|
|
| To amend sections 9.06, 9.24, 9.833, 9.90, 101.68, | 1 |
| 102.01, 105.41, 108.05, 109.57, 109.572, 109.91, | 2 |
| 117.10, 117.16, 120.06, 120.13, 120.23, 120.52, | 3 |
| 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, | 4 |
| 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, | 5 |
| 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, | 6 |
| 122.83, 123.152, 123.17, 125.041, 125.05, 125.831, | 7 |
| 125.832, 126.25, 127.16, 131.02, 131.23, 133.09, | 8 |
| 140.01, 140.08, 141.011, 141.04, 145.01, 145.33, | 9 |
| 147.05, 147.10, 147.11, 147.12, 147.371, 150.07, | 10 |
| 150.10, 153.44, 173.40, 181.251, 181.51, 181.52, | 11 |
| 181.54, 181.55, 181.56, 183.28, 307.88, 317.08, | 12 |
| 317.36, 319.20, 319.301, 319.302, 319.54, 321.24, | 13 |
| 323.01, 323.152, 323.17, 325.31, 329.04, 329.051, | 14 |
| 339.72, 339.73, 339.88, 340.03, 340.16, 718.09, | 15 |
| 718.10, 723.52, 723.53, 742.59, 901.43, 905.32, | 16 |
| 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, | 17 |
| 905.50, 905.501, 905.66, 907.16, 911.02, 913.02, | 18 |
| 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, | 19 |
| 923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, | 20 |
| 1327.99, 1333.11, 1502.02, 1515.14, 1517.02, | 21 |
| 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, | 22 |
| 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, | 23 |
| 1711.53, 1713.03, 1751.03, 1901.26, 1901.31, | 24 |
| 1907.24, 2113.041, 2151.031, 2151.352, 2151.416, | 25 |
| 2151.86, 2152.43, 2152.74, 2303.201, 2305.234, | 26 |
| 2329.66, 2744.05, 2901.07, 2913.40, 2919.22, | 27 |
| 2921.13, 2923.25, 2925.01, 2925.04, 2925.041, | 28 |
| 2929.13, 2929.14, 2967.13, 3107.10, 3111.04, | 29 |
| 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, | 30 |
| 3301.0710, 3301.0711, 3301.0714, 3301.0715, | 31 |
| 3301.12, 3301.16, 3301.311, 3301.32, 3301.86, | 32 |
| 3301.88, 3311.19, 3313.12, 3313.202, 3313.207, | 33 |
| 3313.208, 3313.209, 3313.33, 3313.489, 3313.975, | 34 |
| 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, | 35 |
| 3314.015, 3314.02, 3314.021, 3314.03, 3314.06, | 36 |
| 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, | 37 |
| 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, | 38 |
| 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, | 39 |
| 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, | 40 |
| 3317.0212, 3317.0216, 3317.0217, 3317.03, 3317.05, | 41 |
| 3317.052, 3317.053, 3317.06, 3317.081, 3317.09, | 42 |
| 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, | 43 |
| 3317.23, 3317.50, 3317.51, 3318.011, 3318.33, | 44 |
| 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, | 45 |
| 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, | 46 |
| 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, | 47 |
| 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, | 48 |
| 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, | 49 |
| 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, | 50 |
| 3334.17, 3334.18, 3345.32, 3353.01, 3353.06, | 51 |
| 3353.07, 3365.01, 3365.02, 3365.021, 3365.04, | 52 |
| 3365.07, 3365.10, 3375.40, 3375.48, 3375.49, | 53 |
| 3375.54, 3375.55, 3377.03, 3379.04, 3381.07, | 54 |
| 3381.17, 3383.02, 3501.141, 3501.17, 3701.021, | 55 |
| 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, | 56 |
| 3702.68, 3702.74, 3703.01, 3703.03, 3703.04, | 57 |
| 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, | 58 |
| 3703.99, 3705.24, 3709.29, 3709.34, 3712.03, | 59 |
| 3714.07, 3721.01, 3721.03, 3721.07, 3721.15, | 60 |
| 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, | 61 |
| 3721.58, 3722.01, 3722.02, 3734.01, 3734.28, | 62 |
| 3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, | 63 |
| 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, | 64 |
| 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, | 65 |
| 3793.09, 3901.021, 3901.17, 3901.78, 3903.14, | 66 |
| 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, | 67 |
| 4117.03, 4117.08, 4117.24, 4123.27, 4141.29, | 68 |
| 4301.10, 4301.42, 4301.43, 4305.01, 4505.06, | 69 |
| 4511.75, 4519.02, 4519.09, 4561.17, 4561.18, | 70 |
| 4561.21, 4703.15, 4705.09, 4709.05, 4731.65, | 71 |
| 4731.71, 4736.11, 4736.12, 4757.30, 4775.04, | 72 |
| 4905.10, 4905.54, 4905.95, 4911.02, 4911.18, | 73 |
| 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, | 74 |
| 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, | 75 |
| 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, | 76 |
| 5101.821, 5104.01, 5104.32, 5104.38, 5107.05, | 77 |
| 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, | 78 |
| 5110.05, 5110.352, 5110.39, 5111.019, 5111.0112, | 79 |
| 5111.02, 5111.021, 5111.023, 5111.025, 5111.042, | 80 |
| 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, | 81 |
| 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, | 82 |
| 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, | 83 |
| 5111.24, 5111.241, 5111.25, 5111.251, 5111.255, | 84 |
| 5111.257, 5111.26, 5111.261, 5111.263, 5111.264, | 85 |
| 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, | 86 |
| 5111.31, 5111.32, 5111.33, 5111.62, 5111.85, | 87 |
| 5111.87, 5111.88, 5111.911, 5111.97, 5111.99, | 88 |
| 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, | 89 |
| 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, | 90 |
| 5120.16, 5120.48, 5120.51, 5121.01, 5121.02, | 91 |
| 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, | 92 |
| 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, | 93 |
| 5121.12, 5121.21, 5122.03, 5122.04, 5122.31, | 94 |
| 5123.01, 5123.046, 5123.047, 5123.049, 5123.0412, | 95 |
| 5123.19, 5123.196, 5123.20, 5123.34, 5123.701, | 96 |
| 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, | 97 |
| 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, | 98 |
| 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, | 99 |
| 5517.02, 5540.01, 5540.09, 5543.19, 5549.01, | 100 |
| 5573.13, 5575.01, 5701.03, 5703.052, 5703.053, | 101 |
| 5703.47, 5703.50, 5703.70, 5703.80, 5705.02, | 102 |
| 5705.091, 5705.214, 5705.29, 5705.391, 5705.392, | 103 |
| 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, | 104 |
| 5709.78, 5711.21, 5711.22, 5713.08, 5715.24, | 105 |
| 5719.041, 5725.19, 5727.01, 5727.02, 5727.06, | 106 |
| 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, | 107 |
| 5727.82, 5727.84, 5727.85, 5728.01, 5728.02, | 108 |
| 5728.03, 5728.04, 5728.06, 5728.08, 5729.08, | 109 |
| 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, | 110 |
| 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, | 111 |
| 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, | 112 |
| 5733.352, 5733.40, 5733.41, 5733.49, 5739.01, | 113 |
| 5739.02, 5739.025, 5739.10, 5741.02, 5743.01, | 114 |
| 5743.02, 5743.025, 5743.03, 5743.04, 5743.05, | 115 |
| 5743.071, 5743.08, 5743.081, 5743.12, 5743.13, | 116 |
| 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, | 117 |
| 5743.20, 5743.32, 5743.33, 5743.34, 5743.35, | 118 |
| 5743.51, 5743.62, 5743.63, 5747.01, 5747.02, | 119 |
| 5747.05, 5747.08, 5747.331, 5747.70, 5747.80, | 120 |
| 5747.98, 5749.02, 5919.33, 5920.01, 6109.21, and | 121 |
| 6111.02; to amend, for the purpose of adopting new | 122 |
| section numbers as indicated in parentheses, | 123 |
| sections 181.251 (5502.63), 181.51 (5502.61), | 124 |
| 181.52 (5502.62), 181.54 (5502.64), 181.55 | 125 |
| (5502.65), 181.56 (5502.66), 3317.21 (3318.47), | 126 |
| 3317.22 (3318.48), 3317.23 (3318.49), 5101.75 | 127 |
| (173.42), 5101.752 (173.43), 5111.02 (5111.021), | 128 |
| 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 129 |
| (5111.0114), 5111.112 (5111.113), 5111.113 | 130 |
| (5111.114), 5111.231 (5111.232), 5111.257 | 131 |
| (5111.258), 5111.88 (5111.97), 5111.97 (5111.86), | 132 |
| 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 | 133 |
| (5121.01); to enact new sections 5111.02, | 134 |
| 5111.112, 5111.231, 5111.257, and 5111.262, and | 135 |
| sections 9.901, 117.162, 120.36, 121.381, 121.382, | 136 |
| 121.403, 122.083, 125.18, 131.022, 131.46, | 137 |
| 153.692, 173.39, 173.391, 173.392, 173.393, | 138 |
| 173.394, 173.395, 173.396, 173.397, 173.44, | 139 |
| 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, | 140 |
| 341.192, 901.44, 907.111, 1327.70, 1327.71, | 141 |
| 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, | 142 |
| 1547.726, 1751.271, 2925.15, 2927.30, 2967.24, | 143 |
| 3125.191, 3310.01, 3310.02, 3310.03, 3310.04, | 144 |
| 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, | 145 |
| 3310.10, 3310.11, 3310.12, 3310.13, 3310.14, | 146 |
| 3310.15, 3310.16, 3310.17, 3314.035, 3314.061, | 147 |
| 3314.29, 3316.043, 3317.034, 3317.035, 3317.201, | 148 |
| 3318.111, 3319.0810, 3319.172, 3323.20, 3323.30, | 149 |
| 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, | 150 |
| 3325.11, 3325.12, 3325.15, 3325.16, 3325.17, | 151 |
| 3333.047, 3333.122, 3333.162, 3365.11, 3702.83, | 152 |
| 3705.242, 3714.073, 3715.04, 3719.47, 3719.48, | 153 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, | 154 |
| 3770.061, 3903.421, 4905.261, 4911.021, 5101.07, | 155 |
| 5101.071, 5101.461, 5101.802, 5101.803, 5107.301, | 156 |
| 5111.026, 5111.027, 5111.061, 5111.062, 5111.072, | 157 |
| 5111.083, 5111.10, 5111.161, 5111.176, 5111.177, | 158 |
| 5111.191, 5111.222, 5111.234, 5111.242, 5111.254, | 159 |
| 5111.256, 5111.265, 5111.266, 5111.851, 5111.852, | 160 |
| 5111.853, 5111.854, 5111.855, 5111.89, 5111.891, | 161 |
| 5111.892, 5111.893, 5111.914, 5111.915, 5111.98, | 162 |
| 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, | 163 |
| 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, | 164 |
| 5121.39, 5121.40, 5121.41, 5121.42, 5121.43, | 165 |
| 5121.44, 5121.45, 5121.46, 5121.47, 5121.49, | 166 |
| 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, | 167 |
| 5121.55, 5123.1910, 5540.032, 5703.057, 5705.219, | 168 |
| 5707.031, 5727.031, 5727.241, 5743.021, 5743.022, | 169 |
| 5743.031, 5743.072, 5743.321, 5743.71, 5743.72, | 170 |
| 5743.73, 5743.74, 5743.75, 5743.76, 5747.056, | 171 |
| 5751.01, 5751.011, 5751.012, 5751.02, 5751.021, | 172 |
| 5751.03, 5751.031, 5751.032, 5751.033, 5751.034, | 173 |
| 5751.04, 5751.05, 5751.06, 5751.07, 5751.08, | 174 |
| 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, | 175 |
| 5751.20, 5751.21, 5751.22, 5751.31, 5751.50, | 176 |
| 5751.51, 5751.52, 5751.98, 5751.99, 5919.31, | 177 |
| 5919.341, 6111.0210, 6111.0211, 6111.0212, and | 178 |
| 6111.0213; and to repeal sections 181.53, 339.77, | 179 |
| 742.36, 1541.221, 3301.31, 3301.33, 3301.34, | 180 |
| 3301.35, 3301.36, 3301.37, 3301.38, 3301.80, | 181 |
| 3301.85, 3301.87, 3311.40, 3317.0213, 3353.02, | 182 |
| 3353.03, 3353.04, 3721.511, 3901.781, 3901.782, | 183 |
| 3901.783, 3901.784, 5101.751, 5101.753, 5101.754, | 184 |
| 5111.041, 5111.205, 5111.262, 5111.34, 5115.10, | 185 |
| 5115.11, 5115.12, 5115.13, 5115.14, 5123.041, | 186 |
| 5123.048, 5571.13, 5731.20, 5733.122, and 6111.028 | 187 |
| of the Revised Code; to amend Sections 16.09, | 188 |
| 19.01, 20.01, 22.03, 23.11, 23.12, 23.13, 23.26, | 189 |
| 23.45, and 24.01 of Am. Sub. H.B. 16 of the 126th | 190 |
| General Assembly; to amend Sections 203.03.09 and | 191 |
| 203.03.10 of Am. Sub. H.B. 68 of the 126th General | 192 |
| Assembly; to amend Section 4 of Am. Sub. H.B. 516 | 193 |
| of the 125th General Assembly; to amend Section 3 | 194 |
| of Am. Sub. H.B. 621 of the 122nd General | 195 |
| Assembly, as subsequently amended; to amend | 196 |
| Section 153 of Am. Sub. H.B. 117 of the 121st | 197 |
| General Assembly, as subsequently amended; to | 198 |
| amend Section 5 of Am. Sub. S.B. 50 of the 121st | 199 |
| General Assembly, as subsequently amended; and to | 200 |
| repeal Sections 59.19 and 147 of Am. Sub. H.B. 95 | 201 |
| of the 125th General Assembly to make operating | 202 |
| appropriations for the biennium beginning July 1, | 203 |
| 2005 and ending June 30, 2007, and to provide | 204 |
| authorization and conditions for the operation of | 205 |
| state programs, and to further amend sections | 206 |
| 3215.18, 5101.35, 5101.80, 5101.801, and 5153.16 | 207 |
| of the Revised Code on January 1, 2006, to provide | 208 |
| authorization and continuation for the operation | 209 |
| of certain state programs, and to repeal Section | 210 |
| 553.01 of this act on December 16, 2005. | 211 |
| Section 101.01. That sections 9.06, 9.24, 9.833, 9.90, | 212 |
| 101.68, 102.01, 105.41, 108.05, 109.57, 109.572, 109.91, 117.10, | 213 |
| 117.16, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, | 214 |
| 122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, 122.74, | 215 |
| 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, | 216 |
| 123.152, 123.17, 125.041, 125.05, 125.831, 125.832, 126.25, | 217 |
| 127.16, 131.02, 131.23, 133.09, 140.01, 140.08, 141.011, 141.04, | 218 |
| 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 150.07, | 219 |
| 150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 181.54, 181.55, | 220 |
| 181.56, 183.28, 307.88, 317.08, 317.36, 319.20, 319.301, 319.302, | 221 |
| 319.54, 321.24, 323.01, 323.152, 323.17, 325.31, 329.04, 329.051, | 222 |
| 339.72, 339.73, 339.88, 340.03, 340.16, 718.09, 718.10, 723.52, | 223 |
| 723.53, 742.01, 742.59, 901.43, 905.32, 905.33, 905.331, 905.36, | 224 |
| 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 911.02, | 225 |
| 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, | 226 |
| 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99, 1333.11, | 227 |
| 1502.02, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, | 228 |
| 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53, | 229 |
| 1713.03, 1751.03, 1901.26, 1901.31, 1907.24, 2113.041, 2151.031, | 230 |
| 2151.352, 2151.416, 2151.86, 2152.43, 2152.74, 2303.201, 2305.234, | 231 |
| 2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 2921.13, 2923.25, | 232 |
| 2925.01, 2925.04, 2925.041, 2929.13, 2929.14, 2967.13, 3107.10, | 233 |
| 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, | 234 |
| 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, | 235 |
| 3301.32, 3301.86, 3301.88, 3311.19, 3313.12, 3313.202, 3313.207, | 236 |
| 3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 3313.976, | 237 |
| 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, | 238 |
| 3314.021, 3314.03, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, | 239 |
| 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 3317.013, | 240 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, | 241 |
| 3317.027, 3317.028, 3317.029, 3317.0212, 3317.0216, 3317.0217, | 242 |
| 3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.09, | 243 |
| 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, | 244 |
| 3317.51, 3318.011, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, | 245 |
| 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, | 246 |
| 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, | 247 |
| 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, | 248 |
| 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, | 249 |
| 3345.32, 3353.01, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, | 250 |
| 3365.04, 3365.07, 3365.10, 3375.40, 3375.48, 3375.49, 3375.54, | 251 |
| 3375.55, 3377.03, 3379.04, 3381.07, 3381.17, 3383.02, 3501.141, | 252 |
| 3501.17, 3701.021, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, | 253 |
| 3702.68, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, | 254 |
| 3703.07, 3703.08, 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, | 255 |
| 3712.03, 3714.07, 3721.01, 3721.03, 3721.07, 3721.15, 3721.21, | 256 |
| 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, | 257 |
| 3734.01, 3734.28, 3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, | 258 |
| 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, | 259 |
| 3773.39, 3773.40, 3773.57, 3793.09, 3901.021, 3901.17, 3901.78, | 260 |
| 3903.14, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4117.03, | 261 |
| 4117.08, 4117.24, 4123.27, 4141.29, 4301.10, 4301.42, 4301.43, | 262 |
| 4305.01, 4505.06, 4511.75, 4519.02, 4519.09, 4561.17, 4561.18, | 263 |
| 4561.21, 4703.15, 4705.09, 4709.05, 4731.65, 4731.71, 4736.11, | 264 |
| 4736.12, 4757.30, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02, | 265 |
| 4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26, | 266 |
| 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, | 267 |
| 5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05, | 268 |
| 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, | 269 |
| 5110.39, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.023, | 270 |
| 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, | 271 |
| 5111.113, 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, | 272 |
| 5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, | 273 |
| 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, | 274 |
| 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, | 275 |
| 5111.32, 5111.33, 5111.62, 5111.85, 5111.87, 5111.88, 5111.911, | 276 |
| 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, | 277 |
| 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.16, 5120.48, | 278 |
| 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, | 279 |
| 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, | 280 |
| 5121.21, 5122.03, 5122.04, 5122.31, 5123.01, 5123.046, 5123.047, | 281 |
| 5123.049, 5123.0412, 5123.19, 5123.196, 5123.20, 5123.34, | 282 |
| 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, | 283 |
| 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, | 284 |
| 5502.01, 5502.03, 5517.02, 5540.01, 5540.09, 5543.19, 5549.01, | 285 |
| 5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 5703.47, 5703.50, | 286 |
| 5703.70, 5703.80, 5705.02, 5705.091, 5705.214, 5705.29, 5705.391, | 287 |
| 5705.392, 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 5709.78, | 288 |
| 5711.21, 5711.22, 5713.08, 5715.24, 5719.041, 5725.19, 5727.01, | 289 |
| 5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, | 290 |
| 5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, | 291 |
| 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, | 292 |
| 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, | 293 |
| 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, | 294 |
| 5733.49, 5739.01, 5739.02, 5739.025, 5739.10, 5741.02, 5743.01, | 295 |
| 5743.02, 5743.025, 5743.03, 5743.04, 5743.05, 5743.071, 5743.08, | 296 |
| 5743.081, 5743.12, 5743.13, 5743.14, 5743.15, 5743.16, 5743.18, | 297 |
| 5743.19, 5743.20, 5743.32, 5743.33, 5743.34, 5743.35, 5743.51, | 298 |
| 5743.62, 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, 5747.331, | 299 |
| 5747.70, 5747.80, 5747.98, 5749.02, 5919.33, 5920.01, 6109.21, and | 300 |
| 6111.02, be amended; that sections 181.251 (5502.63), 181.51 | 301 |
| (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), | 302 |
| 181.56 (5502.66), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 | 303 |
| (3318.49), 5101.75 (173.42), 5101.752 (173.43), 5111.02 | 304 |
| (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 305 |
| (5111.0114), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 | 306 |
| (5111.232), 5111.257 (5111.258), 5111.88 (5111.97), 5111.97 | 307 |
| (5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 | 308 |
| (5121.01) be amended for the purpose of adopting new section | 309 |
| numbers as indicated in parentheses; that new sections 5111.02, | 310 |
| 5111.112, 5111.231, 5111.257, and 5111.262 and sections 9.901, | 311 |
| 117.162, 120.36, 121.381, 121.382, 121.403, 122.083, 125.18, | 312 |
| 131.022, 131.46, 153.692, 173.39, 173.391, 173.392, 173.393, | 313 |
| 173.394, 173.395, 173.396, 173.397, 173.44, 173.45, 173.46, | 314 |
| 173.47, 173.48, 173.49, 173.50, 341.192, 901.44, 907.111, 1327.70, | 315 |
| 1327.71, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, | 316 |
| 1547.726, 1751.271, 2925.15, 2927.30, 2967.24, 3125.191, 3310.01, | 317 |
| 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, | 318 |
| 3310.09, 3310.10, 3310.11, 3310.12, 3310.13, 3310.14, 3310.15, | 319 |
| 3310.16, 3310.17, 3314.035, 3314.061, 3314.29, 3316.043, 3317.034, | 320 |
| 3317.035, 3317.201, 3318.111, 3319.0810, 3319.172, 3323.20, | 321 |
| 3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11, | 322 |
| 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.162, | 323 |
| 3365.11, 3702.83, 3705.242, 3714.073, 3715.04, 3719.47, 3719.48, | 324 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, | 325 |
| 3903.421, 4905.261, 4911.021, 5101.07, 5101.071, 5101.461, | 326 |
| 5101.802, 5101.803, 5107.301, 5111.026, 5111.027, 5111.061, | 327 |
| 5111.062, 5111.072, 5111.083, 5111.10, 5111.161, 5111.176, | 328 |
| 5111.177, 5111.191, 5111.222, 5111.234, 5111.242, 5111.254, | 329 |
| 5111.256, 5111.265, 5111.266, 5111.851, 5111.852, 5111.853, | 330 |
| 5111.854, 5111.855, 5111.89, 5111.891, 5111.892, 5111.893, | 331 |
| 5111.914, 5111.915, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, | 332 |
| 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.39, | 333 |
| 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, | 334 |
| 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, | 335 |
| 5121.55, 5123.1910, 5540.032, 5703.057, 5705.219, 5707.031, | 336 |
| 5727.031, 5727.241, 5743.021, 5743.022, 5743.031, 5743.072, | 337 |
| 5743.321, 5743.71, 5743.72, 5743.73, 5743.74, 5743.75, 5743.76, | 338 |
| 5747.056, 5751.01, 5751.011, 5751.012, 5751.02, 5751.021, 5751.03, | 339 |
| 5751.031, 5751.032, 5751.033, 5751.034, 5751.04, 5751.05, 5751.06, | 340 |
| 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, | 341 |
| 5751.20, 5751.21, 5751.22, 5751.31, 5751.50, 5751.51, 5751.52, | 342 |
| 5751.98, 5751.99, 5919.31, 5919.341, 6111.0210, 6111.0211, | 343 |
| 6111.0212, and 6111.0213 of the Revised Code be enacted to read as | 344 |
| follows: | 345 |
| Sec. 9.06. (A)(1) The department of rehabilitation and | 346 |
| correction shall contract for the private operation and management | 347 |
| pursuant to this section of the initial intensive program prison | 348 |
| established pursuant to section 5120.033 of the Revised Code and | 349 |
| may contract for the private operation and management of any other | 350 |
| facility under this section. Counties and municipal corporations | 351 |
| to the extent authorized in sections 307.93, 341.35, 753.03, and | 352 |
| 753.15 of the Revised Code, may contract for the private operation | 353 |
| and management of a facility under this section. A contract | 354 |
| entered into under this section shall be for an initial term of | 355 |
| not more than two years, with an option to renew for additional | 356 |
| periods of two years. | 357 |
| (2) The department of rehabilitation and correction, by rule, | 358 |
| shall adopt minimum criteria and specifications that a person or | 359 |
| entity, other than a person or entity that satisfies the criteria | 360 |
| set forth in division (A)(3)(a) of this section and subject to | 361 |
| division (I) of this section, must satisfy in order to apply to | 362 |
| operate and manage as a contractor pursuant to this section the | 363 |
| initial intensive program prison established pursuant to section | 364 |
| 5120.033 of the Revised Code. | 365 |
| (3) Subject to division (I) of this section, any person or | 366 |
| entity that applies to operate and manage a facility as a | 367 |
| contractor pursuant to this section shall satisfy one or more of | 368 |
| the following criteria: | 369 |
| (a) The person or entity is accredited by the American | 370 |
| correctional association and, at the time of the application, | 371 |
| operates and manages one or more facilities accredited by the | 372 |
| American correctional association. | 373 |
| (b) The person or entity satisfies all of the minimum | 374 |
| criteria and specifications adopted by the department of | 375 |
| rehabilitation and correction pursuant to division (A)(2) of this | 376 |
| section, provided that this alternative shall be available only in | 377 |
| relation to the initial intensive program prison established | 378 |
| pursuant to section 5120.033 of the Revised Code. | 379 |
| (4) Subject to division (I) of this section, before a public | 380 |
| entity may enter into a contract under this section, the | 381 |
| contractor shall convincingly demonstrate to the public entity | 382 |
| that it can operate the facility with the inmate capacity required | 383 |
| by the public entity and provide the services required in this | 384 |
| section and realize at least a five per cent savings or, regarding | 385 |
| contracts entered into or renewed on or after the effective date | 386 |
| of this amendment, at least a ten per cent savings over the | 387 |
| projected cost to the public entity of providing these same | 388 |
| services to operate the facility that is the subject of the | 389 |
| contract. No out-of-state prisoners may be housed in any facility | 390 |
| that is the subject of a contract entered into under this section. | 391 |
| (B) Subject to division (I) of this section, any contract | 392 |
| entered into under this section shall include all of the | 393 |
| following: | 394 |
| (1) A requirement that the contractor retain the contractor's | 395 |
| accreditation from the American correctional association | 396 |
| throughout the contract term or, if the contractor applied | 397 |
| pursuant to division (A)(3)(b) of this section, continue complying | 398 |
| with the applicable criteria and specifications adopted by the | 399 |
| department of rehabilitation and correction pursuant to division | 400 |
| (A)(2) of this section; | 401 |
| (2) A requirement that all of the following conditions be | 402 |
| met: | 403 |
| (a) The contractor begins the process of accrediting the | 404 |
| facility with the American correctional association no later than | 405 |
| sixty days after the facility receives its first inmate. | 406 |
| (b) The contractor receives accreditation of the facility | 407 |
| within twelve months after the date the contractor applies to the | 408 |
| American correctional association for accreditation. | 409 |
| (c) Once the accreditation is received, the contractor | 410 |
| maintains it for the duration of the contract term. | 411 |
| (d) If the contractor does not comply with divisions | 412 |
| (B)(2)(a) to (c) of this section, the contractor is in violation | 413 |
| of the contract, and the public entity may revoke the contract at | 414 |
| its discretion. | 415 |
| (3) A requirement that the contractor comply with all rules | 416 |
| promulgated by the department of rehabilitation and correction | 417 |
| that apply to the operation and management of correctional | 418 |
| facilities, including the minimum standards for jails in Ohio and | 419 |
| policies regarding the use of force and the use of deadly force, | 420 |
| although the public entity may require more stringent standards, | 421 |
| and comply with any applicable laws, rules, or regulations of the | 422 |
| federal, state, and local governments, including, but not limited | 423 |
| to, sanitation, food service, safety, and health regulations. The | 424 |
| contractor shall be required to send copies of reports of | 425 |
| inspections completed by the appropriate authorities regarding | 426 |
| compliance with rules and regulations to the director of | 427 |
| rehabilitation and correction or the director's designee and, if | 428 |
| contracting with a local public entity, to the governing authority | 429 |
| of that entity. | 430 |
| (4) A requirement that the contractor report for | 431 |
| investigation all crimes in connection with the facility to the | 432 |
| public entity, to all local law enforcement agencies with | 433 |
| jurisdiction over the place at which the facility is located, and, | 434 |
| for a crime committed at a state correctional institution, to the | 435 |
| state highway patrol; | 436 |
| (5) A requirement that the contractor immediately report all | 437 |
| escapes from the facility, and the apprehension of all escapees, | 438 |
| by telephone and in writing to all local law enforcement agencies | 439 |
| with jurisdiction over the place at which the facility is located, | 440 |
| to the prosecuting attorney of the county in which the facility is | 441 |
| located, to the state highway patrol, to a daily newspaper having | 442 |
| general circulation in the county in which the facility is | 443 |
| located, and, if the facility is a state correctional institution, | 444 |
| to the department of rehabilitation and correction. The written | 445 |
| notice may be by either facsimile transmission or mail. A failure | 446 |
| to comply with this requirement regarding an escape is a violation | 447 |
| of section 2921.22 of the Revised Code. | 448 |
| (6) A requirement that, if the facility is a state | 449 |
| correctional institution, the contractor provide a written report | 450 |
| within specified time limits to the director of rehabilitation and | 451 |
| correction or the director's designee of all unusual incidents at | 452 |
| the facility as defined in rules promulgated by the department of | 453 |
| rehabilitation and correction or, if the facility is a local | 454 |
| correctional institution, that the contractor provide a written | 455 |
| report of all unusual incidents at the facility to the governing | 456 |
| authority of the local public entity; | 457 |
| (7) A requirement that the contractor maintain proper control | 458 |
| of inmates' personal funds pursuant to rules promulgated by the | 459 |
| department of rehabilitation and correction, for state | 460 |
| correctional institutions, or pursuant to the minimum standards | 461 |
| for jails along with any additional standards established by the | 462 |
| local public entity, for local correctional institutions, and that | 463 |
| records pertaining to these funds be made available to | 464 |
| representatives of the public entity for review or audit; | 465 |
| (8) A requirement that the contractor prepare and distribute | 466 |
| to the director of rehabilitation and correction or, if | 467 |
| contracting with a local public entity, to the governing authority | 468 |
| of the local entity, annual budget income and expenditure | 469 |
| statements and funding source financial reports; | 470 |
| (9) A requirement that the public entity appoint and | 471 |
| supervise a full-time contract monitor, that the contractor | 472 |
| provide suitable office space for the contract monitor at the | 473 |
| facility, and that the contractor allow the contract monitor | 474 |
| unrestricted access to all parts of the facility and all records | 475 |
| of the facility except the contractor's financial records; | 476 |
| (10) A requirement that if the facility is a state | 477 |
| correctional institution, designated department of rehabilitation | 478 |
| and correction staff members be allowed access to the facility in | 479 |
| accordance with rules promulgated by the department; | 480 |
| (11) A requirement that the contractor provide internal and | 481 |
| perimeter security as agreed upon in the contract; | 482 |
| (12) If the facility is a state correctional institution, a | 483 |
| requirement that the contractor impose discipline on inmates | 484 |
| housed in a state correctional institution, only in accordance | 485 |
| with rules promulgated by the department of rehabilitation and | 486 |
| correction; | 487 |
| (13) A requirement that the facility be staffed at all times | 488 |
| with a staffing pattern approved by the public entity and adequate | 489 |
| both to ensure supervision of inmates and maintenance of security | 490 |
| within the facility, and to provide for programs, transportation, | 491 |
| security, and other operational needs. In determining security | 492 |
| needs, the contractor shall be required to consider, among other | 493 |
| things, the proximity of the facility to neighborhoods and | 494 |
| schools. | 495 |
| (14) If the contract is with a local public entity, a | 496 |
| requirement that the contractor provide services and programs, | 497 |
| consistent with the minimum standards for jails promulgated by the | 498 |
| department of rehabilitation and correction under section 5120.10 | 499 |
| of the Revised Code; | 500 |
| (15) A clear statement that no immunity from liability | 501 |
| granted to the state, and no immunity from liability granted to | 502 |
| political subdivisions under Chapter 2744. of the Revised Code, | 503 |
| shall extend to the contractor or any of the contractor's | 504 |
| employees; | 505 |
| (16) A statement that all documents and records relevant to | 506 |
| the facility shall be maintained in the same manner required for, | 507 |
| and subject to the same laws, rules, and regulations as apply to, | 508 |
| the records of the public entity; | 509 |
| (17) Authorization for the public entity to impose a fine on | 510 |
| the contractor from a schedule of fines included in the contract | 511 |
| for the contractor's failure to perform its contractual duties, or | 512 |
| to cancel the contract, as the public entity considers | 513 |
| appropriate. If a fine is imposed, the public entity may reduce | 514 |
| the payment owed to the contractor pursuant to any invoice in the | 515 |
| amount of the imposed fine. | 516 |
| (18) A statement that all services provided or goods produced | 517 |
| at the facility shall be subject to the same regulations, and the | 518 |
| same distribution limitations, as apply to goods and services | 519 |
| produced at other correctional institutions; | 520 |
| (19) Authorization for the department to establish one or | 521 |
| more prison industries at a facility operated and managed by a | 522 |
| contractor for the department; | 523 |
| (20) A requirement that, if the facility is an intensive | 524 |
| program prison established pursuant to section 5120.033 of the | 525 |
| Revised Code, the facility shall comply with all criteria for | 526 |
| intensive program prisons of that type that are set forth in that | 527 |
| section; | 528 |
| (21) If the institution is a state correctional institution, | 529 |
| a requirement that the contractor provide clothing for all inmates | 530 |
| housed in the facility that is conspicuous in its color, style, or | 531 |
| color and style, that conspicuously identifies its wearer as an | 532 |
| inmate, and that is readily distinguishable from clothing of a | 533 |
| nature that normally is worn outside the facility by non-inmates, | 534 |
| that the contractor require all inmates housed in the facility to | 535 |
| wear the clothing so provided, and that the contractor not permit | 536 |
| any inmate, while inside or on the premises of the facility or | 537 |
| while being transported to or from the facility, to wear any | 538 |
| clothing of a nature that does not conspicuously identify its | 539 |
| wearer as an inmate and that normally is worn outside the facility | 540 |
| by non-inmates. | 541 |
| (C) No contract entered into under this section may require, | 542 |
| authorize, or imply a delegation of the authority or | 543 |
| responsibility of the public entity to a contractor for any of the | 544 |
| following: | 545 |
| (1) Developing or implementing procedures for calculating | 546 |
| inmate release and parole eligibility dates and recommending the | 547 |
| granting or denying of parole, although the contractor may submit | 548 |
| written reports that have been prepared in the ordinary course of | 549 |
| business; | 550 |
| (2) Developing or implementing procedures for calculating and | 551 |
| awarding earned credits, approving the type of work inmates may | 552 |
| perform and the wage or earned credits, if any, that may be | 553 |
| awarded to inmates engaging in that work, and granting, denying, | 554 |
| or revoking earned credits; | 555 |
| (3) For inmates serving a term imposed for a felony offense | 556 |
| committed prior to July 1, 1996, or for a misdemeanor offense, | 557 |
| developing or implementing procedures for calculating and awarding | 558 |
| good time, approving the good time, if any, that may be awarded to | 559 |
| inmates engaging in work, and granting, denying, or revoking good | 560 |
| time; | 561 |
| (4) For inmates serving a term imposed for a felony offense | 562 |
| committed on or after July 1, 1996, extending an inmate's term | 563 |
| pursuant to the provisions of law governing bad time; | 564 |
| (5) Classifying an inmate or placing an inmate in a more or a | 565 |
| less restrictive custody than the custody ordered by the public | 566 |
| entity; | 567 |
| (6) Approving inmates for work release; | 568 |
| (7) Contracting for local or long distance telephone services | 569 |
| for inmates or receiving commissions from those services at a | 570 |
| facility that is owned by or operated under a contract with the | 571 |
| department. | 572 |
| (D) A contractor that has been approved to operate a facility | 573 |
| under this section, and a person or entity that enters into a | 574 |
| contract for specialized services, as described in division (I) of | 575 |
| this section, relative to an intensive program prison established | 576 |
| pursuant to section 5120.033 of the Revised Code to be operated by | 577 |
| a contractor that has been approved to operate the prison under | 578 |
| this section, shall provide an adequate policy of insurance | 579 |
| specifically including, but not limited to, insurance for civil | 580 |
| rights claims as determined by a risk management or actuarial firm | 581 |
| with demonstrated experience in public liability for state | 582 |
| governments. The insurance policy shall provide that the state, | 583 |
| including all state agencies, and all political subdivisions of | 584 |
| the state with jurisdiction over the facility or in which a | 585 |
| facility is located are named as insured, and that the state and | 586 |
| its political subdivisions shall be sent any notice of | 587 |
| cancellation. The contractor may not self-insure. | 588 |
| A contractor that has been approved to operate a facility | 589 |
| under this section, and a person or entity that enters into a | 590 |
| contract for specialized services, as described in division (I) of | 591 |
| this section, relative to an intensive program prison established | 592 |
| pursuant to section 5120.033 of the Revised Code to be operated by | 593 |
| a contractor that has been approved to operate the prison under | 594 |
| this section, shall indemnify and hold harmless the state, its | 595 |
| officers, agents, and employees, and any local government entity | 596 |
| in the state having jurisdiction over the facility or ownership of | 597 |
| the facility, shall reimburse the state for its costs in defending | 598 |
| the state or any of its officers, agents, or employees, and shall | 599 |
| reimburse any local government entity of that nature for its costs | 600 |
| in defending the local government entity, from all of the | 601 |
| following: | 602 |
| (1) Any claims or losses for services rendered by the | 603 |
| contractor, person, or entity performing or supplying services in | 604 |
| connection with the performance of the contract; | 605 |
| (2) Any failure of the contractor, person, or entity or its | 606 |
| officers or employees to adhere to the laws, rules, regulations, | 607 |
| or terms agreed to in the contract; | 608 |
| (3) Any constitutional, federal, state, or civil rights claim | 609 |
| brought against the state related to the facility operated and | 610 |
| managed by the contractor; | 611 |
| (4) Any claims, losses, demands, or causes of action arising | 612 |
| out of the contractor's, person's, or entity's activities in this | 613 |
| state; | 614 |
| (5) Any attorney's fees or court costs arising from any | 615 |
| habeas corpus actions or other inmate suits that may arise from | 616 |
| any event that occurred at the facility or was a result of such an | 617 |
| event, or arise over the conditions, management, or operation of | 618 |
| the facility, which fees and costs shall include, but not be | 619 |
| limited to, attorney's fees for the state's representation and for | 620 |
| any court-appointed representation of any inmate, and the costs of | 621 |
| any special judge who may be appointed to hear those actions or | 622 |
| suits. | 623 |
| (E) Private correctional officers of a contractor operating | 624 |
| and managing a facility pursuant to a contract entered into under | 625 |
| this section may carry and use firearms in the course of their | 626 |
| employment only after being certified as satisfactorily completing | 627 |
| an approved training program as described in division (A) of | 628 |
| section 109.78 of the Revised Code. | 629 |
| (F) Upon notification by the contractor of an escape from, or | 630 |
| of a disturbance at, the facility that is the subject of a | 631 |
| contract entered into under this section, the department of | 632 |
| rehabilitation and correction and state and local law enforcement | 633 |
| agencies shall use all reasonable means to recapture escapees or | 634 |
| quell any disturbance. Any cost incurred by the state or its | 635 |
| political subdivisions relating to the apprehension of an escapee | 636 |
| or the quelling of a disturbance at the facility shall be | 637 |
| chargeable to and borne by the contractor. The contractor shall | 638 |
| also reimburse the state or its political subdivisions for all | 639 |
| reasonable costs incurred relating to the temporary detention of | 640 |
| the escapee following recapture. | 641 |
| (G) Any offense that would be a crime if committed at a state | 642 |
| correctional institution or jail, workhouse, prison, or other | 643 |
| correctional facility shall be a crime if committed by or with | 644 |
| regard to inmates at facilities operated pursuant to a contract | 645 |
| entered into under this section. | 646 |
| (H) A contractor operating and managing a facility pursuant | 647 |
| to a contract entered into under this section shall pay any inmate | 648 |
| workers at the facility at the rate approved by the public entity. | 649 |
| Inmates working at the facility shall not be considered employees | 650 |
| of the contractor. | 651 |
| (I) In contracting for the private operation and management | 652 |
| pursuant to division (A) of this section of the initial intensive | 653 |
| program prison established pursuant to section 5120.033 of the | 654 |
| Revised Code or of any other intensive program prison established | 655 |
| pursuant to that section, the department of rehabilitation and | 656 |
| correction may enter into a contract with a contractor for the | 657 |
| general operation and management of the prison and may enter into | 658 |
| one or more separate contracts with other persons or entities for | 659 |
| the provision of specialized services for persons confined in the | 660 |
| prison, including, but not limited to, security or training | 661 |
| services or medical, counseling, educational, or similar treatment | 662 |
| programs. If, pursuant to this division, the department enters | 663 |
| into a contract with a contractor for the general operation and | 664 |
| management of the prison and also enters into one or more | 665 |
| specialized service contracts with other persons or entities, all | 666 |
| of the following apply: | 667 |
| (1) The contract for the general operation and management | 668 |
| shall comply with all requirements and criteria set forth in this | 669 |
| section, and all provisions of this section apply in relation to | 670 |
| the prison operated and managed pursuant to the contract. | 671 |
| (2) Divisions (A)(2), (B), and (C) of this section do not | 672 |
| apply in relation to any specialized services contract, except to | 673 |
| the extent that the provisions of those divisions clearly are | 674 |
| relevant to the specialized services to be provided under the | 675 |
| specialized services contract. Division (D) of this section | 676 |
| applies in relation to each specialized services contract. | 677 |
| (J) As used in this section: | 678 |
| (1) "Public entity" means the department of rehabilitation | 679 |
| and correction, or a county or municipal corporation or a | 680 |
| combination of counties and municipal corporations, that has | 681 |
| jurisdiction over a facility that is the subject of a contract | 682 |
| entered into under this section. | 683 |
| (2) "Local public entity" means a county or municipal | 684 |
| corporation, or a combination of counties and municipal | 685 |
| corporations, that has jurisdiction over a jail, workhouse, or | 686 |
| other correctional facility used only for misdemeanants that is | 687 |
| the subject of a contract entered into under this section. | 688 |
| (3) "Governing authority of a local public entity" means, for | 689 |
| a county, the board of county commissioners; for a municipal | 690 |
| corporation, the legislative authority; for a combination of | 691 |
| counties and municipal corporation, all the boards of county | 692 |
| commissioners and municipal legislative authorities that joined to | 693 |
| create the facility. | 694 |
| (4) "Contractor" means a person or entity that enters into a | 695 |
| contract under this section to operate and manage a jail, | 696 |
| workhouse, or other correctional facility. | 697 |
| (5) "Facility" means the specific county, multicounty, | 698 |
| municipal, municipal-county, or multicounty-municipal jail, | 699 |
| workhouse, prison, or other type of correctional institution or | 700 |
| facility used only for misdemeanants, or a state correctional | 701 |
| institution, that is the subject of a contract entered into under | 702 |
| this section. | 703 |
| (6) "Person or entity" in the case of a contract for the | 704 |
| private operation and management of a state correctional | 705 |
| institution, includes an employee organization, as defined in | 706 |
| section 4117.01 of the Revised Code, that represents employees at | 707 |
| state correctional institutions. | 708 |
| Sec. 9.24. (A) Except as may be allowed under division (F) of | 709 |
| this section, no state agency and no political subdivision shall | 710 |
| award a contract as described in division (G)(1) of this section | 711 |
| for goods, services, or construction, paid for in whole or in part | 712 |
| with state funds, to a person against whom a finding for recovery | 713 |
| has been issued by the auditor of state on and after January 1, | 714 |
| 2001, if the finding for recovery is unresolved. | 715 |
| A contract is considered to be awarded when it is entered | 716 |
| into or executed, irrespective of whether the parties to the | 717 |
| contract have exchanged any money. | 718 |
| (B) For purposes of this section, a finding for recovery is | 719 |
| unresolved unless one of the following criteria applies: | 720 |
| (1) The money identified in the finding for recovery is paid | 721 |
| in full to the state agency or political subdivision to whom the | 722 |
| money was owed; | 723 |
| (2) The debtor has entered into a repayment plan that is | 724 |
| approved by the attorney general and the state agency or political | 725 |
| subdivision to whom the money identified in the finding for | 726 |
| recovery is owed. A repayment plan may include a provision | 727 |
| permitting a state agency or political subdivision to withhold | 728 |
| payment to a debtor for goods, services, or construction provided | 729 |
| to or for the state agency or political subdivision pursuant to a | 730 |
| contract that is entered into with the debtor after the date the | 731 |
| finding for recovery was issued. | 732 |
| (3) The attorney general waives a repayment plan described in | 733 |
| division (B)(2) of this section for good cause; | 734 |
| (4) The debtor and state agency or political subdivision to | 735 |
| whom the money identified in the finding for recovery is owed have | 736 |
| agreed to a payment plan established through an enforceable | 737 |
| settlement agreement. | 738 |
| (5) The state agency or political subdivision desiring to | 739 |
| enter into a contract with a debtor certifies, and the attorney | 740 |
| general concurs, that all of the following are true: | 741 |
| (a) Essential services the state agency or political | 742 |
| subdivision is seeking to obtain from the debtor cannot be | 743 |
| provided by any other person besides the debtor; | 744 |
| (b) Awarding a contract to the debtor for the essential | 745 |
| services described in division (B)(5)(a) of this section is in the | 746 |
| best interest of the state; | 747 |
| (c) Good faith efforts have been made to collect the money | 748 |
| identified in the finding of recovery. | 749 |
| (6) The debtor has commenced an action to contest the finding | 750 |
| for recovery and a final determination on the action has not yet | 751 |
| been reached. | 752 |
| (C) The attorney general shall submit an initial report to | 753 |
| the auditor of state, not later than December 1, 2003, indicating | 754 |
| the status of collection for all findings for recovery issued by | 755 |
| the auditor of state for calendar years 2001, 2002, and 2003. | 756 |
| Beginning on January 1, 2004, the attorney general shall submit to | 757 |
| the auditor of state, on the first day of every January, April, | 758 |
| July, and October, a list of all findings for recovery that have | 759 |
| been resolved in accordance with division (B) of this section | 760 |
| during the calendar quarter preceding the submission of the list | 761 |
| and a description of the means of resolution. The attorney general | 762 |
| shall notify the auditor of state when a judgment is issued | 763 |
| against an entity described in division (F)(1) of this section. | 764 |
| (D) The auditor of state shall maintain a database, | 765 |
| accessible to the public, listing persons against whom an | 766 |
| unresolved finding for recovery has been issued, and the amount of | 767 |
| the money identified in the unresolved finding for recovery. The | 768 |
| auditor of state shall have this database operational on or before | 769 |
| January 1, 2004. The initial database shall contain the | 770 |
| information required under this division for calendar years 2001, | 771 |
| 2002, and 2003. | 772 |
| Beginning January 15, 2004, the auditor of state shall update | 773 |
| the database by the fifteenth day of every January, April, July, | 774 |
| and October to reflect resolved findings for recovery that are | 775 |
| reported to the auditor of state by the attorney general on the | 776 |
| first day of the same month pursuant to division (C) of this | 777 |
| section. | 778 |
| (E) Before awarding a contract as described in division | 779 |
| (G)(1) of this section for goods, services, or construction, paid | 780 |
| for in whole or in part with state funds, a state agency or | 781 |
| political subdivision shall verify that the person to whom the | 782 |
| state agency or political subdivision plans to award the contract | 783 |
| has no unresolved finding for recovery issued against the person. | 784 |
| A state agency or political subdivision shall verify that the | 785 |
| person does not appear in the database described in division (D) | 786 |
| of this section or shall obtain other proof that the person has no | 787 |
| unresolved finding for recovery issued against the person. | 788 |
| (F) The prohibition of division (A) of this section and the | 789 |
| requirement of division (E) of this section do not apply with | 790 |
| respect to the companies or agreements described in divisions | 791 |
| (F)(1) and (2) of this section, or in the circumstance described | 792 |
| in division (F)(3) of this section. | 793 |
| (1) A bonding company or a company authorized to transact the | 794 |
| business of insurance in this state, a self-insurance pool, joint | 795 |
| self-insurance pool, risk management program, or joint risk | 796 |
| management program, unless a court has entered a final judgment | 797 |
| against the company and the company has not yet satisfied the | 798 |
| final judgment. | 799 |
| (2) To medicaid provider agreements under Chapter 5111. of | 800 |
| the Revised Code | 801 |
| 802 | |
| 803 |
| (3) When federal law dictates that a specified entity provide | 804 |
| the goods, services, or construction for which a contract is being | 805 |
| awarded, regardless of whether that entity would otherwise be | 806 |
| prohibited from entering into the contract pursuant to this | 807 |
| section. | 808 |
| (G)(1) This section applies only to contracts for goods, | 809 |
| services, or construction that satisfy the criteria in either | 810 |
| division (G)(1)(a) or (b) of this | 811 |
| may apply to contracts for goods, services, or construction that | 812 |
| satisfy the criteria in division (G)(1)(c) of this section, | 813 |
| provided that the contracts also satisfy the criteria in either | 814 |
| division (G)(1)(a) or (b) of this | 815 |
| (a) The cost for the goods, services, or construction | 816 |
| provided under the contract is estimated to exceed twenty-five | 817 |
| thousand dollars. | 818 |
| (b) The aggregate cost for the goods, services, or | 819 |
| construction provided under multiple contracts entered into by the | 820 |
| particular state agency and a single person or the particular | 821 |
| political subdivision and a single person within the fiscal year | 822 |
| preceding the fiscal year within which a contract is being entered | 823 |
| into by that same state agency and the same single person or the | 824 |
| same political subdivision and the same single person, exceeded | 825 |
| fifty thousand dollars. | 826 |
| (c) The contract is a renewal of a contract previously | 827 |
| entered into and renewed pursuant to that preceding contract. | 828 |
| (2) This section does not apply to employment contracts. | 829 |
| (H) As used in this section: | 830 |
| (1) "State agency" has the same meaning as in section 9.66 of | 831 |
| the Revised Code. | 832 |
| (2) "Political subdivision" means a political subdivision as | 833 |
| defined in section 9.82 of the Revised Code that has received more | 834 |
| than fifty thousand dollars of state money in the current fiscal | 835 |
| year or the preceding fiscal year. | 836 |
| (3) "Finding for recovery" means a determination issued by | 837 |
| the auditor of state, contained in a report the auditor of state | 838 |
| gives to the attorney general pursuant to section 117.28 of the | 839 |
| Revised Code, that public money has been illegally expended, | 840 |
| public money has been collected but not been accounted for, public | 841 |
| money is due but has not been collected, or public property has | 842 |
| been converted or misappropriated. | 843 |
| (4) "Debtor" means a person against whom a finding for | 844 |
| recovery has been issued. | 845 |
| (5) "Person" means the person named in the finding for | 846 |
| recovery. | 847 |
| (6) "State money" does not include funds the state receives | 848 |
| from another source and passes through to a political subdivision. | 849 |
| Sec. 9.833. (A) As used in this section, "political | 850 |
| subdivision" means a municipal corporation, township, county, | 851 |
| 852 | |
| for governmental activities in a geographic area smaller than that | 853 |
| of the state, and agencies and instrumentalities of these | 854 |
| entities. For purposes of this section, a school district is not a | 855 |
| "political subdivision." | 856 |
| (B) Political subdivisions that provide health care benefits | 857 |
| for their officers or employees may do any of the following: | 858 |
| (1) Establish and maintain an individual self-insurance | 859 |
| program with public moneys to provide authorized health care | 860 |
| benefits, including but not limited to, health care, prescription | 861 |
| drugs, dental care, and vision care, in accordance with division | 862 |
| (C) of this section; | 863 |
| (2) After establishing an individual self-insurance program, | 864 |
| agree with other political subdivisions that have established | 865 |
| individual self-insurance programs for health care benefits, that | 866 |
| their programs will be jointly administered in a manner specified | 867 |
| in the agreement; | 868 |
| (3) Pursuant to a written agreement and in accordance with | 869 |
| division (C) of this section, join in any combination with other | 870 |
| political subdivisions to establish and maintain a joint | 871 |
| self-insurance program to provide health care benefits; | 872 |
| (4) Pursuant to a written agreement, join in any combination | 873 |
| with other political subdivisions to procure or contract for | 874 |
| policies, contracts, or plans of insurance to provide health care | 875 |
| benefits for their officers and employees subject to the | 876 |
| agreement; | 877 |
| (5) Use in any combination any of the policies, contracts, | 878 |
| plans, or programs authorized under this division. | 879 |
| (C) Except as otherwise provided in division (E) of this | 880 |
| section, the following apply to individual or joint self-insurance | 881 |
| programs established pursuant to this section: | 882 |
| (1) Such funds shall be reserved as are necessary, in the | 883 |
| exercise of sound and prudent actuarial judgment, to cover | 884 |
| potential cost of health care benefits for the officers and | 885 |
| employees of the political subdivision. A report of amounts so | 886 |
| reserved and disbursements made from such funds, together with a | 887 |
| written report of a member of the American academy of actuaries | 888 |
| certifying whether the amounts reserved conform to the | 889 |
| requirements of this division, are computed in accordance with | 890 |
| accepted loss reserving standards, and are fairly stated in | 891 |
| accordance with sound loss reserving principles, shall be prepared | 892 |
| and maintained, within ninety days after the last day of the | 893 |
| fiscal year of the entity for which the report is provided for | 894 |
| that fiscal year, in the office of the program administrator | 895 |
| described in division (C)(3) of this section. | 896 |
| The report required by division (C)(1) of this section shall | 897 |
| include, but not be limited to, disbursements made for the | 898 |
| administration of the program, including claims paid, costs of the | 899 |
| legal representation of political subdivisions and employees, and | 900 |
| fees paid to consultants. | 901 |
| The program administrator described in division (C)(3) of | 902 |
| this section shall make the report required by this division | 903 |
| available for inspection by any person at all reasonable times | 904 |
| during regular business hours, and, upon the request of such | 905 |
| person, shall make copies of the report available at cost within a | 906 |
| reasonable period of time. | 907 |
| (2) Each political subdivision shall reserve funds necessary | 908 |
| for an individual or joint self-insurance program in a special | 909 |
| fund that may be established for political subdivisions other than | 910 |
| an agency or instrumentality pursuant to an ordinance or | 911 |
| resolution of the political subdivision and not subject to section | 912 |
| 5705.12 of the Revised Code. An agency or instrumentality shall | 913 |
| reserve the funds necessary for an individual or joint | 914 |
| self-insurance program in a special fund established pursuant to a | 915 |
| resolution duly adopted by the agency's or instrumentality's | 916 |
| governing board. The political subdivision may allocate the costs | 917 |
| of insurance or any self-insurance program, or both, among the | 918 |
| funds or accounts | 919 |
| this division on the basis of relative exposure and loss | 920 |
| experience. | 921 |
| (3) A contract may be awarded, without the necessity of | 922 |
| competitive bidding, to any person, political subdivision, | 923 |
| nonprofit corporation organized under Chapter 1702. of the Revised | 924 |
| Code, or regional council of governments created under Chapter | 925 |
| 167. of the Revised Code for purposes of administration of an | 926 |
| individual or joint self-insurance program. No such contract shall | 927 |
| be entered into without full, prior, public disclosure of all | 928 |
| terms and conditions. The disclosure shall include, at a minimum, | 929 |
| a statement listing all representations made in connection with | 930 |
| any possible savings and losses resulting from the contract, and | 931 |
| potential liability of any political subdivision or employee. The | 932 |
| proposed contract and statement shall be disclosed and presented | 933 |
| at a meeting of the political subdivision not less than one week | 934 |
| prior to the meeting at which the political subdivision authorizes | 935 |
| the contract. | 936 |
| A contract awarded to a nonprofit corporation or a regional | 937 |
| council of governments under this division may provide that all | 938 |
| employees of the nonprofit corporation or regional council of | 939 |
| governments and the employees of all entities related to the | 940 |
| nonprofit corporation or regional council of governments may be | 941 |
| covered by the individual or joint self-insurance program under | 942 |
| the terms and conditions set forth in the contract. | 943 |
| (4) The individual or joint self-insurance program shall | 944 |
| include a contract with a member of the American academy of | 945 |
| actuaries for the preparation of the written evaluation of the | 946 |
| reserve funds required under division (C)(1) of this section. | 947 |
| (5) A joint self-insurance program may allocate the costs of | 948 |
| funding the program among the funds or accounts | 949 |
| 950 | |
| subdivisions on the basis of their relative exposure and loss | 951 |
| experience. | 952 |
| (6) An individual self-insurance program may allocate the | 953 |
| costs of funding
the
program among the funds or accounts | 954 |
| 955 | |
| subdivision that established the program. | 956 |
| (7) Two or more political subdivisions may also authorize the | 957 |
| establishment and maintenance of a joint health care cost | 958 |
| containment program, including, but not limited to, the employment | 959 |
| of risk managers, health care cost containment specialists, and | 960 |
| consultants, for the purpose of preventing and reducing health | 961 |
| care costs covered by insurance, individual self-insurance, or | 962 |
| joint self-insurance programs. | 963 |
| (8) A political subdivision is not liable under a joint | 964 |
| self-insurance program for any amount in excess of amounts payable | 965 |
| pursuant to the written agreement for the participation of the | 966 |
| political subdivision in the joint self-insurance program. Under a | 967 |
| joint self-insurance program agreement, a political subdivision | 968 |
| may, to the extent permitted under the written agreement, assume | 969 |
| the risks of any other political subdivision. A joint | 970 |
| self-insurance program established under this section is deemed a | 971 |
| separate legal entity for the public purpose of enabling the | 972 |
| members of the joint self-insurance program to obtain insurance or | 973 |
| to provide for a formalized, jointly administered self-insurance | 974 |
| fund for its members. An entity created pursuant to this section | 975 |
| is exempt from all state and local taxes. | 976 |
| (9) Any political subdivision, other than an agency or | 977 |
| instrumentality, may issue general obligation bonds, or special | 978 |
| obligation bonds that are not payable from real or personal | 979 |
| property taxes, and may also issue notes in anticipation of such | 980 |
| bonds, pursuant to an ordinance or resolution of its legislative | 981 |
| authority or other governing body for the purpose of providing | 982 |
| funds to pay expenses associated with the settlement of claims, | 983 |
| whether by way of a reserve or otherwise, and to pay the political | 984 |
| subdivision's portion of the cost of establishing and maintaining | 985 |
| an individual or joint self-insurance program or to provide for | 986 |
| the reserve in the special fund authorized by division (C)(2) of | 987 |
| this section. | 988 |
| In its ordinance or resolution authorizing bonds or notes | 989 |
| under this section, a political subdivision may elect to issue | 990 |
| such bonds or notes under the procedures set forth in Chapter 133. | 991 |
| of the Revised Code. In the event of such an election, | 992 |
| notwithstanding Chapter 133. of the Revised Code, the maturity of | 993 |
| the bonds may be for any period authorized in the ordinance or | 994 |
| resolution not exceeding twenty years, which period shall be the | 995 |
| maximum maturity of the bonds for purposes of section 133.22 of | 996 |
| the Revised Code. | 997 |
| Bonds and notes issued under this section shall not be | 998 |
| considered in calculating the net indebtedness of the political | 999 |
| subdivision under sections 133.04, 133.05, 133.06, and 133.07 of | 1000 |
| the Revised Code. Sections 9.98 to 9.983 of the Revised Code are | 1001 |
| hereby made applicable to bonds or notes authorized under this | 1002 |
| section. | 1003 |
| (10) A joint self-insurance program is not an insurance | 1004 |
| company. Its operation does not constitute doing an insurance | 1005 |
| business and is not subject to the insurance laws of this state. | 1006 |
| (D) A political subdivision may procure group life insurance | 1007 |
| for its employees in conjunction with an individual or joint | 1008 |
| self-insurance program authorized by this section, provided that | 1009 |
| the policy of group life insurance is not self-insured. | 1010 |
| (E) Divisions (C)(1), (2), and (4) of this section do not | 1011 |
| apply to individual self-insurance programs in municipal | 1012 |
| corporations, townships, or counties. | 1013 |
| (F) A public official or employee of a political subdivision | 1014 |
| who is or becomes a member of the governing body of the program | 1015 |
| administrator of a joint self-insurance program in which the | 1016 |
| political subdivision participates is not in violation of division | 1017 |
| (D) or (E) of section 102.03, division (C) of section 102.04, or | 1018 |
| section 2921.42 of the Revised Code as a result of either of the | 1019 |
| following: | 1020 |
| (1) The political subdivision's entering under this section | 1021 |
| into the written agreement to participate in the joint | 1022 |
| self-insurance program; | 1023 |
| (2) The political subdivision's entering under this section | 1024 |
| into any other contract with the joint self-insurance program. | 1025 |
| Sec. 9.90. (A) The governing board of any public institution | 1026 |
| of higher education, including without limitation state | 1027 |
| universities and colleges, community college districts, university | 1028 |
| branch districts, technical college districts, and municipal | 1029 |
| universities, | 1030 |
| may, in addition to all other powers provided in the Revised Code: | 1031 |
| (1) Contract for, purchase, or otherwise procure from an | 1032 |
| insurer or insurers licensed to do business by the state of Ohio | 1033 |
| for or on behalf of such of its employees as it may determine, | 1034 |
| life insurance, or sickness, accident, annuity, endowment, health, | 1035 |
| medical, hospital, dental, or surgical coverage and benefits, or | 1036 |
| any combination thereof, by means of insurance plans or other | 1037 |
| types of coverage, family, group or otherwise, and may pay from | 1038 |
| funds under its control and available for such purpose all or any | 1039 |
| portion of the cost, premium, or charge for such insurance, | 1040 |
| coverage, or benefits. However, the governing board, in addition | 1041 |
| to or as an alternative to the authority otherwise granted by | 1042 |
| division (A)(1) of this section, may elect to procure coverage for | 1043 |
| health care services, for or on behalf of such of its employees as | 1044 |
| it may determine, by means of policies, contracts, certificates, | 1045 |
| or agreements issued by at least two health insuring corporations | 1046 |
| holding a certificate of authority under Chapter 1751. of the | 1047 |
| Revised Code and may pay from funds under the governing board's | 1048 |
| control and available for such purpose all or any portion of the | 1049 |
| cost of such coverage. | 1050 |
| (2) Make payments to a custodial account for investment in | 1051 |
| regulated investment company stock for the purpose of providing | 1052 |
| retirement benefits as described in section 403(b)(7) of the | 1053 |
| Internal Revenue Code of 1954, as amended. Such stock shall be | 1054 |
| purchased only from persons authorized to sell such stock in this | 1055 |
| state. | 1056 |
| Any income of an employee deferred under divisions (A)(1) and | 1057 |
| (2) of this section in a deferred compensation program eligible | 1058 |
| for favorable tax treatment under the Internal Revenue Code of | 1059 |
| 1954, as amended, shall continue to be included as regular | 1060 |
| compensation for the purpose of computing the contributions to and | 1061 |
| benefits from the retirement system of such employee. Any sum so | 1062 |
| deferred shall not be included in the computation of any federal | 1063 |
| and state income taxes withheld on behalf of any such employee. | 1064 |
| (B) All or any portion of the cost, premium, or charge | 1065 |
| therefor may be paid in such other manner or combination of | 1066 |
|
manners as the governing board | 1067 |
| including direct payment by the employee in cases under division | 1068 |
| (A)(1) of this section, and, if authorized in writing by the | 1069 |
| employee in cases under division (A)(1) or (2) of this section, by | 1070 |
| such governing board | 1071 |
| deduction from or reduction in salary or wages or by the foregoing | 1072 |
| of a salary or wage increase. Division (B)(7) of section 3917.01 | 1073 |
| and the last paragraph of section 3917.06 of the Revised Code | 1074 |
| shall not prohibit the issuance or purchase of group life | 1075 |
| insurance authorized by this section by reason of payment of | 1076 |
|
premiums therefor by the governing board | 1077 |
| its funds, and such group life insurance may be so issued and | 1078 |
| purchased if otherwise consistent with the provisions of sections | 1079 |
| 3917.01 to 3917.07 of the Revised Code. | 1080 |
| (C) The board of education of any school district may | 1081 |
| exercise any of the powers granted to the governing boards of | 1082 |
| public institutions of higher education under divisions (A) and | 1083 |
| (B) of this section, except in relation to the provision of life | 1084 |
| and health care benefits to employees. All life and health care | 1085 |
| benefits provided to persons employed by the public schools of | 1086 |
| this state shall be from life and medical plans designed by the | 1087 |
| school employees health care board pursuant to section 9.901 of | 1088 |
| the Revised Code. | 1089 |
| Sec. 9.901. (A) All life and health care benefits provided | 1090 |
| to persons employed by the public schools of this state shall be | 1091 |
| provided by life and medical plans designed pursuant to this | 1092 |
| section by the school employees health care board. The board, in | 1093 |
| consultation with the superintendent of insurance, shall negotiate | 1094 |
| with and, in accordance with the competitive selection procedures | 1095 |
| of Chapter 125. of the Revised Code, contract with one or more | 1096 |
| insurance companies authorized to do business in this state for | 1097 |
| the issuance of the plans so designed. As used in this section, a | 1098 |
| "public school" means a school in a city, local, exempted village, | 1099 |
| or joint vocational school district, and includes the educational | 1100 |
| service centers associated with those schools. | 1101 |
| (B) The school employees health care board is hereby created. | 1102 |
| The school employees health care board shall consist of the | 1103 |
| following nine members and shall include individuals with | 1104 |
| experience with public school benefit programs, health care | 1105 |
| industry providers, and medical plan beneficiaries: | 1106 |
| (1) Three members appointed by the governor; | 1107 |
| (2) Three members appointed by the president of the senate; | 1108 |
| (3) Three members appointed by the speaker of the house of | 1109 |
| representatives. | 1110 |
| A member of the school employees health care board shall not | 1111 |
| be employed by, represent, or in any way be affiliated with a | 1112 |
| private entity that is providing services to the board, employers, | 1113 |
| or employees. | 1114 |
| (C)(1) Members of the school employees health care board | 1115 |
| shall serve four-year terms; however, one of each of the initial | 1116 |
| members appointed under divisions (B)(1) to (3) of this section | 1117 |
| shall be appointed to a term of one year. The initial appointments | 1118 |
| under this section shall be made within forty-five days after the | 1119 |
| effective date of this section. | 1120 |
| Members' terms shall end on the same day of the same month as | 1121 |
| the effective date of this section, but a member shall continue to | 1122 |
| serve subsequent to the expiration of the member's term until a | 1123 |
| successor is appointed. Any vacancy occurring during a member's | 1124 |
| term shall be filled in the same manner as the original | 1125 |
| appointment, except that the person appointed to fill the vacancy | 1126 |
| shall be appointed to the remainder of the unexpired term. | 1127 |
| (2) Members shall serve without compensation but shall be | 1128 |
| reimbursed from the school employees health care fund for actual | 1129 |
| and necessary expenses incurred in the performance of their | 1130 |
| official duties as members of the board. | 1131 |
| (3) Members may be removed by their appointing authority for | 1132 |
| misfeasance, malfeasance, incompetence, dereliction of duty, or | 1133 |
| other just cause. | 1134 |
| (D)(1) The governor shall call the first meeting of the | 1135 |
| school employees health care board. At that meeting, and annually | 1136 |
| thereafter, the board shall elect a chairperson and may elect | 1137 |
| members to other positions on the board as the board considers | 1138 |
| necessary or appropriate. The board shall meet at least four times | 1139 |
| each calendar year and shall also meet at the call of the | 1140 |
| chairperson or three or more board members. The chairperson shall | 1141 |
| provide reasonable advance notice of the time and place of board | 1142 |
| meetings to all members. | 1143 |
| (2) A majority of the board constitutes a quorum for the | 1144 |
| transaction of business at a board meeting. A majority vote of the | 1145 |
| members present is necessary for official action. | 1146 |
| (E) The school employees health care board shall conduct its | 1147 |
| business at open meetings; however, the records of the board are | 1148 |
| not public records for purposes of section 149.43 of the Revised | 1149 |
| Code. | 1150 |
| (F) The school employees health care fund is hereby created | 1151 |
| in the state treasury. The public schools shall pay all school | 1152 |
| employees health care board plan premiums in the manner prescribed | 1153 |
| by the school employees health care board to the board for deposit | 1154 |
| into the school employees health care fund. All funds in the | 1155 |
| school employees health care fund shall be used solely for the | 1156 |
| provision of life and health care benefits to public schools | 1157 |
| employees pursuant to this section and related administrative | 1158 |
| costs. | 1159 |
| (G) The school employees health care board shall do all of | 1160 |
| the following: | 1161 |
| (1) Design multiple life and medical plans to provide, in the | 1162 |
| board's judgment, the optimal combination of coverage, cost, | 1163 |
| choice, and stability; | 1164 |
| (2) Include both state and regional preferred provider plans | 1165 |
| in the medical plans designed by the board; | 1166 |
| (3) Set an aggregate goal for employee and employer portions | 1167 |
| of premiums for the board's life and medical plans so as to manage | 1168 |
| plan participation and encourage the use of value-based plan | 1169 |
| participation by employees; | 1170 |
| (4) Set employee plan copayments, deductibles, exclusions, | 1171 |
| limitations, formularies, and other responsibilities; | 1172 |
| (5) Create and distribute to the governor, the speaker of the | 1173 |
| house of representatives, and the president of the senate, an | 1174 |
| annual report covering the plan background; plan coverage options; | 1175 |
| plan administration, including procedures for monitoring and | 1176 |
| managing objectives, scope, and methodology; plan operations; | 1177 |
| employee and employer contribution rates and the relationship | 1178 |
| between the rates and the school employees health care fund | 1179 |
| balance; a means to develop and maintain identity and evaluate | 1180 |
| alternative employee and employer cost-sharing strategies; an | 1181 |
| evaluation of the effectiveness of cost-saving services and | 1182 |
| programs; an evaluation of efforts to control and manage member | 1183 |
| eligibility and to insure that proper employee and employer | 1184 |
| contributions are remitted to the trust fund; efforts to prevent | 1185 |
| and detect fraud; and efforts to manage and monitor board | 1186 |
| contracts; | 1187 |
| (6) Utilize cost containment measures aligned with patient, | 1188 |
| plan, and provider management strategies in developing and | 1189 |
| managing life and medical plans. | 1190 |
| (H) The sections in Chapter 3923. of the Revised Code | 1191 |
| regulating public employee benefit plans are not applicable to the | 1192 |
| medical plans designed pursuant to this section. | 1193 |
| (I)(1) Public schools are not subject to this section prior | 1194 |
| to the release of life and medical plans designed pursuant to this | 1195 |
| section. The school employees health care board shall release its | 1196 |
| initial life and medical plans not later than March 15, 2006. | 1197 |
| (2) Districts offering employee health care benefits through | 1198 |
| a plan offered by a consortium of two or more districts | 1199 |
| representing five thousand or more employees as of January 1, | 1200 |
| 2005, may request permission from the school employees health care | 1201 |
| board to continue offering consortium plans to the districts' | 1202 |
| employees at the discretion of the board. If the board grants | 1203 |
| permission, the permission is valid for only one year but may be | 1204 |
| renewed annually thereafter upon application to an approval of the | 1205 |
| board. The board shall grant initial or continued approval upon | 1206 |
| finding, based on an actuarial evaluation of the existing | 1207 |
| consortium plan offerings, that benefit design, premium costs, | 1208 |
| administrative cost, and other factors considered by the board are | 1209 |
| equivalent to or lower than comparable costs of the board's plan | 1210 |
| options offered to the local district. Age and gender adjustments, | 1211 |
| benefit comparison adjustments, and the total cost of the | 1212 |
| consortium plan, including administration, benefit cost, stop-loss | 1213 |
| insurance, and all other expenses or information requested by the | 1214 |
| board shall be presented to the board prior to the board's | 1215 |
| decision to allow a local district to continue to offer health | 1216 |
| care benefits under a consortium plan. A district shall not | 1217 |
| participate in the consortium plan once the district has chosen to | 1218 |
| offer plans designed by the board to the district's employees and | 1219 |
| begins premium payments for deposit into the school employees | 1220 |
| health care fund. | 1221 |
| (J) The school employees health care board may contract with | 1222 |
| other state agencies as the board deems necessary for the | 1223 |
| implementation and operation of this section, based on | 1224 |
| demonstrated experience and expertise in administration, | 1225 |
| management, data handling, actuarial studies, quality assurance, | 1226 |
| or other needed services. The school employees health care board | 1227 |
| shall contract with the department of administrative services for | 1228 |
| central services until the board is able to obtain such services | 1229 |
| from other sources. The board shall reimburse the department of | 1230 |
| administrative services for the reasonable cost of those services. | 1231 |
| The board's administrative functions shall include, but are not | 1232 |
| limited to, the following: | 1233 |
| (1) Maintaining reserves in the school employees health care | 1234 |
| fund, reinsurance, and other measures that in the judgment of the | 1235 |
| board will result in the long-term stability and solvency of the | 1236 |
| life and medical plans designed by the board; | 1237 |
| (2) Providing health care information, wellness programs, and | 1238 |
| other preventive health care measures to medical plan | 1239 |
| beneficiaries, to the extent that the board determines to be | 1240 |
| appropriate; | 1241 |
| (3) Coordinating contracts for services related to the | 1242 |
| board's life and medical plans. Contracts shall be approved by the | 1243 |
| school employees health care board. | 1244 |
| (K) Not less than ninety days before coverage begins for | 1245 |
| public school employees under life and medical plans designed by | 1246 |
| the school employees health care board, a school district's board | 1247 |
| of education shall provide detailed information about the life and | 1248 |
| medical plans to the employees. | 1249 |
| (L) The Ohio board of regents shall report to the governor, | 1250 |
| the speaker of the house of representatives, and the president of | 1251 |
| the senate within eighteen months after the effective date of this | 1252 |
| section on the feasibility of achieving all of the following: | 1253 |
| (1) Designing multiple life and medical plans to cover | 1254 |
| persons employed by public institutions of higher education that | 1255 |
| achieve an optimal combination of coverage, cost, choice, and | 1256 |
| stability, which plans include both state and regional preferred | 1257 |
| provider plans, set employee and employer premiums, and set | 1258 |
| employee plan copayments, deductibles, exclusions, limitations, | 1259 |
| formularies, and other responsibilities. For this purpose, "public | 1260 |
| institutions of higher education" include, without limitation, | 1261 |
| state universities and colleges, state community college | 1262 |
| districts, community college districts, university branch | 1263 |
| districts, technical college districts, and municipal | 1264 |
| universities. | 1265 |
| (2) Maintaining reserves, reinsurance, and other measures to | 1266 |
| insure the long-term stability and solvency of the life and | 1267 |
| medical plans; | 1268 |
| (3) Providing appropriate health care information, wellness | 1269 |
| programs, and other preventive health care measures to medical | 1270 |
| plan beneficiaries; | 1271 |
| (4) Coordinating contracts for services related to the life | 1272 |
| and medical plans. | 1273 |
| Sec. 101.68. (A) | 1274 |
| section, within thirty days of the convening of the first regular | 1275 |
| session of the general assembly, each agency required to submit | 1276 |
| reports or similar documents to the general assembly pursuant to | 1277 |
| section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of | 1278 |
| the Revised Code shall send written notice to each member of the | 1279 |
| general assembly in order to determine whether the member desires | 1280 |
| to personally receive the reports or similar documents as they are | 1281 |
| made available by the agency. If the member desires to personally | 1282 |
| receive the reports or similar documents as they become available, | 1283 |
| the member shall send a written request to the agency within | 1284 |
| thirty days of receiving the notice. | 1285 |
| (B) Whenever any statute or rule requires that a report, | 1286 |
| recommendation, or other similar document be submitted to the | 1287 |
| general assembly under a law not cited in division (A) of this | 1288 |
| section, to the members of the general assembly, to one house of | 1289 |
| the general assembly, or to the members of one house of the | 1290 |
| general assembly, the requirement shall be fulfilled by the | 1291 |
| submission of a copy of the report, recommendation, or document to | 1292 |
| the director of the legislative service commission, the president | 1293 |
| of the senate, the minority leader of the senate, the speaker of | 1294 |
| the house of representatives, and the minority leader of the house | 1295 |
| of representatives if both houses of the general assembly or their | 1296 |
| members are specified, or to the director of the legislative | 1297 |
| service commission, the president of the senate, and the minority | 1298 |
| leader of the senate if only the senate or its members are | 1299 |
| specified, or to the director of the legislative service | 1300 |
| commission, the speaker of the house of representatives, and the | 1301 |
| minority leader of the house of representatives if only the house | 1302 |
| of representatives or its members are specified. This division | 1303 |
| does not apply to items required to be distributed to members of | 1304 |
| the general assembly pursuant to section 103.14, 149.04, 149.07, | 1305 |
| or 149.17 of the Revised Code. | 1306 |
| (C) Each month the legislative service commission shall | 1307 |
| provide to each member of the senate and to each member of the | 1308 |
| house of representatives a list of all reports, recommendations, | 1309 |
| and documents submitted to the officers of the general assembly | 1310 |
| under division (B) of this section. The list shall include a short | 1311 |
| and accurate description of the content, length, and form of each | 1312 |
| report, recommendation, or document submitted, as well as a | 1313 |
| statement setting forth the number printed, if applicable, and the | 1314 |
| cost of preparation. Each member may request from the legislative | 1315 |
| service commission a copy of any report, recommendation, or | 1316 |
| document on the list, and the legislative service commission shall | 1317 |
| comply with any such request. | 1318 |
| (D) Notwithstanding any provision of the Revised Code to the | 1319 |
| contrary, whenever any statute or rule requires that an agency | 1320 |
| submit a report, recommendation, or other similar document to the | 1321 |
| general assembly or otherwise as described in division (B) of this | 1322 |
| section in a paper, book, or other hard copy format, the report, | 1323 |
| recommendation, or other document, to the extent technologically | 1324 |
| feasible, shall be submitted to the general assembly or otherwise | 1325 |
| as described in division (B) of this section through electronic | 1326 |
| means, rather than in the hard copy format, and shall be displayed | 1327 |
| by the agency on a web site it maintains. | 1328 |
| Sec. 102.01. As used in this chapter: | 1329 |
| (A) "Compensation" means money, thing of value, or financial | 1330 |
| benefit. "Compensation" does not include reimbursement for actual | 1331 |
| and necessary expenses incurred in the performance of official | 1332 |
| duties. | 1333 |
| (B) "Public official or employee" means any person who is | 1334 |
| elected or appointed to an office or is an employee of any public | 1335 |
| agency. "Public official or employee" does not include a person | 1336 |
| elected or appointed to the office of precinct, ward, or district | 1337 |
| committee member under section 3517.03 of the Revised Code, any | 1338 |
| presidential elector, or any delegate to a national convention. | 1339 |
| "Public official or employee" does not include a person who is a | 1340 |
| teacher, instructor, professor, or other kind of educator whose | 1341 |
| position does not involve the performance of, or authority to | 1342 |
| perform, administrative or supervisory functions. | 1343 |
| (C) "Public agency" means the general assembly, all courts, | 1344 |
| any department, division, institution, board, commission, | 1345 |
|
authority, bureau, or other instrumentality of the state | 1346 |
| county, city, village, or township, the five state retirement | 1347 |
| systems, or any other governmental entity. "Public agency" does | 1348 |
| not include a department, division, institution, board, | 1349 |
| commission, authority, or other instrumentality of the state or a | 1350 |
| county, municipal corporation, township, or other governmental | 1351 |
| entity that functions exclusively for cultural, educational, | 1352 |
| historical, humanitarian, advisory, or research purposes; that | 1353 |
| does not expend more than ten thousand dollars per calendar year, | 1354 |
| excluding salaries and wages of employees; and whose members are | 1355 |
| uncompensated. | 1356 |
| (D) "Immediate family" means a spouse residing in the | 1357 |
| person's household and any dependent child. | 1358 |
| (E) "Income" includes gross income as defined and used in the | 1359 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 1360 |
| amended, interest and dividends on obligations or securities of | 1361 |
| any state or of any political subdivision or authority of any | 1362 |
| state or political subdivision, and interest or dividends on | 1363 |
| obligations of any authority, commission, or instrumentality of | 1364 |
| the United States. | 1365 |
| (F) Except as otherwise provided in division (A) of section | 1366 |
| 102.08 of the Revised Code, "appropriate ethics commission" means: | 1367 |
| (1) For matters relating to members of the general assembly, | 1368 |
| employees of the general assembly, employees of the legislative | 1369 |
| service commission, employees of the capitol square review and | 1370 |
| advisory board, and candidates for the office of member of the | 1371 |
| general assembly, the joint legislative ethics committee; | 1372 |
| (2) For matters relating to judicial officers and employees, | 1373 |
| and candidates for judicial office, the board of commissioners on | 1374 |
| grievances and discipline of the supreme court; | 1375 |
| (3) For matters relating to all other persons, the Ohio | 1376 |
| ethics commission. | 1377 |
| (G) "Anything of value" has the same meaning as provided in | 1378 |
| section 1.03 of the Revised Code and includes, but is not limited | 1379 |
| to, a contribution as defined in section 3517.01 of the Revised | 1380 |
| Code. | 1381 |
| (H) "Honorarium" means any payment made in consideration for | 1382 |
| any speech given, article published, or attendance at any public | 1383 |
| or private conference, convention, meeting, social event, meal, or | 1384 |
| similar gathering. "Honorarium" does not include ceremonial gifts | 1385 |
| or awards that have insignificant monetary value; unsolicited | 1386 |
| gifts of nominal value or trivial items of informational value; or | 1387 |
| earned income from any person, other than a legislative agent, for | 1388 |
| personal services that are customarily provided in connection with | 1389 |
| the practice of a bona fide business, if that business initially | 1390 |
| began before the public official or employee conducting that | 1391 |
| business was elected or appointed to the public official's or | 1392 |
| employee's office or position of employment. | 1393 |
| (I) "Employer" means any person who, directly or indirectly, | 1394 |
| engages an executive agency lobbyist or legislative agent. | 1395 |
| (J) "Executive agency decision," "executive agency lobbyist," | 1396 |
| and "executive agency lobbying activity" have the same meanings as | 1397 |
| in section 121.60 of the Revised Code. | 1398 |
| (K) "Legislation," "legislative agent," "financial | 1399 |
| transaction," and "actively advocate" have the same meanings as in | 1400 |
| section 101.70 of the Revised Code. | 1401 |
| (L) "Expenditure" has the same meaning as in section 101.70 | 1402 |
| of the Revised Code when used in relation to activities of a | 1403 |
| legislative agent, and the same meaning as in section 121.60 of | 1404 |
| the Revised Code when used in relation to activities of an | 1405 |
| executive agency lobbyist. | 1406 |
| Sec. 105.41. (A) There is hereby created the capitol square | 1407 |
| review and advisory board, consisting of thirteen members as | 1408 |
| follows: | 1409 |
| (1) Two members of the senate, appointed by the president of | 1410 |
| the senate, both of whom shall not be members of the same | 1411 |
| political party; | 1412 |
| (2) Two members of the house of representatives, appointed by | 1413 |
| the speaker of the house of representatives, both of whom shall | 1414 |
| not be members of the same political party; | 1415 |
| (3) Five members appointed by the governor, with the advice | 1416 |
| and consent of the senate, not more than three of whom shall be | 1417 |
| members of the same political party, one of whom shall represent | 1418 |
| the office of the state architect and engineer, one of whom shall | 1419 |
| represent the Ohio arts council, one of whom shall represent the | 1420 |
| Ohio historical society, one of whom shall represent the Ohio | 1421 |
| building authority, and one of whom shall represent the public at | 1422 |
| large; | 1423 |
| (4) One member, who shall be a former president of the | 1424 |
| senate, appointed by the current president of the senate. If the | 1425 |
| current president of the senate, in the current president's | 1426 |
| discretion, decides for any reason not to make the appointment or | 1427 |
| if no person is eligible or available to serve, the seat shall | 1428 |
| remain vacant. | 1429 |
| (5) One member, who shall be a former speaker of the house of | 1430 |
| representatives, appointed by the current speaker of the house of | 1431 |
| representatives. If the current speaker of the house of | 1432 |
| representatives, in the current speaker's discretion, decides for | 1433 |
| any reason not to make the appointment or if no person is eligible | 1434 |
| or available to serve, the seat shall remain vacant. | 1435 |
| (6) The clerk of the senate and the clerk of the house of | 1436 |
| representatives. | 1437 |
| (B) Terms of office of each appointed member of the board | 1438 |
| shall be for three years, except that members of the general | 1439 |
| assembly appointed to the board shall be members of the board only | 1440 |
| so long as they are members of the general assembly. Each member | 1441 |
| shall hold office from the date of the member's appointment until | 1442 |
| the end of the term for which the member was appointed. In case of | 1443 |
| a vacancy occurring on the board, the president of the senate, the | 1444 |
| speaker of the house of representatives, or the governor, as the | 1445 |
| case may be, shall in the same manner prescribed for the regular | 1446 |
| appointment to the commission, fill the vacancy by appointing a | 1447 |
| member. Any member appointed to fill a vacancy occurring prior to | 1448 |
| the expiration of the term for which the member's predecessor was | 1449 |
| appointed shall hold office for the remainder of the term. Any | 1450 |
| appointed member shall continue in office subsequent to the | 1451 |
| expiration date of the member's term until the member's successor | 1452 |
| takes office, or until a period of sixty days has elapsed, | 1453 |
| whichever occurs first. | 1454 |
| (C) The board shall hold meetings in a manner and at times | 1455 |
| prescribed by the rules adopted by the board. A majority of the | 1456 |
| board constitutes a quorum, and no action shall be taken by the | 1457 |
| board unless approved by at least six members or by at least seven | 1458 |
| members if a person is appointed under division (A)(4) or (5) of | 1459 |
| this section. At its first meeting, the board shall adopt rules | 1460 |
| for the conduct of its business and the election of its officers, | 1461 |
| and shall organize by selecting a chairperson and other officers | 1462 |
| as it considers necessary. Board members shall serve without | 1463 |
| compensation but shall be reimbursed for actual and necessary | 1464 |
| expenses incurred in the performance of their duties. | 1465 |
| (D) The board may do any of the following: | 1466 |
| (1) Employ or hire on a consulting basis professional, | 1467 |
| technical, and clerical employees as are necessary for the | 1468 |
| performance of its duties; | 1469 |
| (2) Hold public hearings at times and places as determined by | 1470 |
| the board; | 1471 |
| (3) Adopt, amend, or rescind rules necessary to accomplish | 1472 |
| the duties of the board as set forth in this section; | 1473 |
| (4) Sponsor, conduct, and support such social events as the | 1474 |
| board may authorize and consider appropriate for the employees of | 1475 |
| the board, employees and members of the general assembly, | 1476 |
| employees of persons under contract with the board or otherwise | 1477 |
| engaged to perform services on the premises of capitol square, or | 1478 |
| other persons as the board may consider appropriate. Subject to | 1479 |
| the requirements of Chapter 4303. of the Revised Code, the board | 1480 |
| may provide beer, wine, and intoxicating liquor, with or without | 1481 |
| charge, for those events and may use funds only from the sale of | 1482 |
| goods and services fund to purchase the beer, wine, and | 1483 |
| intoxicating liquor the board provides. | 1484 |
| (E) The board shall do all of the following: | 1485 |
| (1) Have sole authority to coordinate and approve any | 1486 |
| improvements, additions, and renovations that are made to the | 1487 |
| capitol square. The improvements shall include, but not be limited | 1488 |
| to, the placement of monuments and sculpture on the capitol | 1489 |
| grounds. | 1490 |
| (2) Subject to section 3353.07 of the Revised Code, operate | 1491 |
| the capitol square, and have sole authority to regulate all uses | 1492 |
| of the capitol square. The uses shall include, but not be limited | 1493 |
| to, the casual and recreational use of the capitol square. | 1494 |
| (3) Employ, with the approval of the president of the senate | 1495 |
| and the speaker of the house of representatives, the executive | 1496 |
| director of the board; fix the compensation of and prescribe the | 1497 |
| duties of the executive director; and employ, fix the compensation | 1498 |
| of, and prescribe the
duties of | 1499 |
| 1500 | |
| performance of its powers and duties; | 1501 |
| (4) Establish and maintain the capitol collection trust. The | 1502 |
| capitol collection trust shall consist of furniture, antiques, and | 1503 |
| other items of personal property that the board shall store in | 1504 |
| suitable facilities until they are ready to be placed in the | 1505 |
| capitol square. | 1506 |
| (5) Perform repair, construction, contracting, purchasing, | 1507 |
| maintenance, supervisory, and operating activities the board | 1508 |
| determines are necessary for the operation and maintenance of the | 1509 |
| capitol square; | 1510 |
| (6) Maintain and preserve the capitol square, in accordance | 1511 |
| with guidelines issued by the United States secretary of the | 1512 |
| interior for application of the secretary's standards for | 1513 |
| rehabilitation adopted in 36 C.F.R. part 67. | 1514 |
| (F)(1) The board shall lease capital facilities improved or | 1515 |
| financed by the Ohio building authority pursuant to Chapter 152. | 1516 |
| of the Revised Code for the use of the board, and may enter into | 1517 |
| any other agreements with the authority ancillary to improvement, | 1518 |
| financing, or leasing of those capital facilities, including, but | 1519 |
| not limited to, any agreement required by the applicable bond | 1520 |
| proceedings authorized by Chapter 152. of the Revised Code. Any | 1521 |
| lease of capital facilities authorized by this section shall be | 1522 |
| governed by division (D) of section 152.24 of the Revised Code. | 1523 |
| (2) Fees, receipts, and revenues received by the board from | 1524 |
| the state underground parking garage constitute available receipts | 1525 |
| as defined in section 152.09 of the Revised Code, and may be | 1526 |
| pledged to the payment of bond service charges on obligations | 1527 |
| issued by the Ohio building authority pursuant to Chapter 152. of | 1528 |
| the Revised Code to improve or finance capital facilities useful | 1529 |
| to the board. The authority may, with the consent of the board, | 1530 |
| provide in the bond proceedings for a pledge of all or a portion | 1531 |
| of those fees, receipts, and revenues as the authority determines. | 1532 |
| The authority may provide in the bond proceedings or by separate | 1533 |
| agreement with the board for the transfer of those fees, receipts, | 1534 |
| and revenues to the appropriate bond service fund or bond service | 1535 |
| reserve fund as required to pay the bond service charges when due, | 1536 |
| and any such provision for the transfer of those fees, receipts, | 1537 |
| and revenues shall be controlling notwithstanding any other | 1538 |
| provision of law pertaining to those fees, receipts, and revenues. | 1539 |
| (3) All moneys received by the treasurer of state on account | 1540 |
| of the board and required by the applicable bond proceedings or by | 1541 |
| separate agreement with the board to be deposited, transferred, or | 1542 |
| credited to the bond service fund or bond service reserve fund | 1543 |
| established by the bond proceedings shall be transferred by the | 1544 |
| treasurer of state to such fund, whether or not it is in the | 1545 |
| custody of the treasurer of state, without necessity for further | 1546 |
| appropriation, upon receipt of notice from the Ohio building | 1547 |
| authority as prescribed in the bond proceedings. | 1548 |
| (G) All fees, receipts, and revenues received by the board | 1549 |
| from the state underground parking garage shall be deposited into | 1550 |
| the state treasury to the credit of the underground parking garage | 1551 |
| operating fund, which is hereby created, to be used for the | 1552 |
| purposes specified in division (F) of this section and for the | 1553 |
| operation and maintenance of the garage. All investment earnings | 1554 |
| of the fund shall be credited to the fund. | 1555 |
| (H) All donations received by the board shall be deposited | 1556 |
| into the state treasury to the credit of the capitol square | 1557 |
| renovation gift fund, which is hereby created. The fund shall be | 1558 |
| used by the board as follows: | 1559 |
| (1) To provide part or all of the funding related to | 1560 |
| construction, goods, or services for the renovation of the capitol | 1561 |
| square; | 1562 |
| (2) To purchase art, antiques, and artifacts for display at | 1563 |
| the capitol square; | 1564 |
| (3) To award contracts or make grants to organizations for | 1565 |
| educating the public regarding the historical background and | 1566 |
| governmental functions of the capitol square. Chapters 125., 127., | 1567 |
| and 153. and section 3517.13 of the Revised Code do not apply to | 1568 |
| purchases made exclusively from the fund, notwithstanding anything | 1569 |
| to the contrary in those chapters or that section. All investment | 1570 |
| earnings of the fund shall be credited to the fund. | 1571 |
| (I) Except as provided in divisions (G), (H), and (J) of this | 1572 |
| section, all fees, receipts, and revenues received by the board | 1573 |
| shall be deposited into the state treasury to the credit of the | 1574 |
| sale of goods and services fund, which is hereby created. Money | 1575 |
| credited to the fund shall be used solely to pay costs of the | 1576 |
| board other than those specified in divisions (F) and (G) of this | 1577 |
| section. All investment earnings of the fund shall be credited to | 1578 |
| the fund. | 1579 |
| (J) There is hereby created in the state treasury the capitol | 1580 |
| square improvement fund, to be used by the board to pay | 1581 |
| construction, renovation, and other costs related to the capitol | 1582 |
| square for which money is not otherwise available to the board. | 1583 |
| Whenever the board determines that there is a need to incur those | 1584 |
| costs and that the unencumbered, unobligated balance to the credit | 1585 |
| of the underground parking garage operating fund exceeds the | 1586 |
| amount needed for the purposes specified in division (F) of this | 1587 |
| section and for the operation and maintenance of the garage, the | 1588 |
| board may request the director of budget and management to | 1589 |
| transfer from the underground parking garage operating fund to the | 1590 |
| capitol square improvement fund the amount needed to pay such | 1591 |
| construction, renovation, or other costs. The director then shall | 1592 |
| transfer the amount needed from the excess balance of the | 1593 |
| underground parking garage operating fund. | 1594 |
| (K) As the operation and maintenance of the capitol square | 1595 |
| constitute essential government functions of a public purpose, the | 1596 |
| board shall not be required to pay taxes or assessments upon the | 1597 |
| square, upon any property acquired or used by the board under this | 1598 |
| section, or upon any income generated by the operation of the | 1599 |
| square. | 1600 |
| (L) As used in this section, "capitol square" means the | 1601 |
| capitol building, senate building, capitol atrium, capitol | 1602 |
| grounds, and the state underground parking garage. | 1603 |
| (M) The capitol annex shall be known as the senate building. | 1604 |
| Sec. 108.05. (A) The lieutenant governor shall be a member | 1605 |
| of the governor's cabinet and shall preside at its meetings in the | 1606 |
| absence of the governor. | 1607 |
| (B) The governor may appoint the lieutenant governor as an | 1608 |
| administrative department head listed in section 121.03 of the | 1609 |
| Revised Code, | 1610 |
| 1611 | |
| governor's representative on any board, agency, committee, or | 1612 |
| commission of which the governor is a member and has the authority | 1613 |
| to appoint a representative, or in an advisory capacity to any | 1614 |
| nonelective board, agency, committee, or commission in the | 1615 |
| executive department or may give the lieutenant governor any | 1616 |
| special assignment as the governor considers in the interest of | 1617 |
| the state. | 1618 |
| (C) When carrying out any of the functions described in | 1619 |
| division (B) of this section, the lieutenant governor shall be | 1620 |
| reimbursed from funds of the particular authority for necessary | 1621 |
| expenses incurred in the conduct of authority business. | 1622 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 1623 |
| criminal identification and investigation shall procure from | 1624 |
| wherever procurable and file for record photographs, pictures, | 1625 |
| descriptions, fingerprints, measurements, and other information | 1626 |
| that may be pertinent of all persons who have been convicted of | 1627 |
| committing within this state a felony, any crime constituting a | 1628 |
| misdemeanor on the first offense and a felony on subsequent | 1629 |
| offenses, or any misdemeanor described in division (A)(1)(a) of | 1630 |
| section 109.572 of the Revised Code, of all children under | 1631 |
| eighteen years of age who have been adjudicated delinquent | 1632 |
| children for committing within this state an act that would be a | 1633 |
| felony or an offense of violence if committed by an adult or who | 1634 |
| have been convicted of or pleaded guilty to committing within this | 1635 |
| state a felony or an offense of violence, and of all well-known | 1636 |
| and habitual criminals. The person in charge of any county, | 1637 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 1638 |
| jail or workhouse, community-based correctional facility, halfway | 1639 |
| house, alternative residential facility, or state correctional | 1640 |
| institution and the person in charge of any state institution | 1641 |
| having custody of a person suspected of having committed a felony, | 1642 |
| any crime constituting a misdemeanor on the first offense and a | 1643 |
| felony on subsequent offenses, or any misdemeanor described in | 1644 |
| division (A)(1)(a) of section 109.572 of the Revised Code or | 1645 |
| having custody of a child under eighteen years of age with respect | 1646 |
| to whom there is probable cause to believe that the child may have | 1647 |
| committed an act that would be a felony or an offense of violence | 1648 |
| if committed by an adult shall furnish such material to the | 1649 |
| superintendent of the bureau. Fingerprints, photographs, or other | 1650 |
| descriptive information of a child who is under eighteen years of | 1651 |
| age, has not been arrested or otherwise taken into custody for | 1652 |
| committing an act that would be a felony or an offense of violence | 1653 |
| if committed by an adult, has not been adjudicated a delinquent | 1654 |
| child for committing an act that would be a felony or an offense | 1655 |
| of violence if committed by an adult, has not been convicted of or | 1656 |
| pleaded guilty to committing a felony or an offense of violence, | 1657 |
| and is not a child with respect to whom there is probable cause to | 1658 |
| believe that the child may have committed an act that would be a | 1659 |
| felony or an offense of violence if committed by an adult shall | 1660 |
| not be procured by the superintendent or furnished by any person | 1661 |
| in charge of any county, multicounty, municipal, municipal-county, | 1662 |
| or multicounty-municipal jail or workhouse, community-based | 1663 |
| correctional facility, halfway house, alternative residential | 1664 |
| facility, or state correctional institution, except as authorized | 1665 |
| in section 2151.313 of the Revised Code. | 1666 |
| (2) Every clerk of a court of record in this state, other | 1667 |
| than the supreme court or a court of appeals, shall send to the | 1668 |
| superintendent of the bureau a weekly report containing a summary | 1669 |
| of each case involving a felony, involving any crime constituting | 1670 |
| a misdemeanor on the first offense and a felony on subsequent | 1671 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 1672 |
| of section 109.572 of the Revised Code, or involving an | 1673 |
| adjudication in a case in which a child under eighteen years of | 1674 |
| age was alleged to be a delinquent child for committing an act | 1675 |
| that would be a felony or an offense of violence if committed by | 1676 |
| an adult. The clerk of the court of common pleas shall include in | 1677 |
| the report and summary the clerk sends under this division all | 1678 |
| information described in divisions (A)(2)(a) to (f) of this | 1679 |
| section regarding a case before the court of appeals that is | 1680 |
| served by that clerk. The summary shall be written on the standard | 1681 |
| forms furnished by the superintendent pursuant to division (B) of | 1682 |
| this section and shall include the following information: | 1683 |
| (a) The incident tracking number contained on the standard | 1684 |
| forms furnished by the superintendent pursuant to division (B) of | 1685 |
| this section; | 1686 |
| (b) The style and number of the case; | 1687 |
| (c) The date of arrest; | 1688 |
| (d) The date that the person was convicted of or pleaded | 1689 |
| guilty to the offense, adjudicated a delinquent child for | 1690 |
| committing the act that would be a felony or an offense of | 1691 |
| violence if committed by an adult, found not guilty of the | 1692 |
| offense, or found not to be a delinquent child for committing an | 1693 |
| act that would be a felony or an offense of violence if committed | 1694 |
| by an adult, the date of an entry dismissing the charge, an entry | 1695 |
| declaring a mistrial of the offense in which the person is | 1696 |
| discharged, an entry finding that the person or child is not | 1697 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 1698 |
| date of any other determination that constitutes final resolution | 1699 |
| of the case; | 1700 |
| (e) A statement of the original charge with the section of | 1701 |
| the Revised Code that was alleged to be violated; | 1702 |
| (f) If the person or child was convicted, pleaded guilty, or | 1703 |
| was adjudicated a delinquent child, the sentence or terms of | 1704 |
| probation imposed or any other disposition of the offender or the | 1705 |
| delinquent child. | 1706 |
| If the offense involved the disarming of a law enforcement | 1707 |
| officer or an attempt to disarm a law enforcement officer, the | 1708 |
| clerk shall clearly state that fact in the summary, and the | 1709 |
| superintendent shall ensure that a clear statement of that fact is | 1710 |
| placed in the bureau's records. | 1711 |
| (3) The superintendent shall cooperate with and assist | 1712 |
| sheriffs, chiefs of police, and other law enforcement officers in | 1713 |
| the establishment of a complete system of criminal identification | 1714 |
| and in obtaining fingerprints and other means of identification of | 1715 |
| all persons arrested on a charge of a felony, any crime | 1716 |
| constituting a misdemeanor on the first offense and a felony on | 1717 |
| subsequent offenses, or a misdemeanor described in division | 1718 |
| (A)(1)(a) of section 109.572 of the Revised Code and of all | 1719 |
| children under eighteen years of age arrested or otherwise taken | 1720 |
| into custody for committing an act that would be a felony or an | 1721 |
| offense of violence if committed by an adult. The superintendent | 1722 |
| also shall file for record the fingerprint impressions of all | 1723 |
| persons confined in a county, multicounty, municipal, | 1724 |
| municipal-county, or multicounty-municipal jail or workhouse, | 1725 |
| community-based correctional facility, halfway house, alternative | 1726 |
| residential facility, or state correctional institution for the | 1727 |
| violation of state laws and of all children under eighteen years | 1728 |
| of age who are confined in a county, multicounty, municipal, | 1729 |
| municipal-county, or multicounty-municipal jail or workhouse, | 1730 |
| community-based correctional facility, halfway house, alternative | 1731 |
| residential facility, or state correctional institution or in any | 1732 |
| facility for delinquent children for committing an act that would | 1733 |
| be a felony or an offense of violence if committed by an adult, | 1734 |
| and any other information that the superintendent may receive from | 1735 |
| law enforcement officials of the state and its political | 1736 |
| subdivisions. | 1737 |
| (4) The superintendent shall carry out Chapter 2950. of the | 1738 |
| Revised Code with respect to the registration of persons who are | 1739 |
| convicted of or plead guilty to either a sexually oriented offense | 1740 |
| that is not a registration-exempt sexually oriented offense or a | 1741 |
| child-victim oriented offense and with respect to all other duties | 1742 |
| imposed on the bureau under that chapter. | 1743 |
| (5) The bureau shall perform centralized recordkeeping | 1744 |
| functions for criminal history records and services in this state | 1745 |
| for purposes of the national crime prevention and privacy compact | 1746 |
| set forth in section 109.571 of the Revised Code and is the | 1747 |
| criminal history record repository as defined in that section for | 1748 |
| purposes of that compact. The superintendent or the | 1749 |
| superintendent's designee is the compact officer for purposes of | 1750 |
| that compact and shall carry out the responsibilities of the | 1751 |
| compact officer specified in that compact. | 1752 |
| (B) The superintendent shall prepare and furnish to every | 1753 |
| county, multicounty, municipal, municipal-county, or | 1754 |
| multicounty-municipal jail or workhouse, community-based | 1755 |
| correctional facility, halfway house, alternative residential | 1756 |
| facility, or state correctional institution and to every clerk of | 1757 |
| a court in this state specified in division (A)(2) of this section | 1758 |
| standard forms for reporting the information required under | 1759 |
| division (A) of this section. The standard forms that the | 1760 |
| superintendent prepares pursuant to this division may be in a | 1761 |
| tangible format, in an electronic format, or in both tangible | 1762 |
| formats and electronic formats. | 1763 |
| (C) The superintendent may operate a center for electronic, | 1764 |
| automated, or other data processing for the storage and retrieval | 1765 |
| of information, data, and statistics pertaining to criminals and | 1766 |
| to children under eighteen years of age who are adjudicated | 1767 |
| delinquent children for committing an act that would be a felony | 1768 |
| or an offense of violence if committed by an adult, criminal | 1769 |
| activity, crime prevention, law enforcement, and criminal justice, | 1770 |
| and may establish and operate a statewide communications network | 1771 |
| to gather and disseminate information, data, and statistics for | 1772 |
| the use of law enforcement agencies. The superintendent may | 1773 |
| gather, store, retrieve, and disseminate information, data, and | 1774 |
| statistics that pertain to children who are under eighteen years | 1775 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 1776 |
| of the Revised Code together with information, data, and | 1777 |
| statistics that pertain to adults and that are gathered pursuant | 1778 |
| to those sections. In addition to any other authorized use of | 1779 |
| information, data, and statistics of that nature, the | 1780 |
| superintendent or the superintendent's designee may provide and | 1781 |
| exchange the information, data, and statistics pursuant to the | 1782 |
| national crime prevention and privacy compact as described in | 1783 |
| division (A)(5) of this section. | 1784 |
| (D) The information and materials furnished to the | 1785 |
| superintendent pursuant to division (A) of this section and | 1786 |
| information and materials furnished to any board or person under | 1787 |
| division (F) or (G) of this section are not public records under | 1788 |
| section 149.43 of the Revised Code. | 1789 |
| (E) The attorney general shall adopt rules, in accordance | 1790 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 1791 |
| by which a person may receive or release information gathered by | 1792 |
| the superintendent pursuant to division (A) of this section. A | 1793 |
| reasonable fee may be charged for this service. If a temporary | 1794 |
| employment service submits a request for a determination of | 1795 |
| whether a person the service plans to refer to an employment | 1796 |
| position has been convicted of or pleaded guilty to an offense | 1797 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 1798 |
| 109.572 of the Revised Code, the request shall be treated as a | 1799 |
| single request and only one fee shall be charged. | 1800 |
| (F)(1) As used in division (F)(2) of this section, "head | 1801 |
| start agency" means an entity in this state that has been approved | 1802 |
| to be an agency for purposes of subchapter II of the "Community | 1803 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 1804 |
| as amended. | 1805 |
| (2)(a) In addition to or in conjunction with any request that | 1806 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 1807 |
| 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 1808 |
| 5126.28, 5126.281, or 5153.111 or division (F) of section 3310.11 | 1809 |
| of the Revised Code, the board of education of any school | 1810 |
| district; the director of mental retardation and developmental | 1811 |
| disabilities; any county board of mental retardation and | 1812 |
| developmental disabilities; any entity under contract with a | 1813 |
| county board of mental retardation and developmental disabilities; | 1814 |
| the chief administrator of any chartered nonpublic school; the | 1815 |
| chief administrator of any registered private school; the chief | 1816 |
| administrator of any home health agency; the chief administrator | 1817 |
| of or person operating any child day-care center, type A family | 1818 |
| day-care home, or type B family day-care home licensed or | 1819 |
| certified under Chapter 5104. of the Revised Code; the | 1820 |
| administrator of any type C family day-care home certified | 1821 |
| pursuant to Section 1 of Sub. H.B. 62 of the 121st general | 1822 |
| assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general | 1823 |
| assembly; the chief administrator of any head start agency; or the | 1824 |
| executive director of a public children services agency may | 1825 |
| request that the superintendent of the bureau investigate and | 1826 |
| determine, with respect to any individual who has applied for | 1827 |
| employment in any position after October 2, 1989, or any | 1828 |
| individual wishing to apply for employment with a board of | 1829 |
| education may request, with regard to the individual, whether the | 1830 |
| bureau has any information gathered under division (A) of this | 1831 |
| section that pertains to that individual. On receipt of the | 1832 |
| request, the superintendent shall determine whether that | 1833 |
| information exists and, upon request of the person, board, or | 1834 |
| entity requesting information, also shall request from the federal | 1835 |
| bureau of investigation any criminal records it has pertaining to | 1836 |
| that individual. The superintendent or the superintendent's | 1837 |
| designee also may request criminal history records from other | 1838 |
| states or the federal government pursuant to the national crime | 1839 |
| prevention and privacy compact set forth in section 109.571 of the | 1840 |
| Revised Code. Within thirty days of the date that the | 1841 |
| superintendent receives a request, the superintendent shall send | 1842 |
| to the board, entity, or person a report of any information that | 1843 |
| the superintendent determines exists, including information | 1844 |
| contained in records that have been sealed under section 2953.32 | 1845 |
| of the Revised Code, and, within thirty days of its receipt, shall | 1846 |
| send the board, entity, or person a report of any information | 1847 |
| received from the federal bureau of investigation, other than | 1848 |
| information the dissemination of which is prohibited by federal | 1849 |
| law. | 1850 |
| (b) When a board of education or a registered private school | 1851 |
| is required to receive information under this section as a | 1852 |
| prerequisite to employment of an individual pursuant to section | 1853 |
| 3319.39 or division (F) of section 3310.11 of the Revised Code, it | 1854 |
| may accept a certified copy of records that were issued by the | 1855 |
| bureau of criminal identification and investigation and that are | 1856 |
| presented by an individual applying for employment with the | 1857 |
| district in lieu of requesting that information itself. In such a | 1858 |
| case, the board or school shall accept the certified copy issued | 1859 |
| by the bureau in order to make a photocopy of it for that | 1860 |
| individual's employment application documents and shall return the | 1861 |
| certified copy to the individual. In a case of that nature, a | 1862 |
| district or school only shall accept a certified copy of records | 1863 |
| of that nature within one year after the date of their issuance by | 1864 |
| the bureau. | 1865 |
| (3) The state board of education may request, with respect to | 1866 |
| any individual who has applied for employment after October 2, | 1867 |
| 1989, in any position with the state board or the department of | 1868 |
| education, any information that a school district board of | 1869 |
| education is authorized to request under division (F)(2) of this | 1870 |
| section, and the superintendent of the bureau shall proceed as if | 1871 |
| the request has been received from a school district board of | 1872 |
| education under division (F)(2) of this section. | 1873 |
| (4) When the superintendent of the bureau receives a request | 1874 |
| for information under section 3319.291 of the Revised Code, the | 1875 |
| superintendent shall proceed as if the request has been received | 1876 |
| from a school district board of education under division (F)(2) of | 1877 |
| this section. | 1878 |
| (5) When a recipient of | 1879 |
| reading
improvement grant paid under section 3301.86 | 1880 |
| the Revised
Code
| 1881 |
| requests, with respect to any individual who applies to | 1882 |
| participate in
providing any program or service
| 1883 |
| 1884 | |
| the grant, the information that a school district board of | 1885 |
| education is authorized to request under division (F)(2)(a) of | 1886 |
| this section, the superintendent of the bureau shall proceed as if | 1887 |
| the request has been received from a school district board of | 1888 |
| education under division (F)(2)(a) of this section. | 1889 |
| (G) In addition to or in conjunction with any request that is | 1890 |
| required to be made under section 173.41, 3701.881, 3712.09, | 1891 |
| 3721.121, or 3722.151 of the Revised Code with respect to an | 1892 |
| individual who has applied for employment in a position that | 1893 |
| involves providing direct care to an older adult, the chief | 1894 |
| administrator of a PASSPORT agency that provides services through | 1895 |
| the PASSPORT program created under section 173.40 of the Revised | 1896 |
| Code, home health agency, hospice care program, home licensed | 1897 |
| under Chapter 3721. of the Revised Code, adult day-care program | 1898 |
| operated pursuant to rules adopted under section 3721.04 of the | 1899 |
| Revised Code, or adult care facility may request that the | 1900 |
| superintendent of the bureau investigate and determine, with | 1901 |
| respect to any individual who has applied after January 27, 1997, | 1902 |
| for employment in a position that does not involve providing | 1903 |
| direct care to an older adult, whether the bureau has any | 1904 |
| information gathered under division (A) of this section that | 1905 |
| pertains to that individual. On receipt of the request, the | 1906 |
| superintendent shall determine whether that information exists | 1907 |
| and, on request of the administrator requesting information, shall | 1908 |
| also request from the federal bureau of investigation any criminal | 1909 |
| records it has pertaining to that individual. The superintendent | 1910 |
| or the superintendent's designee also may request criminal history | 1911 |
| records from other states or the federal government pursuant to | 1912 |
| the national crime prevention and privacy compact set forth in | 1913 |
| section 109.571 of the Revised Code. Within thirty days of the | 1914 |
| date a request is received, the superintendent shall send to the | 1915 |
| administrator a report of any information determined to exist, | 1916 |
| including information contained in records that have been sealed | 1917 |
| under section 2953.32 of the Revised Code, and, within thirty days | 1918 |
| of its receipt, shall send the administrator a report of any | 1919 |
| information received from the federal bureau of investigation, | 1920 |
| other than information the dissemination of which is prohibited by | 1921 |
| federal law. | 1922 |
| (H) Information obtained by a board, administrator, or other | 1923 |
| person under this section is confidential and shall not be | 1924 |
| released or disseminated. | 1925 |
| (I) The superintendent may charge a reasonable fee for | 1926 |
| providing information or criminal records under division (F)(2) or | 1927 |
| (G) of this section. | 1928 |
| (J) As used in this section, "registered private school" | 1929 |
| means a nonpublic school registered with the superintendent of | 1930 |
| public instruction under section 3310.11 of the Revised Code to | 1931 |
| participate in the educational choice scholarship program. | 1932 |
| Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 1933 |
| section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, | 1934 |
| 5104.013, or 5153.111 of the Revised Code, a completed form | 1935 |
| prescribed pursuant to division (C)(1) of this section, and a set | 1936 |
| of fingerprint impressions obtained in the manner described in | 1937 |
| division (C)(2) of this section, the superintendent of the bureau | 1938 |
| of criminal identification and investigation shall conduct a | 1939 |
| criminal records check in the manner described in division (B) of | 1940 |
| this section to determine whether any information exists that | 1941 |
| indicates that the person who is the subject of the request | 1942 |
| previously has been convicted of or pleaded guilty to any of the | 1943 |
| following: | 1944 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1945 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1946 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1947 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1948 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1949 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1950 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1951 |
| 2925.06, or 3716.11 of the Revised Code, felonious sexual | 1952 |
| penetration in violation of former section 2907.12 of the Revised | 1953 |
| Code, a violation of section 2905.04 of the Revised Code as it | 1954 |
| existed prior to July 1, 1996, a violation of section 2919.23 of | 1955 |
| the Revised Code that would have been a violation of section | 1956 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1957 |
| had the violation been committed prior to that date, or a | 1958 |
| violation of section 2925.11 of the Revised Code that is not a | 1959 |
| minor drug possession offense; | 1960 |
| (b) A violation of an existing or former law of this state, | 1961 |
| any other state, or the United States that is substantially | 1962 |
| equivalent to any of the offenses listed in division (A)(1)(a) of | 1963 |
| this section. | 1964 |
| (2) On receipt of a request pursuant to section 5123.081 of | 1965 |
| the Revised Code with respect to an applicant for employment in | 1966 |
| any position with the department of mental retardation and | 1967 |
| developmental disabilities, pursuant to section 5126.28 of the | 1968 |
| Revised Code with respect to an applicant for employment in any | 1969 |
| position with a county board of mental retardation and | 1970 |
| developmental disabilities, or pursuant to section 5126.281 of the | 1971 |
| Revised Code with respect to an applicant for employment in a | 1972 |
| direct services position with an entity contracting with a county | 1973 |
| board for employment, a completed form prescribed pursuant to | 1974 |
| division (C)(1) of this section, and a set of fingerprint | 1975 |
| impressions obtained in the manner described in division (C)(2) of | 1976 |
| this section, the superintendent of the bureau of criminal | 1977 |
| identification and investigation shall conduct a criminal records | 1978 |
| check. The superintendent shall conduct the criminal records check | 1979 |
| in the manner described in division (B) of this section to | 1980 |
| determine whether any information exists that indicates that the | 1981 |
| person who is the subject of the request has been convicted of or | 1982 |
| pleaded guilty to any of the following: | 1983 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 1984 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1985 |
| 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 1986 |
| 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 1987 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1988 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 1989 |
| 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 1990 |
| 2925.03, or 3716.11 of the Revised Code; | 1991 |
| (b) An existing or former municipal ordinance or law of this | 1992 |
| state, any other state, or the United States that is substantially | 1993 |
| equivalent to any of the offenses listed in division (A)(2)(a) of | 1994 |
| this section. | 1995 |
| (3) On receipt of a request pursuant to section 173.41, | 1996 |
| 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed | 1997 |
| form prescribed pursuant to division (C)(1) of this section, and a | 1998 |
| set of fingerprint impressions obtained in the manner described in | 1999 |
| division (C)(2) of this section, the superintendent of the bureau | 2000 |
| of criminal identification and investigation shall conduct a | 2001 |
| criminal records check with respect to any person who has applied | 2002 |
| for employment in a position that involves providing direct care | 2003 |
| to an older adult. The superintendent shall conduct the criminal | 2004 |
| records check in the manner described in division (B) of this | 2005 |
| section to determine whether any information exists that indicates | 2006 |
| that the person who is the subject of the request previously has | 2007 |
| been convicted of or pleaded guilty to any of the following: | 2008 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2009 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2010 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 2011 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 2012 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 2013 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 2014 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 2015 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 2016 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 2017 |
| (b) An existing or former law of this state, any other state, | 2018 |
| or the United States that is substantially equivalent to any of | 2019 |
| the offenses listed in division (A)(3)(a) of this section. | 2020 |
| (4) On receipt of a request pursuant to section 3701.881 of | 2021 |
| the Revised Code with respect to an applicant for employment with | 2022 |
| a home health agency as a person responsible for the care, | 2023 |
| custody, or control of a child, a completed form prescribed | 2024 |
| pursuant to division (C)(1) of this section, and a set of | 2025 |
| fingerprint impressions obtained in the manner described in | 2026 |
| division (C)(2) of this section, the superintendent of the bureau | 2027 |
| of criminal identification and investigation shall conduct a | 2028 |
| criminal records check. The superintendent shall conduct the | 2029 |
| criminal records check in the manner described in division (B) of | 2030 |
| this section to determine whether any information exists that | 2031 |
| indicates that the person who is the subject of the request | 2032 |
| previously has been convicted of or pleaded guilty to any of the | 2033 |
| following: | 2034 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2035 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2036 |
| 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 2037 |
| 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 2038 |
| 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 2039 |
| 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 2040 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 2041 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 2042 |
| violation of section 2925.11 of the Revised Code that is not a | 2043 |
| minor drug possession offense; | 2044 |
| (b) An existing or former law of this state, any other state, | 2045 |
| or the United States that is substantially equivalent to any of | 2046 |
| the offenses listed in division (A)(4)(a) of this section. | 2047 |
| (5) On receipt of a request pursuant to section 5111.95 or | 2048 |
| 5111.96 of the Revised Code with respect to an applicant for | 2049 |
| employment with a waiver agency participating in a department of | 2050 |
| job and family services administered home and community-based | 2051 |
| waiver program or an independent provider participating in a | 2052 |
| department administered home and community-based waiver program in | 2053 |
| a position that involves providing home and community-based waiver | 2054 |
| services to consumers with disabilities, a completed form | 2055 |
| prescribed pursuant to division (C)(1) of this section, and a set | 2056 |
| of fingerprint impressions obtained in the manner described in | 2057 |
| division (C)(2) of this section, the superintendent of the bureau | 2058 |
| of criminal identification and investigation shall conduct a | 2059 |
| criminal records check. The superintendent shall conduct the | 2060 |
| criminal records check in the manner described in division (B) of | 2061 |
| this section to determine whether any information exists that | 2062 |
| indicates that the person who is the subject of the request | 2063 |
| previously has been convicted of or pleaded guilty to any of the | 2064 |
| following: | 2065 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2066 |
| 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 2067 |
| 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 2068 |
| 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 2069 |
| 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 2070 |
| 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 2071 |
| 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, | 2072 |
| 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, | 2073 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 2074 |
| 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the | 2075 |
| Revised Code, felonious sexual penetration in violation of former | 2076 |
| section 2907.12 of the Revised Code, a violation of section | 2077 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 2078 |
| violation of section 2919.23 of the Revised Code that would have | 2079 |
| been a violation of section 2905.04 of the Revised Code as it | 2080 |
| existed prior to July 1, 1996, had the violation been committed | 2081 |
| prior to that date; | 2082 |
| (b) An existing or former law of this state, any other state, | 2083 |
| or the United States that is substantially equivalent to any of | 2084 |
| the offenses listed in division (A)(5)(a) of this section. | 2085 |
| (6) On receipt of a request pursuant to section 3701.881 of | 2086 |
| the Revised Code with respect to an applicant for employment with | 2087 |
| a home health agency in a position that involves providing direct | 2088 |
| care to an older adult, a completed form prescribed pursuant to | 2089 |
| division (C)(1) of this section, and a set of fingerprint | 2090 |
| impressions obtained in the manner described in division (C)(2) of | 2091 |
| this section, the superintendent of the bureau of criminal | 2092 |
| identification and investigation shall conduct a criminal records | 2093 |
| check. The superintendent shall conduct the criminal records check | 2094 |
| in the manner described in division (B) of this section to | 2095 |
| determine whether any information exists that indicates that the | 2096 |
| person who is the subject of the request previously has been | 2097 |
| convicted of or pleaded guilty to any of the following: | 2098 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2099 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2100 |
| 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 2101 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 2102 |
| 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 2103 |
| 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 2104 |
| 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 2105 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 2106 |
| 2925.22, 2925.23, or 3716.11 of the Revised Code; | 2107 |
| (b) An existing or former law of this state, any other state, | 2108 |
| or the United States that is substantially equivalent to any of | 2109 |
| the offenses listed in division (A)(6)(a) of this section. | 2110 |
| (7) When conducting a criminal records check upon a request | 2111 |
| pursuant to section 3319.39 of the Revised Code for an applicant | 2112 |
| who is a teacher, in addition to the determination made under | 2113 |
| division (A)(1) of this section, the superintendent shall | 2114 |
| determine whether any information exists that indicates that the | 2115 |
| person who is the subject of the request previously has been | 2116 |
| convicted of or pleaded guilty to any offense specified in section | 2117 |
| 3319.31 of the Revised Code. | 2118 |
| (8) On a request pursuant to section 2151.86 of the Revised | 2119 |
| Code, a completed form prescribed pursuant to division (C)(1) of | 2120 |
| this section, and a set of fingerprint impressions obtained in the | 2121 |
| manner described in division (C)(2) of this section, the | 2122 |
| superintendent of the bureau of criminal identification and | 2123 |
| investigation shall conduct a criminal records check in the manner | 2124 |
| described in division (B) of this section to determine whether any | 2125 |
| information exists that indicates that the person who is the | 2126 |
| subject of the request previously has been convicted of or pleaded | 2127 |
| guilty to any of the following: | 2128 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 2129 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 2130 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 2131 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 2132 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 2133 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 2134 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 2135 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 2136 |
| violation of section 2905.04 of the Revised Code as it existed | 2137 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 2138 |
| Revised Code that would have been a violation of section 2905.04 | 2139 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 2140 |
| violation been committed prior to that date, a violation of | 2141 |
| section 2925.11 of the Revised Code that is not a minor drug | 2142 |
| possession offense, or felonious sexual penetration in violation | 2143 |
| of former section 2907.12 of the Revised Code; | 2144 |
| (b) A violation of an existing or former law of this state, | 2145 |
| any other state, or the United States that is substantially | 2146 |
| equivalent to any of the offenses listed in division (A)(8)(a) of | 2147 |
| this section. | 2148 |
| (9) When conducting a criminal records check on a request | 2149 |
| pursuant to section 5104.013 of the Revised Code for a person who | 2150 |
| is an owner, licensee, or administrator of a child day-care center | 2151 |
| or type A family day-care home or an authorized provider of a | 2152 |
| certified type B family day-care home, the superintendent, in | 2153 |
| addition to the determination made under division (A)(1) of this | 2154 |
| section, shall determine whether any information exists that | 2155 |
| indicates that the person has been convicted of or pleaded guilty | 2156 |
| to any of the following: | 2157 |
| (a) A violation of section 2913.02, 2913.03, 2913.04, | 2158 |
| 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 2159 |
| 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 2160 |
| 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 2161 |
| 2921.13, or 2923.01 of the Revised Code, a violation of section | 2162 |
| 2923.02 or 2923.03 of the Revised Code that relates to a crime | 2163 |
| specified in this division or division (A)(1)(a) of this section, | 2164 |
| or a second violation of section 4511.19 of the Revised Code | 2165 |
| within five years of the date of application for licensure or | 2166 |
| certification. | 2167 |
| (b) A violation of an existing or former law of this state, | 2168 |
| any other state, or the United States that is substantially | 2169 |
| equivalent to any of the offenses or violations described in | 2170 |
| division (A)(9)(a) of this section. | 2171 |
| (10) Not later than thirty days after the date the | 2172 |
| superintendent receives the request, completed form, and | 2173 |
| fingerprint impressions, the superintendent shall send the person, | 2174 |
| board, or entity that made the request any information, other than | 2175 |
| information the dissemination of which is prohibited by federal | 2176 |
| law, the superintendent determines exists with respect to the | 2177 |
| person who is the subject of the request that indicates that the | 2178 |
| person previously has been convicted of or pleaded guilty to any | 2179 |
| offense listed or described in division (A)(1), (2), (3), (4), | 2180 |
| (5), (6), (7), (8), or (9) of this section, as appropriate. The | 2181 |
| superintendent shall send the person, board, or entity that made | 2182 |
| the request a copy of the list of offenses specified in division | 2183 |
| (A)(1), (2), (3), (4), (5), (6), (7), (8), or (9) of this section, | 2184 |
| as appropriate. If the request was made under section 3701.881 of | 2185 |
| the Revised Code with regard to an applicant who may be both | 2186 |
| responsible for the care, custody, or control of a child and | 2187 |
| involved in providing direct care to an older adult, the | 2188 |
| superintendent shall provide a list of the offenses specified in | 2189 |
| divisions (A)(4) and (6) of this section. | 2190 |
| (B) The superintendent shall conduct any criminal records | 2191 |
| check requested under section 121.08, 173.41, 2151.86, 3301.32, | 2192 |
| 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 2193 |
| 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, | 2194 |
| or 5153.111 of the Revised Code as follows: | 2195 |
| (1) The superintendent shall review or cause to be reviewed | 2196 |
| any relevant information gathered and compiled by the bureau under | 2197 |
| division (A) of section 109.57 of the Revised Code that relates to | 2198 |
| the person who is the subject of the request, including any | 2199 |
| relevant information contained in records that have been sealed | 2200 |
| under section 2953.32 of the Revised Code; | 2201 |
| (2) If the request received by the superintendent asks for | 2202 |
| information from the federal bureau of investigation, the | 2203 |
| superintendent shall request from the federal bureau of | 2204 |
| investigation any information it has with respect to the person | 2205 |
| who is the subject of the request and shall review or cause to be | 2206 |
| reviewed any information the superintendent receives from that | 2207 |
| bureau. | 2208 |
| (3) The superintendent or the superintendent's designee may | 2209 |
| request criminal history records from other states or the federal | 2210 |
| government pursuant to the national crime prevention and privacy | 2211 |
| compact set forth in section 109.571 of the Revised Code. | 2212 |
| (C)(1) The superintendent shall prescribe a form to obtain | 2213 |
| the information necessary to conduct a criminal records check from | 2214 |
| any person for whom a criminal records check is required by | 2215 |
| section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, | 2216 |
| 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, | 2217 |
| 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 2218 |
| Revised Code. The form that the superintendent prescribes pursuant | 2219 |
| to this division may be in a tangible format, in an electronic | 2220 |
| format, or in both tangible and electronic formats. | 2221 |
| (2) The superintendent shall prescribe standard impression | 2222 |
| sheets to obtain the fingerprint impressions of any person for | 2223 |
| whom a criminal records check is required by section 121.08, | 2224 |
| 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 2225 |
| 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, | 2226 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any | 2227 |
| person for whom a records check is required by any of those | 2228 |
| sections shall obtain the fingerprint impressions at a county | 2229 |
| sheriff's office, municipal police department, or any other entity | 2230 |
| with the ability to make fingerprint impressions on the standard | 2231 |
| impression sheets prescribed by the superintendent. The office, | 2232 |
| department, or entity may charge the person a reasonable fee for | 2233 |
| making the impressions. The standard impression sheets the | 2234 |
| superintendent prescribes pursuant to this division may be in a | 2235 |
| tangible format, in an electronic format, or in both tangible and | 2236 |
| electronic formats. | 2237 |
| (3) Subject to division (D) of this section, the | 2238 |
| superintendent shall prescribe and charge a reasonable fee for | 2239 |
| providing a criminal records check requested under section 121.08, | 2240 |
| 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 2241 |
| 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, | 2242 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The | 2243 |
| person making a criminal records request under section 121.08, | 2244 |
| 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 2245 |
| 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, | 2246 |
| 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall | 2247 |
| pay the fee prescribed pursuant to this division. A person making | 2248 |
| a request under section 3701.881 of the Revised Code for a | 2249 |
| criminal records check for an applicant who may be both | 2250 |
| responsible for the care, custody, or control of a child and | 2251 |
| involved in providing direct care to an older adult shall pay one | 2252 |
| fee for the request. | 2253 |
| (4) The superintendent of the bureau of criminal | 2254 |
| identification and investigation may prescribe methods of | 2255 |
| forwarding fingerprint impressions and information necessary to | 2256 |
| conduct a criminal records check, which methods shall include, but | 2257 |
| not be limited to, an electronic method. | 2258 |
| (D) A determination whether any information exists that | 2259 |
| indicates that a person previously has been convicted of or | 2260 |
| pleaded guilty to any offense listed or described in division | 2261 |
| (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 2262 |
| (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), | 2263 |
| or (A)(9)(a) or (b) of this section that is made by the | 2264 |
| superintendent with respect to information considered in a | 2265 |
| criminal records check in accordance with this section is valid | 2266 |
| for the person who is the subject of the criminal records check | 2267 |
| for a period of one year from the date upon which the | 2268 |
| superintendent makes the determination. During the period in which | 2269 |
| the determination in regard to a person is valid, if another | 2270 |
| request under this section is made for a criminal records check | 2271 |
| for that person, the superintendent shall provide the information | 2272 |
| that is the basis for the superintendent's initial determination | 2273 |
| at a lower fee than the fee prescribed for the initial criminal | 2274 |
| records check. | 2275 |
| (E) When the superintendent receives a request for | 2276 |
| information from a registered private school pursuant to division | 2277 |
| (F) of section 3310.11 of the Revised Code, the superintendent | 2278 |
| shall proceed as if the request has been received from a school | 2279 |
| district board of education under section 3319.39 of the Revised | 2280 |
| Code. The superintendent shall apply division (A)(7) of this | 2281 |
| section to any such request for an applicant who is a teacher. | 2282 |
| (F) As used in this section: | 2283 |
| (1) "Criminal records check" means any criminal records check | 2284 |
| conducted by the superintendent of the bureau of criminal | 2285 |
| identification and investigation in accordance with division (B) | 2286 |
| of this section. | 2287 |
| (2) "Home and community-based waiver services" and "waiver | 2288 |
| agency" have the same meanings as in section 5111.95 of the | 2289 |
| Revised Code. | 2290 |
| (3) "Independent provider" has the same meaning as in section | 2291 |
| 5111.96 of the Revised Code. | 2292 |
| (4) "Minor drug possession offense" has the same meaning as | 2293 |
| in section 2925.01 of the Revised Code. | 2294 |
| (5) "Older adult" means a person age sixty or older. | 2295 |
| (6) "Registered private school" means a nonpublic school | 2296 |
| registered with the superintendent of public instruction under | 2297 |
| section 3310.11 of the Revised Code to participate in the | 2298 |
| educational choice scholarship program. | 2299 |
| Sec. 109.91. (A) There is hereby established within the | 2300 |
| office of the attorney general the crime victims assistance | 2301 |
| office. | 2302 |
| (B) There is hereby established the state victims assistance | 2303 |
| advisory committee. The committee shall consist of a chairperson, | 2304 |
|
to be appointed by the attorney general, | 2305 |
| members, and fifteen members to be appointed by the attorney | 2306 |
| general as follows: one member who represents the Ohio | 2307 |
| victim-witness association; three members who represent local | 2308 |
| victim assistance programs, including one from a municipally | 2309 |
| operated program and one from a county-operated program; one | 2310 |
| member who represents the interests of elderly victims; one member | 2311 |
| who is a board member of any statewide or local organization that | 2312 |
| exists primarily to aid victims of domestic violence, or who is an | 2313 |
| employee of, or counselor for, such an organization; one member | 2314 |
| who is an employee or officer of a county probation department or | 2315 |
| a probation department operated by the department of | 2316 |
| rehabilitation and correction; one member who is a county | 2317 |
| prosecuting attorney; one member who is a city law director; one | 2318 |
| member who is a county sheriff; one member who is a member or | 2319 |
| officer of a township or municipal police department; one member | 2320 |
| who is a court of common pleas judge; one member who is a | 2321 |
| municipal court judge or county court judge; and two members who | 2322 |
| are private citizens and are not government employees. | 2323 |
| The committee shall include the following ex officio, | 2324 |
|
nonvoting
members: | 2325 |
| attorney general, one member of the senate to be designated by the | 2326 |
| president of the senate, and one member of the house of | 2327 |
| representatives to be designated by the speaker of the house. | 2328 |
| Members of the committee shall serve without compensation, | 2329 |
| but shall be reimbursed for travel and other necessary expenses | 2330 |
| that are incurred in the conduct of their official duties as | 2331 |
| members of the committee. The chairperson and members of the | 2332 |
| committee appointed by the attorney general shall serve at the | 2333 |
| pleasure of the attorney
general. The | 2334 |
| 2335 | |
| the end of the
term of
office that qualified | 2336 |
| general for membership on the committee. The member of the senate | 2337 |
| and the member of the house of representatives shall serve at the | 2338 |
| pleasure of the president of the senate and the speaker of the | 2339 |
| house of representatives, respectively. | 2340 |
| (C) The victims assistance advisory committee shall perform | 2341 |
| both of the following duties: | 2342 |
| (1) Advise the crime victims assistance office in determining | 2343 |
| crime and delinquency victim service needs, determining crime and | 2344 |
| delinquency victim policies for the state, and improving and | 2345 |
| exercising leadership in the quality of crime and delinquency | 2346 |
| victim programs in the state; | 2347 |
| (2) Review and recommend to the crime victims assistance | 2348 |
| office the victim assistance programs that should be considered | 2349 |
| for the receipt of state financial assistance pursuant to section | 2350 |
| 109.92 of the Revised Code. The financial assistance allocation | 2351 |
| recommendations of the committee shall be based on the following | 2352 |
| priorities: | 2353 |
| (a) Programs in existence on July 1, 1985, shall be given | 2354 |
| first priority; | 2355 |
| (b) Programs offering or proposing to offer the broadest | 2356 |
| range of services and referrals to the community served, including | 2357 |
| medical, psychological, financial, educational, vocational, and | 2358 |
| legal services that were not in existence on July 1, 1985, shall | 2359 |
| be given second priority; | 2360 |
| (c) Other qualified programs shall be given last priority. | 2361 |
| (D) As used in this section and section 109.92 of the Revised | 2362 |
| Code, "victim assistance program" includes, but is not limited to | 2363 |
| a program that provides at least one of the following: | 2364 |
| (1) Services to victims of any offense of violence or | 2365 |
| delinquent act that would be an offense of violence if committed | 2366 |
| by an adult; | 2367 |
| (2) Financial assistance or property repair services to | 2368 |
| victims of crime or delinquent acts; | 2369 |
| (3) Assistance to victims of crime or delinquent acts in | 2370 |
| judicial proceedings; | 2371 |
| (4) Assistance to victims of crime or delinquent acts under | 2372 |
| the operation of any political subdivision of the state or a | 2373 |
| branch of the criminal justice system set forth in division | 2374 |
|
(B)(1)(a), | 2375 |
| Revised Code; | 2376 |
| (5) Technical assistance to persons or organizations that | 2377 |
| provide services to victims of crime or delinquent acts under the | 2378 |
| operation of a branch of the criminal justice system set forth in | 2379 |
| 2380 | |
| 2381 |
| A victim assistance program does not include the program for | 2382 |
| the reparation of crime victims established pursuant to Chapter | 2383 |
| 2743. of the Revised Code. | 2384 |
| Sec. 117.10. The auditor of state shall audit all public | 2385 |
| offices as provided in this chapter. The auditor of state also may | 2386 |
| audit the accounts of private institutions, associations, boards, | 2387 |
| and corporations receiving public money for their use and may | 2388 |
| require of them annual reports in such form as the auditor of | 2389 |
| state prescribes. | 2390 |
| If the auditor of state performs or contracts for the | 2391 |
| performance of an audit, including a special audit, of the public | 2392 |
| employees retirement system, school employees retirement system, | 2393 |
| state teachers retirement system, state highway patrol retirement | 2394 |
| system, or Ohio police and fire pension fund, the auditor of state | 2395 |
| shall make a timely report of the results of the audit to the Ohio | 2396 |
| retirement study council. | 2397 |
| The auditor of state may audit the accounts of any provider | 2398 |
| as defined in
section 5111.06 of the Revised Code | 2399 |
| 2400 |
| If a public office has been audited by an agency of the | 2401 |
| United States government, the auditor of state may, if satisfied | 2402 |
| that the federal audit has been conducted according to principles | 2403 |
| and procedures not contrary to those of the auditor of state, use | 2404 |
| and adopt the federal audit and report in lieu of an audit by the | 2405 |
| auditor of state's own office. | 2406 |
| Within thirty days after the creation or dissolution or the | 2407 |
| winding up of the affairs of any public office, that public office | 2408 |
| shall notify the auditor of state in writing that this action has | 2409 |
| occurred. | 2410 |
| Sec. 117.16. (A) The auditor of state shall do all of the | 2411 |
| following: | 2412 |
| (1) Develop a force account project assessment form that each | 2413 |
| public office that undertakes force account projects shall use to | 2414 |
| estimate or report the cost of a force account project. The form | 2415 |
| shall include costs for employee salaries and benefits, any other | 2416 |
| labor costs, materials, freight, fuel, hauling, overhead expense, | 2417 |
| workers' compensation premiums, and all other items of cost and | 2418 |
| expense, including a reasonable allowance for the use of all tools | 2419 |
| and equipment used on or in connection with such work and for the | 2420 |
| depreciation on the tools and equipment. | 2421 |
| (2) Make the form available to public offices by any | 2422 |
| cost-effective, convenient method accessible to the auditor of | 2423 |
| state and the public offices; | 2424 |
| (3) When conducting an audit under this chapter of a public | 2425 |
| office that undertakes force account projects, examine the forms | 2426 |
| and records of a sampling of the force account projects the public | 2427 |
| office completed since an audit was last conducted, to determine | 2428 |
| compliance with its force account limits. | 2429 |
| (B) If the auditor of state receives a complaint from any | 2430 |
| person that a public office has violated the force account limits | 2431 |
| established for that office, the auditor of state may conduct an | 2432 |
| audit in addition to the audit provided in section 117.11 of the | 2433 |
| Revised Code if the auditor of state has reasonable cause to | 2434 |
| believe that an additional audit is in the public interest. | 2435 |
| (C)(1) If the auditor of state finds that a county, township, | 2436 |
| or municipal corporation violated the force account limits | 2437 |
| established for that political subdivision, the auditor of state, | 2438 |
| in addition to any other action authorized by this chapter, shall | 2439 |
| notify the political subdivision that, for a period of one year | 2440 |
| from the date of the notification, the force account limits for | 2441 |
| the subdivision are reduced as follows: | 2442 |
| (a) For a county, the limits shall be ten thousand dollars | 2443 |
| per mile for construction or reconstruction of a road and forty | 2444 |
| thousand dollars for construction, reconstruction, maintenance, or | 2445 |
| repair of a bridge or culvert; | 2446 |
| (b) For a township, the limit shall be fifteen thousand | 2447 |
| dollars for maintenance and repair of a road or five thousand per | 2448 |
| mile for construction or reconstruction of a township road; | 2449 |
| (c) For a municipal corporation, the limit shall be ten | 2450 |
| thousand dollars for the construction, reconstruction, widening, | 2451 |
| resurfacing, or repair of a street or other public way. | 2452 |
| (2) If the auditor of state finds that a county, township, or | 2453 |
| municipal corporation violated the force account limits | 2454 |
| established for that political subdivision a second or subsequent | 2455 |
| time, the auditor of state, in addition to any other action | 2456 |
| authorized by this chapter, shall notify the political subdivision | 2457 |
| that, for a period of two years from the date of the notification, | 2458 |
| the force account limits for the subdivision are reduced in | 2459 |
| accordance with division (C)(1)(a), (b), or (c) of this section. | 2460 |
| (3) If the auditor of state finds that a county, township, or | 2461 |
| municipal corporation violated the force account limits | 2462 |
| established for that political subdivision a third or subsequent | 2463 |
| time, the auditor of state shall certify to the tax commissioner | 2464 |
| an amount the auditor of state determines to be twenty per cent of | 2465 |
| the total cost of the force account project that is the basis of | 2466 |
| the violation. Upon receipt of this certification, the tax | 2467 |
| commissioner shall withhold the certified amount from any funds | 2468 |
| under the tax commissioner's control that are due or payable to | 2469 |
| that political subdivision. The tax commissioner shall promptly | 2470 |
| deposit this withheld amount to the credit of the local | 2471 |
| transportation improvement program fund created by section 164.14 | 2472 |
| of the Revised Code. | 2473 |
| If the tax commissioner determines that no funds are due and | 2474 |
| payable to the violating political subdivision or that | 2475 |
| insufficient amounts of such funds are available to cover the | 2476 |
| entire certified amount, the tax commissioner shall withhold and | 2477 |
| deposit to the credit of the local transportation improvement | 2478 |
| program fund any amount available and certify the remaining amount | 2479 |
| to be withheld to the county auditor of the county in which the | 2480 |
| political subdivision is located. The county auditor shall | 2481 |
| withhold from that political subdivision any amount, up to that | 2482 |
| certified by the tax commissioner, that is available from any | 2483 |
| funds under the county auditor's control, that is due or payable | 2484 |
| to that political subdivision, and that can be lawfully withheld. | 2485 |
| The county auditor shall promptly pay that withheld amount to the | 2486 |
| tax commissioner for deposit into the local transportation | 2487 |
| improvement program fund. | 2488 |
| The payments required under division (C)(3) of this section | 2489 |
| are in addition to the force account limit reductions described in | 2490 |
| division (C)(2) of this section and also are in addition to any | 2491 |
| other action authorized by this chapter. | 2492 |
| (D) If the auditor of state finds that a county, township, or | 2493 |
| municipal corporation violated its force account limits when | 2494 |
| participating in a joint force account project, the auditor of | 2495 |
| state shall impose the reduction in force account limits under | 2496 |
| division (C) of this section on all entities participating in the | 2497 |
| joint project. | 2498 |
| (E) As used in this section, "force account limits" means any | 2499 |
| of the following, as applicable: | 2500 |
| (1) For a county, the amounts established in section 5543.19 | 2501 |
| of the Revised Code as adjusted under section 117.162 of the | 2502 |
| Revised Code; | 2503 |
| (2) For a township, the amounts established in section | 2504 |
| 5575.01 of the Revised Code as adjusted under section 117.162 of | 2505 |
| the Revised Code; | 2506 |
| (3) For a municipal corporation, the amount established in | 2507 |
| section 723.52 of the Revised Code as adjusted under section | 2508 |
| 117.162 of the Revised Code; | 2509 |
| (4) For the department of transportation, the amount | 2510 |
| established in section 5517.02 of the Revised Code as adjusted | 2511 |
| under section 117.162 of the Revised Code. | 2512 |
| Sec. 117.162. (A) Not later than the thirty-first day of | 2513 |
| January each year, the auditor of state shall adjust county, | 2514 |
| township, municipal, and department of transportation force | 2515 |
| account limits by the percentage increase, if any, in the consumer | 2516 |
| price index over the twelve-month period that ended on the last | 2517 |
| day of December of the immediately preceding year, rounded to the | 2518 |
| nearest one-tenth of one per cent. The auditor of state shall post | 2519 |
| the new force account limits on the auditor of state's internet | 2520 |
| site on the worldwide web before the thirty-first day of January | 2521 |
| each year. Such limits shall be effective for the following | 2522 |
| twelve-month period beginning on the first day of February. | 2523 |
| (B) As used in this section: | 2524 |
| (1) "Consumer price index" means the consumer price index | 2525 |
| prepared by the United States bureau of labor statistics (U.S. | 2526 |
| city average for urban wage earners and clerical workers: all | 2527 |
| items, 1982-1984=100), or, if that index is no longer published, a | 2528 |
| generally available comparable index. | 2529 |
| (2) "Force account limits" has the same meaning as in section | 2530 |
| 117.16 of the Revised Code. | 2531 |
| Sec. 120.06. (A)(1) The state public defender, when | 2532 |
| designated by the court or requested by a county public defender | 2533 |
| or joint county public defender, may provide legal representation | 2534 |
| in all courts throughout the state to indigent adults and | 2535 |
| juveniles who are charged with the commission of an offense or act | 2536 |
| for which the penalty or any possible adjudication includes the | 2537 |
| potential loss of liberty. | 2538 |
| (2) The state public defender may provide legal | 2539 |
| representation to any indigent person who, while incarcerated in | 2540 |
| any state correctional institution, is charged with a felony | 2541 |
| offense, for which the penalty or any possible adjudication that | 2542 |
| may be imposed by a court upon conviction includes the potential | 2543 |
| loss of liberty. | 2544 |
| (3) The state public defender may provide legal | 2545 |
| representation to any person incarcerated in any correctional | 2546 |
| institution of the state, in any matter in which the person | 2547 |
| asserts the person is unlawfully imprisoned or detained. | 2548 |
| (4) The state public defender, in any case in which the state | 2549 |
| public defender has provided legal representation or is requested | 2550 |
| to do so by a county public defender or joint county public | 2551 |
| defender, may provide legal representation on appeal. | 2552 |
| (5) The state public defender, when designated by the court | 2553 |
| or requested by a county public defender, joint county public | 2554 |
| defender, or the director of rehabilitation and correction, shall | 2555 |
| provide legal representation in parole and probation revocation | 2556 |
| matters or matters relating to the revocation of community control | 2557 |
| or post-release control under a community control sanction or | 2558 |
| post-release control sanction, unless the state public defender | 2559 |
| finds that the alleged parole or probation violator or alleged | 2560 |
| violator of a community control sanction or post-release control | 2561 |
| sanction has the financial capacity to retain the alleged | 2562 |
| violator's own counsel. | 2563 |
| (6) If the state public defender contracts with a county | 2564 |
| public defender commission, a joint county public defender | 2565 |
| commission, or a board of county commissioners for the provision | 2566 |
| of services, under authority of division (C)(7) of section 120.04 | 2567 |
| of the Revised Code, the state public defender shall provide legal | 2568 |
| representation in accordance with the contract. | 2569 |
| (B) The state public defender shall not be required to | 2570 |
| prosecute any appeal, postconviction remedy, or other proceeding | 2571 |
| pursuant to division (A)(3), (4), or (5) of this section, unless | 2572 |
| the state public defender first is satisfied that there is | 2573 |
| arguable merit to the proceeding. | 2574 |
| (C) A court may appoint counsel or allow an indigent person | 2575 |
| to select the indigent's own personal counsel to assist the state | 2576 |
| public defender as co-counsel when the interests of justice so | 2577 |
| require. When co-counsel is appointed to assist the state public | 2578 |
| defender, the co-counsel shall receive any compensation that the | 2579 |
| court may approve, not to exceed the amounts provided for in | 2580 |
| section 2941.51 of the Revised Code. | 2581 |
| (D)(1) When the state public defender is designated by the | 2582 |
| court or requested by a county public defender or joint county | 2583 |
| public defender to provide legal representation for an indigent | 2584 |
| person in any case, other than pursuant to a contract entered into | 2585 |
| under authority of division (C)(7) of section 120.04 of the | 2586 |
| Revised Code, the state public defender shall send to the county | 2587 |
|
in which the case is filed | 2588 |
| 2589 | |
| itemizes legal fees and expenses. The county, upon receipt of an | 2590 |
| itemized bill from the state public defender pursuant to this | 2591 |
| division, shall | 2592 |
| 2593 | |
| public defender each of the following amounts: | 2594 |
| (a) For the amount identified as legal fees in the itemized | 2595 |
| bill, one hundred per cent of the amount identified as legal fees | 2596 |
| less the state reimbursement rate as calculated by the state | 2597 |
| public defender pursuant to section 120.34 of the Revised Code for | 2598 |
| the month the case terminated, as set forth in the itemized bill; | 2599 |
| (b) For the amount identified as expenses in the itemized | 2600 |
| bill, one hundred per cent. | 2601 |
| (2) Upon payment of the itemized bill under division (D)(1) | 2602 |
| of this section, the county may submit the cost of the expenses, | 2603 |
| excluding legal fees, to the state public defender for | 2604 |
| reimbursement pursuant to section 120.33 of the Revised Code. | 2605 |
| (3) When the state public defender provides investigation or | 2606 |
| mitigation services to private appointed counsel or to a county or | 2607 |
| joint county public defender as approved by the appointing court, | 2608 |
| other than pursuant to a contract entered into under authority of | 2609 |
| division (C)(7) of section 120.04 of the Revised Code, the state | 2610 |
| public defender shall send to the county in which the case is | 2611 |
| filed a bill itemizing the actual cost of the services provided. | 2612 |
| The county, upon receipt of an itemized bill from the state public | 2613 |
| defender pursuant to this division, shall pay one hundred per cent | 2614 |
| of the amount as set forth in the itemized bill. Upon payment of | 2615 |
| the itemized bill received pursuant to this division, the county | 2616 |
| may submit the cost of the investigation and mitigation services | 2617 |
| to the state public defender for reimbursement pursuant to section | 2618 |
| 120.33 of the Revised Code. | 2619 |
| (4) There is hereby created in the state treasury the county | 2620 |
| representation fund for the deposit of moneys received from | 2621 |
| counties under this division. All moneys credited to the fund | 2622 |
| shall be used by the state public defender to provide legal | 2623 |
| representation for indigent persons when designated by the court | 2624 |
| or requested by a county or joint county public defender or to | 2625 |
| provide investigation or mitigation services, including | 2626 |
| investigation or mitigation services to private appointed counsel | 2627 |
| or a county or joint county public defender, as approved by the | 2628 |
| court. | 2629 |
| (E)(1) Notwithstanding any contrary provision of sections | 2630 |
| 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 2631 |
| that pertains to representation by the attorney general, an | 2632 |
| assistant attorney general, or special counsel of an officer or | 2633 |
| employee, as defined in section 109.36 of the Revised Code, or of | 2634 |
| an entity of state government, the state public defender may elect | 2635 |
| to contract with, and to have the state pay pursuant to division | 2636 |
| (E)(2) of this section for the services of, private legal counsel | 2637 |
| to represent the Ohio public defender commission, the state public | 2638 |
| defender, assistant state public defenders, other employees of the | 2639 |
| commission or the state public defender, and attorneys described | 2640 |
| in division (C) of section 120.41 of the Revised Code in a | 2641 |
| malpractice or other civil action or proceeding that arises from | 2642 |
| alleged actions or omissions related to responsibilities derived | 2643 |
| pursuant to this chapter, or in a civil action that is based upon | 2644 |
| alleged violations of the constitution or statutes of the United | 2645 |
| States, including section 1983 of Title 42 of the United States | 2646 |
| Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 2647 |
| arises from alleged actions or omissions related to | 2648 |
| responsibilities derived pursuant to this chapter, if the state | 2649 |
| public defender determines, in good faith, that the defendant in | 2650 |
| the civil action or proceeding did not act manifestly outside the | 2651 |
| scope of the defendant's employment or official responsibilities, | 2652 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 2653 |
| manner. If the state public defender elects not to contract | 2654 |
| pursuant to this division for private legal counsel in a civil | 2655 |
| action or proceeding, then, in accordance with sections 109.02, | 2656 |
| 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 2657 |
| attorney general shall represent or provide for the representation | 2658 |
| of the Ohio public defender commission, the state public defender, | 2659 |
| assistant state public defenders, other employees of the | 2660 |
| commission or the state public defender, or attorneys described in | 2661 |
| division (C) of section 120.41 of the Revised Code in the civil | 2662 |
| action or proceeding. | 2663 |
| (2)(a) Subject to division (E)(2)(b) of this section, payment | 2664 |
| from the state treasury for the services of private legal counsel | 2665 |
| with whom the state public defender has contracted pursuant to | 2666 |
| division (E)(1) of this section shall be accomplished only through | 2667 |
| the following procedure: | 2668 |
| (i) The private legal counsel shall file with the attorney | 2669 |
| general a copy of the contract; a request for an award of legal | 2670 |
| fees, court costs, and expenses earned or incurred in connection | 2671 |
| with the defense of the Ohio public defender commission, the state | 2672 |
| public defender, an assistant state public defender, an employee, | 2673 |
| or an attorney in a specified civil action or proceeding; a | 2674 |
| written itemization of those fees, costs, and expenses, including | 2675 |
| the signature of the state public defender and the state public | 2676 |
| defender's attestation that the fees, costs, and expenses were | 2677 |
| earned or incurred pursuant to division (E)(1) of this section to | 2678 |
| the best of the state public defender's knowledge and information; | 2679 |
| a written statement whether the fees, costs, and expenses are for | 2680 |
| all legal services to be rendered in connection with that defense, | 2681 |
| are only for legal services rendered to the date of the request | 2682 |
| and additional legal services likely will have to be provided in | 2683 |
| connection with that defense, or are for the final legal services | 2684 |
| rendered in connection with that defense; a written statement | 2685 |
| indicating whether the private legal counsel previously submitted | 2686 |
| a request for an award under division (E)(2) of this section in | 2687 |
| connection with that defense and, if so, the date and the amount | 2688 |
| of each award granted; and, if the fees, costs, and expenses are | 2689 |
| for all legal services to be rendered in connection with that | 2690 |
| defense or are for the final legal services rendered in connection | 2691 |
| with that defense, a certified copy of any judgment entry in the | 2692 |
| civil action or proceeding or a signed copy of any settlement | 2693 |
| agreement entered into between the parties to the civil action or | 2694 |
| proceeding. | 2695 |
| (ii) Upon receipt of a request for an award of legal fees, | 2696 |
| court costs, and expenses and the requisite supportive | 2697 |
| documentation described in division (E)(2)(a)(i) of this section, | 2698 |
| the attorney general shall review the request and documentation; | 2699 |
| determine whether any of the limitations specified in division | 2700 |
| (E)(2)(b) of this section apply to the request; and, if an award | 2701 |
| of legal fees, court costs, or expenses is permissible after | 2702 |
| applying the limitations, prepare a document awarding legal fees, | 2703 |
| court costs, or expenses to the private legal counsel. The | 2704 |
| document shall name the private legal counsel as the recipient of | 2705 |
| the award; specify the total amount of the award as determined by | 2706 |
| the attorney general; itemize the portions of the award that | 2707 |
| represent legal fees, court costs, and expenses; specify any | 2708 |
| limitation applied pursuant to division (E)(2)(b) of this section | 2709 |
| to reduce the amount of the award sought by the private legal | 2710 |
| counsel; state that the award is payable from the state treasury | 2711 |
| pursuant to division (E)(2)(a)(iii) of this section; and be | 2712 |
| approved by the inclusion of the signatures of the attorney | 2713 |
| general, the state public defender, and the private legal counsel. | 2714 |
| (iii) The attorney general shall forward a copy of the | 2715 |
| document prepared pursuant to division (E)(2)(a)(ii) of this | 2716 |
| section to the director of budget and management. The award of | 2717 |
| legal fees, court costs, or expenses shall be paid out of the | 2718 |
| state public defender's appropriations, to the extent there is a | 2719 |
| sufficient available balance in those appropriations. If the state | 2720 |
| public defender does not have a sufficient available balance in | 2721 |
| the state public defender's appropriations to pay the entire award | 2722 |
| of legal fees, court costs, or expenses, the director shall make | 2723 |
| application for a transfer of appropriations out of the emergency | 2724 |
| purposes account or any other appropriation for emergencies or | 2725 |
| contingencies in an amount equal to the portion of the award that | 2726 |
| exceeds the sufficient available balance in the state public | 2727 |
| defender's appropriations. A transfer of appropriations out of the | 2728 |
| emergency purposes account or any other appropriation for | 2729 |
| emergencies or contingencies shall be authorized if there are | 2730 |
| sufficient moneys greater than the sum total of then pending | 2731 |
| emergency purposes account requests, or requests for releases from | 2732 |
| the other appropriation. If a transfer of appropriations out of | 2733 |
| the emergency purposes account or other appropriation for | 2734 |
| emergencies or contingencies is made to pay an amount equal to the | 2735 |
| portion of the award that exceeds the sufficient available balance | 2736 |
| in the state public defender's appropriations, the director shall | 2737 |
| cause the payment to be made to the private legal counsel. If | 2738 |
| sufficient moneys do not exist in the emergency purposes account | 2739 |
| or other appropriation for emergencies or contingencies to pay an | 2740 |
| amount equal to the portion of the award that exceeds the | 2741 |
| sufficient available balance in the state public defender's | 2742 |
| appropriations, the private legal counsel shall request the | 2743 |
| general assembly to make an appropriation sufficient to pay an | 2744 |
| amount equal to the portion of the award that exceeds the | 2745 |
| sufficient available balance in the state public defender's | 2746 |
| appropriations, and no payment in that amount shall be made until | 2747 |
| the appropriation has been made. The private legal counsel shall | 2748 |
| make the request during the current biennium and during each | 2749 |
| succeeding biennium until a sufficient appropriation is made. | 2750 |
| (b) An award of legal fees, court costs, and expenses | 2751 |
| pursuant to division (E) of this section is subject to the | 2752 |
| following limitations: | 2753 |
| (i) The maximum award or maximum aggregate of a series of | 2754 |
| awards of legal fees, court costs, and expenses to the private | 2755 |
| legal counsel in connection with the defense of the Ohio public | 2756 |
| defender commission, the state public defender, an assistant state | 2757 |
| public defender, an employee, or an attorney in a specified civil | 2758 |
| action or proceeding shall not exceed fifty thousand dollars. | 2759 |
| (ii) The private legal counsel shall not be awarded legal | 2760 |
| fees, court costs, or expenses to the extent the fees, costs, or | 2761 |
| expenses are covered by a policy of malpractice or other | 2762 |
| insurance. | 2763 |
| (iii) The private legal counsel shall be awarded legal fees | 2764 |
| and expenses only to the extent that the fees and expenses are | 2765 |
| reasonable in light of the legal services rendered by the private | 2766 |
| legal counsel in connection with the defense of the Ohio public | 2767 |
| defender commission, the state public defender, an assistant state | 2768 |
| public defender, an employee, or an attorney in a specified civil | 2769 |
| action or proceeding. | 2770 |
| (c) If, pursuant to division (E)(2)(a) of this section, the | 2771 |
| attorney general denies a request for an award of legal fees, | 2772 |
| court costs, or expenses to private legal counsel because of the | 2773 |
| application of a limitation specified in division (E)(2)(b) of | 2774 |
| this section, the attorney general shall notify the private legal | 2775 |
| counsel in writing of the denial and of the limitation applied. | 2776 |
| (d) If, pursuant to division (E)(2)(c) of this section, a | 2777 |
| private legal counsel receives a denial of an award notification | 2778 |
| or if a private legal counsel refuses to approve a document under | 2779 |
| division (E)(2)(a)(ii) of this section because of the proposed | 2780 |
| application of a limitation specified in division (E)(2)(b) of | 2781 |
| this section, the private legal counsel may commence a civil | 2782 |
| action against the attorney general in the court of claims to | 2783 |
| prove the private legal counsel's entitlement to the award sought, | 2784 |
| to prove that division (E)(2)(b) of this section does not prohibit | 2785 |
| or otherwise limit the award sought, and to recover a judgment for | 2786 |
| the amount of the award sought. A civil action under division | 2787 |
| (E)(2)(d) of this section shall be commenced no later than two | 2788 |
| years after receipt of a denial of award notification or, if the | 2789 |
| private legal counsel refused to approve a document under division | 2790 |
| (E)(2)(a)(ii) of this section because of the proposed application | 2791 |
| of a limitation specified in division (E)(2)(b) of this section, | 2792 |
| no later than two years after the refusal. Any judgment of the | 2793 |
| court of claims in favor of the private legal counsel shall be | 2794 |
| paid from the state treasury in accordance with division (E)(2)(a) | 2795 |
| of this section. | 2796 |
| (F) If a court appoints the office of the state public | 2797 |
| defender to represent a petitioner in a postconviction relief | 2798 |
| proceeding under section 2953.21 of the Revised Code, the | 2799 |
| petitioner has received a sentence of death, and the proceeding | 2800 |
| relates to that sentence, all of the attorneys who represent the | 2801 |
| petitioner in the proceeding pursuant to the appointment, whether | 2802 |
| an assistant state public defender, the state public defender, or | 2803 |
| another attorney, shall be certified under Rule 20 of the Rules of | 2804 |
| Superintendence for the Courts of Ohio to represent indigent | 2805 |
| defendants charged with or convicted of an offense for which the | 2806 |
| death penalty can be or has been imposed. | 2807 |
| (G) As used in this section: | 2808 |
| (1) "Community control sanction" has the same meaning as in | 2809 |
| section 2929.01 of the Revised Code. | 2810 |
| (2) "Post-release control sanction" has the same meaning as | 2811 |
| in section 2967.01 of the Revised Code. | 2812 |
| Sec. 120.13. (A) The county commissioners in any county may | 2813 |
| establish a county public defender commission. The commission | 2814 |
| shall have five members, three of whom shall be appointed by the | 2815 |
| board of county commissioners, and two by the judge, or the | 2816 |
| presiding judge if there is one, of the court of common pleas of | 2817 |
| the county. At least one member appointed by each of these | 2818 |
| appointing bodies shall be an attorney admitted to the practice of | 2819 |
| law in this state. | 2820 |
| (B) The board of county commissioners shall select a specific | 2821 |
| day for the county public defender commission to be established | 2822 |
| and on which all members' appointments shall take effect, and | 2823 |
| shall notify the Ohio public defender commission of the date. | 2824 |
| (C) Of the initial appointments made to the county public | 2825 |
| defender commission, two appointments by the county commissioners | 2826 |
| and one appointment by the court shall be for a term of two years | 2827 |
| ending two years after the date the commission is established, and | 2828 |
| one appointment by each of the appointing bodies shall be for a | 2829 |
| term ending four years after the date the commission is | 2830 |
| established. Thereafter, terms of office shall be for four years, | 2831 |
| each term ending on the same day of the same month of the year as | 2832 |
| did the term which it succeeds. Each member shall hold office from | 2833 |
| the date of | 2834 |
| the member was appointed. Any member appointed to fill a vacancy | 2835 |
| occurring prior to the expiration of the term for which
| 2836 |
| member's predecessor was appointed shall hold office for the | 2837 |
| remainder of such term. Any member shall continue in office | 2838 |
| subsequent to
the expiration date of | 2839 |
| 2840 | |
| elapsed, whichever occurs first. | 2841 |
| (D) The members of the commission shall choose as | 2842 |
| chairperson one of the commission members, who shall serve as | 2843 |
| 2844 | |
| least quarterly and at such
other times as called by the | 2845 |
| chairperson or by request of the county public defender. Members | 2846 |
| of the commission may receive an amount fixed by the county | 2847 |
| commissioners, but not in excess of the amounts set for the | 2848 |
| members of the Ohio public defender commission pursuant to section | 2849 |
| 124.14 of the Revised Code per diem for every meeting of the board | 2850 |
| they attend, and necessary expenses including mileage for each | 2851 |
| mile necessarily traveled. | 2852 |
| (E) The county commissioners may terminate the county public | 2853 |
| defender commission at any time if at least ninety days prior to | 2854 |
| termination, the commissioners notify the Ohio public defender | 2855 |
| commission in writing of the termination date. Upon the | 2856 |
| termination date all pending county public defender matters shall | 2857 |
| be transferred to the state public defender, a joint county public | 2858 |
| defender, or appointed counsel. | 2859 |
| (F) | 2860 |
| matters assumed by the state public defender shall be charged to | 2861 |
| the counties in accordance with division (D) of section 120.06 of | 2862 |
| the Revised Code. | 2863 |
| Sec. 120.23. (A) The boards of county commissioners in two | 2864 |
| or more adjoining or neighboring counties may form themselves into | 2865 |
| a joint board and proceed to organize a district for the | 2866 |
| establishment of a joint county public defender commission. The | 2867 |
| commission shall have three members from each county, who shall be | 2868 |
| appointed by the board of county commissioners of the county. | 2869 |
| (B) The boards shall agree on a specific date for the joint | 2870 |
| county public defender commission to be established, on which date | 2871 |
| the appointments of all members shall take effect. The joint board | 2872 |
| shall notify the Ohio public defender commission of the date. | 2873 |
| (C) Of the initial appointments made by each county to the | 2874 |
| joint county public defender commission, one appointment shall be | 2875 |
| for a term of one year ending one year after the date the | 2876 |
| commission is established, one appointment shall be for a term of | 2877 |
| two years ending two years after the date the commission is | 2878 |
| established, and one appointment shall be for a period of three | 2879 |
| years, ending three years after the date the commission is | 2880 |
| established. Thereafter, terms of office shall be for three years, | 2881 |
| each term ending on the same day of the same month of the year as | 2882 |
| did the term which it succeeds. Each member shall hold office from | 2883 |
| the date of | 2884 |
| the member was appointed. Any member appointed to fill a vacancy | 2885 |
| occurring prior to the expiration of the term for which
| 2886 |
| member's predecessor was appointed shall hold office for the | 2887 |
| remainder of the term. Any member shall continue in office | 2888 |
| subsequent to
the expiration date of | 2889 |
| 2890 | |
| elapsed, whichever occurs first. | 2891 |
| (D) The members of the commission shall choose as | 2892 |
| chairperson one of the commission members, who shall serve as | 2893 |
| 2894 | |
| least quarterly and at such
other times as called by the | 2895 |
| chairperson or by request of the joint county public defender. | 2896 |
| Members of the commission may receive an amount fixed by the | 2897 |
| agreement of the boards of commissioners of the counties in the | 2898 |
| district, but not in excess of the amount set for the members of | 2899 |
| the Ohio public defender commission pursuant to section 124.14 of | 2900 |
| the Revised Code per diem for every meeting of the commission they | 2901 |
| attend, and necessary expenses including mileage for each mile | 2902 |
| necessarily traveled. | 2903 |
| (E) The agreement of the boards of county commissioners | 2904 |
| establishing the joint county public defender commission shall | 2905 |
| provide for the allocation of the proportion of expenses to be | 2906 |
| paid by each county, which may be based upon population, number of | 2907 |
| cases, or such other factors as the commissioners determine to be | 2908 |
| appropriate. The county commissioners may amend their agreement | 2909 |
| from time to time to provide for a different allocation of the | 2910 |
| proportion of expenses to be paid by each county. | 2911 |
| (F) The county auditor of the county | 2912 |
| population is hereby designated as the fiscal officer of a joint | 2913 |
| county public defender district organized under this section. The | 2914 |
| county auditors of the several counties composing the joint county | 2915 |
| public defender commission district shall meet at the commission | 2916 |
| office not less than once in each six months, to adjust accounts | 2917 |
| and to transact such other duties in connection with the | 2918 |
| commission as pertain to the business of their office. | 2919 |
| (G) Each member of the board of county commissioners who | 2920 |
| meets by appointment to consider the organization of a joint | 2921 |
| county public defender commission shall, upon presentation of | 2922 |
|
properly certified accounts, be paid | 2923 |
|
expenses upon
a warrant drawn by the county auditor of | 2924 |
| member's county. | 2925 |
| (H) The board of county commissioners of any county within a | 2926 |
| joint county public defender commission district may withdraw from | 2927 |
| the district. Such withdrawal shall not be effective until at | 2928 |
| least ninety days after the board has notified the Ohio public | 2929 |
| defender commission, the joint county public defender commission | 2930 |
| of the district, and each board of county commissioners in the | 2931 |
| district, in writing of the termination date. The failure of a | 2932 |
| board of county commissioners to approve an annual operating | 2933 |
| budget for the office of the joint county public defender as | 2934 |
| provided in division (C)(1) of section 120.24 of the Revised Code | 2935 |
| constitutes a notice of withdrawal by the county from the | 2936 |
| district, effective on the ninetieth day after commencement of the | 2937 |
| next fiscal year. Upon the termination date, all joint county | 2938 |
| public defender matters relating to the withdrawing county shall | 2939 |
| be transferred to the state public defender, a county public | 2940 |
| defender, or appointed counsel. | 2941 |
| (I) | 2942 |
| matters assumed by the state public defender shall be charged to | 2943 |
| the counties in accordance with division (D) of section 120.06 of | 2944 |
| the Revised Code. | 2945 |
| Members of the joint county public defender commission who | 2946 |
| are residents of a county withdrawing from such district are | 2947 |
| deemed to have resigned their positions upon the completion of the | 2948 |
| withdrawal procedure provided by this section. Vacancies thus | 2949 |
| created shall not be filled. | 2950 |
| If two or more counties remain within the district after the | 2951 |
| withdrawal, the boards of county commissioners of the remaining | 2952 |
| adjoining or neighboring counties may agree to continue the | 2953 |
| operation of the joint county public defender commission and to | 2954 |
| reallocate the proportionate share of expenses to be paid by each | 2955 |
| participating county. | 2956 |
| Sec. 120.36. (A) If a person who is a defendant in a criminal | 2957 |
| case requests or is provided a state public defender, a county or | 2958 |
| joint county public defender, or any other counsel appointed by | 2959 |
| the court, the court in which the criminal case is filed shall | 2960 |
| assess, unless the application fee is waived or reduced, a | 2961 |
| non-refundable application fee of twenty-five dollars. | 2962 |
| The court shall direct the person to pay the application fee | 2963 |
| to the clerk of court. The person shall pay the application fee at | 2964 |
| the time the person files an affidavit of indigency or a financial | 2965 |
| disclosure form with the court or within seven days of that date. | 2966 |
| If the person does not pay the application fee within that | 2967 |
| seven-day period, the court shall assess the application fee at | 2968 |
| sentencing or at the final disposition of the case. | 2969 |
| The court shall assess an application fee pursuant to this | 2970 |
| section one time per case. It may waive or reduce the fee upon a | 2971 |
| finding that the person lacks financial resources that are | 2972 |
| sufficient to pay the fee. | 2973 |
| (B) No court, state public defender, or county or joint | 2974 |
| county public defender shall deny a person the assistance of | 2975 |
| counsel solely due to the person's failure to pay the application | 2976 |
| fee assessed pursuant to division (A) of this section. A person's | 2977 |
| present inability, failure, or refusal to pay the application fee | 2978 |
| shall not disqualify that person from legal representation. | 2979 |
| (C) The application fee assessed pursuant to division (A) of | 2980 |
| this section is separate from and in addition to any other amount | 2981 |
| assessed against a person who is found to be able to contribute | 2982 |
| toward the cost of the person's legal representation pursuant to | 2983 |
| division (D) of section 2941.51 of the Revised Code. | 2984 |
| (D) The clerk of court shall forward all application fees | 2985 |
| collected pursuant to this section to the county treasurer for | 2986 |
| deposit in the county treasury. The county shall retain eighty per | 2987 |
| cent of the application fees so collected to offset the costs of | 2988 |
| providing legal representation to indigent persons. Each month, | 2989 |
| the county auditor shall remit twenty per cent of the application | 2990 |
| fees so collected to the state public defender. The state public | 2991 |
| defender shall deposit the remitted fees into the state treasury | 2992 |
| to the credit of the client payment fund created pursuant to | 2993 |
| division (B)(5) of section 120.04 of the Revised Code. The state | 2994 |
| public defender may use that money in accordance with that | 2995 |
| section. | 2996 |
| (E) On or before the first day of March of each year, each | 2997 |
| clerk of court shall provide to the state public defender and the | 2998 |
| state auditor a report including all of the following: | 2999 |
| (1) The number of persons who requested or were provided a | 3000 |
| state public defender, county or joint county public defender, or | 3001 |
| other counsel appointed by the court; | 3002 |
| (2) The number of persons for whom the court waived the | 3003 |
| application fee pursuant to division (A) of this section; | 3004 |
| (3) The dollar value of the assessed application fees | 3005 |
| pursuant to division (A) of this section in the previous year; | 3006 |
| (4) The amount of assessed application fees collected in the | 3007 |
| previous year; | 3008 |
| (5) The balance of unpaid assessed application fees at the | 3009 |
| open and close of the previous year. | 3010 |
| (F) As used in this section: | 3011 |
| (1) "Clerk of court" means the clerk of the court of common | 3012 |
| pleas of the county, the clerk of the juvenile court of the | 3013 |
| county, the clerk of a municipal court in the county, the clerk of | 3014 |
| a county-operated municipal court, or the clerk of a county court | 3015 |
| in the county, whichever is applicable. | 3016 |
| (2) "County-operated municipal court" has the same meaning as | 3017 |
| in section 1901.03 of the Revised Code. | 3018 |
| Sec. 120.52. There is hereby established in the state | 3019 |
| treasury the legal aid fund, which shall be for the charitable | 3020 |
| public purpose of providing financial assistance to legal aid | 3021 |
| societies that provide civil legal services to indigents. The fund | 3022 |
| shall contain all funds credited to it by the treasurer of state | 3023 |
| pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09 | 3024 |
| and 4705.10 of the Revised Code and income from investment | 3025 |
| credited to it by the treasurer of state in accordance with this | 3026 |
| section. | 3027 |
| The treasurer of state may invest moneys contained in the | 3028 |
| legal aid fund in any manner authorized by the Revised Code for | 3029 |
| the investment of state moneys. However, no such investment shall | 3030 |
| interfere with any apportionment, allocation, or payment of moneys | 3031 |
| in January and July of each calendar year, as required by section | 3032 |
| 120.53 of the Revised Code. All income earned as a result of any | 3033 |
| such investment shall be credited to the fund. | 3034 |
| The state public defender, through the Ohio legal assistance | 3035 |
| foundation, shall administer the payment of moneys out of the | 3036 |
| fund. Four and one-half per cent of the moneys in the fund shall | 3037 |
| be reserved for the actual, reasonable costs of administering | 3038 |
| sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 3039 |
| 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 3040 |
| are reserved for administrative costs but that are not used for | 3041 |
| actual, reasonable administrative costs shall be set aside for use | 3042 |
| in the manner described in division (A) of section 120.521 of the | 3043 |
| Revised Code. The remainder of the moneys in the legal aid fund | 3044 |
| shall be distributed in accordance with section 120.53 of the | 3045 |
| Revised Code. The Ohio legal assistance foundation shall establish | 3046 |
| rules governing the administration of the legal aid fund, | 3047 |
| including the
| 3048 |
| 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 3049 |
| Code regarding interest on interest-bearing trust accounts of an | 3050 |
| attorney, law firm, or legal professional association. | 3051 |
| Sec. 120.53. (A) A legal aid society that operates within | 3052 |
| the state may apply to the Ohio legal assistance foundation for | 3053 |
| financial assistance from the legal aid fund established by | 3054 |
| section 120.52 of the Revised Code to be used for the funding of | 3055 |
| the society during the calendar year following the calendar year | 3056 |
| in which application is made. | 3057 |
| (B) An application for financial assistance made under | 3058 |
| division (A) of this section shall be submitted by the first day | 3059 |
| of November of the calendar year preceding the calendar year for | 3060 |
| which financial assistance is desired and shall include all of the | 3061 |
| following: | 3062 |
| (1) Evidence that the applicant is incorporated in this state | 3063 |
| as a nonprofit corporation; | 3064 |
| (2) A list of the trustees of the applicant; | 3065 |
| (3) The proposed budget of the applicant for these funds for | 3066 |
| the following calendar year; | 3067 |
| (4) A summary of the services to be offered by the applicant | 3068 |
| in the following calendar year; | 3069 |
| (5) A specific description of the territory or constituency | 3070 |
| served by the applicant; | 3071 |
| (6) An estimate of the number of persons to be served by the | 3072 |
| applicant during the following calendar year; | 3073 |
| (7) A general description of the additional sources of the | 3074 |
| applicant's funding; | 3075 |
| (8) The amount of the applicant's total budget for the | 3076 |
| calendar year in which the application is filed that it will | 3077 |
| expend in that calendar year for legal services in each of the | 3078 |
| counties it serves; | 3079 |
| (9) A specific description of any services, programs, | 3080 |
| training, and legal technical assistance to be delivered by the | 3081 |
| applicant or by another person pursuant to a contract with the | 3082 |
| applicant, including, but not limited to, by private attorneys or | 3083 |
| through reduced fee plans, judicare panels, organized pro bono | 3084 |
| programs, and mediation programs. | 3085 |
| (C) The Ohio legal assistance foundation shall determine | 3086 |
| whether each applicant that filed an application for financial | 3087 |
| assistance under division (A) of this section in a calendar year | 3088 |
| is eligible for financial assistance under this section. To be | 3089 |
| eligible for such financial assistance, an applicant shall satisfy | 3090 |
| the criteria for being a legal aid society and shall be in | 3091 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 3092 |
| Revised Code and with the rules and requirements the foundation | 3093 |
| establishes pursuant to section 120.52 of the Revised Code. The | 3094 |
| Ohio legal assistance foundation then, on or before the fifteenth | 3095 |
| day of December of the calendar year in which the application is | 3096 |
| filed, shall notify each such applicant, in writing, whether it is | 3097 |
| eligible for financial assistance under this section, and if it is | 3098 |
| eligible, estimate the amount that will be available for that | 3099 |
| applicant for each six-month distribution period, as determined | 3100 |
| under division (D) of this section. | 3101 |
| (D) The Ohio legal assistance foundation shall allocate | 3102 |
| moneys contained in the legal aid fund twice each year for | 3103 |
| distribution to applicants that filed their applications in the | 3104 |
| previous calendar year and were determined to be eligible | 3105 |
| applicants. | 3106 |
| All moneys contained in the fund on the first day of January | 3107 |
| of a calendar year shall be allocated, after deduction of the | 3108 |
| costs of administering sections 120.51 to 120.55 and sections | 3109 |
| 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the | 3110 |
| Revised Code that are authorized by section 120.52 of the Revised | 3111 |
| Code, according to this section and shall be distributed | 3112 |
| accordingly on the thirty-first day of January of that calendar | 3113 |
| year, and all moneys contained in the fund on the first day of | 3114 |
| July of that calendar year shall be allocated, after deduction of | 3115 |
| the costs of administering those sections that are authorized by | 3116 |
| section 120.52 of the Revised Code, according to this section and | 3117 |
| shall be distributed accordingly on the thirty-first day of July | 3118 |
| of that calendar year. In making the allocations under this | 3119 |
| section, the moneys in the fund that were generated pursuant to | 3120 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 3121 |
| 4705.10 of the Revised Code and all income generated from the | 3122 |
| investment of such moneys shall be apportioned as follows: | 3123 |
| (1) After deduction of the amount authorized and used for | 3124 |
| actual, reasonable administrative costs under section 120.52 of | 3125 |
| the Revised Code: | 3126 |
| (a) Five per cent of the moneys remaining in the fund | 3127 |
| 3128 | |
| 3129 | |
| shall be reserved for use in the manner described in division (A) | 3130 |
| of section 120.521 of the Revised Code or for distribution to | 3131 |
| legal aid societies that provide assistance to special population | 3132 |
| groups of their eligible clients, engage in special projects that | 3133 |
| have a substantial impact on their local service area or on | 3134 |
| significant segments of the state's poverty population, or provide | 3135 |
| legal training or support to other legal aid societies in the | 3136 |
| state; | 3137 |
| (b) After deduction of the amount described in division | 3138 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 3139 |
| moneys remaining in the fund shall be apportioned among entities | 3140 |
| that received financial assistance from the legal aid fund prior | 3141 |
| to the effective date of this amendment but that, on and after the | 3142 |
| effective date of this amendment, no longer qualify as a legal aid | 3143 |
| society that is eligible for financial assistance under this | 3144 |
| section. | 3145 |
| (c) After deduction of the amounts described in divisions | 3146 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 3147 |
| remaining in the fund shall be placed in the legal assistance | 3148 |
| foundation fund for use in the manner described in division (A) of | 3149 |
| section 120.521 of the Revised Code. | 3150 |
| (2) After deduction of the actual, reasonable administrative | 3151 |
| costs under section 120.52 of the Revised Code and after deduction | 3152 |
| of the amounts identified in | 3153 |
| (b), and (c) of this section, the remaining moneys shall be | 3154 |
| apportioned among the counties that are served by eligible legal | 3155 |
| aid societies that have applied for financial assistance under | 3156 |
| this section so that each such county is apportioned a portion of | 3157 |
| those moneys, based upon the ratio of the number of indigents who | 3158 |
| reside in that county to the total number of indigents who reside | 3159 |
| in all counties of this state that are served by eligible legal | 3160 |
| aid societies that have applied for financial assistance under | 3161 |
| this section. Subject to division (E) of this section, the moneys | 3162 |
| apportioned to a county under this division then shall be | 3163 |
| allocated to the eligible legal aid society that serves the county | 3164 |
| and that has applied for financial assistance under this section. | 3165 |
| For purposes of this division, the source of data identifying the | 3166 |
| number of indigent persons who reside in a county shall be the | 3167 |
| most recent decennial census figures from the United States | 3168 |
| department of commerce, division of census. | 3169 |
| (E) If the Ohio legal assistance foundation, in attempting to | 3170 |
| make an allocation of moneys under division (D)(2) of this | 3171 |
| section, determines that a county that has been apportioned money | 3172 |
| under that division is served by more than one eligible legal aid | 3173 |
| society that has applied for financial assistance under this | 3174 |
| section, the Ohio legal assistance foundation shall allocate the | 3175 |
| moneys that have been apportioned to that county under division | 3176 |
| (D)(2) of this section among all eligible legal aid societies that | 3177 |
| serve that county and that have applied for financial assistance | 3178 |
| under this section on a pro rata basis, so that each such eligible | 3179 |
| society is allocated a portion based upon the amount of its total | 3180 |
| budget expended in the prior calendar year for legal services in | 3181 |
| that county as compared to the total amount expended in the prior | 3182 |
| calendar year for legal services in that county by all eligible | 3183 |
| legal aid societies that serve that county and that have applied | 3184 |
| for financial assistance under this section. | 3185 |
| (F) Moneys allocated to eligible applicants under this | 3186 |
| section shall be paid twice annually, on the thirty-first day of | 3187 |
| January and on the thirty-first day of July of the calendar year | 3188 |
| following the calendar year in which the application is filed. | 3189 |
| (G)(1) A legal aid society that receives financial assistance | 3190 |
| in any calendar year under this section shall file an annual | 3191 |
| report with the Ohio legal assistance foundation detailing the | 3192 |
| number and types of cases handled, and the amount and types of | 3193 |
| legal training, legal technical assistance, and other service | 3194 |
| provided, by means of that financial assistance. No information | 3195 |
| contained in the report shall identify or enable the | 3196 |
| identification of any person served by the legal aid society or in | 3197 |
| any way breach client confidentiality. | 3198 |
| (2) The Ohio legal assistance foundation shall make an annual | 3199 |
| report to the governor, the general assembly, and the supreme | 3200 |
| court on the distribution and use of the legal aid fund. The | 3201 |
| foundation also shall include in the annual report an audited | 3202 |
| financial statement of all gifts, bequests, donations, | 3203 |
| contributions, and other moneys the foundation receives. No | 3204 |
| information contained in the report shall identify or enable the | 3205 |
| identification of any person served by a legal aid society, or in | 3206 |
| any way breach confidentiality. | 3207 |
| (H) A legal aid society may enter into agreements for the | 3208 |
| provision of services, programs, training, or legal technical | 3209 |
| assistance for the legal aid society or to indigent persons. | 3210 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 3211 |
| and children first cabinet council. The council shall be composed | 3212 |
| of the superintendent of public instruction and the directors of | 3213 |
| youth services, job and family services, mental health, health, | 3214 |
| alcohol and drug addiction services, mental retardation and | 3215 |
| developmental disabilities, and budget and management. The | 3216 |
| chairperson of the council shall be the governor or the governor's | 3217 |
| designee and shall establish procedures for the council's internal | 3218 |
| control and management. | 3219 |
| (2) The purpose of the cabinet council is to help families | 3220 |
| seeking government services. This section shall not be interpreted | 3221 |
| or applied to usurp the role of parents, but solely to streamline | 3222 |
| and coordinate existing government services for families seeking | 3223 |
| assistance for their children. | 3224 |
| In seeking to fulfill its purpose, the council may do any of | 3225 |
| the following: | 3226 |
| (a) Advise and make recommendations to the governor and | 3227 |
| general assembly regarding the provision of services to children; | 3228 |
| (b) Advise and assess local governments on the coordination | 3229 |
| of service delivery to children; | 3230 |
| (c) Hold meetings at such times and places as may be | 3231 |
| prescribed by the council's procedures and maintain records of the | 3232 |
| meetings, except that records identifying individual children are | 3233 |
| confidential and shall be disclosed only as provided by law; | 3234 |
| (d) Develop programs and projects, including pilot projects, | 3235 |
| to encourage coordinated efforts at the state and local level to | 3236 |
| improve the state's social service delivery system; | 3237 |
| (e) Enter into contracts with and administer grants to county | 3238 |
| family and children first councils, as well as other county or | 3239 |
| multicounty organizations to plan and coordinate service delivery | 3240 |
| between state agencies and local service providers for families | 3241 |
| and children; | 3242 |
| (f) Enter into contracts with and apply for grants from | 3243 |
| federal agencies or private organizations; | 3244 |
| (g) Enter into interagency agreements to encourage | 3245 |
| coordinated efforts at the state and local level to improve the | 3246 |
| state's social service delivery system. The agreements may include | 3247 |
| provisions regarding the receipt, transfer, and expenditure of | 3248 |
| funds; | 3249 |
| (h) Identify public and private funding sources for services | 3250 |
| provided to alleged or adjudicated unruly children and children | 3251 |
| who are at risk of being alleged or adjudicated unruly children, | 3252 |
| including regulations governing access to and use of the services; | 3253 |
| (i) Collect information provided by local communities | 3254 |
| regarding successful programs for prevention, intervention, and | 3255 |
| treatment of unruly behavior, including evaluations of the | 3256 |
| programs; | 3257 |
| (j) Identify and disseminate publications regarding alleged | 3258 |
| or adjudicated unruly children and children who are at risk of | 3259 |
| being alleged or adjudicated unruly children and regarding | 3260 |
| programs serving those types of children; | 3261 |
| (k) Maintain an inventory of strategic planning facilitators | 3262 |
| for use by government or nonprofit entities that serve alleged or | 3263 |
| adjudicated unruly children or children who are at risk of being | 3264 |
| alleged or adjudicated unruly children. | 3265 |
| (3) The cabinet council shall provide for the following: | 3266 |
| (a) Reviews of service and treatment plans for children for | 3267 |
| which such reviews are requested; | 3268 |
| (b) Assistance as the council determines to be necessary to | 3269 |
| meet the needs of children referred by county family and children | 3270 |
| first councils; | 3271 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 3272 |
| coordinated, multi-disciplinary, interagency system for infants | 3273 |
| and toddlers with developmental disabilities or delays and their | 3274 |
| families, as established pursuant to federal grants received and | 3275 |
| administered by the department of health for early intervention | 3276 |
| services under the "Education of the Handicapped Act Amendments of | 3277 |
| 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended. | 3278 |
| (B)(1) Each board of county commissioners shall establish a | 3279 |
| county family and children first council. The board may invite any | 3280 |
| local public or private agency or group that funds, advocates, or | 3281 |
| provides services to children and families to have a | 3282 |
| representative become a permanent or temporary member of its | 3283 |
| county council. Each county council must include the following | 3284 |
| individuals: | 3285 |
| (a) At least three individuals who do not have an immediate | 3286 |
| family member who is employed by an agency represented on the | 3287 |
| council and whose families are or have received services from an | 3288 |
| agency represented on the council or another county's council. | 3289 |
| Where possible, the number of members representing families shall | 3290 |
| be equal to twenty per cent of the council's membership. | 3291 |
| (b) The director of the board of alcohol, drug addiction, and | 3292 |
| mental health services that serves the county, or, in the case of | 3293 |
| a county that has a board of alcohol and drug addiction services | 3294 |
| and a community mental
health board, the directors of
both boards | 3295 |
| 3296 | |
| 3297 | |
| 3298 |
| (c) The health commissioner | 3299 |
| of the board of health of each city and general health district in | 3300 |
| the county. If the county has two or more health districts, the | 3301 |
| health commissioner membership may be limited to the commissioners | 3302 |
| of the two districts with the largest populations. | 3303 |
| (d) The director of the county department of job and family | 3304 |
| services; | 3305 |
| (e) The executive director of the
| 3306 |
| 3307 | |
| 3308 |
| (f) The superintendent of the county board of mental | 3309 |
| retardation and developmental disabilities; | 3310 |
| (g) The county's juvenile court judge senior in service or | 3311 |
| another judge of the juvenile court designated by the | 3312 |
| administrative judge or, where there is no administrative judge, | 3313 |
| by the judge senior in service; | 3314 |
| (h) The superintendent of the city, exempted village, or | 3315 |
| local school district with the largest number of pupils residing | 3316 |
| in the county, as determined by the department of education, which | 3317 |
| shall notify each board of county commissioners of its | 3318 |
| determination at least biennially; | 3319 |
| (i) A school superintendent representing all other school | 3320 |
| districts with territory in the county, as designated at a | 3321 |
| biennial meeting of the superintendents of those districts; | 3322 |
| (j) A representative of the municipal corporation with the | 3323 |
| largest population in the county; | 3324 |
| (k) The president of the board of county
commissioners | 3325 |
| 3326 |
| (l) A representative of the regional office of the department | 3327 |
| of youth services; | 3328 |
| (m) A representative of the county's head start agencies, as | 3329 |
|
defined in section | 3330 |
| (n) A representative of the county's early intervention | 3331 |
| collaborative established pursuant to the federal early | 3332 |
| intervention program operated under the "Education of the | 3333 |
| Handicapped Act Amendments of 1986"; | 3334 |
| (o) A representative of a local nonprofit entity that funds, | 3335 |
| advocates, or provides services to children and families. | 3336 |
| Each member of a county council specified in division | 3337 |
| (B)(1)(b) to (n) of this section may designate an individual to | 3338 |
| serve on the county council for the member, except that a board of | 3339 |
| county commissioners, rather than the president of the board, may | 3340 |
| designate an individual to serve on the county council for the | 3341 |
| president. | 3342 |
| Notwithstanding any other provision of law, the public | 3343 |
| members of a county council are not prohibited from serving on the | 3344 |
| council and making decisions regarding the duties of the council, | 3345 |
| including those involving the funding of joint projects and those | 3346 |
| outlined in the county's service coordination mechanism | 3347 |
| implemented pursuant to division (C) of this section. | 3348 |
| The cabinet council shall establish a state appeals process | 3349 |
| to resolve disputes among the members of a county council | 3350 |
| concerning whether reasonable responsibilities as members are | 3351 |
| being shared. The appeals process may be accessed only by a | 3352 |
| majority vote of the council members who are required to serve on | 3353 |
| the council. Upon appeal, the cabinet council may order that state | 3354 |
| funds for services to children and families be redirected to a | 3355 |
| county's board of county commissioners. | 3356 |
| (2) A county council shall provide for the following: | 3357 |
| (a) Referrals to the cabinet council of those children for | 3358 |
| whom the county council cannot provide adequate services; | 3359 |
| (b) Development and implementation of a process that annually | 3360 |
| evaluates and prioritizes services, fills service gaps where | 3361 |
| possible, and invents new approaches to achieve better results for | 3362 |
| families and children; | 3363 |
| (c) Participation in the development of a countywide, | 3364 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 3365 |
| for infants and toddlers with developmental disabilities or delays | 3366 |
| and their families, as established pursuant to federal grants | 3367 |
| received and administered by the department of health for early | 3368 |
| intervention services under the "Education of the Handicapped Act | 3369 |
| Amendments of 1986"; | 3370 |
| (d) Maintenance of an accountability system to monitor the | 3371 |
| county council's progress in achieving results for families and | 3372 |
| children; | 3373 |
| (e) Establishment of a mechanism to ensure ongoing input from | 3374 |
| a broad representation of families who are receiving services | 3375 |
| within the county system. | 3376 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 3377 |
| section, a county council shall comply with the policies, | 3378 |
| procedures, and activities prescribed by the rules or interagency | 3379 |
| agreements of a state department participating on the cabinet | 3380 |
| council whenever the county council performs a function subject to | 3381 |
| those rules or agreements. | 3382 |
| (b) On application of a county council, the cabinet council | 3383 |
| may grant an exemption from any rules or interagency agreements of | 3384 |
| a state department participating on the council if an exemption is | 3385 |
| necessary for the council to implement an alternative program or | 3386 |
| approach for service delivery to families and children. The | 3387 |
| application shall describe the proposed program or approach and | 3388 |
| specify the rules or interagency agreements from which an | 3389 |
| exemption is necessary. The cabinet council shall approve or | 3390 |
| disapprove the application in accordance with standards and | 3391 |
| procedures it shall adopt. If an application is approved, the | 3392 |
| exemption is effective only while the program or approach is being | 3393 |
| implemented, including a reasonable period during which the | 3394 |
| program or approach is being evaluated for effectiveness. | 3395 |
| (4)(a) Each county council shall designate an administrative | 3396 |
| agent for the council from among the following public entities: | 3397 |
| the board of alcohol, drug addiction, and mental health services, | 3398 |
| including a board of alcohol and drug addiction or a community | 3399 |
| mental health board if the county is served by separate boards; | 3400 |
| the board of county commissioners; any board of health of the | 3401 |
| county's city and general health districts; the county department | 3402 |
| of job and family services; the county agency responsible for the | 3403 |
| administration of children services pursuant to section 5153.15 of | 3404 |
| the Revised Code; the county board of mental retardation and | 3405 |
| developmental disabilities; any of the county's boards of | 3406 |
| education or governing boards of educational service centers; or | 3407 |
| the county's juvenile court. Any of the foregoing public entities, | 3408 |
| other than the board of county commissioners, may decline to serve | 3409 |
| as the council's administrative agent. | 3410 |
| A county council's administrative agent shall serve as the | 3411 |
| council's appointing authority for any employees of the council. | 3412 |
| The council shall file an annual budget with its administrative | 3413 |
| agent, with copies filed with the county auditor and with the | 3414 |
| board of county commissioners, unless the board is serving as the | 3415 |
| council's administrative agent. The council's administrative agent | 3416 |
| shall ensure that all expenditures are handled in accordance with | 3417 |
| policies, procedures, and activities prescribed by state | 3418 |
| departments in rules or interagency agreements that are applicable | 3419 |
| to the council's functions. | 3420 |
| The administrative agent for a county council may do any of | 3421 |
| the following on behalf of the council: | 3422 |
| (i) Enter into agreements or administer contracts with public | 3423 |
| or private entities to fulfill specific council business. Such | 3424 |
| agreements and contracts are exempt from the competitive bidding | 3425 |
| requirements of section 307.86 of the Revised Code if they have | 3426 |
| been approved by the county council and they are for the purchase | 3427 |
| of family and child welfare or child protection services or other | 3428 |
| social or job and family services for families and children. The | 3429 |
| approval of the county council is not required to exempt | 3430 |
| agreements or contracts entered into under section 5139.34, | 3431 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 3432 |
| bidding requirements of section 307.86 of the Revised Code. | 3433 |
| (ii) As determined by the council, provide financial | 3434 |
| stipends, reimbursements, or both, to family representatives for | 3435 |
| expenses related to council activity; | 3436 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 3437 |
| lands, or other property for the purposes for which the council is | 3438 |
| established. The agent shall hold, apply, and dispose of the | 3439 |
| moneys, lands, or other property according to the terms of the | 3440 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 3441 |
| treated in the same manner and are subject to the same terms as | 3442 |
| the gift, grant, devise, or bequest from which it accrues. | 3443 |
| (b)(i) If the county council designates the board of county | 3444 |
| commissioners as its administrative agent, the board may, by | 3445 |
| resolution, delegate any of its powers and duties as | 3446 |
| administrative agent to an executive committee the board | 3447 |
| establishes from the membership of the county council. The board | 3448 |
| shall name to the executive committee at least the individuals | 3449 |
|
described in divisions (B)(1) | 3450 |
| section and may appoint the president of the board or another | 3451 |
| individual as the chair of the executive committee. | 3452 |
| (ii) The executive committee may, with the approval of the | 3453 |
| board, hire an executive director to assist the county council in | 3454 |
| administering its powers and duties. The executive director shall | 3455 |
| serve in the unclassified civil service at the pleasure of the | 3456 |
| executive committee. The executive director may, with the approval | 3457 |
| of the executive committee, hire other employees as necessary to | 3458 |
| properly conduct the county council's business. | 3459 |
| (iii) The board may require the executive committee to submit | 3460 |
| an annual budget to the board for approval and may amend or repeal | 3461 |
| the resolution that delegated to the executive committee its | 3462 |
| authority as the county council's administrative agent. | 3463 |
| (5) Two or more county councils may enter into an agreement | 3464 |
| to administer their county councils jointly by creating a regional | 3465 |
| family and children first council. A regional council possesses | 3466 |
| the same duties and authority possessed by a county council, | 3467 |
| except that the duties and authority apply regionally rather than | 3468 |
| to individual counties. Prior to entering into an agreement to | 3469 |
| create a regional council, the members of each county council to | 3470 |
| be part of the regional council shall meet to determine whether | 3471 |
| all or part of the members of each county council will serve as | 3472 |
| members of the regional council. | 3473 |
| (6) A board of county commissioners may approve a resolution | 3474 |
| by a majority vote of the board's members that requires the county | 3475 |
| council to submit a statement to the board each time the council | 3476 |
| proposes to enter into an agreement, adopt a plan, or make a | 3477 |
| decision, other than a decision pursuant to section 121.38 of the | 3478 |
| Revised Code, that requires the expenditure of funds for two or | 3479 |
| more families. The statement shall describe the proposed | 3480 |
| agreement, plan, or decision. | 3481 |
| Not later than fifteen days after the board receives the | 3482 |
| statement, it shall, by resolution approved by a majority of its | 3483 |
| members, approve or disapprove the agreement, plan, or decision. | 3484 |
| Failure of the board to pass a resolution during that time period | 3485 |
| shall be considered approval of the agreement, plan, or decision. | 3486 |
| An agreement, plan, or decision for which a statement is | 3487 |
| required to be submitted to the board shall be implemented only if | 3488 |
| it is approved by the board. | 3489 |
| (C) Each county shall develop a county service coordination | 3490 |
| mechanism. The mechanism shall be developed and approved with the | 3491 |
| participation of the county entities representing child welfare; | 3492 |
| mental retardation and developmental disabilities; alcohol, drug | 3493 |
| addiction, and mental health services; health; juvenile judges; | 3494 |
| education; the county family and children first council; and the | 3495 |
| county early intervention collaborative established pursuant to | 3496 |
| the federal early intervention program operated under the | 3497 |
| "Education of the Handicapped Act Amendments of 1986." The county | 3498 |
| shall establish an implementation schedule for the mechanism. The | 3499 |
| cabinet council may monitor the implementation and administration | 3500 |
| of each county's service coordination mechanism. | 3501 |
| Each mechanism shall include all of the following: | 3502 |
| (1) A procedure for | 3503 |
| 3504 | |
| 3505 | |
| 3506 | |
| 3507 | |
| child to refer itself to the county council for coordination in | 3508 |
| accordance with the county service coordination mechanism; | 3509 |
| (2) A procedure for an agency, including a juvenile court, to | 3510 |
| refer a child and family to the county council for coordination in | 3511 |
| accordance with the county service coordination mechanism; | 3512 |
| (3) A procedure that does one of the following: | 3513 |
| (a) Permits a family to be involved in the service | 3514 |
| coordination mechanism by being notified of and invited to all | 3515 |
| meetings involved in the mechanism; | 3516 |
| (b) Permits a family to initiate a meeting to develop or | 3517 |
| review the family's service coordination plan and allows the | 3518 |
| family to invite a family advocate, mentor, or support person of | 3519 |
| the family's choice to any such meeting. | 3520 |
| (4) A procedure for notifying and inviting to all meetings | 3521 |
| appropriate staff from involved agencies, including a | 3522 |
| representative from the appropriate school district; | 3523 |
| (5) A procedure for ensuring that a service coordination | 3524 |
| meeting is conducted before a non-emergency out-of-home placement | 3525 |
| or long-term placement is made and that, in situations involving | 3526 |
| an emergency out-of-home placement, a service coordination meeting | 3527 |
| is conducted within ten days of the placement. | 3528 |
| (6) A procedure for monitoring the progress and tracking the | 3529 |
| outcomes of each service coordination plan requested in the county | 3530 |
| including monitoring and tracking children in out-of-home | 3531 |
| placements to assure continued progress, appropriateness of | 3532 |
| placement, and continuity of care after discharge from placement | 3533 |
| with appropriate arrangements for housing, treatment, and | 3534 |
| education. | 3535 |
| (7) A procedure for protecting the confidentiality of all | 3536 |
| personal family information disclosed during service coordination | 3537 |
| meetings or contained in the comprehensive family service | 3538 |
| coordination plan. | 3539 |
|
(8) A procedure for assessing the | 3540 |
| of | 3541 |
| council for service coordination, including a child | 3542 |
| 3543 | |
| 3544 | |
| parent or custodian is voluntarily seeking services, and for | 3545 |
| ensuring that parents and custodians are afforded the opportunity | 3546 |
| to participate; | 3547 |
| | 3548 |
| family service coordination plan described in division (D) of this | 3549 |
| section; | 3550 |
| | 3551 |
| process that must be used first to resolve disputes among the | 3552 |
| agencies represented on the county council concerning the | 3553 |
| provision of services to children, including children who are | 3554 |
| abused, neglected, dependent, unruly, alleged unruly, or | 3555 |
| delinquent children and under the jurisdiction of the juvenile | 3556 |
| court and children whose parents or custodians are voluntarily | 3557 |
| seeking services. The local dispute resolution process shall | 3558 |
| comply with section 121.38 of the Revised Code. The local dispute | 3559 |
| resolution process may also be used for disputes between an agency | 3560 |
| and a child's parents or custodian. In that case it shall comply | 3561 |
| with sections 121.381 and 121.382 of the Revised Code, as well as | 3562 |
| section 121.38 of the Revised Code. | 3563 |
| The cabinet council shall adopt rules in accordance with | 3564 |
| Chapter 119. of the Revised Code establishing an administrative | 3565 |
| review process to address problems that arise concerning the | 3566 |
| operation of a local dispute resolution process. | 3567 |
| Nothing in division (C)(5) of this section shall be | 3568 |
| interpreted as overriding or affecting decisions of a juvenile | 3569 |
| court regarding an out-of-home placement, long-term placement, or | 3570 |
| emergency out-of-home placement. | 3571 |
| (D)
Each county shall develop a comprehensive | 3572 |
| service coordination
plan
that does | 3573 |
| (1) Designates service responsibilities among the various | 3574 |
| state and local agencies that provide services to children and | 3575 |
| their families, including children who are abused, neglected, | 3576 |
| dependent, unruly, or delinquent children and under the | 3577 |
| jurisdiction of the juvenile court and children whose parents or | 3578 |
| custodians are voluntarily seeking services; | 3579 |
| (2) Designates the lead family plan coordinator, approved by | 3580 |
| the family, to ensure the coordination of and fidelity to the | 3581 |
| plan; | 3582 |
| (3) Ensures that assistance and services to be provided are | 3583 |
| responsive to the strengths and needs of the family, as well as | 3584 |
| the family's culture, race, and ethnic group, by allowing the | 3585 |
| family to offer information and suggestions and participate in | 3586 |
| decisions; | 3587 |
| (4) Ensures that assistance and services provided meet the | 3588 |
| needs of the child and family in the least restrictive | 3589 |
| environment; | 3590 |
| (5) Includes a service coordination process for dealing with | 3591 |
| a child who is alleged to be an unruly child. The service | 3592 |
| coordination process shall include methods to divert the child | 3593 |
| from the juvenile court system; | 3594 |
| (6) Includes timelines for completion of goals specified in | 3595 |
| the plan with regular reviews scheduled to monitor progress toward | 3596 |
| those goals; | 3597 |
| (7) Includes a plan for dealing with short-term crisis | 3598 |
| situations and safety concerns. | 3599 |
| (E)(1) The service coordination process provided for under | 3600 |
|
division
(D) | 3601 |
| to, the following: | 3602 |
| (a) | 3603 |
| 3604 | |
| 3605 |
| | 3606 |
| assessment of the child and the child's family as described in | 3607 |
|
division
| 3608 |
| instrument or instruments to be used to conduct the assessment; | 3609 |
| | 3610 |
| 3611 |
| | 3612 |
| child and the parental responsibilities of the parents, guardian, | 3613 |
| or custodian of the child; | 3614 |
| | 3615 |
| officials. | 3616 |
| (2) The method to divert a child from the juvenile court | 3617 |
| system that must be included in the service coordination process | 3618 |
| may include, but is not limited to, the following: | 3619 |
| (a) The preparation of a complaint under section 2151.27 of | 3620 |
| the Revised Code alleging that the child is an unruly child and | 3621 |
| notifying the child and the parents, guardian, or custodian that | 3622 |
| the complaint has been prepared to encourage the child and the | 3623 |
| parents, guardian, or custodian to comply with other methods to | 3624 |
| divert the child from the juvenile court system; | 3625 |
| (b) Conducting a meeting with the child, the parents, | 3626 |
| guardian, or custodian, and other interested parties to determine | 3627 |
| the appropriate methods to divert the child from the juvenile | 3628 |
| court system; | 3629 |
| (c) | 3630 |
| 3631 | |
| 3632 |
| | 3633 |
| short-term respite from a short-term crisis situation involving a | 3634 |
| confrontation between the child and the parents, guardian, or | 3635 |
| custodian; | 3636 |
| | 3637 |
| parents, guardian, or custodian; | 3638 |
| | 3639 |
| parents, guardian, or custodian; | 3640 |
| | 3641 |
| truant from school, repeatedly disruptive in school, or suspended | 3642 |
| or expelled from school; | 3643 |
| | 3644 |
| to, any alternative methods to divert a child from the juvenile | 3645 |
| court system that are identified by the Ohio family and children | 3646 |
| first cabinet council. | 3647 |
| (F) Each county may review and revise the service | 3648 |
|
coordination process described in division (D) | 3649 |
| based on the availability of funds under Title IV-A of the "Social | 3650 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 3651 |
| or to the extent resources are available from any other federal, | 3652 |
| state, or local funds. | 3653 |
| Sec. 121.38. (A) An agency represented on a county family | 3654 |
| and children first council that disagrees with the council's | 3655 |
| decision concerning the services or funding for services a child | 3656 |
| is to receive from agencies represented on the council may | 3657 |
| initiate the local dispute resolution process established in the | 3658 |
| county service coordination mechanism applicable to the council. | 3659 |
| On completion of the process, the decision maker designated in the | 3660 |
| mechanism shall issue a written determination that directs one or | 3661 |
| more agencies represented on the council to provide services or | 3662 |
| funding for services to the child. The determination shall include | 3663 |
| a plan of care governing the manner in which the services or | 3664 |
| funding are to be provided. The decision maker shall base the plan | 3665 |
| of care on
the comprehensive | 3666 |
| plan developed as part of the county's service coordination | 3667 |
| mechanism and on evidence presented during the local dispute | 3668 |
| resolution process. The decision maker may require an agency to | 3669 |
| provide services or funding only if the child's condition or needs | 3670 |
| qualify the child for services under the laws governing the | 3671 |
| agency. | 3672 |
| (B) An agency subject to a determination issued pursuant to a | 3673 |
| local dispute resolution process shall immediately comply with the | 3674 |
| determination, unless the agency objects to the determination by | 3675 |
| doing one of the following not later than seven days after the | 3676 |
| date the written determination is issued: | 3677 |
| (1) If the child has been alleged or adjudicated to be an | 3678 |
| abused, neglected, dependent, unruly, or delinquent child or a | 3679 |
| juvenile traffic offender, filing in the juvenile court of the | 3680 |
| county having jurisdiction over the child's case a motion | 3681 |
| requesting that the court hold a hearing to determine which | 3682 |
| agencies are to provide services or funding for services to the | 3683 |
| child. | 3684 |
| (2) If the child is not a child described in division (B)(1) | 3685 |
| of this section, filing in the juvenile court of the county served | 3686 |
| by the county council a complaint objecting to the determination. | 3687 |
| The court shall hold a hearing as soon as possible, but not | 3688 |
| later than ninety days after the motion or complaint is filed. At | 3689 |
| least five days before the date on which the court hearing is to | 3690 |
| be held, the court shall send each agency subject to the | 3691 |
| determination written notice by first class mail of the date, | 3692 |
| time, place, and purpose of the court hearing. In the case of a | 3693 |
| motion filed under division (B)(1) of this section, the court may | 3694 |
| conduct the hearing as part of the adjudicatory or dispositional | 3695 |
| hearing concerning the child, if appropriate, and shall provide | 3696 |
| notice as required for those hearings. | 3697 |
| Except in cases in which the hearing is conducted as part of | 3698 |
| the adjudicatory or dispositional hearing, a hearing held pursuant | 3699 |
| to this division shall be limited to a determination of which | 3700 |
| agencies are to provide services or funding for services to the | 3701 |
| child. At the conclusion of the hearing, the court shall issue an | 3702 |
| order directing one or more agencies represented on the county | 3703 |
| council to provide services or funding for services to the child. | 3704 |
| The order shall include a plan of care governing the manner in | 3705 |
| which the services or funding are to be provided. The court shall | 3706 |
|
base the plan of care on the comprehensive | 3707 |
| coordination plan developed as part of the county's service | 3708 |
| coordination plan and on evidence presented during the hearing. An | 3709 |
| agency required by the order to provide services or funding shall | 3710 |
| be a party to any juvenile court proceeding concerning the child. | 3711 |
| The court may require an agency to provide services or funding for | 3712 |
| a child only if the child's condition or needs qualify the child | 3713 |
| for services under the laws governing the agency. | 3714 |
| (C) While the local dispute resolution process or court | 3715 |
| proceedings pursuant to this section are pending, each agency | 3716 |
| shall provide services and funding as required by the decision | 3717 |
| made by the county council before dispute resolution was | 3718 |
| initiated. If an agency that provides services or funds during the | 3719 |
| local dispute resolution process or court proceedings is | 3720 |
| determined through the process or proceedings not to be | 3721 |
| responsible for providing them, it shall be reimbursed for the | 3722 |
| costs of providing the services or funding by the agencies | 3723 |
| determined to be responsible for providing them. | 3724 |
| Sec. 121.381. A parent or custodian who disagrees with a | 3725 |
| decision rendered by a county family and children first council | 3726 |
| regarding services for a child may initiate the dispute resolution | 3727 |
| process established in the county service coordination mechanism | 3728 |
| pursuant to division (C)(10) of section 121.37 of the Revised | 3729 |
| Code. | 3730 |
| Not later than sixty days after the parent or custodian | 3731 |
| initiates the dispute resolution process, the council shall make | 3732 |
| findings regarding the dispute and issue a written determination | 3733 |
| of its findings. | 3734 |
| Sec. 121.382. Each agency represented on a county family and | 3735 |
| children first council that is providing services or funding for | 3736 |
| services that are the subject of the dispute resolution process | 3737 |
| initiated by a parent or custodian under section 121.381 of the | 3738 |
| Revised Code shall continue to provide those services and the | 3739 |
| funding for those services during the dispute resolution process. | 3740 |
| Sec. 121.403. (A) The Ohio community service council may do | 3741 |
| any of the following: | 3742 |
| (1) Accept monetary gifts or donations; | 3743 |
| (2) Sponsor conferences, meetings, or events in furtherance | 3744 |
| of the council's purpose described in section 121.40 of the | 3745 |
| Revised Code and charge fees for participation or involvement in | 3746 |
| the conferences, meetings, or events; | 3747 |
| (3) Sell promotional items in furtherance of the council's | 3748 |
| purpose described in section 121.40 of the Revised Code. | 3749 |
| (B) All monetary gifts and donations, funds from the sale of | 3750 |
| promotional items, and any fees paid to the council for | 3751 |
| conferences, meetings, or events sponsored by the council shall be | 3752 |
| deposited into the Ohio community service council gifts and | 3753 |
| donations fund, which is hereby created in the state treasury. | 3754 |
| Moneys in the fund may be used only as follows: | 3755 |
| (1) To pay operating expenses of the council, including | 3756 |
| payroll, personal services, maintenance, equipment, and subsidy | 3757 |
| payments; | 3758 |
| (2) To support council programs promoting volunteerism and | 3759 |
| community service in the state; | 3760 |
| (3) As matching funds for federal grants. | 3761 |
| Sec. 122.011. (A) The department of development shall | 3762 |
| develop and promote plans and programs designed to assure that | 3763 |
| state resources are efficiently used, economic growth is properly | 3764 |
| balanced, community growth is developed in an orderly manner, and | 3765 |
| local governments are coordinated with each other and the state, | 3766 |
| and for such purposes may do all of the following: | 3767 |
| (1) Serve as a clearinghouse for information, data, and other | 3768 |
| materials that may be helpful or necessary to persons or local | 3769 |
| governments, as provided in section 122.07 of the Revised Code; | 3770 |
| (2) Prepare and activate plans for the retention, | 3771 |
| development, expansion, and use of the resources and commerce of | 3772 |
| the state, as provided in section 122.04 of the Revised Code; | 3773 |
| (3) Assist and cooperate with federal, state, and local | 3774 |
| governments and agencies of federal, state, and local governments | 3775 |
| in the coordination of programs to carry out the functions and | 3776 |
| duties of the department; | 3777 |
| (4) Encourage and foster research and development activities, | 3778 |
| conduct studies related to the solution of community problems, and | 3779 |
| develop recommendations for administrative or legislative actions, | 3780 |
| as provided in section 122.03 of the Revised Code; | 3781 |
| (5) Serve as the economic and community development planning | 3782 |
| agency, which shall prepare and recommend plans and programs for | 3783 |
| the orderly growth and development of this state and which shall | 3784 |
| provide planning assistance, as provided in section 122.06 of the | 3785 |
| Revised Code; | 3786 |
| (6) Cooperate with and provide technical assistance to state | 3787 |
| departments, political subdivisions, regional and local planning | 3788 |
| commissions, tourist associations, councils of government, | 3789 |
| community development groups, community action agencies, and other | 3790 |
| appropriate organizations for carrying out the functions and | 3791 |
| duties of the department or for the solution of community | 3792 |
| problems; | 3793 |
| (7) Coordinate the activities of state agencies that have an | 3794 |
| impact on carrying out the functions and duties of the department; | 3795 |
| (8) Encourage and assist the efforts of and cooperate with | 3796 |
| local governments to develop mutual and cooperative solutions to | 3797 |
| their common problems that relate to carrying out the purposes of | 3798 |
| this section; | 3799 |
| (9) Study existing structure, operations, and financing of | 3800 |
| regional or local government and those state activities that | 3801 |
| involve significant relations with regional or local governmental | 3802 |
| units, recommend to the governor and to the general assembly such | 3803 |
| changes in these provisions and activities as will improve the | 3804 |
| operations of regional or local government, and conduct other | 3805 |
| studies of legal provisions that affect problems related to | 3806 |
| carrying out the purposes of this section; | 3807 |
| (10) Create and operate a division of community development | 3808 |
| to develop and administer programs and activities that are | 3809 |
| authorized by federal statute or the Revised Code; | 3810 |
| (11) Until October 15, | 3811 |
| in consultation with the director of agriculture, for purchasing | 3812 |
| loans from financial institutions and providing loan guarantees | 3813 |
| under the family farm loan program created under sections 901.80 | 3814 |
| to 901.83 of the Revised Code; | 3815 |
| (12) Provide loan servicing for the loans purchased and loan | 3816 |
| guarantees provided under section 901.80 of the Revised Code as | 3817 |
|
that section
existed prior to October 15, | 3818 |
| (13) Until October 15, | 3819 |
| controlling board under division (A)(3) of section 901.82 of the | 3820 |
| Revised Code of the release of money to be used for purchasing a | 3821 |
| loan or providing a loan guarantee, request the release of that | 3822 |
| money in accordance with division (B) of section 166.03 of the | 3823 |
| Revised Code for use for the purposes of the fund created by | 3824 |
| section 166.031 of the Revised Code. | 3825 |
| (B) The director of development may request the attorney | 3826 |
| general to, and the attorney general, in accordance with section | 3827 |
| 109.02 of the Revised Code, shall bring a civil action in any | 3828 |
| court of competent jurisdiction. The director may be sued in the | 3829 |
| director's official capacity, in connection with this chapter, in | 3830 |
| accordance with Chapter 2743. of the Revised Code. | 3831 |
| Sec. 122.083. (A) The director of development shall | 3832 |
| administer a shovel ready sites program to provide grants for | 3833 |
| projects to port authorities and development entities approved by | 3834 |
| the director. Grants may be used to pay the costs of any or all of | 3835 |
| the following: | 3836 |
| (1) Acquisition of property, including options; | 3837 |
| (2) Preparation of sites, including brownfield clean-up | 3838 |
| activities; | 3839 |
| (3) Construction of road, water, telecommunication, and | 3840 |
| utility infrastructure; | 3841 |
| (4) Payment of professional fees the amount of which shall | 3842 |
| not exceed twenty per cent of the grant amount for a project. | 3843 |
| (B) The director shall adopt rules in accordance with Chapter | 3844 |
| 119. of the Revised Code that establish procedures and | 3845 |
| requirements necessary for the administration of the program, | 3846 |
| including a requirement that a recipient of a grant enter into an | 3847 |
| agreement with the director governing the use of the grant. | 3848 |
| (C) There is hereby created in the state treasury the shovel | 3849 |
| ready sites fund consisting of money appropriated to it. Money in | 3850 |
| the fund shall be used solely for the purposes of this section. | 3851 |
| Sec. 122.17. (A) As used in this section: | 3852 |
| (1) "Full-time employee" means an individual who is employed | 3853 |
| for consideration for at least thirty-five hours a week, or who | 3854 |
| renders any other standard of service generally accepted by custom | 3855 |
| or specified by contract as full-time employment. | 3856 |
| (2) "New employee" means one of the following: | 3857 |
| (a) A full-time employee first employed by a taxpayer in the | 3858 |
| project that is the subject of the agreement after the taxpayer | 3859 |
| enters into a tax credit agreement with the tax credit authority | 3860 |
| under this section; | 3861 |
| (b) A full-time employee first employed by a taxpayer in the | 3862 |
| project that is the subject of the tax credit after the tax credit | 3863 |
| authority approves a project for a tax credit under this section | 3864 |
| in a public meeting, as long as the taxpayer enters into the tax | 3865 |
| credit agreement prepared by the department of development after | 3866 |
| such meeting within sixty days after receiving the agreement from | 3867 |
| the department. If the taxpayer fails to enter into the agreement | 3868 |
| within sixty days, "new employee" has the same meaning as under | 3869 |
| division (A)(2)(a) of this section. | 3870 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 3871 |
| credit authority determines it appropriate, "new employee" also | 3872 |
| may include an employee re-hired or called back from lay-off to | 3873 |
| work in a new facility or on a new product or service established | 3874 |
| or produced by the taxpayer after entering into the agreement | 3875 |
| under this section or after the tax credit authority approves the | 3876 |
| tax credit in a public meeting. Except as otherwise provided in | 3877 |
| this paragraph, "new employee" does not include any employee of | 3878 |
| the taxpayer who was previously employed in this state by a | 3879 |
| related member of the taxpayer and whose employment was shifted to | 3880 |
| the taxpayer after the taxpayer entered into the tax credit | 3881 |
| agreement or after the tax credit authority approved the credit in | 3882 |
| a public meeting, or any employee of the taxpayer for which the | 3883 |
| taxpayer has been granted a certificate under division (B) of | 3884 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 3885 |
| engaged in the enrichment and commercialization of uranium or | 3886 |
| uranium products or is engaged in research and development | 3887 |
| activities related thereto and if the tax credit authority | 3888 |
| determines it appropriate, "new employee" may include an employee | 3889 |
| of the taxpayer who was previously employed in this state by a | 3890 |
| related member of the taxpayer and whose employment was shifted to | 3891 |
| the taxpayer after the taxpayer entered into the tax credit | 3892 |
| agreement or after the tax credit authority approved the credit in | 3893 |
| a public meeting. "New employee" does not include an employee of | 3894 |
| the taxpayer who is employed in an employment position that was | 3895 |
| relocated to a project from other operations of the taxpayer in | 3896 |
| this state or from operations of a related member of the taxpayer | 3897 |
| in this state. In addition, "new employee" does not include a | 3898 |
| child, grandchild, parent, or spouse, other than a spouse who is | 3899 |
| legally separated from the individual, of any individual who is an | 3900 |
| employee of the taxpayer and who has a direct or indirect | 3901 |
| ownership interest of at least five per cent in the profits, | 3902 |
| capital, or value of the taxpayer. Such ownership interest shall | 3903 |
| be determined in accordance with section 1563 of the Internal | 3904 |
| Revenue Code and regulations prescribed thereunder. | 3905 |
| (3) "New income tax revenue" means the total amount withheld | 3906 |
| under section 5747.06 of the Revised Code by the taxpayer during | 3907 |
| the taxable year, or during the calendar year that includes the | 3908 |
| tax period, from the compensation of new employees for the tax | 3909 |
| levied under Chapter 5747. of the Revised Code. | 3910 |
| (4) "Related member" has the same meaning as under division | 3911 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 3912 |
| division (B) of that section. | 3913 |
| (B) The tax credit authority may make grants under this | 3914 |
| section to foster job creation in this state. Such a grant shall | 3915 |
| take the form of a refundable credit allowed against the tax | 3916 |
| imposed by section 5733.06 or 5747.02 of the Revised Code for | 3917 |
| taxable years ending prior to 2008 and against the tax levied by | 3918 |
| Chapter 5751. of the Revised Code for tax periods beginning on or | 3919 |
| after July 1, 2008. The credit shall be claimed for the taxable | 3920 |
| years or tax periods specified in the taxpayer's agreement with | 3921 |
| the tax credit authority under division (D) of this section. The | 3922 |
| credit shall be claimed | 3923 |
| 3924 | |
| section 5733.98, 5747.98, or 5751.98 of the Revised Code. The | 3925 |
| amount of the credit available for a taxable year or for a | 3926 |
| calendar year that includes a tax period equals the new income tax | 3927 |
| revenue for | 3928 |
| specified in the agreement with the tax credit authority. | 3929 |
| (C) A taxpayer or potential taxpayer who proposes a project | 3930 |
| to create new jobs in this state may apply to the tax credit | 3931 |
| authority to enter into an agreement for a tax credit under this | 3932 |
| section. The director of development shall prescribe the form of | 3933 |
| the application. After receipt of an application, the authority | 3934 |
| may enter into an agreement with the taxpayer for a credit under | 3935 |
| this section if it determines all of the following: | 3936 |
| (1) The taxpayer's project will create new jobs in this | 3937 |
| state; | 3938 |
| (2) The taxpayer's project is economically sound and will | 3939 |
| benefit the people of this state by increasing opportunities for | 3940 |
| employment and strengthening the economy of this state; | 3941 |
| (3) Receiving the tax credit is a major factor in the | 3942 |
| taxpayer's decision to go forward with the project. | 3943 |
| (D) An agreement under this section shall include all of the | 3944 |
| following: | 3945 |
| (1) A detailed description of the project that is the subject | 3946 |
| of the agreement; | 3947 |
| (2) The term of the tax credit, which shall not exceed | 3948 |
| fifteen years, and the first taxable year, or first calendar year | 3949 |
| that includes a tax period, for which the credit may be claimed; | 3950 |
| (3) A requirement that the taxpayer shall maintain operations | 3951 |
| at the project location for at least twice the number of years as | 3952 |
| the term of the tax credit; | 3953 |
| (4) The percentage, as determined by the tax credit | 3954 |
| authority, of new income tax revenue that will be allowed as the | 3955 |
| amount of the credit for each taxable year or for each calendar | 3956 |
| year that includes a tax period; | 3957 |
| (5) A specific method for determining how many new employees | 3958 |
| are employed during a taxable year or during a calendar year that | 3959 |
| includes a tax period; | 3960 |
| (6) A requirement that the taxpayer annually shall report to | 3961 |
| the director of development the number of new employees, the new | 3962 |
| income tax revenue withheld in connection with the new employees, | 3963 |
| and any other information the director needs to perform the | 3964 |
| director's duties under this section; | 3965 |
| (7) A requirement that the director of development annually | 3966 |
| shall verify the amounts reported under division (D)(6) of this | 3967 |
| section, and after doing so shall issue a certificate to the | 3968 |
| taxpayer stating that the amounts have been verified; | 3969 |
| (8)(a) A provision requiring that the taxpayer, except as | 3970 |
| otherwise provided in division (D)(8)(b) of this section, shall | 3971 |
| not relocate employment positions from elsewhere in this state to | 3972 |
| the project site that is the subject of the agreement for the | 3973 |
| lesser of five years from the date the agreement is entered into | 3974 |
| or the number of years the taxpayer is entitled to claim the tax | 3975 |
| credit. | 3976 |
| (b) The taxpayer may relocate employment positions from | 3977 |
| elsewhere in this state to the project site that is the subject of | 3978 |
| the agreement if the director of development determines both of | 3979 |
| the following: | 3980 |
| (i) That the site from which the employment positions would | 3981 |
| be relocated is inadequate to meet market and industry conditions, | 3982 |
| expansion plans, consolidation plans, or other business | 3983 |
| considerations affecting the taxpayer; | 3984 |
| (ii) That the legislative authority of the county, township, | 3985 |
| or municipal corporation from which the employment positions would | 3986 |
| be relocated has been notified of the relocation. | 3987 |
| For purposes of this section, the movement of an employment | 3988 |
| position from one political subdivision to another political | 3989 |
| subdivision shall be considered a relocation of an employment | 3990 |
| position, but the transfer of an individual employee from one | 3991 |
| political subdivision to another political subdivision shall not | 3992 |
| be considered a relocation of an employment position as long as | 3993 |
| the individual's employment position in the first political | 3994 |
| subdivision is refilled. | 3995 |
| (E) If a taxpayer fails to meet or comply with any condition | 3996 |
| or requirement set forth in a tax credit agreement, the tax credit | 3997 |
| authority may amend the agreement to reduce the percentage or term | 3998 |
| of the tax credit. The reduction of the percentage or term shall | 3999 |
| take effect in the taxable year immediately following the taxable | 4000 |
| year in which the authority amends the agreement or in the first | 4001 |
| tax period beginning in the calendar year immediately following | 4002 |
| the calendar year in which the authority amends the agreement. If | 4003 |
| the taxpayer relocates employment positions in violation of the | 4004 |
| provision required under division (D)(8)(a) of this section, the | 4005 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 4006 |
| the Revised Code for any tax years following the calendar year in | 4007 |
| which the relocation occurs, or shall not claim the tax credit | 4008 |
| under section 5747.058 of the Revised Code for the taxable year in | 4009 |
| which the relocation occurs and any subsequent taxable years, and | 4010 |
| shall not claim the tax credit under division (A) of section | 4011 |
| 5751.50 of the Revised Code for any tax period in the calendar | 4012 |
| year in which the relocation occurs and any subsequent tax | 4013 |
| periods. | 4014 |
| (F) Projects that consist solely of point-of-final-purchase | 4015 |
| retail facilities are not eligible for a tax credit under this | 4016 |
| section. If a project consists of both point-of-final-purchase | 4017 |
| retail facilities and nonretail facilities, only the portion of | 4018 |
| the project consisting of the nonretail facilities is eligible for | 4019 |
| a tax credit and only the new income tax revenue from new | 4020 |
| employees of the nonretail facilities shall be considered when | 4021 |
| computing the amount of the tax credit. If a warehouse facility is | 4022 |
| part of a point-of-final-purchase retail facility and supplies | 4023 |
| only that facility, the warehouse facility is not eligible for a | 4024 |
| tax credit. Catalog distribution centers are not considered | 4025 |
| point-of-final-purchase retail facilities for the purposes of this | 4026 |
| division, and are eligible for tax credits under this section. | 4027 |
| (G) Financial statements and other information submitted to | 4028 |
| the department of development or the tax credit authority by an | 4029 |
| applicant or recipient of a tax credit under this section, and any | 4030 |
| information taken for any purpose from such statements or | 4031 |
| information, are not public records subject to section 149.43 of | 4032 |
| the Revised Code. However, the chairperson of the authority may | 4033 |
| make use of the statements and other information for purposes of | 4034 |
| issuing public reports or in connection with court proceedings | 4035 |
| concerning tax credit agreements under this section. Upon the | 4036 |
| request of the tax commissioner, the chairperson of the authority | 4037 |
| shall provide to the commissioner any statement or information | 4038 |
| submitted by an applicant or recipient of a tax credit in | 4039 |
| connection with the credit. The commissioner shall preserve the | 4040 |
| confidentiality of the statement or information. | 4041 |
| (H) A taxpayer claiming a credit under this section shall | 4042 |
| submit to the tax commissioner a copy of the director of | 4043 |
| development's certificate of verification under division (D)(7) of | 4044 |
| this section for the taxable year or for the calendar year that | 4045 |
| includes the tax period. However, failure to submit a copy of the | 4046 |
| certificate does not invalidate a claim for a credit. | 4047 |
| (I) The director of development, after consultation with the | 4048 |
| tax commissioner and in accordance with Chapter 119. of the | 4049 |
| Revised Code, shall adopt rules necessary to implement this | 4050 |
| section. The rules may provide for recipients of tax credits under | 4051 |
| this section to be charged fees to cover administrative costs of | 4052 |
| the tax credit program. At the time the director gives public | 4053 |
| notice under division (A) of section 119.03 of the Revised Code of | 4054 |
| the adoption of the rules, the director shall submit copies of the | 4055 |
| proposed rules to the chairpersons of the standing committees on | 4056 |
| economic development in the senate and the house of | 4057 |
| representatives. | 4058 |
| (J) For the purposes of this section, a taxpayer may include | 4059 |
| a partnership, a corporation that has made an election under | 4060 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 4061 |
| Code, or any other business entity through which income flows as a | 4062 |
| distributive share to its owners. A credit received under this | 4063 |
| section by a partnership, S-corporation, or other such business | 4064 |
| entity shall be apportioned among the persons to whom the income | 4065 |
| or profit of the partnership, S-corporation, or other entity is | 4066 |
| distributed, in the same proportions as those in which the income | 4067 |
| or profit is distributed. | 4068 |
| (K) If the director of development determines that a taxpayer | 4069 |
| who has received a credit under this section is not complying with | 4070 |
| the requirement under division (D)(3) of this section, the | 4071 |
| director shall notify the tax credit authority of the | 4072 |
| noncompliance. After receiving such a notice, and after giving the | 4073 |
| taxpayer an opportunity to explain the noncompliance, the tax | 4074 |
| credit authority may require the taxpayer to refund to this state | 4075 |
| a portion of the credit in accordance with the following: | 4076 |
| (1) If the taxpayer maintained operations at the project | 4077 |
| location for at least one and one-half times the number of years | 4078 |
| of the term of the tax credit, an amount not exceeding twenty-five | 4079 |
| per cent of the sum of any previously allowed credits under this | 4080 |
| section; | 4081 |
| (2) If the taxpayer maintained operations at the project | 4082 |
| location for at least the number of years of the term of the tax | 4083 |
| credit, an amount not exceeding fifty per cent of the sum of any | 4084 |
| previously allowed credits under this section; | 4085 |
| (3) If the taxpayer maintained operations at the project | 4086 |
| location for less than the number of years of the term of the tax | 4087 |
| credit, an amount not exceeding one hundred per cent of the sum of | 4088 |
| any previously allowed credits under this section. | 4089 |
| In determining the portion of the tax credit to be refunded | 4090 |
| to this state, the tax credit authority shall consider the effect | 4091 |
| of market conditions on the taxpayer's project and whether the | 4092 |
| taxpayer continues to maintain other operations in this state. | 4093 |
| After making the determination, the authority shall certify the | 4094 |
| amount to be refunded to the tax commissioner. The commissioner | 4095 |
| shall make an assessment for that amount against the taxpayer | 4096 |
|
under Chapter 5733. | 4097 |
| time
limitations on assessments under | 4098 |
| 4099 | |
| under this division, but the commissioner shall make the | 4100 |
| assessment within one year after the date the authority certifies | 4101 |
| to the commissioner the amount to be refunded. | 4102 |
| (L) On or before the thirty-first day of March each year, the | 4103 |
| director of development shall submit a report to the governor, the | 4104 |
| president of the senate, and the speaker of the house of | 4105 |
| representatives on the tax credit program under this section. The | 4106 |
| report shall include information on the number of agreements that | 4107 |
| were entered into under this section during the preceding calendar | 4108 |
| year, a description of the project that is the subject of each | 4109 |
| such agreement, and an update on the status of projects under | 4110 |
| agreements entered into before the preceding calendar year. | 4111 |
| | 4112 |
| 4113 | |
| 4114 | |
| 4115 | |
| 4116 | |
| 4117 | |
| 4118 | |
| 4119 | |
| 4120 | |
| 4121 |
| (M) There is hereby created the tax credit authority, which | 4122 |
| consists of the director of development and four other members | 4123 |
| appointed as follows: the governor, the president of the senate, | 4124 |
| and the speaker of the house of representatives each shall appoint | 4125 |
| one member who shall be a specialist in economic development; the | 4126 |
| governor also shall appoint a member who is a specialist in | 4127 |
| taxation. Of the initial appointees, the members appointed by the | 4128 |
| governor shall serve a term of two years; the members appointed by | 4129 |
| the president of the senate and the speaker of the house of | 4130 |
| representatives shall serve a term of four years. Thereafter, | 4131 |
| terms of office shall be for four years. Initial appointments to | 4132 |
| the authority shall be made within thirty days after January 13, | 4133 |
| 1993. Each member shall serve on the authority until the end of | 4134 |
| the term for which the member was appointed. Vacancies shall be | 4135 |
| filled in the same manner provided for original appointments. Any | 4136 |
| member appointed to fill a vacancy occurring prior to the | 4137 |
| expiration of the term for which the member's predecessor was | 4138 |
| appointed shall hold office for the remainder of that term. | 4139 |
| Members may be reappointed to the authority. Members of the | 4140 |
| authority shall receive their necessary and actual expenses while | 4141 |
| engaged in the business of the authority. The director of | 4142 |
| development shall serve as chairperson of the authority, and the | 4143 |
| members annually shall elect a vice-chairperson from among | 4144 |
| themselves. Three members of the authority constitute a quorum to | 4145 |
| transact and vote on the business of the authority. The majority | 4146 |
| vote of the membership of the authority is necessary to approve | 4147 |
| any such business, including the election of the vice-chairperson. | 4148 |
| The director of development may appoint a professional | 4149 |
| employee of the department of development to serve as the | 4150 |
| director's substitute at a meeting of the authority. The director | 4151 |
| shall make the appointment in writing. In the absence of the | 4152 |
| director from a meeting of the authority, the appointed substitute | 4153 |
| shall serve as chairperson. In the absence of both the director | 4154 |
| and the director's substitute from a meeting, the vice-chairperson | 4155 |
| shall serve as chairperson. | 4156 |
| Sec. 122.171. (A) As used in this section: | 4157 |
| (1) "Capital investment project" means a plan of investment | 4158 |
| at a project site for the acquisition, construction, renovation, | 4159 |
| or repair of buildings, machinery, or equipment, or for | 4160 |
| capitalized costs of basic research and new product development | 4161 |
| determined in accordance with generally accepted accounting | 4162 |
| principles, but does not include any of the following: | 4163 |
| (a) Payments made for the acquisition of personal property | 4164 |
| through operating leases; | 4165 |
| (b) Project costs paid before January 1, 2002 | 4166 |
| 4167 |
| (c) Payments made to a related member as defined in section | 4168 |
| 5733.042 of the Revised Code or to an elected consolidated | 4169 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 4170 |
| the Revised Code. | 4171 |
| (2) "Eligible business" means a business with Ohio operations | 4172 |
| satisfying all of the following: | 4173 |
| (a) Employed an average of at least one thousand employees in | 4174 |
| full-time employment positions at a project site during each of | 4175 |
| the twelve months preceding the application for a tax credit under | 4176 |
| this section; and | 4177 |
| (b) On or after January 1, 2002, has made payments for the | 4178 |
| capital investment project of either of the following: | 4179 |
| (i) At least two hundred million dollars in the aggregate at | 4180 |
| the project site during a period of three consecutive calendar | 4181 |
| years including the calendar year that includes a day of the | 4182 |
| taxpayer's taxable year or tax period with respect to which the | 4183 |
| credit is granted; | 4184 |
| (ii) If the average wage of all full-time employment | 4185 |
| positions at the project site is greater than four hundred per | 4186 |
| cent of the federal minimum wage, at least one hundred million | 4187 |
| dollars in the aggregate at the project site during a period of | 4188 |
| three consecutive calendar years including the calendar year that | 4189 |
| includes a day of the taxpayer's taxable year or tax period with | 4190 |
| respect to which the credit is granted. | 4191 |
| (c) Is engaged at the project site primarily as a | 4192 |
| manufacturer or is providing significant corporate administrative | 4193 |
| functions; | 4194 |
| (d) Has had a capital investment project reviewed and | 4195 |
| approved by the tax credit authority as provided in divisions (C), | 4196 |
| (D), and (E) of this section. | 4197 |
| (3) "Full-time employment position" means a position of | 4198 |
| employment for consideration for at least thirty-five hours a week | 4199 |
| that has been filled for at least one hundred eighty days | 4200 |
| immediately preceding the filing of an application under this | 4201 |
| section and for at least one hundred eighty days during each | 4202 |
| taxable year or each calendar year that includes a tax period with | 4203 |
| respect to which the credit is granted. | 4204 |
| (4) "Manufacturer" has the same meaning as in section | 4205 |
| 5739.011 of the Revised Code. | 4206 |
| (5) "Project site" means an integrated complex of facilities | 4207 |
| in this state, as specified by the tax credit authority under this | 4208 |
| section, within a fifteen-mile radius where a taxpayer is | 4209 |
| primarily operating as an eligible business. | 4210 |
| (6) "Applicable corporation" means a corporation satisfying | 4211 |
| all of the following: | 4212 |
| (a)(i) For the entire taxable year immediately preceding the | 4213 |
| tax year, the corporation develops software applications primarily | 4214 |
| to provide telecommunication billing and information services | 4215 |
| through outsourcing or licensing to domestic or international | 4216 |
| customers. | 4217 |
| (ii) Sales and licensing of software generated at least six | 4218 |
| hundred million dollars in revenue during the taxable year | 4219 |
| immediately preceding the tax year the corporation is first | 4220 |
| entitled to claim the credit provided under division (B) of this | 4221 |
| section. | 4222 |
| (b) For the entire taxable year immediately preceding the tax | 4223 |
| year, the corporation or one or more of its related members | 4224 |
| provides customer or employee care and technical support for | 4225 |
| clients through one or more contact centers within this state, and | 4226 |
| the corporation and its related members together have a daily | 4227 |
| average, based on a | 4228 |
| three-hundred-sixty-five-day year, of at least five hundred | 4229 |
| thousand successful customer contacts through one or more of their | 4230 |
| contact centers, wherever located. | 4231 |
| (c) The corporation is eligible for the credit under division | 4232 |
| (B) of this section for the tax year. | 4233 |
| (7) "Related member" has the same meaning as in section | 4234 |
| 5733.042 of the Revised Code as that section existed on the | 4235 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 4236 |
| general assembly, September 29, 1997. | 4237 |
| (8) "Successful customer contact" means a contact with an end | 4238 |
| user via telephone, including interactive voice recognition or | 4239 |
| similar means, where the contact culminates in a conversation or | 4240 |
| connection other than a busy signal or equipment busy. | 4241 |
| (9) "Telecommunications" means all forms of | 4242 |
| telecommunications service as defined in section 5739.01 of the | 4243 |
| Revised Code, and includes services in wireless, wireline, cable, | 4244 |
| broadband, internet protocol, and satellite. | 4245 |
| (10)(a) "Applicable difference" means the difference between | 4246 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 4247 |
| applying the law in effect for that tax year, and the tax for that | 4248 |
| tax year if section 5733.042 of the Revised Code applied as that | 4249 |
| section existed on the effective date of its amendment by Am. Sub. | 4250 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 4251 |
| subject to division (A)(10)(b) of this section. | 4252 |
| (b) If the tax rate set forth in division (B) of section | 4253 |
| 5733.06 of the Revised Code for the tax year is less than eight | 4254 |
| and one-half per cent, the tax calculated under division | 4255 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 4256 |
| rate of eight and one-half per cent for the rate set forth in | 4257 |
| division (B) of section 5733.06 of the Revised Code for the tax | 4258 |
| year. | 4259 |
| (c) If the resulting difference is negative, the applicable | 4260 |
| tax difference for the tax year shall be zero. | 4261 |
| (B) The tax credit authority created under section 122.17 of | 4262 |
| the Revised Code may grant tax credits under this section for the | 4263 |
| purpose of fostering job retention in this state. Upon application | 4264 |
| by an eligible business and upon consideration of the | 4265 |
| recommendation of the director of budget and management, tax | 4266 |
| commissioner, and director of development under division (C) of | 4267 |
| this section, the tax credit authority may grant to an eligible | 4268 |
| business a nonrefundable credit against the tax imposed by section | 4269 |
| 5733.06 or 5747.02 of the Revised Code for taxable years ending | 4270 |
| before 2008 for a period up to fifteen taxable years and against | 4271 |
| the tax levied by Chapter 5751. of the Revised Code for tax | 4272 |
| periods beginning on or after July 1, 2008, for a period of up to | 4273 |
| fifteen calendar years. The credit shall be in an amount not | 4274 |
| exceeding seventy-five per cent of the Ohio income tax withheld | 4275 |
| from the employees of the eligible business occupying full-time | 4276 |
| employment positions at the project site during the calendar year | 4277 |
| that includes the last day of such business' taxable year or tax | 4278 |
| period with respect to which the credit is granted. The amount of | 4279 |
| the credit shall not be based on the Ohio income tax withheld from | 4280 |
| full-time employees for a calendar year prior to the calendar year | 4281 |
| in which the minimum investment requirement referred to in | 4282 |
| division (A)(2)(b) of this section is completed. The credit shall | 4283 |
| be claimed only for the taxable years or tax periods specified in | 4284 |
| the eligible business' agreement with the tax credit authority | 4285 |
| under division (E) of this section, but in no event shall the | 4286 |
| credit be claimed for a taxable year or tax period terminating | 4287 |
| before the date specified in the agreement. | 4288 |
| The credit computed under this division is in addition to any | 4289 |
| credit allowed under division (M) of this section which the tax | 4290 |
| credit authority may also include in the agreement. | 4291 |
| Any unused portion of a tax credit may be carried forward for | 4292 |
| not more than three additional years after the year for which the | 4293 |
| credit is granted. | 4294 |
| (C) A taxpayer that proposes a capital investment project to | 4295 |
| retain jobs in this state may apply to the tax credit authority to | 4296 |
| enter into an agreement for a tax credit under this section. The | 4297 |
| director of development shall prescribe the form of the | 4298 |
| application. After receipt of an application, the authority shall | 4299 |
| forward copies of the application to the director of budget and | 4300 |
| management, the tax commissioner, and the director of development, | 4301 |
| each of whom shall review the application to determine the | 4302 |
| economic impact the proposed project would have on the state and | 4303 |
| the affected political subdivisions and shall submit a summary of | 4304 |
|
their determinations and recommendations to the
authority. | 4305 |
| 4306 | |
| 4307 |
| (D) Upon review of the determinations and recommendations | 4308 |
| described in division (C) of this section, the tax credit | 4309 |
| authority may enter into an agreement with the taxpayer for a | 4310 |
| credit under this section if the authority determines all of the | 4311 |
| following: | 4312 |
| (1) The taxpayer's capital investment project will result in | 4313 |
| the retention of full-time employment positions in this state. | 4314 |
| (2) The taxpayer is economically sound and has the ability to | 4315 |
| complete the proposed capital investment project. | 4316 |
| (3) The taxpayer intends to and has the ability to maintain | 4317 |
| operations at the project site for at least twice the term of the | 4318 |
| credit. | 4319 |
| (4) Receiving the credit is a major factor in the taxpayer's | 4320 |
| decision to begin, continue with, or complete the project. | 4321 |
| (5) The political subdivisions in which the project is | 4322 |
| located have agreed to provide substantial financial support to | 4323 |
| the project. | 4324 |
| (E) An agreement under this section shall include all of the | 4325 |
| following: | 4326 |
| (1) A detailed description of the project that is the subject | 4327 |
| of the agreement, including the amount of the investment, the | 4328 |
| period over which the investment has been or is being made, and | 4329 |
| the number of full-time employment positions at the project site. | 4330 |
| (2) The method of calculating the number of full-time | 4331 |
| employment positions as specified in division (A)(3) of this | 4332 |
| section. | 4333 |
| (3) The term and percentage of the tax credit, and the first | 4334 |
| year for which the credit may be claimed. | 4335 |
| (4) A requirement that the taxpayer maintain operations at | 4336 |
| the project site for at least twice the number of years as the | 4337 |
| term of the credit. | 4338 |
| (5) A requirement that the taxpayer retain a specified number | 4339 |
| of full-time employment positions at the project site and within | 4340 |
| this state for the term of the credit, including a requirement | 4341 |
| that the taxpayer continue to employ at least one thousand | 4342 |
| employees in full-time employment positions at the project site | 4343 |
| during the entire term of any agreement, subject to division | 4344 |
| (E)(7) of this section. | 4345 |
| (6) A requirement that the taxpayer annually report to the | 4346 |
| director of development the number of full-time employment | 4347 |
| positions subject to the credit, the amount of tax withheld from | 4348 |
| employees in those positions, the amount of the payments made for | 4349 |
| the capital investment project, and any other information the | 4350 |
| director needs to perform the director's duties under this | 4351 |
| section. | 4352 |
| (7) A requirement that the director of development annually | 4353 |
| review the annual reports of the taxpayer to verify the | 4354 |
| information reported under division (E)(6) of this section and | 4355 |
| compliance with the agreement. Upon verification, the director | 4356 |
| shall issue a certificate to the taxpayer stating that the | 4357 |
| information has been verified and identifying the amount of the | 4358 |
| credit for the taxable year. Unless otherwise specified by the tax | 4359 |
| credit authority in a resolution and included as part of the | 4360 |
| agreement, the director shall not issue a certificate for any year | 4361 |
| in which the total number of filled full-time employment positions | 4362 |
| for each day of the calendar year divided by three hundred | 4363 |
| sixty-five is less than ninety per cent of the full-time | 4364 |
| employment positions specified in division (E)(5) of this section. | 4365 |
| In determining the number of full-time employment positions, no | 4366 |
| position shall be counted that is filled by an employee who is | 4367 |
| included in the calculation of a tax credit under section 122.17 | 4368 |
| of the Revised Code. | 4369 |
| (8)(a) A provision requiring that the taxpayer, except as | 4370 |
| otherwise provided in division (E)(8)(b) of this section, shall | 4371 |
| not relocate employment positions from elsewhere in this state to | 4372 |
| the project site that is the subject of the agreement for the | 4373 |
| lesser of five years from the date the agreement is entered into | 4374 |
| or the number of years the taxpayer is entitled to claim the | 4375 |
| credit. | 4376 |
| (b) The taxpayer may relocate employment positions from | 4377 |
| elsewhere in this state to the project site that is the subject of | 4378 |
| the agreement if the director of development determines both of | 4379 |
| the following: | 4380 |
| (i) That the site from which the employment positions would | 4381 |
| be relocated is inadequate to meet market and industry conditions, | 4382 |
| expansion plans, consolidation plans, or other business | 4383 |
| considerations affecting the taxpayer; | 4384 |
| (ii) That the legislative authority of the county, township, | 4385 |
| or municipal corporation from which the employment positions would | 4386 |
| be relocated has been notified of the relocation. | 4387 |
| For purposes of this section, the movement of an employment | 4388 |
| position from one political subdivision to another political | 4389 |
| subdivision shall be considered a relocation of an employment | 4390 |
| position unless the movement is confined to the project site. The | 4391 |
| transfer of an individual employee from one political subdivision | 4392 |
| to another political subdivision shall not be considered a | 4393 |
| relocation of an employment position as long as the individual's | 4394 |
| employment position in the first political subdivision is | 4395 |
| refilled. | 4396 |
| (9) A waiver by the taxpayer of any limitations periods | 4397 |
| relating to assessments or adjustments resulting from the | 4398 |
| taxpayer's failure to comply with the agreement. | 4399 |
| (F) If a taxpayer fails to meet or comply with any condition | 4400 |
| or requirement set forth in a tax credit agreement, the tax credit | 4401 |
| authority may amend the agreement to reduce the percentage or term | 4402 |
| of the credit. The reduction of the percentage or term shall take | 4403 |
| effect in the taxable year immediately following the taxable year | 4404 |
| in which the authority amends the agreement or in the first tax | 4405 |
| period beginning in the calendar year immediately following the | 4406 |
| calendar year in which the authority amends the agreement. If the | 4407 |
| taxpayer relocates employment positions in violation of the | 4408 |
| provision required under division (D)(8)(a) of this section, the | 4409 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 4410 |
| the Revised Code for any tax years following the calendar year in | 4411 |
|
which the relocation occurs, | 4412 |
| under section 5747.058 of the Revised Code for the taxable year in | 4413 |
| which the relocation occurs and any subsequent taxable years, and | 4414 |
| shall not claim the tax credit under division (A) of section | 4415 |
| 5751.50 of the Revised Code for the tax period in which the | 4416 |
| relocation occurs and any subsequent tax periods. | 4417 |
| (G) Financial statements and other information submitted to | 4418 |
| the department of development or the tax credit authority by an | 4419 |
| applicant for or recipient of a tax credit under this section, and | 4420 |
| any information taken for any purpose from such statements or | 4421 |
| information, are not public records subject to section 149.43 of | 4422 |
| the Revised Code. However, the chairperson of the authority may | 4423 |
| make use of the statements and other information for purposes of | 4424 |
| issuing public reports or in connection with court proceedings | 4425 |
| concerning tax credit agreements under this section. Upon the | 4426 |
| request of the tax commissioner, the chairperson of the authority | 4427 |
| shall provide to the commissioner any statement or other | 4428 |
| information submitted by an applicant for or recipient of a tax | 4429 |
| credit in connection with the credit. The commissioner shall | 4430 |
| preserve the confidentiality of the statement or other | 4431 |
| information. | 4432 |
| (H) A taxpayer claiming a tax credit under this section shall | 4433 |
| submit to the tax commissioner a copy of the director of | 4434 |
| development's certificate of verification under division (E)(7) of | 4435 |
| this section for the taxable year or for the calendar year that | 4436 |
| includes the tax period. However, failure to submit a copy of the | 4437 |
| certificate does not invalidate a claim for a credit. | 4438 |
| (I) For the purposes of this section, a taxpayer may include | 4439 |
| a partnership, a corporation that has made an election under | 4440 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 4441 |
| Code, or any other business entity through which income flows as a | 4442 |
| distributive share to its owners. A tax credit received under this | 4443 |
| section by a partnership, S-corporation, or other such business | 4444 |
| entity shall be apportioned among the persons to whom the income | 4445 |
| or profit of the partnership, S-corporation, or other entity is | 4446 |
| distributed, in the same proportions as those in which the income | 4447 |
| or profit is distributed. | 4448 |
| (J) If the director of development determines that a taxpayer | 4449 |
| that received a tax credit under this section is not complying | 4450 |
| with the requirement under division (E)(4) of this section, the | 4451 |
| director shall notify the tax credit authority of the | 4452 |
| noncompliance. After receiving such a notice, and after giving the | 4453 |
| taxpayer an opportunity to explain the noncompliance, the | 4454 |
| authority may terminate the agreement and require the taxpayer to | 4455 |
| refund to the state all or a portion of the credit claimed in | 4456 |
| previous years, as follows: | 4457 |
| (1) If the taxpayer maintained operations at the project site | 4458 |
| for less than the term of the credit, the amount required to be | 4459 |
| refunded shall not exceed the amount of any tax credits previously | 4460 |
| allowed and received under this section. | 4461 |
| (2) If the taxpayer maintained operations at the project site | 4462 |
| longer than the term of the credit but less than one and one-half | 4463 |
| times the term of the credit, the amount required to be refunded | 4464 |
| shall not exceed fifty per cent of the sum of any tax credits | 4465 |
| previously allowed and received under this section. | 4466 |
| (3) If the taxpayer maintained operations at the project site | 4467 |
| for at least one and one-half times the term of the credit but | 4468 |
| less than twice the term of the credit, the amount required to be | 4469 |
| refunded shall not exceed twenty-five per cent of the sum of any | 4470 |
| tax credits previously allowed and received under this section. | 4471 |
| In determining the portion of the credit to be refunded to | 4472 |
| this state, the authority shall consider the effect of market | 4473 |
| conditions on the taxpayer's project and whether the taxpayer | 4474 |
| continues to maintain other operations in this state. After making | 4475 |
| the determination, the authority shall certify the amount to be | 4476 |
| refunded to the tax commissioner. The commissioner shall make an | 4477 |
| assessment for that amount against the taxpayer under Chapter | 4478 |
| 5733. | 4479 |
| limitations
on assessments under | 4480 |
| 4481 | |
| this division, but the commissioner shall make the assessment | 4482 |
| within one year after the date the authority certifies to the | 4483 |
| commissioner the amount to be refunded. | 4484 |
| If the director of development determines that a taxpayer | 4485 |
| that received a tax credit under this section has reduced the | 4486 |
| number of employees agreed to under division (E)(5) of this | 4487 |
| section by more than ten per cent, the director shall notify the | 4488 |
| tax credit authority of the noncompliance. After receiving such | 4489 |
| notice, and after providing the taxpayer an opportunity to explain | 4490 |
| the noncompliance, the authority may amend the agreement to reduce | 4491 |
| the percentage or term of the tax credit. The reduction in the | 4492 |
| percentage or term shall take effect in the taxable year, or in | 4493 |
| the calendar year that includes the tax period, in which the | 4494 |
| authority amends the agreement. | 4495 |
| (K) The director of development, after consultation with the | 4496 |
| tax commissioner and in accordance with Chapter 119. of the | 4497 |
| Revised Code, shall adopt rules necessary to implement this | 4498 |
| section. The rules may provide for recipients of tax credits under | 4499 |
| this section to be charged fees to cover administrative costs of | 4500 |
| the tax credit program. At the time the director gives public | 4501 |
| notice under division (A) of section 119.03 of the Revised Code of | 4502 |
| the adoption of the rules, the director shall submit copies of the | 4503 |
| proposed rules to the chairpersons of the standing committees on | 4504 |
| economic development in the senate and the house of | 4505 |
| representatives. | 4506 |
| (L) On or before the thirty-first day of March of each year, | 4507 |
| the director of development shall submit a report to the governor, | 4508 |
| the president of the senate, and the speaker of the house of | 4509 |
| representatives on the tax credit program under this section. The | 4510 |
| report shall include information on the number of agreements that | 4511 |
| were entered into under this section during the preceding calendar | 4512 |
| year, a description of the project that is the subject of each | 4513 |
| such agreement, and an update on the status of projects under | 4514 |
| agreements entered into before the preceding calendar year. | 4515 |
| (M)(1) A nonrefundable credit shall be allowed to an | 4516 |
| applicable corporation and its related members in an amount equal | 4517 |
| to the applicable difference. The credit is in addition to the | 4518 |
| credit granted to the corporation or related members under | 4519 |
| division (B) of this section. The credit is subject to divisions | 4520 |
| (B) to (E) and division (J) of this section. | 4521 |
| (2) A person qualifying as an applicable corporation under | 4522 |
| this section for a tax year does not necessarily qualify as an | 4523 |
| applicable corporation for any other tax year. No person is | 4524 |
| entitled to the credit allowed under division (M) of this section | 4525 |
| for the tax year immediately following the taxable year during | 4526 |
| which the person fails to meet the requirements in divisions | 4527 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 4528 |
| to the credit allowed under division (M) of this section for any | 4529 |
| tax year for which the person is not eligible for the credit | 4530 |
| provided under division (B) of this section. | 4531 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 4532 |
| development and after entering into a participation agreement with | 4533 |
| the department of development, a participating financial | 4534 |
| institution making a capital access loan shall establish a program | 4535 |
| reserve account. The account shall be an interest-bearing account | 4536 |
| and shall contain only moneys deposited into it under the program | 4537 |
| and the interest payable on the moneys in the account. | 4538 |
| (2) All interest payable on the moneys in the program reserve | 4539 |
| account shall be added to the moneys and held as an additional | 4540 |
| loss reserve. The director may require that a portion or all of | 4541 |
| the accrued interest so held in the account be released to the | 4542 |
| department. If the director causes a release of accrued interest, | 4543 |
| the director shall deposit the released amount into the capital | 4544 |
| access loan program fund created in section 122.601 of the Revised | 4545 |
| Code. The director shall not require the release of that accrued | 4546 |
| interest more than twice in a fiscal year. | 4547 |
| (B) When a participating financial institution makes a | 4548 |
| capital access loan, it shall require the eligible business to pay | 4549 |
| to the participating financial institution a fee in an amount that | 4550 |
| is not less than one and one-half per cent, and not more than | 4551 |
| three per cent, of the principal amount of the loan. The | 4552 |
| participating financial institution shall deposit the fee into its | 4553 |
| program reserve account, and it also shall deposit into the | 4554 |
| account an amount of its own funds equal to the amount of the fee. | 4555 |
| The participating financial institution may recover from the | 4556 |
| eligible business all or part of the amount that the participating | 4557 |
| financial institution is required to deposit into the account | 4558 |
| under this division in any manner agreed to by the participating | 4559 |
| financial institution and the eligible business. | 4560 |
| (C) For each capital access loan made by a participating | 4561 |
| financial institution, the participating financial institution | 4562 |
| shall certify to the director, within a period specified by the | 4563 |
| director, that the participating financial institution has made | 4564 |
| the loan. The certification shall include the amount of the loan, | 4565 |
| the amount of the fee received from the eligible business, the | 4566 |
| amount of its own funds that the participating financial | 4567 |
| institution deposited into its program reserve account to reflect | 4568 |
| that fee, and any other information specified by the director. | 4569 |
| (D) | 4570 |
| from a participating financial institution made under division (C) | 4571 |
| of this section and subject to section 122.602 of the Revised | 4572 |
| Code, the director shall disburse to the participating financial | 4573 |
| institution from the capital access loan program fund an amount | 4574 |
| equal to fifty per cent of the principal amount of the particular | 4575 |
| capital access loan for deposit into the participating financial | 4576 |
| institution's program reserve account. Thereafter, upon receipt of | 4577 |
| a certification from that participating financial institution made | 4578 |
| under division (C) of this section and subject to section 122.602 | 4579 |
| of the Revised Code, the director shall disburse to the | 4580 |
| participating financial institution from the capital access loan | 4581 |
| program fund an amount equal to ten per cent of the principal | 4582 |
| amount of the particular capital access loan for deposit into the | 4583 |
| participating financial institution's program reserve account. The | 4584 |
| disbursement of moneys from the fund to a participating financial | 4585 |
| institution does not require approval from the controlling board. | 4586 |
| (E) If the amount in a program reserve account exceeds an | 4587 |
| amount equal to thirty-three per cent of a participating financial | 4588 |
| institution's outstanding capital access loans, the department may | 4589 |
| cause the withdrawal of the excess amount and the deposit of the | 4590 |
| withdrawn amount into the capital access loan program fund. | 4591 |
| (F)(1) The department may cause the withdrawal of the total | 4592 |
| amount in a participating financial institution's program reserve | 4593 |
| account if any of the following applies: | 4594 |
| (a) The financial institution is no longer eligible to | 4595 |
| participate in the program. | 4596 |
| (b) The participation agreement expires without renewal by | 4597 |
| the department or the financial institution. | 4598 |
| (c) The financial institution has no outstanding capital | 4599 |
| access loans. | 4600 |
| (d) The financial institution has not made a capital access | 4601 |
| loan within the preceding twenty-four months. | 4602 |
| (2) If the department causes a withdrawal under division | 4603 |
| (F)(1) of this section, the department shall deposit the withdrawn | 4604 |
| amount into the capital access loan program fund. | 4605 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 4606 |
| Revised Code: | 4607 |
| (A) "Financial institution" means any banking corporation, | 4608 |
| trust company, insurance company, savings and loan association, | 4609 |
| building and loan association, or corporation, partnership, | 4610 |
| federal lending agency, foundation, or other institution engaged | 4611 |
| in lending or investing funds for industrial or business purposes. | 4612 |
| (B) "Project" means any real or personal property connected | 4613 |
| with or being a part of an industrial, distribution, commercial, | 4614 |
| or research facility to be acquired, constructed, reconstructed, | 4615 |
| enlarged, improved, furnished, or equipped, or any combination | 4616 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 4617 |
| the Revised Code, for industrial, commercial, distribution, and | 4618 |
| research development of the state. | 4619 |
| (C) "Mortgage" means the lien imposed on a project by a | 4620 |
| mortgage on real property, or by financing statements on personal | 4621 |
| property, or a combination of a mortgage and financing statements | 4622 |
| when a project consists of both real and personal property. | 4623 |
| (D) "Mortgagor" means the principal user of a project or the | 4624 |
| person, corporation, partnership, or association unconditionally | 4625 |
| guaranteeing performance by the principal user of its obligations | 4626 |
| under the mortgage. | 4627 |
| (E)(1) "Minority business enterprise" means an individual who | 4628 |
| is a United States citizen and owns and controls a business, or a | 4629 |
| partnership, corporation, or joint venture of any kind that is | 4630 |
| owned and controlled by United States citizens, which citizen or | 4631 |
| citizens are residents of this state and are members of one of the | 4632 |
| following economically disadvantaged groups: Blacks or African | 4633 |
| Americans, American
Indians, Hispanics or Latinos, and
| 4634 |
| Asians. | 4635 |
| (2) "Owned and controlled" means that at least fifty-one per | 4636 |
| cent of the business, including corporate stock if a corporation, | 4637 |
| is owned by persons who belong to one or more of the groups set | 4638 |
| forth in division (E)(1) of this section, and that those owners | 4639 |
| have control over the management and day-to-day operations of the | 4640 |
| business and an interest in the capital, assets, and profits and | 4641 |
| losses of the business proportionate to their percentage of | 4642 |
| ownership. In order to qualify as a minority business enterprise, | 4643 |
| a business shall have been owned and controlled by those persons | 4644 |
| at least one year prior to being awarded a contract pursuant to | 4645 |
| this section. | 4646 |
| (F) "Community improvement corporation" means a corporation | 4647 |
| organized under Chapter 1724. of the Revised Code. | 4648 |
| (G) "Ohio development corporation" means a corporation | 4649 |
| organized under Chapter 1726. of the Revised Code. | 4650 |
| (H) "Minority contractors business assistance organization" | 4651 |
| means an entity engaged in the provision of management and | 4652 |
| technical business assistance to minority business enterprise | 4653 |
| entrepreneurs. | 4654 |
| (I) "Minority business supplier development council" means a | 4655 |
| nonprofit organization established as an affiliate of the national | 4656 |
| minority supplier development council. | 4657 |
| (J) "Regional economic development entity" means an entity | 4658 |
| that is under contract with the director of development to | 4659 |
| administer a loan program under this chapter in a particular area | 4660 |
| of the state. | 4661 |
| Sec. 122.72. (A) There is hereby created the minority | 4662 |
| development financing advisory board to assist in carrying out the | 4663 |
| programs created pursuant to sections 122.71 to | 4664 |
| the Revised Code. | 4665 |
| (B) The board shall consist of | 4666 |
| director of development or the director's designee shall be a | 4667 |
| voting member on the board. Seven members shall be appointed by | 4668 |
| the governor with the advice and consent of the senate and | 4669 |
| selected because of their knowledge of and experience in | 4670 |
| industrial, business, and commercial financing, suretyship, | 4671 |
| construction, and their understanding of the problems of minority | 4672 |
| business enterprises; one member also shall be a member of the | 4673 |
| senate and appointed by the president of the senate, and one | 4674 |
| member also shall be a member of the house of representatives and | 4675 |
| appointed by the speaker of the house of representatives. With | 4676 |
| respect to the board, all of the following apply: | 4677 |
| (1) Not more than four of the members of the board appointed | 4678 |
| by the governor shall be of the same political party. | 4679 |
| (2) Each member shall hold office from the date of the | 4680 |
| member's appointment until the end of the term for which the | 4681 |
| member was appointed. | 4682 |
| (3) The terms of office for the seven members appointed by | 4683 |
| the governor shall be for seven years, commencing on the first day | 4684 |
| of October and ending on the thirtieth day of September of the | 4685 |
| seventh year, except that of the original seven members, three | 4686 |
| shall be appointed for three years and two shall be appointed for | 4687 |
| five years. | 4688 |
| (4) Any member of the board is eligible for reappointment. | 4689 |
| (5) Any member appointed to fill a vacancy occurring prior to | 4690 |
| the
expiration of the term for which | 4691 |
|
was appointed shall hold office for the remainder of | 4692 |
| predecessor's term. | 4693 |
| (6) Any member shall continue in office subsequent to the | 4694 |
| expiration
date of | 4695 |
| successor takes office, or until a period of sixty days has | 4696 |
| elapsed, whichever occurs first. | 4697 |
| (7) Before entering upon | 4698 |
| the board, each member shall take an oath as provided by Section 7 | 4699 |
| of Article XV, Ohio Constitution. | 4700 |
| (8) The governor may, at any time, remove any member | 4701 |
| appointed by
| 4702 |
| Revised Code. | 4703 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 4704 |
| members shall receive their necessary and actual expenses while | 4705 |
| engaged in the business of the board and shall be paid at the per | 4706 |
| diem rate of step 1 of pay range 31 of section 124.15 of the | 4707 |
| Revised Code. | 4708 |
| (10) | 4709 |
| the affirmative
vote of | 4710 |
| necessary for any action taken by the board. | 4711 |
| (11) In the event of the absence of a member appointed by the | 4712 |
| president of the senate or by the speaker of the house of | 4713 |
| representatives, either of the following persons may serve in the | 4714 |
| member's absence: | 4715 |
| (a) The president of the senate or the speaker of the house | 4716 |
| of representatives, whoever appointed the absent member; | 4717 |
| (b) A member of the senate or of the house of representatives | 4718 |
| of the same political party as the absent member, as designated by | 4719 |
| the president of the senate or the speaker of the house of | 4720 |
| representatives, whoever appointed the absent member. | 4721 |
| (12) The board shall annually elect one of its members as | 4722 |
| 4723 | |
| vice-chairperson. | 4724 |
| Sec. 122.73. (A) The minority development financing advisory | 4725 |
| board and the director of development are invested with the powers | 4726 |
| and duties provided in sections 122.71 to
| 4727 |
| Revised Code, in order to promote the welfare of the people of the | 4728 |
| state by encouraging the establishment and expansion of minority | 4729 |
| business enterprises | 4730 |
| employment | 4731 |
| industrial, commercial, distribution, and research activities | 4732 |
| required for the people of the state, and for their gainful | 4733 |
| employment | 4734 |
| employment opportunities, or improve the economic welfare of the | 4735 |
| people of the state. It is hereby determined that the | 4736 |
| accomplishment of those purposes is essential so that the people | 4737 |
| of the state may maintain their present high standards of living | 4738 |
| in comparison with the people of other states and so that | 4739 |
| opportunities for employment and for favorable markets for the | 4740 |
| products of the state's natural resources, agriculture, and | 4741 |
|
manufacturing shall be improved | 4742 |
| it is necessary for the state to establish the programs authorized | 4743 |
| under sections 122.71 to | 4744 |
| establish the minority development financing advisory board, and | 4745 |
| to invest it and the director of development with the powers and | 4746 |
| duties provided in sections 122.71 to | 4747 |
| Code. | 4748 |
| (B) The minority development financing advisory board shall | 4749 |
| do all of the following: | 4750 |
| (1) Make recommendations to the director as to applications | 4751 |
| for assistance
pursuant to sections 122.71 to | 4752 |
| Revised Code. The board may revise its recommendations to reflect | 4753 |
| any changes in the proposed assistance made by the director. | 4754 |
| (2) Advise the director in the administration of sections | 4755 |
| 122.71 to | 4756 |
| (3) Adopt bylaws to govern the conduct of the business of the | 4757 |
| board. | 4758 |
| Sec. 122.74. (A)(1) The director of development shall do all | 4759 |
| of the following: | 4760 |
| | 4761 |
| 122.71 to | 4762 |
| but subject to division (A)(2) of this section, forward them to | 4763 |
| the minority development financing advisory board together with | 4764 |
| necessary supporting information; | 4765 |
| | 4766 |
| final determination whether to approve the application for | 4767 |
| assistance; | 4768 |
| | 4769 |
| development entity for loans made under section 122.76 of the | 4770 |
| Revised Code and make a final determination, notwithstanding | 4771 |
| divisions (A)(1) and (2) of this section, whether to approve the | 4772 |
| proposed loan; | 4773 |
| (d) Transmit the director's determinations to approve | 4774 |
| assistance to the controlling board together with any information | 4775 |
| the controlling board requires for its review and decision as to | 4776 |
| whether to approve the assistance. | 4777 |
| (2) The director is not required to submit any determination, | 4778 |
| data, terms, or any other application materials or information to | 4779 |
| the minority development financing advisory board when provision | 4780 |
| of the assistance has been recommended to the director by a | 4781 |
| regional economic development entity. | 4782 |
| (B) The director may do all of the following: | 4783 |
| (1) Fix the rate of interest and charges to be made upon or | 4784 |
| with respect to moneys loaned or guaranteed by the director and | 4785 |
| the terms upon which mortgages and lease rentals may be guaranteed | 4786 |
| and the rates of charges to be made for them and make provisions | 4787 |
| for the operation of the funds established by the director in | 4788 |
| accordance with this section and sections
122.80 | 4789 |
| 122.90 of the Revised Code; | 4790 |
| (2) Loan and guarantee moneys from the fund established in | 4791 |
| accordance with section 122.80 of the Revised Code pursuant to and | 4792 |
| in compliance with sections
122.71 to
| 4793 |
| Code. | 4794 |
| (3) Acquire in the name of the director any property of any | 4795 |
| kind or
character in accordance with sections 122.71 to | 4796 |
| 122.90 of the Revised Code, by purchase, purchase at foreclosure, | 4797 |
| or exchange on such terms and in such manner as the director | 4798 |
| considers proper; | 4799 |
| (4) Make and enter into all contracts and agreements | 4800 |
| necessary or incidental to the performance of the director's | 4801 |
| duties and the exercise of the director's powers under sections | 4802 |
| 122.71 to | 4803 |
| (5) Maintain, protect, repair, improve, and insure any | 4804 |
| property that the director has acquired and dispose of it by sale, | 4805 |
| exchange, or lease for the consideration and on the terms and in | 4806 |
| the manner as the director considers proper, but the director | 4807 |
| shall not operate any such property as a business except as the | 4808 |
| lessor of it; | 4809 |
| (6)(a) When the cost of any contract for the maintenance, | 4810 |
| protection, repair, or improvement of any property held by the | 4811 |
| director, other than compensation for personal services, involves | 4812 |
| an expenditure of more than fifty thousand dollars, the director | 4813 |
| shall make a written contract with the lowest responsive and | 4814 |
| responsible bidder in accordance with section 9.312 of the Revised | 4815 |
| Code after advertisement for not less than two consecutive weeks | 4816 |
| in a newspaper of general circulation in the county where such | 4817 |
| contract, or some substantial part of it, is to be performed, and | 4818 |
| in such other publications as the director determines, which | 4819 |
| notice shall state the general character of the work and the | 4820 |
| general character of the materials to be furnished, the place | 4821 |
| where plans and specifications therefor may be examined, and the | 4822 |
| time and place of receiving bids. | 4823 |
| (b) Each bid for a contract for the construction, demolition, | 4824 |
| alteration, repair, or reconstruction of an improvement shall | 4825 |
| contain the full name of every person interested in it and meet | 4826 |
| the requirements of section 153.54 of the Revised Code. | 4827 |
| (c) Each bid for a contract, except as provided in division | 4828 |
| (B)(6)(b) of this section, shall contain the full name of every | 4829 |
| person interested in it and shall be accompanied by bond or | 4830 |
| certified check on a solvent bank, in such amount as the director | 4831 |
| considers sufficient, that if the bid is accepted a contract will | 4832 |
| be entered into and the performance of the proposal secured. | 4833 |
| (d) The director may reject any and all bids. | 4834 |
| (e) A bond with good and sufficient surety, approved by the | 4835 |
| director, shall be required of every contractor awarded a contract | 4836 |
| except as provided in division (B)(6)(b) of this section, in an | 4837 |
| amount equal to at least fifty per cent of the contract price, | 4838 |
| conditioned upon faithful performance of the contract. | 4839 |
| (7) Employ or contract with financial consultants, | 4840 |
| appraisers, consulting engineers, superintendents, managers, | 4841 |
| construction and accounting experts, attorneys, and other | 4842 |
| employees and agents as are necessary in the director's judgment | 4843 |
| and fix their compensation; | 4844 |
| (8) Receive and accept grants, gifts, and contributions of | 4845 |
| money, property, labor, and other things of value to be held, | 4846 |
| used, and applied only
for the purpose for which | 4847 |
| gifts, and contributions are made, from individuals, private and | 4848 |
| public corporations, from the United States or any agency thereof, | 4849 |
| from the state or any agency thereof, and from any political | 4850 |
| subdivision of the state, and may agree to repay any contribution | 4851 |
| of money or to return any property contributed or the value | 4852 |
|
thereof at such times, in | 4853 |
| conditions, excluding the payment of interest, as the director | 4854 |
| determines at the time | 4855 |
| evidence | 4856 |
| instruments; | 4857 |
| (9) Establish with the treasurer of state the funds provided | 4858 |
| in sections 122.80 and 122.88 of the Revised Code in addition to | 4859 |
| such funds as the director determines are necessary or proper; | 4860 |
| (10) Adopt rules under Chapter 119. of the Revised Code | 4861 |
|
necessary to implement
sections 122.71 to | 4862 |
| Revised Code. | 4863 |
| (11) Do all acts and things necessary or proper to carry out | 4864 |
| the powers expressly granted and the duties imposed in sections | 4865 |
| 122.71 to | 4866 |
| (C)(1) All expenses and obligations incurred by the director | 4867 |
| in carrying out the director's powers and in exercising the | 4868 |
|
director's duties under sections
122.71 to | 4869 |
| Revised Code shall be payable solely from revenues or other | 4870 |
| receipts or income of the director, from grants, gifts, and | 4871 |
| contributions, or funds established in accordance with such | 4872 |
| sections. Such sections do not authorize the director to incur | 4873 |
| indebtedness or to impose liability on the state or any political | 4874 |
| subdivision of the state. | 4875 |
| (2) Financial statements and other data submitted to the | 4876 |
| director by any corporation, partnership, or person in connection | 4877 |
| with financial assistance
provided under sections 122.71 to | 4878 |
| 122.90 of the Revised Code, or any information taken from such | 4879 |
| statements or data for any purpose, shall not be open to public | 4880 |
| inspection. | 4881 |
| Sec. 122.75. The director of development shall, for the | 4882 |
|
minority business development loan program | 4883 |
| business bonding program, and the minority business bond guarantee | 4884 |
| program under sections 122.87 to | 4885 |
| Code, do all of the following: | 4886 |
| (A) Hire employees, consultants, and agents and fix their | 4887 |
| compensation; | 4888 |
| (B) Adopt bylaws and rules for the regulation of the business | 4889 |
| of the minority development financing advisory board; | 4890 |
| (C) Receive and accept grants, gifts, and contributions of | 4891 |
| money, property, labor, and other things of value, to be held, | 4892 |
| used, and applied only for the purpose for which the grants, | 4893 |
| gifts, and contributions are made, from individuals, private and | 4894 |
| public corporations, the United States or any agency of the United | 4895 |
| States, the state or any agency of the state, and any political | 4896 |
| subdivision of the state. The director may agree to repay any | 4897 |
| contribution of money or to return any property contributed or its | 4898 |
| value at such times,
in | 4899 |
| conditions, excluding the payment of interest, as the director | 4900 |
| determines at the time the contribution is made. The director may | 4901 |
| evidence the obligations by written contracts, subject to section | 4902 |
| 122.76 of the Revised Code; provided, that the director shall not | 4903 |
| thereby incur indebtedness of or impose liability upon the state | 4904 |
| or any political subdivision. | 4905 |
| (D) Establish funds with the treasurer of state in addition | 4906 |
| to the minority business bonding fund created under section 122.88 | 4907 |
| of the Revised Code; | 4908 |
| (E) Invest money in the funds the director establishes | 4909 |
| pursuant to division (D) of this section that is in excess of | 4910 |
| current needs, in notes, bonds, or other obligations that are | 4911 |
| direct obligations of or are guaranteed by the United States, or | 4912 |
| in certificates of deposit or withdrawable accounts of banks, | 4913 |
| trust companies, | 4914 |
| under the laws of this state or the United States, and may credit | 4915 |
| the income or sell the investments at the director's discretion; | 4916 |
| (F) Acquire any property of any kind or character in | 4917 |
| accordance with sections 122.71 to 122.83 of the Revised Code, by | 4918 |
| purchase, purchase at foreclosure, or exchange on terms and in a | 4919 |
| manner the director considers proper; | 4920 |
| (G)(1) Maintain, protect, repair, improve, and insure any | 4921 |
| property the director has acquired and dispose of it by sale, | 4922 |
| exchange, or lease for the consideration and on terms and in a | 4923 |
| manner the director considers proper. The director may not operate | 4924 |
| any property as a business except as a lessor of the property. | 4925 |
| When the cost of any contract for the maintenance, protection, | 4926 |
| repair, or improvement of any property of the advisory board | 4927 |
| connected with the minority business development loan program, | 4928 |
| other than compensation for personal services, involves an | 4929 |
| expenditure of more than one thousand dollars, the director shall | 4930 |
| enter into a written contract with the lowest and best bidder | 4931 |
| after advertisement for not less than four consecutive weeks in a | 4932 |
| newspaper of general circulation in the county where the contract, | 4933 |
| or some substantial part of it, is to be performed, and in other | 4934 |
| publications as the director determines. The notice shall state | 4935 |
| the general character of the work and the general character of the | 4936 |
| materials to be furnished, the place where plans and | 4937 |
| specifications for the work and materials may be examined, and the | 4938 |
| time and place of receiving bids. | 4939 |
| (2) Each bid for a contract for the construction, demolition, | 4940 |
| alteration, repair, or reconstruction of an improvement shall | 4941 |
| contain the full name of every person interested in it and meet | 4942 |
| the requirements of section 153.54 of the Revised Code. | 4943 |
| (3) Each bid for a contract, except as provided in division | 4944 |
| (G)(2) of this section, shall contain the full name of every | 4945 |
| person interested in it and shall be accompanied by a bond or | 4946 |
| certified check on a solvent bank, in the amount of ten per cent | 4947 |
| of the bid, that if the bid is accepted a contract will be entered | 4948 |
| into and the performance of its proposal secured. The director may | 4949 |
| reject any or all bids. A bond with good and sufficient surety, | 4950 |
| approved by the director, shall be required of all contractors in | 4951 |
| an amount equal to at least one hundred per cent of the contract | 4952 |
| price, conditioned upon faithful performance of the contract. | 4953 |
| (H) Expend money appropriated to the department of | 4954 |
| development by the general assembly for the purposes of sections | 4955 |
|
122.71 to 122.83 and 122.87 to | 4956 |
| (I) Do all acts and things necessary or proper to carry out | 4957 |
| the powers expressly granted and the duties imposed in sections | 4958 |
| 122.71 to 122.83 and 122.87 to | 4959 |
| Sec. 122.751. The minority development financing advisory | 4960 |
| board or a regional economic development entity shall only | 4961 |
| consider an application for a loan from any applicant after a | 4962 |
| certification by the equal employment opportunity coordinator of | 4963 |
| the department of administrative services under division (B)(1) of | 4964 |
| section 123.151 of the Revised Code that the applicant is a | 4965 |
| minority business enterprise, or after a certification by the | 4966 |
| minority business supplier development council that the applicant | 4967 |
| is a minority business, and that the applicant satisfies all | 4968 |
| criteria regarding eligibility for assistance pursuant to section | 4969 |
| 122.76 of the Revised Code. | 4970 |
| Sec. 122.76. (A) The director of development, with | 4971 |
| controlling board approval, may lend funds to minority business | 4972 |
| enterprises and to community improvement corporations, Ohio | 4973 |
| development corporations, minority contractors business assistance | 4974 |
| organizations, and minority business supplier development councils | 4975 |
| for the purpose of loaning funds to minority business enterprises | 4976 |
| and for the purpose of procuring or improving real or personal | 4977 |
| property, or both, for the establishment, location, or expansion | 4978 |
| of industrial, distribution, commercial, or research facilities in | 4979 |
| the state, if the director determines, in the director's sole | 4980 |
| discretion, that all of the following apply: | 4981 |
| (1) The project is economically sound and will benefit the | 4982 |
| people of the state by increasing opportunities for employment, by | 4983 |
| strengthening the economy of the state, or expanding minority | 4984 |
| business enterprises. | 4985 |
| (2) The proposed minority business enterprise borrower is | 4986 |
| unable to finance the proposed project through ordinary financial | 4987 |
| channels at comparable terms. | 4988 |
| (3) The value of the project is or, upon completion, will be | 4989 |
| at least equal to the total amount of the money expended in the | 4990 |
| procurement or improvement of the project, and one or more | 4991 |
| financial institutions or other governmental entities have loaned | 4992 |
| not less than thirty per cent of that amount. | 4993 |
| (4) The amount to be loaned by the director will not exceed | 4994 |
| sixty per cent of the total amount expended in the procurement or | 4995 |
| improvement of the project. | 4996 |
| (5) The amount to be loaned by the director will be | 4997 |
| adequately secured by a first or second mortgage upon the project | 4998 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 4999 |
| other property or contracts as the director requires, and such | 5000 |
| mortgage will not be subordinate to any other liens or mortgages | 5001 |
| except the liens securing loans or investments made by financial | 5002 |
| institutions referred to in division (A)(3) of this section, and | 5003 |
| the liens securing loans previously made by any financial | 5004 |
| institution in connection with the procurement or expansion of all | 5005 |
| or part of a project. | 5006 |
| (B) Any proposed minority business enterprise borrower | 5007 |
| submitting an application for assistance under this section shall | 5008 |
| not have defaulted on a previous loan from the director, and no | 5009 |
| full or limited partner, major shareholder, or holder of an equity | 5010 |
| interest of the proposed minority business enterprise borrower | 5011 |
| shall have defaulted on a loan from the director. | 5012 |
| (C) The proposed minority business enterprise borrower shall | 5013 |
| demonstrate to the satisfaction of the director that it is able to | 5014 |
| successfully compete in the private sector if it obtains the | 5015 |
| necessary financial, technical, or managerial support and that | 5016 |
| support is available through the director, the minority business | 5017 |
| development office of the department of development, or other | 5018 |
| identified and acceptable sources. In determining whether a | 5019 |
| minority business enterprise borrower will be able to successfully | 5020 |
| compete, the director may give consideration to such factors as | 5021 |
| the successful completion of or participation in courses of study, | 5022 |
| recognized by the board of regents as providing financial, | 5023 |
| technical, or managerial skills related to the operation of the | 5024 |
| business, by the economically disadvantaged individual, owner, or | 5025 |
| partner, and the prior success of the individual, owner, or | 5026 |
| partner in personal, career, or business activities, as well as to | 5027 |
| other factors identified by the director. | 5028 |
| (D) The director shall not lend funds for the purpose of | 5029 |
|
procuring or improving motor vehicles | 5030 |
| 5031 | |
| 5032 |
| Sec. 122.77. (A) The director of development with | 5033 |
| controlling board approval may make loan guarantees to small | 5034 |
| businesses and corporations for the purpose of guaranteeing loans | 5035 |
| made to small businesses by financial institutions for the purpose | 5036 |
| of procuring or improving real or personal property, or both, for | 5037 |
| the establishment, location, or expansion of industrial, | 5038 |
| distribution, commercial, or research facilities in the state, if | 5039 |
| the director determines,
in | 5040 |
| that all of the following apply: | 5041 |
| (1) The project is economically sound and will benefit the | 5042 |
| people of the state by increasing opportunities for employment, by | 5043 |
| strengthening the economy of the state, or expanding minority | 5044 |
| business enterprises | 5045 |
| (2) The proposed small business borrower is unable to finance | 5046 |
| the proposed project through ordinary financial channels at | 5047 |
| comparable terms | 5048 |
| (3) The value of the project is, or upon completion of it | 5049 |
| will be, at least equal to the total amount of the money expended | 5050 |
| in the procurement or improvement of the project and of which | 5051 |
| amount one or more financial institutions or other governmental | 5052 |
| entities have loaned not less than thirty
per cent | 5053 |
| (4) The amount to be guaranteed by the director will not | 5054 |
| exceed | 5055 |
| procurement or improvement of the
project | 5056 |
| (5) The amount to be guaranteed by the director will be | 5057 |
| adequately secured by a first or second mortgage upon the project, | 5058 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 5059 |
| other property or contracts as the director shall require and that | 5060 |
| such mortgage will not be subordinate to any other liens or | 5061 |
| mortgages except the liens securing loans or investments made by | 5062 |
| financial institutions referred to in division (A)(3) of this | 5063 |
| section, and the liens securing loans previously made by any | 5064 |
| financial institution in connection with the procurement or | 5065 |
| expansion of all or part of a project. | 5066 |
| (B) The proposed small business borrower shall not have | 5067 |
| defaulted on a previous loan or guarantee from the director, and | 5068 |
| no full or limited partner, or major shareholder, or holder of any | 5069 |
| equity interest of the proposed minority business enterprise | 5070 |
| borrower shall have defaulted on a loan or guarantee from the | 5071 |
| director. | 5072 |
| (C) The proposed small business borrower shall demonstrate to | 5073 |
| the satisfaction of the director that it is able to successfully | 5074 |
| compete in the private sector if it obtains the necessary | 5075 |
| financial, technical, or managerial support and that support is | 5076 |
| available through the director, the minority business development | 5077 |
| office of the department of development, or other identified and | 5078 |
| acceptable sources. In determining whether a small business | 5079 |
| borrower will be able to successfully compete, the director may | 5080 |
| give consideration to such factors as the successful completion of | 5081 |
| or participation in courses of study, recognized by the board of | 5082 |
| regents as providing financial, technical, or managerial skills | 5083 |
| related to the operation of the business, by the economically | 5084 |
| disadvantaged individual, owner, or partner, and the prior success | 5085 |
| of the individual, owner, or partner in personal, career, or | 5086 |
| business activities, as well as to other factors identified by the | 5087 |
| director. | 5088 |
| (D) The director shall not guarantee funds for the purpose of | 5089 |
|
procuring or improving motor vehicles | 5090 |
| 5091 | |
| 5092 |
| Sec. 122.78. Fees, charges, rates of interest, times of | 5093 |
| payment of interest and principal, and other terms, conditions, | 5094 |
| and provisions of the loans and guarantees made by the director of | 5095 |
|
development pursuant to sections 122.71 to | 5096 |
| Revised Code shall be such as the director determines to be | 5097 |
| appropriate and in furtherance of the purpose for which the loans | 5098 |
| and guarantees are made, but the mortgage lien securing any money | 5099 |
| loaned or guaranteed by the director may be subordinate to the | 5100 |
| mortgage lien securing any money loaned or invested by a financial | 5101 |
| institution, but shall be superior to that securing any money | 5102 |
| loaned or expended by any other corporation or person. The funds | 5103 |
| used in making these loans or guarantees shall be disbursed upon | 5104 |
| order of the director. | 5105 |
| Sec. 122.79. The exercise of the powers granted by sections | 5106 |
| 122.71 to | 5107 |
| respects for the benefit of the people of the state, for the | 5108 |
| increase of their commerce and prosperity, for the increase and | 5109 |
| expansion of minority business enterprises, and for the | 5110 |
| improvement of conditions of employment, and will constitute the | 5111 |
| performance of essential governmental functions; therefore, the | 5112 |
| director of development shall not be required to pay any taxes | 5113 |
| upon any property or assets held by | 5114 |
| property acquired or used by | 5115 |
| 122.71 to | 5116 |
| from it, provided that this exemption shall not apply to any | 5117 |
| property held by the director while it is in the possession of a | 5118 |
| private person, partnership, or corporation and used for private | 5119 |
| purposes for profit, in which case such tax liability shall accrue | 5120 |
|
to | 5121 |
| Sec. 122.82. All moneys, funds, properties, and assets | 5122 |
| acquired by the
director of development shall be held by | 5123 |
| director in
trust to carry out | 5124 |
| duties, shall be used as provided in sections 122.71
to | 5125 |
| 122.90 of the Revised Code, and shall at no time be part of other | 5126 |
| public funds. | 5127 |
| Sec. 122.83. Any person who intentionally misrepresents that | 5128 |
| person's self as owning, controlling, operating, or participating | 5129 |
| in a minority business enterprise for the purpose of obtaining | 5130 |
| funds, contracts, subcontracts, services, or any other benefits | 5131 |
| under sections 122.71 to 122.85 or 122.87 to
| 5132 |
| Revised Code is guilty of theft by deception, pursuant to section | 5133 |
| 2913.02 of the Revised Code. | 5134 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 5135 |
| enterprise" means a sole proprietorship, association, partnership, | 5136 |
| corporation, limited liability corporation, or joint venture | 5137 |
| certified as a participant in the encouraging diversity, growth, | 5138 |
| and equity program by the director of administrative services | 5139 |
| under this section of the Revised Code. | 5140 |
| (B) The director of administrative services shall establish a | 5141 |
| business assistance program known as the encouraging diversity, | 5142 |
| growth, and equity program and shall adopt rules in accordance | 5143 |
| with Chapter 119. of the Revised Code to administer the program | 5144 |
| 5145 |
| (1) Establish procedures by which a sole proprietorship, | 5146 |
| association, partnership, corporation, limited liability | 5147 |
| corporation, or joint venture may apply for certification as an | 5148 |
| EDGE business enterprise; | 5149 |
| (2) | 5150 |
| section, establish agency procurement goals for contracting with | 5151 |
| EDGE business enterprises in the award of contracts under Chapters | 5152 |
| 123., 125., and 153. of the Revised Code based on the availability | 5153 |
| of eligible program participants by region or geographic area, as | 5154 |
| determined by the director, and by standard industrial code or | 5155 |
| equivalent code classification. | 5156 |
| (a) Goals established under division (B)(2) of this section | 5157 |
| shall be based on a percentage level of participation and a | 5158 |
| percentage of contractor availability. | 5159 |
| (b) Goals established under division (B)(2) of this section | 5160 |
| shall be applied at the contract level, relative to an overall | 5161 |
| dollar goal for each state agency, in accordance with the | 5162 |
| following certification categories: construction, architecture, | 5163 |
| and engineering; professional services; goods and services; and | 5164 |
| information technology services. | 5165 |
| (3) Establish a system of certifying EDGE business | 5166 |
| enterprises based on a requirement that the business owner or | 5167 |
| owners show both social and economic disadvantage based on the | 5168 |
| following, as determined to be sufficient by the director: | 5169 |
| (a) Relative wealth of the business seeking certification as | 5170 |
| well as the personal wealth of the owner or owners of the | 5171 |
| business; | 5172 |
| (b) Social disadvantage based on any of the following: | 5173 |
| (i) A rebuttable presumption when the business owner or | 5174 |
| owners demonstrate membership in a racial minority group or show | 5175 |
| personal disadvantage due to color, ethnic origin, gender, | 5176 |
| physical disability, long-term residence in an environment | 5177 |
| isolated from the mainstream of American society, location in an | 5178 |
| area of high unemployment; | 5179 |
| (ii) Some other demonstration of personal disadvantage not | 5180 |
| common to other small businesses; | 5181 |
| (iii) By business location in a qualified census tract. | 5182 |
| (c) Economic disadvantage based on economic and business size | 5183 |
| thresholds and eligibility criteria designed to stimulate economic | 5184 |
| development through contract awards to businesses located in | 5185 |
| qualified census tracts. | 5186 |
| (4) Establish standards to determine when an EDGE business | 5187 |
| enterprise no longer qualifies for EDGE business enterprise | 5188 |
| certification; | 5189 |
| (5) Develop a process for evaluating and adjusting goals | 5190 |
| established by this section to determine what adjustments are | 5191 |
| necessary to achieve participation goals established by the | 5192 |
| director; | 5193 |
| (6) Establish a point system or comparable system to evaluate | 5194 |
| bid proposals to encourage EDGE business enterprises to | 5195 |
| participate in the procurement of professional design and | 5196 |
| information technology services; | 5197 |
| (7) Establish a system to track data and analyze each | 5198 |
| certification category established under division (B)(2)(b) of | 5199 |
| this section; | 5200 |
| (8) Establish a process to mediate complaints and to review | 5201 |
| EDGE business enterprise certification appeals; | 5202 |
| (9) Implement an outreach program to educate potential | 5203 |
| participants about the encouraging diversity, growth, and equity | 5204 |
| program; | 5205 |
| (10) Establish a system to assist state agencies in | 5206 |
| identifying and utilizing EDGE business enterprises in their | 5207 |
| contracting processes; | 5208 |
| (11) Implement a system of self-reporting by EDGE business | 5209 |
| enterprises as well as an on-site inspection process to validate | 5210 |
| the qualifications of an EDGE business enterprise; | 5211 |
| (12) Establish a waiver mechanism to waive program goals or | 5212 |
| participation requirements for those companies that, despite their | 5213 |
| best-documented efforts, are unable to contract with certified | 5214 |
| EDGE business enterprises; | 5215 |
| (13) Establish a process for monitoring overall program | 5216 |
| compliance in which equal employment opportunity officers | 5217 |
| primarily are responsible for monitoring their respective | 5218 |
| agencies; | 5219 |
| (14) Establish guidelines for state universities as defined | 5220 |
| in section 3345.011 of the Revised Code and the Ohio school | 5221 |
| facilities commission created in section 3318.30 of the Revised | 5222 |
| Code for awarding contracts pursuant to Chapters 153., 3318., and | 5223 |
| 3345. of the Revised Code to allow the universities and commission | 5224 |
| to establish agency procurement goals for contracting with EDGE | 5225 |
| business enterprises. | 5226 |
| (C) | 5227 |
| 5228 | |
| 5229 | |
| 5230 | |
| trade secrets submitted by encouraging diversity, growth, and | 5231 |
| equity program applicants to the director pursuant to this section | 5232 |
| are not public records for purposes of section 149.43 of the | 5233 |
| Revised Code, unless the director presents the financial | 5234 |
| information or trade secrets at a public hearing or public | 5235 |
| proceeding regarding the applicant's eligibility to participate in | 5236 |
| the program. | 5237 |
| Sec. 123.17. (A) As used in this section, "institution of | 5238 |
| higher education" means a state university or college, as defined | 5239 |
| in section 3345.12 of the Revised Code, or a state community | 5240 |
| college. | 5241 |
| (B) | 5242 |
| shall establish a local administration competency certification | 5243 |
| program to certify institutions of higher education to administer | 5244 |
| capital facilities projects pursuant to section 3345.51 of the | 5245 |
| Revised Code without the supervision, control, or approval of the | 5246 |
| department of administrative services. The program shall offer | 5247 |
| instruction in the administration of capital facilities projects | 5248 |
| for employees of institutions of higher education who are | 5249 |
| responsible for such administration and who are selected by their | 5250 |
| employing institutions to participate in the program. | 5251 |
| (C) The program shall provide instruction about the | 5252 |
| provisions of Chapters 9., 123., and 153. of the Revised Code and | 5253 |
| any rules or policies adopted by the department regarding the | 5254 |
| planning, design, and construction of capital facilities, | 5255 |
| including all of the following: | 5256 |
| (1) The planning, design, and construction process; | 5257 |
| (2) Contract requirements; | 5258 |
| (3) Construction management; | 5259 |
| (4) Project management. | 5260 |
| (D) The state architect shall award local administration | 5261 |
| competency certification to any institution of higher education if | 5262 |
| all of the following apply: | 5263 |
| (1) The institution applied for certification on a form and | 5264 |
| in a manner prescribed by the state architect. | 5265 |
| (2) The state architect determines that a sufficient number | 5266 |
| of the institution's employees, representing a sufficient number | 5267 |
| of employee classifications, responsible for the administration of | 5268 |
| capital facilities projects | 5269 |
| certification program to ensure that any capital facilities | 5270 |
| project undertaken by the institution will be administered | 5271 |
| successfully and in accordance with all provisions of the Revised | 5272 |
| Code, and the board of trustees of the institution provides | 5273 |
| written assurance to the state architect that the institution will | 5274 |
| select new employees to participate in the certification program | 5275 |
| as necessary to compensate for employee turnover. | 5276 |
| (3) The state architect determines that the employees of the | 5277 |
| institution enrolled in the program demonstrate successful | 5278 |
| completion of the competency certification training and a | 5279 |
| satisfactory level of knowledge of and competency in the | 5280 |
| requirements for administering capital facilities projects. | 5281 |
| (4) The institution pays the fee prescribed by division | 5282 |
| 5283 |
| (5) The board of trustees of the institution provides written | 5284 |
| assurance to the state architect that the institution will conduct | 5285 |
| biennial audits of the institution's administration of capital | 5286 |
| facilities projects in accordance with division (C) of section | 5287 |
| 3345.51 of the Revised Code. | 5288 |
| (6) The board of trustees of the institution agrees in | 5289 |
| writing to indemnify and hold harmless the state and the | 5290 |
| department for any claim of injury, loss, or damage that results | 5291 |
| from the institution's administration of a capital facilities | 5292 |
| project. | 5293 |
| (E) Local administration competency certification granted | 5294 |
| under this section shall remain in effect for as long as the state | 5295 |
| architect determines that both of the following apply: | 5296 |
| (1) The institution of higher education maintains a | 5297 |
| sufficient number of employees responsible for the administration | 5298 |
| of capital facilities projects who have successfully completed the | 5299 |
| certification program and have demonstrated a satisfactory level | 5300 |
| of knowledge of and competency in the requirements for | 5301 |
| administering capital facilities projects; | 5302 |
| (2) The institution is performing the biennial audits | 5303 |
| prescribed in division (C) of section 3345.51 of the Revised Code. | 5304 |
| If the state architect determines that an institution of | 5305 |
| higher education has failed to comply with the conditions of | 5306 |
| division (E)(1) or (2) of this section, the state architect shall | 5307 |
| revoke the institution's certification and shall notify the board | 5308 |
| of trustees of the institution in writing of the revocation. | 5309 |
| (F) The state architect shall establish, subject to the | 5311 |
| approval of the director of budget and management, the amount of | 5312 |
| the fee required to be paid by any institution of higher education | 5313 |
| that seeks certification under this section. The amount of the | 5314 |
| fees shall be set to cover the costs to implement this section, | 5315 |
| including the costs for materials and the competency certification | 5316 |
| training sessions. Any fees received under this section shall be | 5317 |
| paid into the state treasury to the credit of the state | 5318 |
| architect's fund established under section 123.10 of the Revised | 5319 |
| Code. | 5320 |
| | 5321 |
| that administers a capital facilities project under section | 5322 |
| 3345.51 of the Revised Code from requesting guidance or other | 5323 |
| services from the department of administrative services. | 5324 |
| Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08, | 5325 |
| 125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the | 5326 |
| Revised Code shall be construed as limiting the attorney general, | 5327 |
| auditor of state, secretary of state, or treasurer of state in any | 5328 |
| of the following: | 5329 |
| (A) Purchases for less than the dollar amounts for the | 5330 |
| purchase of supplies or services determined pursuant to division | 5331 |
| (D) of section 125.05 of the Revised Code; | 5332 |
| (B) Purchases that equal or exceed the dollar amounts for the | 5333 |
| purchase of supplies or services determined pursuant to division | 5334 |
| (D) of section 125.05 of the Revised Code with the approval of the | 5335 |
| controlling board, if that approval is required by section 127.16 | 5336 |
| of the Revised Code; | 5337 |
| (C) The final determination of the nature or quantity making | 5338 |
| any purchase of supplies or services to be purchased pursuant to | 5339 |
| section 125.06 of the Revised Code; | 5340 |
| (D) The final determination and disposal of excess and | 5341 |
| surplus supplies; | 5342 |
| (E) The inventory of state property; | 5343 |
| (F) The purchase of printing; | 5344 |
| (G) | 5345 |
| development and use; | 5346 |
| (H) The fleet management program. | 5347 |
| Sec. 125.05. Except as provided in division (E) of this | 5348 |
| section, no state agency shall purchase any supplies or services | 5349 |
| except as provided in divisions (A) to (C) of this section. | 5350 |
| (A) Subject to division (D) of this section, a state agency | 5351 |
| may, without competitive selection, make any purchase of services | 5352 |
| that cost fifty thousand dollars or less or any purchase of | 5353 |
| supplies that cost twenty-five thousand dollars or less. The | 5354 |
| agency may make the purchase directly or may make the purchase | 5355 |
| from or through the department of administrative services, | 5356 |
| whichever the agency determines. The department shall establish | 5357 |
| written procedures to assist state agencies when they make direct | 5358 |
| purchases. If the agency makes the purchase directly, it shall | 5359 |
| make the purchase by a term contract whenever possible. | 5360 |
| (B) Subject to division (D) of this section, a state agency | 5361 |
| wanting to purchase services that cost more than fifty thousand | 5362 |
| dollars or supplies that cost more than twenty-five thousand | 5363 |
| dollars shall, unless otherwise authorized by law, make the | 5364 |
| purchase from or through the department. The department shall make | 5365 |
| the purchase by competitive selection under section 125.07 of the | 5366 |
| Revised Code. If the director of administrative services | 5367 |
| determines that it is not possible or not advantageous to the | 5368 |
| state for the department to make the purchase, the department | 5369 |
| shall grant the agency a release and permit under section 125.06 | 5370 |
| of the Revised Code to make the purchase. Section 127.16 of the | 5371 |
| Revised Code does not apply to purchases the department makes | 5372 |
| under this section. | 5373 |
| (C) An agency that has been granted a release and permit to | 5374 |
| make a purchase may make the purchase without competitive | 5375 |
| selection if after making the purchase the cumulative purchase | 5376 |
| threshold as computed under division (F) of section 127.16 of the | 5377 |
| Revised Code would: | 5378 |
| (1) Be exceeded and the controlling board approves the | 5379 |
| purchase; | 5380 |
| (2) Not be exceeded and the department of administrative | 5381 |
| services approves the purchase. | 5382 |
| (D) Not later than January 31, 1997, the amounts specified in | 5383 |
| divisions (A) and (B) of this section and, not later than the | 5384 |
| thirty-first day of January of each second year thereafter, any | 5385 |
| amounts computed by adjustments made under this division, shall be | 5386 |
| increased or decreased by the average percentage increase or | 5387 |
| decrease in the consumer price index prepared by the United States | 5388 |
| bureau of labor statistics (U.S. City Average for Urban Wage | 5389 |
| Earners and Clerical Workers: "All Items 1982-1984=100") for the | 5390 |
| twenty-four calendar month period prior to the immediately | 5391 |
| preceding first day of January over the immediately preceding | 5392 |
| twenty-four calendar month period, as reported by the bureau. The | 5393 |
| director of administrative services shall make this determination | 5394 |
| and adjust the appropriate amounts accordingly. | 5395 |
| (E) If | 5396 |
| education,
| 5397 |
| designated by the governor to assume the functions of the Ohio | 5398 |
| SchoolNet commission determines that it can purchase software | 5399 |
| services or supplies for specified school districts at a price | 5400 |
| less than the price for which the districts could purchase the | 5401 |
| same software services or supplies for
themselves, the | 5402 |
| department, | 5403 |
| department of administrative services and, acting as an agent for | 5404 |
| the specified school districts, shall make that purchase without | 5405 |
| following the provisions in divisions (A) to (D) of this section. | 5406 |
| Sec. 125.18. (A) There is hereby established the office of | 5407 |
| information technology in the department of administrative | 5408 |
| services. The office shall be under the supervision of a chief | 5409 |
| information officer to be appointed by the governor and subject to | 5410 |
| removal at the pleasure of the governor. The chief information | 5411 |
| officer shall serve as the director of the office. | 5412 |
| (B) The director of the office of information technology | 5413 |
| shall advise the governor regarding the superintendence and | 5414 |
| implementation of statewide information technology policy. | 5415 |
| (C) The director of the office of information technology | 5416 |
| shall lead, oversee, and direct state agency activities related to | 5417 |
| information technology development and use. In that regard, the | 5418 |
| director shall do all of the following: | 5419 |
| (1) Coordinate and superintend statewide efforts to promote | 5420 |
| common use and development of technology by multiple state | 5421 |
| agencies. The office of information technology relatedly shall | 5422 |
| establish policies and standards that govern and direct state | 5423 |
| agency participation in statewide programs and initiatives. | 5424 |
| (2) Establish policies and standards for the acquisition and | 5425 |
| use of information technology by state agencies, including, but | 5426 |
| not limited to, hardware, software, technology services, and | 5427 |
| security, with which state agencies shall comply; | 5428 |
| (3) Establish criteria and review processes to identify state | 5429 |
| agency information technology projects that require alignment or | 5430 |
| oversight. As appropriate, the office of information technology | 5431 |
| shall provide the governor and the director of budget and | 5432 |
| management with notice and advice regarding the appropriate | 5433 |
| allocation of resources for those projects. The director of the | 5434 |
| office of information technology may require state agencies to | 5435 |
| provide, and may prescribe the form and manner by which they must | 5436 |
| provide, information to fulfill the director's alignment and | 5437 |
| oversight role. | 5438 |
| (D) The office of information technology may make contracts | 5439 |
| for, operate, and superintend technology services for state | 5440 |
| agencies in accordance with this chapter. | 5441 |
| (E) The office of information technology may establish | 5442 |
| cooperative agreements with federal and local government agencies | 5443 |
| and state agencies that are not under the authority of the | 5444 |
| governor for the provision of technology services and the | 5445 |
| development of technology projects. | 5446 |
| (F) As used in this section, "state agency" means every | 5447 |
| organized body, office, or agency established by the laws of the | 5448 |
| state for the exercise of any function of state government, other | 5449 |
| than any state-supported institution of higher education, the | 5450 |
| office of the auditor of state, treasurer of state, secretary of | 5451 |
| state, or attorney general, the general assembly or any | 5452 |
| legislative agency, or the courts or any judicial agency. | 5453 |
| Sec. 125.831. As used in sections 125.831 to 125.833 of the | 5454 |
| Revised Code: | 5455 |
| (A) "Law enforcement officer" means an officer, agent, or | 5456 |
| employee of a state agency upon whom, by statute, a duty to | 5457 |
| conserve the peace or to enforce all or certain laws is imposed | 5458 |
| and the authority to arrest violators is conferred, within the | 5459 |
| limits of that statutory duty and authority, but does not include | 5460 |
| such an officer, agent, or employee if that duty and authority is | 5461 |
| location specific. | 5462 |
| (B)(1) "Motor vehicle" means any automobile, car minivan, | 5463 |
| cargo van, passenger van, sport utility vehicle, or pickup truck | 5464 |
| with a gross vehicle weight of under twelve thousand pounds. | 5465 |
| (2) "Motor vehicle" does not include, except for the purposes | 5466 |
| of division (C) of section 125.832 of the Revised Code, any | 5467 |
| vehicle described in division (B)(1) of this section that is used | 5468 |
| by a law enforcement officer and law enforcement agency or any | 5469 |
| vehicle that is so described and that is equipped with specialized | 5470 |
| equipment that is not normally found in such a vehicle and that is | 5471 |
| used to carry out a state agency's specific and specialized duties | 5472 |
| and responsibilities. | 5473 |
| (C) "Specialized equipment" does not include standard mobile | 5474 |
| radios with no capabilities other than voice communication, | 5475 |
| exterior and interior lights, or roof-mounted caution lights. | 5476 |
| (D) "State agency" means every organized body, office, board, | 5477 |
| authority, commission, or agency established by the laws of the | 5478 |
| state for the exercise of any governmental or quasi-governmental | 5479 |
| function of state government regardless of the funding source for | 5480 |
| that entity, other than any | 5481 |
| education, the office of the governor, lieutenant governor, | 5482 |
| auditor of state, treasurer of state, secretary of state, or | 5483 |
| attorney general, the general assembly or any legislative agency, | 5484 |
| 5485 | |
| system or retirement program established by or referenced in the | 5486 |
| Revised Code. | 5487 |
| (E) "State institution of higher education" has the same | 5488 |
| meaning as in section 3345.011 of the Revised Code. | 5489 |
| Sec. 125.832. (A) The department of administrative services | 5490 |
| is granted exclusive authority over the acquisition and management | 5491 |
| of all motor vehicles used by state agencies. In carrying out this | 5492 |
| authority, the department shall do both of the following: | 5493 |
| (1) Approve the purchase or lease of each motor vehicle for | 5494 |
| use by a state agency. The department shall decide if a motor | 5495 |
| vehicle shall be leased or purchased for that use. | 5496 |
| Except as otherwise provided in division (A)(1) of this | 5497 |
| section, on and after July 1, 2005, each state agency shall | 5498 |
| acquire all passenger motor vehicles under the department's master | 5499 |
| leasing program. If the department determines that acquisition | 5500 |
| under that program is not the most economical method and if the | 5501 |
| department and the state agency acquiring the passenger motor | 5502 |
| vehicle can provide economic justification for doing so, the | 5503 |
| department may approve the purchase, rather than the lease, of a | 5504 |
| passenger motor vehicle for the acquiring state agency. | 5505 |
| (2) Direct and approve all funds that are expended for the | 5506 |
| purchase, lease, repair, maintenance, registration, insuring, and | 5507 |
| other costs related to the possession and operation of motor | 5508 |
| vehicles for the use of state agencies. | 5509 |
| (B) The director of administrative services shall establish | 5510 |
| and operate a fleet management program. The director shall operate | 5511 |
| the program for purposes including, but not limited to, | 5512 |
| cost-effective acquisition, maintenance, management, analysis, and | 5513 |
| disposal of all motor vehicles owned or leased by the state. All | 5514 |
| state agencies shall comply with statewide fleet management | 5515 |
| policies and procedures established by the director for the | 5516 |
| program, including, but not limited to, motor vehicle assignments, | 5517 |
| additions of motor vehicles to fleets or motor vehicle | 5518 |
| replacements, motor vehicle fueling, and motor vehicle repairs. | 5519 |
| (C) The director shall establish and maintain a fleet | 5520 |
| reporting system and shall require state agencies to submit to the | 5521 |
| department information relative to state motor vehicles, including | 5522 |
| motor vehicles described in division (B)(2) of section 125.831 of | 5523 |
| the Revised Code, to be used in operating the fleet management | 5524 |
| program. State agencies shall provide to the department fleet data | 5525 |
| and other information, including, but not limited to, mileage and | 5526 |
| costs. The data and other information shall be submitted in | 5527 |
| formats and in a manner determined by the department. | 5528 |
| (D) All state agency purchases or leases of motor vehicles | 5529 |
| are subject to the prior approval of the director under division | 5530 |
| (A)(1) of this section. | 5531 |
| (E) State agencies that utilize state motor vehicles or pay | 5532 |
| mileage reimbursements to employees shall provide a fleet plan to | 5533 |
| the department as directed by the department. | 5534 |
| (F)(1) The fleets of state agencies that consist of one | 5535 |
| hundred or less vehicles on July 1, 2004, shall be managed by the | 5536 |
| department's fleet management program on a time schedule | 5537 |
| determined by the department, unless the state agency has received | 5538 |
| delegated authority as described in division (G) of this section. | 5539 |
| (2) The fleets of state agencies that consist of greater than | 5540 |
| one hundred motor vehicles, but less than five hundred motor | 5541 |
| vehicles, on July 1, 2005, also shall be managed by the | 5542 |
| department's fleet management program on a time schedule | 5543 |
| determined by the department, unless the state agency has received | 5544 |
| delegated authority as described in division (G) of this section. | 5545 |
| (G)(1) The department may delegate any or all of its duties | 5546 |
| regarding fleet management to a state agency, if the state agency | 5547 |
| demonstrates to the satisfaction of the department both of the | 5548 |
| following: | 5549 |
| (a) Capabilities to institute and manage a fleet management | 5550 |
| program, including, but not limited to, the presence of a | 5551 |
| certified fleet manager; | 5552 |
| (b) Fleet management performance, as demonstrated by fleet | 5553 |
| data and other information submitted pursuant to annual reporting | 5554 |
| requirements and any other criteria the department considers | 5555 |
| necessary in evaluating the performance. | 5556 |
| (2) The department may determine that a state agency is not | 5557 |
| in compliance with this section and direct that the agency's fleet | 5558 |
| management duties be transferred to the department. | 5559 |
| (H) The proceeds derived from the disposition of any motor | 5560 |
| vehicles under this section shall be paid to whichever of the | 5561 |
| following applies: | 5562 |
| (1) The fund that originally provided moneys for the purchase | 5563 |
| or lease of the motor vehicles; | 5564 |
| (2) If the motor vehicles were originally purchased with | 5565 |
| moneys derived from the general revenue fund, the proceeds shall | 5566 |
| be deposited, in the director's discretion, into the state | 5567 |
| treasury | 5568 |
| created by section 125.83 of the Revised Code or the investment | 5569 |
| recovery fund created by section 125.14 of the Revised Code. | 5570 |
| (I)(1) The department shall create and maintain a certified | 5571 |
| fleet manager program. | 5572 |
| (2) State agencies that have received delegated authority as | 5573 |
| described in division (G) of this section shall have a certified | 5574 |
| fleet manager. | 5575 |
| (J) The department annually shall prepare and submit a | 5576 |
| statewide fleet report to the governor, the speaker of the house | 5577 |
| of representatives, and the president of the senate. The report | 5578 |
| shall be submitted not later than the thirty-first day of January | 5579 |
| following the end of each fiscal year. It may include, but is not | 5580 |
| limited to, the numbers and types of motor vehicles, their | 5581 |
| mileage, miles per gallon, and cost per mile, mileage | 5582 |
| reimbursements, accident and insurance data, and information | 5583 |
| regarding compliance by state agencies having delegated authority | 5584 |
| under division (G) of this section with applicable fleet | 5585 |
| management requirements. | 5586 |
| (K) The director shall adopt rules for implementing the fleet | 5587 |
| management program that are consistent with recognized best | 5588 |
| practices. The program shall be supported by reasonable fee | 5589 |
| charges for the services provided. The director shall collect | 5590 |
| these fees and deposit them into the state treasury to the credit | 5591 |
| for the fleet management fund created by section 125.83 of the | 5592 |
| Revised Code. The setting and collection of fees under this | 5593 |
| division is not subject to any restriction imposed by law upon the | 5594 |
| director's or the department's authority to set or collect fees. | 5595 |
| (L) The director also shall adopt rules that prohibit, except | 5596 |
| in very limited circumstances, the exclusive assignment of | 5597 |
| state-owned, leased, or pooled motor vehicles to state employees | 5598 |
| and that prohibit the reimbursement under section 126.31 of the | 5599 |
| Revised Code of state employees who use their own motor vehicles | 5600 |
| for any mileage they incur above an amount that the department | 5601 |
| shall determine annually unless reimbursement for the excess | 5602 |
| mileage is approved by the department in accordance with standards | 5603 |
| for that approval the director shall establish in those rules. | 5604 |
| Beginning on | 5605 |
| 2003, no | 5606 |
| be personally assigned as any form of compensation or benefit of | 5607 |
| state employment, and no | 5608 |
| vehicle shall be assigned to an employee solely for commuting to | 5609 |
| and from home and work. | 5610 |
| (M) The director shall do both of the following: | 5611 |
| (1) Implement to the greatest extent possible the | 5612 |
| recommendations from the 2002 report entitled "Administrative | 5613 |
| Analysis of the Ohio Fleet Management Program" in connection with | 5614 |
| the authority granted to the department by this section; | 5615 |
| (2) Attempt to reduce the number of passenger vehicles used | 5616 |
| by state agencies during the fiscal years ending on June 30, 2004, | 5617 |
| and June 30, 2005. | 5618 |
| (N) Each state agency shall reimburse the department for all | 5619 |
| costs incurred in the assignment of motor vehicles to the state | 5620 |
| agency. | 5621 |
| (O) The director shall do all of the following in managing | 5622 |
| the fleet management program: | 5623 |
| (1) Determine how motor vehicles will be maintained, insured, | 5624 |
| operated, financed, and licensed; | 5625 |
| (2) Pursuant to the formula in division (O)(3) of this | 5626 |
| section, annually establish the minimum number of business miles | 5627 |
| per year an employee of a state agency must drive in order to | 5628 |
| qualify for approval by the department to receive a motor vehicle | 5629 |
| for business use; | 5630 |
| (3) Establish the minimum number of business miles per year | 5631 |
| at an amount that results when the annual motor vehicle cost is | 5632 |
| divided by the amount that is the reimbursement rate per mile | 5633 |
| minus the amount that is the sum of the fuel cost, the operating | 5634 |
| cost, and the insurance cost. As used in this division: | 5635 |
| (a) "Annual motor vehicle cost" means the price of a motor | 5636 |
| vehicle divided by the number of years an average motor vehicle is | 5637 |
| used. | 5638 |
| (b) "Fuel cost" means the average price per gallon of motor | 5639 |
| fuel divided by the miles per gallon fuel efficiency of a motor | 5640 |
| vehicle. | 5641 |
| (c) "Insurance cost" means the cost of insuring a motor | 5642 |
| vehicle per year divided by the number of miles an average motor | 5643 |
| vehicle is driven per year. | 5644 |
| (d) "Operating cost" means the maintenance cost of a motor | 5645 |
| vehicle per year divided by the product resulting when the number | 5646 |
| of miles an average motor vehicle is driven per year is multiplied | 5647 |
| by the number of years an average motor vehicle is used. | 5648 |
| (e) "Reimbursement rate per mile" means the reimbursement per | 5649 |
| mile rate for travel expenses as provided by rule of the director | 5650 |
| of budget and management adopted under division (B) of section | 5651 |
| 126.31 of the Revised Code. | 5652 |
| (P) Each state institution of higher education shall do all | 5653 |
| of the following relating to motor vehicles that the institution | 5654 |
| acquires and manages: | 5655 |
| (1) Use the department's vehicle fleet management software | 5656 |
| system to track the motor vehicles; | 5657 |
| (2) Use the department's fuel card program to purchase fuel | 5658 |
| for, or to pay for the maintenance of, the motor vehicles; | 5659 |
| (3) Make bulk fuel purchases for the motor vehicles under the | 5660 |
| department's contract for those purchases. | 5661 |
| Sec. 126.25. The accounting and budgeting services provided | 5662 |
| by the director of budget and management shall be supported by | 5663 |
| user charges. The director shall determine a rate that is | 5664 |
| sufficient to defray the expense of those services and the manner | 5665 |
| by which those charges shall be collected. All money collected | 5666 |
| from user charges shall be deposited in the state treasury to the | 5667 |
|
credit of the | 5668 |
| created. Rebates or revenue shares received from any state payment | 5669 |
| card program established under division (B) of section 126.21 of | 5670 |
| the Revised Code and miscellaneous payments that reimburse | 5671 |
| expenses paid from the | 5672 |
| deposited into
the | 5673 |
| support accounting and budgeting services. | 5674 |
| Sec. 127.16. (A) Upon the request of either a state agency | 5675 |
| or the director of budget and management and after the controlling | 5676 |
| board determines that an emergency or a sufficient economic reason | 5677 |
| exists, the controlling board may approve the making of a purchase | 5678 |
| without competitive selection as provided in division (B) of this | 5679 |
| section. | 5680 |
| (B) Except as otherwise provided in this section, no state | 5681 |
| agency, using money that has been appropriated to it directly, | 5682 |
| shall: | 5683 |
| (1) Make any purchase from a particular supplier, that would | 5684 |
| amount to fifty thousand dollars or more when combined with both | 5685 |
| the amount of all disbursements to the supplier during the fiscal | 5686 |
| year for purchases made by the agency and the amount of all | 5687 |
| outstanding encumbrances for purchases made by the agency from the | 5688 |
| supplier, unless the purchase is made by competitive selection or | 5689 |
| with the approval of the controlling board; | 5690 |
| (2) Lease real estate from a particular supplier, if the | 5691 |
| lease would amount to seventy-five thousand dollars or more when | 5692 |
| combined with both the amount of all disbursements to the supplier | 5693 |
| during the fiscal year for real estate leases made by the agency | 5694 |
| and the amount of all outstanding encumbrances for real estate | 5695 |
| leases made by the agency from the supplier, unless the lease is | 5696 |
| made by competitive selection or with the approval of the | 5697 |
| controlling board. | 5698 |
| (C) Any person who authorizes a purchase in violation of | 5699 |
| division (B) of this section shall be liable to the state for any | 5700 |
| state funds spent on the purchase, and the attorney general shall | 5701 |
| collect the amount from the person. | 5702 |
| (D) Nothing in division (B) of this section shall be | 5703 |
| construed as: | 5704 |
| (1) A limitation upon the authority of the director of | 5705 |
| transportation as granted in sections 5501.17, 5517.02, and | 5706 |
| 5525.14 of the Revised Code; | 5707 |
| (2) Applying to medicaid provider agreements under Chapter | 5708 |
|
5111. of the Revised Code
| 5709 |
| 5710 | |
| 5711 |
| (3) Applying to the purchase of examinations from a sole | 5712 |
| supplier by a state licensing board under Title XLVII of the | 5713 |
| Revised Code; | 5714 |
| (4) Applying to entertainment contracts for the Ohio state | 5715 |
| fair entered into by the Ohio expositions commission, provided | 5716 |
| that the controlling board has given its approval to the | 5717 |
| commission to enter into such contracts and has approved a total | 5718 |
| budget amount for such contracts as agreed upon by commission | 5719 |
| action, and that the commission causes to be kept itemized records | 5720 |
| of the amounts of money spent under each contract and annually | 5721 |
| files those records with the clerk of the house of representatives | 5722 |
| and the clerk of the senate following the close of the fair; | 5723 |
| (5) Limiting the authority of the chief of the division of | 5724 |
| mineral resources management to contract for reclamation work with | 5725 |
| an operator mining adjacent land as provided in section 1513.27 of | 5726 |
| the Revised Code; | 5727 |
| (6) Applying to investment transactions and procedures of any | 5728 |
| state agency, except that the agency shall file with the board the | 5729 |
| name of any person with whom the agency contracts to make, broker, | 5730 |
| service, or otherwise manage its investments, as well as the | 5731 |
| commission, rate, or schedule of charges of such person with | 5732 |
| respect to any investment transactions to be undertaken on behalf | 5733 |
| of the agency. The filing shall be in a form and at such times as | 5734 |
| the board considers appropriate. | 5735 |
| (7) Applying to purchases made with money for the per cent | 5736 |
| for arts program established by section 3379.10 of the Revised | 5737 |
| Code; | 5738 |
| (8) Applying to purchases made by the rehabilitation services | 5739 |
| commission of services, or supplies, that are provided to persons | 5740 |
| with disabilities, or to purchases made by the commission in | 5741 |
| connection with the eligibility determinations it makes for | 5742 |
| applicants of programs administered by the social security | 5743 |
| administration; | 5744 |
| (9) Applying to payments by the department of job and family | 5745 |
| services under section 5111.13 of the Revised Code for group | 5746 |
| health plan premiums, deductibles, coinsurance, and other | 5747 |
| cost-sharing expenses; | 5748 |
| (10) Applying to any agency of the legislative branch of the | 5749 |
| state government; | 5750 |
| (11) Applying to agreements or contracts entered into under | 5751 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 5752 |
| Revised Code; | 5753 |
| (12) Applying to purchases of services by the adult parole | 5754 |
| authority under section 2967.14 of the Revised Code or by the | 5755 |
| department of youth services under section 5139.08 of the Revised | 5756 |
| Code; | 5757 |
| (13) Applying to dues or fees paid for membership in an | 5758 |
| organization or association; | 5759 |
| (14) Applying to purchases of utility services pursuant to | 5760 |
| section 9.30 of the Revised Code; | 5761 |
| (15) Applying to purchases made in accordance with rules | 5762 |
| adopted by the department of administrative services of motor | 5763 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 5764 |
| such vehicles; | 5765 |
| (16) Applying to purchases of tickets for passenger air | 5766 |
| transportation; | 5767 |
| (17) Applying to purchases necessary to provide public | 5768 |
| notifications required by law or to provide notifications of job | 5769 |
| openings; | 5770 |
| (18) Applying to the judicial branch of state government; | 5771 |
| (19) Applying to purchases of liquor for resale by the | 5772 |
| division of liquor control; | 5773 |
| (20) Applying to purchases of motor courier and freight | 5774 |
| services made in accordance with department of administrative | 5775 |
| services rules; | 5776 |
| (21) Applying to purchases from the United States postal | 5777 |
| service and purchases of stamps and postal meter replenishment | 5778 |
| from vendors at rates established by the United States postal | 5779 |
| service; | 5780 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 5781 |
| newspapers, maintenance subscriptions, and other published | 5782 |
| materials; | 5783 |
| (23) Applying to purchases from other state agencies, | 5784 |
| including state-assisted institutions of higher education; | 5785 |
| (24) Limiting the authority of the director of environmental | 5786 |
| protection to enter into contracts under division (D) of section | 5787 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 5788 |
| defined in division (A) of that section; | 5789 |
| (25) Applying to purchases from a qualified nonprofit agency | 5790 |
| pursuant to sections 4115.31 to 4115.35 of the Revised Code; | 5791 |
| (26) Applying to payments by the department of job and family | 5792 |
| services to the United States department of health and human | 5793 |
| services for printing and mailing notices pertaining to the tax | 5794 |
| refund offset program of the internal revenue service of the | 5795 |
| United States department of the treasury; | 5796 |
| (27) Applying to contracts entered into by the department of | 5797 |
| mental retardation and developmental disabilities under sections | 5798 |
| 5123.18, 5123.182, and 5123.199 of the Revised Code; | 5799 |
| (28) Applying to payments made by the department of mental | 5800 |
| health under a physician recruitment program authorized by section | 5801 |
| 5119.101 of the Revised Code; | 5802 |
| (29) Applying to contracts entered into with persons by the | 5803 |
| director of commerce for unclaimed funds collection and remittance | 5804 |
| efforts as provided in division (F) of section 169.03 of the | 5805 |
| Revised Code. The director shall keep an itemized accounting of | 5806 |
| unclaimed funds collected by those persons and amounts paid to | 5807 |
| them for their services. | 5808 |
| (30) Applying to purchases made by a state institution of | 5809 |
| higher education in accordance with the terms of a contract | 5810 |
| between the vendor and an inter-university purchasing group | 5811 |
| comprised of purchasing officers of state institutions of higher | 5812 |
| education; | 5813 |
| (31) Applying to the department of job and family services' | 5814 |
| purchases of health assistance services under the children's | 5815 |
| health insurance program part I provided for under section 5101.50 | 5816 |
| of the Revised Code or the children's health insurance program | 5817 |
| part II provided for under section 5101.51 of the Revised Code; | 5818 |
| (32) Applying to payments by the attorney general from the | 5819 |
| reparations fund to hospitals and other emergency medical | 5820 |
| facilities for performing medical examinations to collect physical | 5821 |
| evidence pursuant to section 2907.28 of the Revised Code; | 5822 |
| (33) Applying to contracts with a contracting authority or | 5823 |
|
administrative receiver under division | 5824 |
| 5825 |
| (34) Applying to reimbursements paid to the United States | 5826 |
| department of veterans affairs for pharmaceutical and patient | 5827 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 5828 |
| (35) Applying to agreements the department of job and family | 5829 |
| services enters into with terminal distributors of dangerous drugs | 5830 |
| under section 5110.12 of the Revised Code. | 5831 |
| (E) Notwithstanding division (B)(1) of this section, the | 5832 |
| cumulative purchase threshold shall be seventy-five thousand | 5833 |
| dollars for the departments of mental retardation and | 5834 |
| developmental disabilities, mental health, rehabilitation and | 5835 |
| correction, and youth services. | 5836 |
| (F) When determining whether a state agency has reached the | 5837 |
| cumulative purchase thresholds established in divisions (B)(1), | 5838 |
| (B)(2), and (E) of this section, all of the following purchases by | 5839 |
| such agency shall not be considered: | 5840 |
| (1) Purchases made through competitive selection or with | 5841 |
| controlling board approval; | 5842 |
| (2) Purchases listed in division (D) of this section; | 5843 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 5844 |
| and (E) of this section only, leases of real estate. | 5845 |
| (G) As used in this section, "competitive selection," | 5846 |
| "purchase," "supplies," and "services" have the same meanings as | 5847 |
| in section 125.01 of the Revised Code. | 5848 |
| Sec. 131.02. (A) Whenever any amount is payable to the state, | 5849 |
| the officer, employee, or agent responsible for administering the | 5850 |
| law under which the amount is payable shall immediately proceed to | 5851 |
| collect the amount or cause the amount to be collected and shall | 5852 |
| pay the amount into the state treasury or into the appropriate | 5853 |
| custodial fund in the manner set forth pursuant to section 113.08 | 5854 |
| of the Revised Code. | 5855 |
| division, if the amount is not paid within forty-five days after | 5856 |
| payment is due, the officer, employee, or agent shall certify the | 5857 |
| amount due to the attorney general, in the form and manner | 5858 |
| prescribed by the attorney general, and notify the director of | 5859 |
| budget and management thereof. In the case of an amount payable by | 5860 |
| a student enrolled in a state institution of higher education, the | 5861 |
| amount shall be certified within the later of forty-five days | 5862 |
| after the amount is due or the tenth day after the beginning of | 5863 |
| the next academic semester, quarter, or other session following | 5864 |
| the session for which the payment is payable. The attorney general | 5865 |
| may assess the collection cost to the amount certified in such | 5866 |
| manner and amount as prescribed by the attorney general. | 5867 |
| For the purposes of this section, a payment is due at the | 5868 |
| time provided in divisions (A)(1) to (9) of this section. If more | 5869 |
| than one division applies to a payment, the payment is due at the | 5870 |
| earliest of the applicable times. | 5871 |
| (1) If a law, including an administrative rule, of this state | 5872 |
| prescribes the time a payment is required to be made or reported, | 5873 |
| when the payment is required by that law to be paid or reported. | 5874 |
| (2) If the payment is for services rendered, when the | 5875 |
| rendering of the services is completed. | 5876 |
| (3) If the payment is reimbursement for a loss, when the loss | 5877 |
| is incurred. | 5878 |
| (4) In the case of a fine or penalty for which a law or | 5879 |
| administrative rule does not prescribe a time for payment, when | 5880 |
| the fine or penalty is first assessed. | 5881 |
| (5) If the payment arises from a legal finding, judgment, or | 5882 |
| adjudication order, when the finding, judgment, or order is | 5883 |
| rendered or issued. | 5884 |
| (6) If the payment arises from an overpayment of money by the | 5885 |
| state to another person, when the overpayment is discovered. | 5886 |
| (7) The date on which the amount for which an individual is | 5887 |
| personally liable under section 5735.35, section 5739.33, or | 5888 |
| division (G) of section 5747.07 of the Revised Code is determined. | 5889 |
| (8) Upon proof of claim being filed in a bankruptcy case. | 5890 |
| (9) Any other appropriate time determined by the officer, | 5891 |
| employee, or agent responsible for administering the law under | 5892 |
| which the amount is payable on the basis of statutory requirements | 5893 |
| or ordinary business processes of the state agency to which the | 5894 |
| payment is owed. | 5895 |
| (B)(1) The attorney general shall give immediate notice by | 5896 |
| mail or otherwise to the party indebted of the nature and amount | 5897 |
| of the indebtedness. | 5898 |
| (2) If the amount payable to this state arises from a tax | 5899 |
| levied under Chapter 5733., 5739., 5741., or 5747. of the Revised | 5900 |
| Code, the notice also shall specify all of the following: | 5901 |
| (a) The assessment or case number; | 5902 |
| (b) The tax pursuant to which the assessment is made; | 5903 |
| (c) The reason for the liability, including, if applicable, | 5904 |
| that a penalty or interest is due; | 5905 |
| (d) An explanation of how and when interest will be added to | 5906 |
| the amount assessed; | 5907 |
| (e) That the attorney general and tax commissioner, acting | 5908 |
| together, have the authority, but are not required, to compromise | 5909 |
| the claim and accept payment over a reasonable time, if such | 5910 |
| actions are in the best interest of the state. | 5911 |
| (C) The attorney general shall collect the claim or secure a | 5912 |
| judgment and issue an execution for its collection. | 5913 |
| (D) Each claim shall bear interest, from the day on which the | 5914 |
| claim became due, at the rate per annum required by section | 5915 |
| 5703.47 of the Revised Code. | 5916 |
| (E) The attorney general and the chief officer of the agency | 5917 |
| reporting a claim, acting together, may do any of the following if | 5918 |
| such action is in the best interests of the state: | 5919 |
| (1) Compromise the claim; | 5920 |
| (2) Extend for a reasonable period the time for payment of | 5921 |
| the claim by agreeing to accept monthly or other periodic | 5922 |
| payments. The agreement may require security for payment of the | 5923 |
| claim. | 5924 |
| (3) Add fees to recover the cost of processing checks or | 5925 |
| other draft instruments returned for insufficient funds and the | 5926 |
| cost of providing electronic payment options. | 5927 |
| (F)(1) Except as provided in division (F)(2) of this section, | 5928 |
| if the attorney general finds, after investigation, that any claim | 5929 |
| due and owing to the state is uncollectible, the attorney general, | 5930 |
| with the consent of the chief officer of the agency reporting the | 5931 |
| claim, may do the following: | 5932 |
| (a) Sell, convey, or otherwise transfer the claim to one or | 5933 |
| more private entities for collection; | 5934 |
| (b) Cancel the claim or cause it to be cancelled. | 5935 |
| (2) The attorney general shall cancel or cause to be | 5936 |
| cancelled an unsatisfied claim on the date that is forty years | 5937 |
| after the date the claim is certified. | 5938 |
| Sec. 131.022. (A) As used in this section: | 5939 |
| (1) "Final overdue claim" means a claim that has been | 5940 |
| certified to the attorney general under section 131.02 of the | 5941 |
| Revised Code, that has been final for at least one year, and for | 5942 |
| which no arrangements have been made for the payment thereof or, | 5943 |
| if such arrangements have been made, the person owing the claim | 5944 |
| has failed to comply with the terms of the arrangement for more | 5945 |
| than thirty days. | 5946 |
| "Final overdue claim" includes collection costs incurred with | 5947 |
| respect to such a claim and assessed by the attorney general under | 5948 |
| division (A) of section 131.02 of the Revised Code, interest | 5949 |
| accreting to the claim under division (D) of that section, and | 5950 |
| fees added under division (E)(3) of that section. | 5951 |
| (2) "Final" means a claim has been finalized under the law | 5952 |
| providing for the imposition or determination of the amount due, | 5953 |
| and any time provided for appeal of the amount, legality, or | 5954 |
| validity of the claim has expired without an appeal having been | 5955 |
| filed in the manner provided by law. "Final" includes, but is not | 5956 |
| limited to, a final determination of the tax commissioner for | 5957 |
| which the time for appeal has expired without a notice of appeal | 5958 |
| having been filed. | 5959 |
| (B) One year after a final overdue claim is certified to the | 5960 |
| attorney general, the attorney general may sell or otherwise | 5961 |
| transfer the claim to any person. If the claim is to be sold, it | 5962 |
| may be sold by private negotiated sale or at public auction | 5963 |
| conducted by the attorney general or a designee, as is most | 5964 |
| likely, in the opinion of the attorney general, to yield the most | 5965 |
| favorable return on the sale. For the purposes of this division, a | 5966 |
| public auction includes an auction conducted electronically | 5967 |
| whereby bids are solicited and received via the internet and the | 5968 |
| solicitation is open to the public. | 5969 |
| (C) The attorney general may consolidate any number of final | 5970 |
| overdue claims for sale under this section. | 5971 |
| (D) Not less than sixty days before first offering a final | 5972 |
| overdue claim for sale, the attorney general shall provide written | 5973 |
| notice, by ordinary mail, to the person owing the claim at that | 5974 |
| person's last known mailing address. The notice shall state the | 5975 |
| following: | 5976 |
| (1) The nature and amount of the claim; | 5977 |
| (2) The manner in which the person may contact the office of | 5978 |
| the attorney general to arrange terms for payment of the claim; | 5979 |
| (3) That if the person does not contact the office of the | 5980 |
| attorney general within sixty days after the date the notice is | 5981 |
| issued and arrange terms for payment of the claim: | 5982 |
| (a) The claim will be offered for sale to a private party for | 5983 |
| collection by that party by any legal means; | 5984 |
| (b) The person is deemed to be denied any right to seek and | 5985 |
| obtain a refund of any amount from which the claim arises if the | 5986 |
| applicable law otherwise allows for such a refund; | 5987 |
| (c) The person is deemed to waive any right the person may | 5988 |
| have to confidentiality of information regarding the claim to the | 5989 |
| extent confidentiality is provided under any other section of the | 5990 |
| Revised Code. | 5991 |
| (E) Upon the sale or transfer of a final overdue claim under | 5992 |
| this section, the claim becomes the property of the purchaser or | 5993 |
| transferee, and may be sold or otherwise transferred by that | 5994 |
| person to any other person or otherwise disposed of. The owner of | 5995 |
| the claim is entitled to all proceeds from the collection of the | 5996 |
| claim. Purchasers or transferees of a final overdue claim are | 5997 |
| subject to any applicable laws governing collection of debts of | 5998 |
| the kind represented by the claim. | 5999 |
| (F) Upon the sale or transfer of a final overdue claim under | 6000 |
| this section, no refund shall be issued or paid to the person | 6001 |
| owing the claim for any part of the amount from which the claim | 6002 |
| arises. | 6003 |
| (G) Notwithstanding any other section of the Revised Code, | 6004 |
| the attorney general, solely for the purpose of effecting the sale | 6005 |
| or transfer of a final overdue claim under this section, may | 6006 |
| disclose information about the person owing the claim that | 6007 |
| otherwise would be confidential under a section of the Revised | 6008 |
| Code, and the person shall have no right of action against such | 6009 |
| disclosure to the extent such a right is available under that | 6010 |
| section. | 6011 |
| (H) The authority granted under this section is supplemental | 6012 |
| to the authority granted under section 131.02 of the Revised Code. | 6013 |
| Sec. 131.23. The various political subdivisions of this | 6014 |
| state may issue bonds, and any indebtedness created by such | 6015 |
| issuance shall not be subject to the limitations or included in | 6016 |
| the calculation of indebtedness prescribed by sections 133.05, | 6017 |
| 133.06, 133.07, and 133.09 of the Revised Code, but such bonds may | 6018 |
| be issued only under the following conditions: | 6019 |
| (A) The subdivision desiring to issue such bonds shall obtain | 6020 |
| from the county auditor a certificate showing the total amount of | 6021 |
| delinquent taxes due and unpayable to such subdivision at the last | 6022 |
| semiannual tax settlement. | 6023 |
| (B) The fiscal officer of that subdivision shall prepare a | 6024 |
| statement, from the books of the subdivision, verified by the | 6025 |
| fiscal officer under oath, which shall contain the following facts | 6026 |
| of such subdivision: | 6027 |
| (1) The total bonded indebtedness; | 6028 |
| (2) The aggregate amount of notes payable or outstanding | 6029 |
| accounts of the subdivision, incurred prior to the commencement of | 6030 |
| the current fiscal year, which shall include all evidences of | 6031 |
| indebtedness issued by the subdivision except notes issued in | 6032 |
| anticipation of bond issues and the indebtedness of any | 6033 |
| nontax-supported public utility; | 6034 |
| (3) Except in the case of school districts, the aggregate | 6035 |
|
current year's requirement for disability
financial assistance | 6036 |
| 6037 | |
| Revised Code that the subdivision is unable to finance except by | 6038 |
| the issue of bonds; | 6039 |
| (4) The indebtedness outstanding through the issuance of any | 6040 |
| bonds or notes pledged or obligated to be paid by any delinquent | 6041 |
| taxes; | 6042 |
| (5) The total of any other indebtedness; | 6043 |
| (6) The net amount of delinquent taxes unpledged to pay any | 6044 |
| bonds, notes, or certificates, including delinquent assessments on | 6045 |
| improvements on which the bonds have been paid; | 6046 |
| (7) The budget requirements for the fiscal year for bond and | 6047 |
| note retirement; | 6048 |
| (8) The estimated revenue for the fiscal year. | 6049 |
| (C) The certificate and statement provided for in divisions | 6050 |
| (A) and (B) of this section shall be forwarded to the tax | 6051 |
| commissioner together with a request for authority to issue bonds | 6052 |
| of such subdivision in an amount not to exceed seventy per cent of | 6053 |
| the net unobligated delinquent taxes and assessments due and owing | 6054 |
| to such subdivision, as set forth in division (B)(6) of this | 6055 |
| section. | 6056 |
| (D) No subdivision may issue bonds under this section in | 6057 |
| excess of a sufficient amount to pay the indebtedness of the | 6058 |
| subdivision as shown by division (B)(2) of this section and, | 6059 |
| except in the case of school districts, to provide funds for | 6060 |
|
disability financial assistance | 6061 |
| as shown by division (B)(3) of this section. | 6062 |
| (E) The tax commissioner shall grant to such subdivision | 6063 |
| authority requested by such subdivision as restricted by divisions | 6064 |
| (C) and (D) of this section and shall make a record of the | 6065 |
| certificate, statement, and grant in a record book devoted solely | 6066 |
| to such recording and which shall be open to inspection by the | 6067 |
| public. | 6068 |
| (F) The commissioner shall immediately upon issuing the | 6069 |
| authority provided in division (E) of this section notify the | 6070 |
| proper authority having charge of the retirement of bonds of such | 6071 |
| subdivision by forwarding a copy of such grant of authority and of | 6072 |
| the statement provided for in division (B) of this section. | 6073 |
| (G) Upon receipt of authority, the subdivision shall proceed | 6074 |
| according to law to issue the amount of bonds authorized by the | 6075 |
| commissioner, and authorized by the taxing authority, provided the | 6076 |
| taxing authority of that subdivision may by resolution submit to | 6077 |
| the electors of that subdivision the question of issuing such | 6078 |
| bonds. Such resolution shall make the declarations and statements | 6079 |
| required by section 133.18 of the Revised Code. The county auditor | 6080 |
| and taxing authority shall thereupon proceed as set forth in | 6081 |
| divisions (C) and (D) of such section. The election on the | 6082 |
| question of issuing such bonds shall be held under divisions (E), | 6083 |
| (F), and (G) of such section, except that publication of the | 6084 |
| notice of such election shall be made on four separate days prior | 6085 |
| to such election in one or more newspapers of general circulation | 6086 |
| in the subdivisions. Such bonds may be exchanged at their face | 6087 |
| value with creditors of the subdivision in liquidating the | 6088 |
| indebtedness described and enumerated in division (B)(2) of this | 6089 |
| section or may be sold as provided in Chapter 133. of the Revised | 6090 |
| Code, and in either event shall be uncontestable. | 6091 |
| (H) The per cent of delinquent taxes and assessments | 6092 |
| collected for and to the credit of the subdivision after the | 6093 |
| exchange or sale of bonds as certified by the commissioner shall | 6094 |
| be paid to the authority having charge of the sinking fund of the | 6095 |
| subdivision, which money shall be placed in a separate fund for | 6096 |
| the purpose of retiring the bonds so issued. The proper authority | 6097 |
| of the subdivisions shall provide for the levying of a tax | 6098 |
| sufficient in amount to pay the debt charges on all such bonds | 6099 |
| issued under this section. | 6100 |
| (I) This section is for the sole purpose of assisting the | 6101 |
| various subdivisions in paying their unsecured indebtedness, and | 6102 |
|
providing funds for disability financial assistance | 6103 |
| 6104 | |
| section shall not be used for any other purpose and any exchange | 6105 |
| for other purposes, or the use of the money derived from the sale | 6106 |
| of such bonds by the subdivision for any other purpose, is | 6107 |
| misapplication of funds. | 6108 |
| (J) The bonds authorized by this section shall be redeemable | 6109 |
| or payable in not to exceed ten years from date of issue and shall | 6110 |
| not be subject to or considered in calculating the net | 6111 |
| indebtedness of the subdivision. The budget commission of the | 6112 |
| county in which the subdivision is located shall annually allocate | 6113 |
| such portion of the then delinquent levy due such subdivision | 6114 |
| which is unpledged for other purposes to the payment of debt | 6115 |
| charges on the bonds issued under authority of this section. | 6116 |
| (K) The issue of bonds under this section shall be governed | 6117 |
| by Chapter 133. of the Revised Code, respecting the terms used, | 6118 |
| forms, manner of sale, and redemption except as otherwise provided | 6119 |
| in this section. | 6120 |
| The board of county commissioners of any county may issue | 6121 |
| bonds authorized by this section and distribute the proceeds of | 6122 |
| such bond issues to any or all of the cities and townships of such | 6123 |
| counties, according to their relative needs for disability | 6124 |
|
financial assistance | 6125 |
| determined by such county. | 6126 |
| All sections of the Revised Code inconsistent with or | 6127 |
| prohibiting the exercise of the authority conferred by this | 6128 |
| section are inoperative respecting bonds issued under this | 6129 |
| section. | 6130 |
| Sec. 131.46. There is hereby created in the state treasury | 6131 |
| the tax rate stabilization fund. The tax rate stabilization fund | 6132 |
| shall receive transfers of funds pursuant to sections 5751.033 and | 6133 |
| 5751.034 of the Revised Code. It is the intent of the general | 6134 |
| assembly that the funds received into the tax rate stabilization | 6135 |
| fund be used for purposes of permanently reducing the rates of tax | 6136 |
| that apply to individuals with respect to the tax levied under | 6137 |
| section 5747.02 of the Revised Code. | 6138 |
| Sec. 133.09. (A) Unless it is a township that has adopted a | 6139 |
| limited home rule government under Chapter 504. of the Revised | 6140 |
| Code, a township shall not incur net indebtedness that exceeds an | 6141 |
| amount equal to five per cent of its tax valuation and, except as | 6142 |
| specifically authorized by section 505.262 of the Revised Code or | 6143 |
| other laws, shall not incur any net indebtedness unless authorized | 6144 |
| by vote of the electors. | 6145 |
| (B) A township that has adopted a limited home rule | 6146 |
| government under Chapter 504. of the Revised Code shall not incur | 6147 |
| net indebtedness that exceeds an amount equal to ten and one-half | 6148 |
| per cent of its tax valuation, or incur without a vote of the | 6149 |
| electors net indebtedness that exceeds an amount equal to five and | 6150 |
| one-half per cent of that tax valuation. In calculating the net | 6151 |
| indebtedness of a township that has adopted a limited home rule | 6152 |
| government, none of the following securities shall be considered: | 6153 |
| (1) Self-supporting securities issued for any purpose; | 6154 |
| (2) Securities issued for the purpose of purchasing, | 6155 |
| constructing, improving, or extending water or sanitary or surface | 6156 |
| and storm water sewerage systems or facilities, or a combination | 6157 |
| of those systems or facilities, to the extent that an agreement | 6158 |
| entered into with another subdivision requires the other | 6159 |
| subdivision to pay to the township amounts equivalent to debt | 6160 |
| charges on the securities; | 6161 |
| (3) Securities that are not general obligations of the | 6162 |
| township; | 6163 |
| (4) Voted securities issued for the purposes of redevelopment | 6164 |
| to the extent that their principal amount does not exceed an | 6165 |
| amount equal to two per cent of the tax valuation of the township; | 6166 |
| (5) Securities issued for the purpose of acquiring or | 6167 |
| constructing roads, highways, bridges, or viaducts, or for the | 6168 |
| purpose of acquiring or making other highway permanent | 6169 |
| improvements, to the extent that the resolution of the board of | 6170 |
| township trustees authorizing the issuance of the securities | 6171 |
| includes a covenant to appropriate from money distributed to the | 6172 |
| township under Chapter 4501., 4503., 4504., or 5735. of the | 6173 |
| Revised Code a sufficient amount to cover debt charges on and | 6174 |
| financing costs relating to the securities as they become due; | 6175 |
| (6) Securities issued for energy conservation measures under | 6176 |
| section 505.264 of the Revised Code. | 6177 |
| (C) In calculating the net indebtedness of any township, no | 6178 |
| obligation incurred under division (B) of section 513.17 or under | 6179 |
| section 505.261, 505.264, 505.265, 505.267, or 505.37 of the | 6180 |
| Revised Code, or in connection with a project undertaken pursuant | 6181 |
| to section 5540.032 of the Revised Code, shall be considered. | 6182 |
| Sec. 140.01. As used in this chapter: | 6183 |
| (A) "Hospital agency" means any public hospital agency or any | 6184 |
| nonprofit hospital agency. | 6185 |
| (B) "Public hospital agency" means any county, board of | 6186 |
| county hospital trustees established pursuant to section 339.02 of | 6187 |
| the Revised Code, county hospital commission established pursuant | 6188 |
| to section 339.14 of the Revised Code, municipal corporation, new | 6189 |
| community authority organized under Chapter 349. of the Revised | 6190 |
| Code, joint township hospital district, state or municipal | 6191 |
| university or college operating or authorized to operate a | 6192 |
| hospital facility, or the state. | 6193 |
| (C) "Nonprofit hospital agency" means a corporation or | 6194 |
| association not for profit, no part of the net earnings of which | 6195 |
| inures or may lawfully inure to the benefit of any private | 6196 |
| shareholder or individual, that has authority to own or operate a | 6197 |
| hospital facility or provides or is to provide services to one or | 6198 |
| more other hospital agencies. | 6199 |
| (D) "Governing body" means, in the case of a county, the | 6200 |
| board of county commissioners or other legislative body; in the | 6201 |
| case of a board of county hospital trustees, the board; in the | 6202 |
| case of a county hospital commission, the commission; in the case | 6203 |
| of a municipal corporation, the council or other legislative | 6204 |
| authority; in the case of a new community authority, its board of | 6205 |
| trustees; in the case of a joint township hospital district, the | 6206 |
| joint township district hospital board; in the case of a state or | 6207 |
| municipal university or college, its board of trustees or board of | 6208 |
| directors; in the case of a nonprofit hospital agency, the board | 6209 |
| of trustees or other body having general management of the agency; | 6210 |
| and, in the case of the state, the director of development or the | 6211 |
| Ohio higher educational facility commission. | 6212 |
| (E) "Hospital facilities" means buildings, structures and | 6213 |
| other improvements, additions thereto and extensions thereof, | 6214 |
| furnishings, equipment, and real estate and interests in real | 6215 |
| estate, used or to be used for or in connection with one or more | 6216 |
| hospitals, emergency, intensive, intermediate, extended, | 6217 |
| long-term, or self-care facilities, diagnostic and treatment and | 6218 |
| out-patient facilities, facilities related to programs for home | 6219 |
| health services, clinics, laboratories, public health centers, | 6220 |
| research facilities, and rehabilitation facilities, for or | 6221 |
| pertaining to diagnosis, treatment, care, or rehabilitation of | 6222 |
| sick, ill, injured, infirm, impaired, disabled, or handicapped | 6223 |
| persons, or the prevention, detection, and control of disease, and | 6224 |
| also includes education, training, and food service facilities for | 6225 |
| health professions personnel, housing facilities for such | 6226 |
| personnel and their families, and parking and service facilities | 6227 |
| in connection with any of the foregoing; and includes any one, | 6228 |
| part of, or any combination of the foregoing; and further includes | 6229 |
| site improvements, utilities, machinery, facilities, furnishings, | 6230 |
| and any separate or connected buildings, structures, improvements, | 6231 |
| sites, utilities, facilities, or equipment to be used in, or in | 6232 |
| connection with the operation or maintenance of, or supplementing | 6233 |
| or otherwise related to the services or facilities to be provided | 6234 |
| by, any one or more of such hospital facilities. | 6235 |
| (F) "Costs of hospital facilities" means the costs of | 6236 |
| acquiring hospital facilities or interests in hospital facilities, | 6237 |
| including membership interests in nonprofit hospital agencies, | 6238 |
| costs of constructing hospital facilities, costs of improving one | 6239 |
| or more hospital facilities, including reconstructing, | 6240 |
| rehabilitating, remodeling, renovating, and enlarging, costs of | 6241 |
| equipping and furnishing such facilities, and all financing costs | 6242 |
| pertaining thereto, including, without limitation thereto, costs | 6243 |
| of engineering, architectural, and other professional services, | 6244 |
| designs, plans, specifications and surveys, and estimates of cost, | 6245 |
| costs of tests and inspections, the costs of any indemnity or | 6246 |
| surety bonds and premiums on insurance, all related direct or | 6247 |
| allocable administrative expenses pertaining thereto, fees and | 6248 |
| expenses of trustees, depositories, and paying agents for the | 6249 |
| obligations, cost of issuance of the obligations and financing | 6250 |
| charges and fees and expenses of financial advisors, attorneys, | 6251 |
| accountants, consultants and rating services in connection | 6252 |
| therewith, capitalized interest on the obligations, amounts | 6253 |
| necessary to establish reserves as required by the bond | 6254 |
| proceedings, the reimbursement of all moneys advanced or applied | 6255 |
| by the hospital agency or others or borrowed from others for the | 6256 |
| payment of any item or items of costs of such facilities, and all | 6257 |
| other expenses necessary or incident to planning or determining | 6258 |
| feasibility or practicability with respect to such facilities, and | 6259 |
| such other expenses as may be necessary or incident to the | 6260 |
| acquisition, construction, reconstruction, rehabilitation, | 6261 |
| remodeling, renovation, enlargement, improvement, equipment, and | 6262 |
| furnishing of such facilities, the financing thereof, and the | 6263 |
| placing of the same in use and operation, including any one, part | 6264 |
| of, or combination of such classes of costs and expenses, and | 6265 |
| means the costs of refinancing obligations issued by, or | 6266 |
| reimbursement of money advanced by, nonprofit hospital agencies or | 6267 |
| others the proceeds of which were used for the payment of costs of | 6268 |
| hospital facilities, if the governing body of the public hospital | 6269 |
| agency determines that the refinancing or reimbursement advances | 6270 |
| the purposes of this chapter, whether or not the refinancing or | 6271 |
| reimbursement is in conjunction with the acquisition or | 6272 |
| construction of additional hospital facilities. | 6273 |
| (G) "Hospital receipts" means all moneys received by or on | 6274 |
| behalf of a hospital agency from or in connection with the | 6275 |
| ownership, operation, acquisition, construction, improvement, | 6276 |
| equipping, or financing of any hospital facilities, including, | 6277 |
| without limitation thereto, any rentals and other moneys received | 6278 |
| from the lease, sale, or other disposition of hospital facilities, | 6279 |
| and any gifts, grants, interest subsidies, or other moneys | 6280 |
| received under any federal program for assistance in financing the | 6281 |
| costs of hospital facilities, and any other gifts, grants, and | 6282 |
| donations, and receipts therefrom, available for financing the | 6283 |
| costs of hospital facilities. | 6284 |
| (H) "Obligations" means bonds, notes, or other evidences of | 6285 |
| indebtedness or obligation, including interest coupons pertaining | 6286 |
| thereto, issued or issuable by a public hospital agency to pay | 6287 |
| costs of hospital facilities. | 6288 |
| (I) "Bond service charges" means principal, interest, and | 6289 |
| call premium, if any, required to be paid on obligations. | 6290 |
| (J) "Bond proceedings" means one or more ordinances, | 6291 |
| resolutions, trust agreements, indentures, and other agreements or | 6292 |
| documents, and amendments and supplements to the foregoing, or any | 6293 |
| combination thereof, authorizing or providing for the terms, | 6294 |
| including any variable interest rates, and conditions applicable | 6295 |
| to, or providing for the security of, obligations and the | 6296 |
| provisions contained in such obligations. | 6297 |
| (K) "Nursing home" has the same meaning as in division (A)(1) | 6298 |
| of section 5701.13 of the Revised Code. | 6299 |
| (L) "Residential care facility" has the same meaning as in | 6300 |
| division (A)(2) of section 5701.13 of the Revised Code. | 6301 |
| (M) "Adult care facility" has the same meaning as in division | 6302 |
| (A)(3) of section 5701.13 of the Revised Code. | 6303 |
| (N) "Independent living facility" means any self-care | 6304 |
| facility or other housing facility designed or used as a residence | 6305 |
| for elderly persons. An "independent living facility" does not | 6306 |
| include a residential facility, or that part of a residential | 6307 |
| facility, that is any of the following: | 6308 |
| (1) A hospital required to be certified by section 3727.02 of | 6309 |
| the Revised Code; | 6310 |
| (2) A nursing home or residential care facility; | 6311 |
| (3) An adult care facility; | 6312 |
| (4) A hospice licensed under section 3712.04 of the Revised | 6313 |
| Code; | 6314 |
| (5) | 6315 |
| 6316 |
| | 6317 |
| the department of mental health under section 5119.22 of the | 6318 |
| Revised Code; | 6319 |
| | 6320 |
| under section 3793.11 of the Revised Code; | 6321 |
| | 6322 |
| program under section 3793.06 of the Revised Code; | 6323 |
| | 6324 |
| of the Revised Code or a facility providing services under a | 6325 |
| contract with the department of mental retardation and | 6326 |
| developmental disabilities under section 5123.18 of the Revised | 6327 |
| Code; | 6328 |
| | 6329 |
| provide housing for staff of the hospital or students pursuing a | 6330 |
| course of study at the hospital. | 6331 |
| Sec. 140.08. (A) Except as otherwise provided in
| 6332 |
| division (B) | 6333 |
| purchased, acquired, constructed, or owned by a public hospital | 6334 |
| agency, or financed in whole or in part by obligations issued by a | 6335 |
| public hospital agency, and used, or to be used when completed, as | 6336 |
| hospital facilities, and the income therefrom, are exempt from all | 6337 |
| taxation within this state, including ad valorem and excise taxes, | 6338 |
| notwithstanding any other provisions of law, and hospital agencies | 6339 |
| are exempt from taxes levied under Chapters 5739. and 5741. of the | 6340 |
| Revised Code. The obligations issued hereafter under section | 6341 |
| 133.08, 140.06, or 339.15 of the Revised Code or Section 3 of | 6342 |
| Article XVIII, Ohio Constitution, to pay costs of hospital | 6343 |
| facilities or to refund such obligations, and the transfer | 6344 |
| thereof, and the interest and other income from such obligations, | 6345 |
| including any profit made on the sale thereof, is free from | 6346 |
| taxation within the state. | 6347 |
| (B)(1) Division (A) of this section does not exempt | 6348 |
| independent living facilities from taxes levied on property or | 6349 |
| taxes levied under Chapters 5739. and 5741. of the Revised Code. | 6350 |
| If an independent living facility or part of such facility becomes | 6351 |
| an adult care facility, nursing home, or residential care facility | 6352 |
| on or after January 10, 1991, that part of the independent living | 6353 |
| facility that is an adult care facility, nursing home, or | 6354 |
| residential care facility is exempt from taxation subject to | 6355 |
| division (B)(2) of this section on and after the date it becomes | 6356 |
| an adult care facility, nursing home, or residential care | 6357 |
| facility. | 6358 |
| (2) Division (A) of this section exempts nursing homes, | 6359 |
| residential care facilities, and adult care facilities from taxes | 6360 |
| levied on property and taxes levied under Chapters 5739. and 5741. | 6361 |
| of the Revised Code only until all obligations issued to finance | 6362 |
| such homes or facilities, or all refunding or series of refundings | 6363 |
| of those obligations, are redeemed or otherwise retired. | 6364 |
| (3) Nothing in division (A) of this section exempts any | 6365 |
| person subject to this section from the tax levied by Chapter | 6366 |
| 5751. of the Revised Code, but the tax shall be based solely on | 6367 |
| those gross receipts that contribute to such person's unrelated | 6368 |
| business income under the Internal Revenue Code of 1986, 100 Stat. | 6369 |
| 2085, 26 U.S.C. 1, as amended. | 6370 |
| Sec. 141.011. Beginning in calendar year 2001, the annual | 6371 |
| salaries of the elective officers of the state shall be as follows | 6372 |
| rather than as prescribed by divisions (A) to (F) of section | 6373 |
| 141.01 of the Revised Code: | 6374 |
| (A)(1) In calendar year 2001 the annual salary of the | 6375 |
| governor shall be one hundred twenty-six thousand four hundred | 6376 |
| ninety-seven dollars. | 6377 |
| (2) In calendar years 2002 through 2006 the annual salary of | 6378 |
| the governor shall be one hundred thirty thousand two hundred | 6379 |
| ninety-two dollars. | 6380 |
| (3) In calendar year 2007 the annual salary of the governor | 6381 |
| shall be the annual salary in 2006 increased by each of the | 6382 |
| following percentages in succession: | 6383 |
| (a) The lesser of three per cent or the percentage increase, | 6384 |
| if any, in the consumer price index from October 1, 2001, to | 6385 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 6386 |
| cent; | 6387 |
| (b) The lesser of three per cent or the percentage increase, | 6388 |
| if any, in the consumer price index from October 1, 2002, to | 6389 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 6390 |
| cent; | 6391 |
| (c) The lesser of three per cent or the percentage increase, | 6392 |
| if any, in the consumer price index from October 1, 2003, to | 6393 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 6394 |
| cent; | 6395 |
| (d) The lesser of three per cent or the percentage increase, | 6396 |
| if any, in the consumer price index from October 1, 2004, to | 6397 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 6398 |
| cent; | 6399 |
| (e) The lesser of three per cent or the percentage increase, | 6400 |
| if any, in the consumer price index from October 1, 2005, to | 6401 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 6402 |
| cent. | 6403 |
| (4) In calendar year 2008 and thereafter, the annual salary | 6404 |
| of the governor shall be the annual salary in 2007 increased by | 6405 |
| the lesser of the following: | 6406 |
| (a) Three per cent; | 6407 |
| (b) The percentage increase, if any, in the consumer price | 6408 |
| index from October 1, 2006, to September 30, 2007, rounded to the | 6409 |
| nearest one-tenth of one per cent. | 6410 |
| (B)(1) In calendar year 2001 the annual salary of the | 6411 |
| lieutenant governor shall be sixty-six thousand three hundred six | 6412 |
| dollars. | 6413 |
| (2) In calendar years 2002 through 2006 the annual salary of | 6414 |
| the lieutenant governor shall be sixty-eight thousand two hundred | 6415 |
| ninety-five dollars. | 6416 |
| (3) In calendar year 2007 the annual salary of the lieutenant | 6417 |
| governor shall be the annual salary in 2006 increased by each of | 6418 |
| the following percentages in succession: | 6419 |
| (a) The lesser of three per cent or the percentage increase, | 6420 |
| if any, in the consumer price index from October 1, 2001, to | 6421 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 6422 |
| cent; | 6423 |
| (b) The lesser of three per cent or the percentage increase, | 6424 |
| if any, in the consumer price index from October 1, 2002, to | 6425 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 6426 |
| cent; | 6427 |
| (c) The lesser of three per cent or the percentage increase, | 6428 |
| if any, in the consumer price index from October 1, 2003, to | 6429 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 6430 |
| cent; | 6431 |
| (d) The lesser of three per cent or the percentage increase, | 6432 |
| if any, in the consumer price index from October 1, 2004, to | 6433 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 6434 |
| cent; | 6435 |
| (e) The lesser of three per cent or the percentage increase, | 6436 |
| if any, in the consumer price index from October 1, 2005, to | 6437 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 6438 |
| cent. | 6439 |
| (4) In calendar year 2008 and thereafter, the annual salary | 6440 |
| of the lieutenant governor shall be the annual salary in 2007 | 6441 |
| increased by the lesser of the following: | 6442 |
| (a) Three per cent; | 6443 |
| (b) The percentage increase, if any, in the consumer price | 6444 |
| index from October 1, 2006 to September 30, 2007, rounded to the | 6445 |
| nearest one-tenth of one per cent. | 6446 |
| If the governor appoints the lieutenant governor as an | 6447 |
|
administrative
department head | 6448 |
| 6449 | |
| 6450 | |
| office while serving as its head in lieu of the salary for the | 6451 |
| office of lieutenant governor. | 6452 |
| (C)(1) In calendar year 2001 the annual salary of the | 6453 |
| secretary of state, auditor of state, treasurer of state, and | 6454 |
| attorney general shall be ninety-three thousand four hundred | 6455 |
| forty-seven dollars. | 6456 |
| (2) In calendar year 2002 the annual salary of the secretary | 6457 |
| of state, auditor of state, treasurer of state, and attorney | 6458 |
| general shall be ninety-six thousand two hundred fifty dollars. | 6459 |
| (3) In each calendar year from 2003 through 2008, the annual | 6460 |
| salary of the secretary of state, auditor of state, treasurer of | 6461 |
| state, and attorney general shall be increased by the lesser of | 6462 |
| the following: | 6463 |
| (a) Three per cent; | 6464 |
| (b) The percentage increase, if any, in the consumer price | 6465 |
| index over the twelve-month period that ends on the thirtieth day | 6466 |
| of September of the immediately preceding year, rounded to the | 6467 |
| nearest one-tenth of one per cent. | 6468 |
| (D) Upon the death of an elected executive officer of the | 6469 |
| state listed in divisions (A) to (F) of section 141.01 of the | 6470 |
| Revised Code during that person's term of office, an amount shall | 6471 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 6472 |
| to that person's estate. The amount shall equal the amount of the | 6473 |
| salary that the officer would have received during the remainder | 6474 |
| of the officer's unexpired term or an amount equal to the salary | 6475 |
| of that person's office for two years, whichever is less. | 6476 |
| (E) As used in this section, "consumer price index" has the | 6477 |
| same meaning as in section 101.27 of the Revised Code. | 6478 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 6479 |
| the supreme court and of the justices and judges named in this | 6480 |
| section payable from the state treasury are as follows, rounded to | 6481 |
| the nearest fifty dollars: | 6482 |
| (1) For the chief justice of the supreme court, the following | 6483 |
| amounts effective in the following years: | 6484 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 6485 |
| thousand nine hundred dollars; | 6486 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 6487 |
| thousand six hundred fifty dollars; | 6488 |
| (c) After 2001, the amount determined under division (E)(1) | 6489 |
| of this section. | 6490 |
| (2) For the justices of the supreme court, the following | 6491 |
| amounts effective in the following years: | 6492 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 6493 |
| two hundred fifty dollars; | 6494 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 6495 |
| seven hundred fifty dollars; | 6496 |
| (c) After 2001, the amount determined under division (E)(1) | 6497 |
| of this section. | 6498 |
| (3) For the judges of the courts of appeals, the following | 6499 |
| amounts effective in the following years: | 6500 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 6501 |
| hundred fifty dollars; | 6502 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 6503 |
| five hundred fifty dollars; | 6504 |
| (c) After 2001, the amount determined under division (E)(1) | 6505 |
| of this section. | 6506 |
| (4) For the judges of the courts of common pleas, the | 6507 |
| following amounts effective in the following years: | 6508 |
| (a) Beginning January 1, 2000, one hundred thousand five | 6509 |
| hundred dollars, reduced by an amount equal to the annual | 6510 |
| compensation paid to that judge from the county treasury pursuant | 6511 |
| to section 141.05 of the Revised Code; | 6512 |
| (b) Beginning January 1, 2001, one hundred three thousand | 6513 |
| five hundred dollars, reduced by an amount equal to the annual | 6514 |
| compensation paid to that judge from the county treasury pursuant | 6515 |
| to section 141.05 of the Revised Code; | 6516 |
| (c) After 2001, the aggregate annual salary amount determined | 6517 |
| under division (E)(2) of this section reduced by an amount equal | 6518 |
| to the annual compensation paid to that judge from the county | 6519 |
| treasury pursuant to section 141.05 of the Revised Code. | 6520 |
| (5) For the full-time judges of a municipal court or the | 6521 |
| part-time judges of a municipal court of a territory having a | 6522 |
| population of more than fifty thousand, the following amounts | 6523 |
| effective in the following years, which amounts shall be in | 6524 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 6525 |
| and (2) of section 1901.11 of the Revised Code from municipal | 6526 |
| corporations and counties: | 6527 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 6528 |
| hundred fifty dollars; | 6529 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 6530 |
| hundred dollars; | 6531 |
| (c) After 2001, the amount determined under division (E)(3) | 6532 |
| of this section. | 6533 |
| (6) For judges of a municipal court designated as part-time | 6534 |
| judges by section 1901.08 of the Revised Code, other than | 6535 |
| part-time judges to whom division (A)(5) of this section applies, | 6536 |
| and for judges of a county court, the following amounts effective | 6537 |
| in the following years, which amounts shall be in addition to any | 6538 |
| amounts received pursuant to division (A) of section 1901.11 of | 6539 |
| the Revised Code from municipal corporations and counties or | 6540 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 6541 |
| from counties: | 6542 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 6543 |
| hundred dollars; | 6544 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 6545 |
| fifty dollars; | 6546 |
| (c) After 2001, the amount determined under division (E)(4) | 6547 |
| of this section. | 6548 |
| (B) Except as provided in section 1901.121 of the Revised | 6549 |
| Code, except as otherwise provided in this division, and except | 6550 |
| for the compensation to which the judges described in division | 6551 |
| (A)(5) of this section are entitled pursuant to divisions | 6552 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 6553 |
| annual salary of the chief justice of the supreme court and of | 6554 |
| each justice or judge listed in division (A) of this section shall | 6555 |
| be paid in equal monthly installments from the state treasury. If | 6556 |
| the chief justice of the supreme court or any justice or judge | 6557 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 6558 |
| written request to be paid biweekly to the administrative director | 6559 |
| of the supreme court prior to the first day of January of any | 6560 |
| year, the annual salary of the chief justice or the justice or | 6561 |
| judge that is listed in division (A)(2), (3), or (4) of this | 6562 |
| section shall be paid, during the year immediately following the | 6563 |
| year in which the request is delivered to the administrative | 6564 |
| director of the supreme court, biweekly from the state treasury. | 6565 |
| (C) Upon the death of the chief justice or a justice of the | 6566 |
| supreme court during that person's term of office, an amount shall | 6567 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 6568 |
| to that person's estate. The amount shall equal the amount of the | 6569 |
| salary that the chief justice or justice would have received | 6570 |
| during the remainder of the unexpired term or an amount equal to | 6571 |
| the salary of office for two years, whichever is less. | 6572 |
| (D) Neither the chief justice of the supreme court nor any | 6573 |
| justice or judge of the supreme court, the court of appeals, the | 6574 |
| court of common pleas, or the probate court shall hold any other | 6575 |
| office of trust or profit under the authority of this state or the | 6576 |
| United States. | 6577 |
| (E)(1) Each calendar year from 2002 through 2008, the annual | 6578 |
| salaries of the chief justice of the supreme court and of the | 6579 |
| justices and judges named in divisions (A)(2) and (3) of this | 6580 |
| section shall be increased by an amount equal to the adjustment | 6581 |
| percentage for that year multiplied by the compensation paid the | 6582 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 6583 |
| section. | 6584 |
| (2) Each calendar year from 2002 through 2008, the aggregate | 6585 |
| annual salary payable under division (A)(4) of this section to the | 6586 |
| judges named in that division shall be increased by an amount | 6587 |
| equal to the adjustment percentage for that year multiplied by the | 6588 |
| aggregate compensation paid the preceding year pursuant to | 6589 |
| division (A)(4) of this section and section 141.05 of the Revised | 6590 |
| Code. | 6591 |
| (3) Each calendar year from 2002 through 2008, the salary | 6592 |
| payable from the state treasury under division (A)(5) of this | 6593 |
| section to the judges named in that division shall be increased by | 6594 |
| an amount equal to the adjustment percentage for that year | 6595 |
| multiplied by the aggregate compensation paid the preceding year | 6596 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 6597 |
| of section 1901.11 of the Revised Code. | 6598 |
| (4) Each calendar year from 2002 through 2008, the salary | 6599 |
| payable from the state treasury under division (A)(6) of this | 6600 |
| section to the judges named in that division shall be increased by | 6601 |
| an amount equal to the adjustment percentage for that year | 6602 |
| multiplied by the aggregate compensation paid the preceding year | 6603 |
| pursuant to division (A)(6) of this section and division (A) of | 6604 |
| section 1901.11 of the Revised Code from municipal corporations | 6605 |
| and counties or division (A) of section 1907.16 of the Revised | 6606 |
| Code from counties. | 6607 |
| (F) In addition to the salaries payable pursuant to this | 6608 |
| section, the chief justice of the supreme court and the justices | 6609 |
| of the supreme court shall be entitled to a vehicle allowance of | 6610 |
| five hundred dollars per month, payable from the state treasury. | 6611 |
| The allowance shall be increased on the first day of January of | 6612 |
| each odd numbered year by an amount equal to the percentage | 6613 |
| increase, if any, in the consumer price index for the immediately | 6614 |
| preceding twenty-four month period for which information is | 6615 |
| available. | 6616 |
| (G) As used in this section: | 6617 |
| (1) The "adjustment percentage" for a year is the lesser of | 6618 |
| the following: | 6619 |
| (a) Three per cent; | 6620 |
| (b) The percentage increase, if any, in the consumer price | 6621 |
| index over the twelve-month period that ends on the thirtieth day | 6622 |
| of September of the immediately preceding year, rounded to the | 6623 |
| nearest one-tenth of one per cent. | 6624 |
| (2) "Consumer price index" has the same meaning as in section | 6625 |
| 101.27 of the Revised Code. | 6626 |
| (3) "Salary" does not include any portion of the cost, | 6627 |
| premium, or charge for health, medical, hospital, dental, or | 6628 |
| surgical benefits, or any combination of those benefits, covering | 6629 |
| the chief justice of the supreme court or a justice or judge named | 6630 |
| in this section and paid on the chief justice's or the justice's | 6631 |
| or judge's behalf by a governmental entity. | 6632 |
| Sec. 145.01. As used in this chapter: | 6633 |
| (A) "Public employee" means: | 6634 |
| (1) Any person holding an office, not elective, under the | 6635 |
| state or any county, township, municipal corporation, park | 6636 |
| district, conservancy district, sanitary district, health | 6637 |
| district, metropolitan housing authority, state retirement board, | 6638 |
| Ohio historical society, public library, county law library, union | 6639 |
| cemetery, joint hospital, institutional commissary, state | 6640 |
| university, or board, bureau, commission, council, committee, | 6641 |
| authority, or administrative body as the same are, or have been, | 6642 |
| created by action of the general assembly or by the legislative | 6643 |
| authority of any of the units of local government named in | 6644 |
| division (A)(1) of this section, or employed and paid in whole or | 6645 |
| in part by the state or any of the authorities named in division | 6646 |
| (A)(1) of this section in any capacity not covered by section | 6647 |
| 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 6648 |
| (2) A person who is a member of the public employees | 6649 |
| retirement system and who continues to perform the same or similar | 6650 |
| duties under the direction of a contractor who has contracted to | 6651 |
| take over what before the date of the contract was a publicly | 6652 |
| operated function. The governmental unit with which the contract | 6653 |
| has been made shall be deemed the employer for the purposes of | 6654 |
| administering this chapter. | 6655 |
| (3) Any person who is an employee of a public employer, | 6656 |
| notwithstanding that the person's compensation for that employment | 6657 |
| is derived from funds of a person or entity other than the | 6658 |
| employer. Credit for such service shall be included as total | 6659 |
| service credit, provided that the employee makes the payments | 6660 |
| required by this chapter, and the employer makes the payments | 6661 |
| required by sections 145.48 and 145.51 of the Revised Code. | 6662 |
| (4) A person who elects in accordance with section 145.015 of | 6663 |
| the Revised Code to remain a contributing member of the public | 6664 |
| employees retirement system. | 6665 |
| In all cases of doubt, the public employees retirement board | 6666 |
| shall determine whether any person is a public employee, and its | 6667 |
| decision is final. | 6668 |
| (B) "Member" means any public employee, other than a public | 6669 |
| employee excluded or exempted from membership in the retirement | 6670 |
| system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 6671 |
| 145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 6672 |
| retirant who becomes a member under division (C) of section 145.38 | 6673 |
| of the Revised Code. "Member" also includes a disability benefit | 6674 |
| recipient. | 6675 |
| (C) "Head of the department" means the elective or appointive | 6676 |
| head of the several executive, judicial, and administrative | 6677 |
| departments, institutions, boards, and commissions of the state | 6678 |
| and local government as the same are created and defined by the | 6679 |
| laws of this state or, in case of a charter government, by that | 6680 |
| charter. | 6681 |
| (D) "Employer" or "public employer" means the state or any | 6682 |
| county, township, municipal corporation, park district, | 6683 |
| conservancy district, sanitary district, health district, | 6684 |
| metropolitan housing authority, state retirement board, Ohio | 6685 |
| historical society, public library, county law library, union | 6686 |
| cemetery, joint hospital, institutional commissary, state medical | 6687 |
| college, state university, or board, bureau, commission, council, | 6688 |
| committee, authority, or administrative body as the same are, or | 6689 |
| have been, created by action of the general assembly or by the | 6690 |
| legislative authority of any of the units of local government | 6691 |
| named in this division not covered by section 742.01, 3307.01, | 6692 |
| 3309.01, or 5505.01 of the Revised Code. In addition, "employer" | 6693 |
| means the employer of any public employee. | 6694 |
| (E) "Prior service" means all service as a public employee | 6695 |
| rendered before January 1, 1935, and all service as an employee of | 6696 |
| any employer who comes within the state teachers retirement system | 6697 |
| or of the school employees retirement system or of any other | 6698 |
| retirement system established under the laws of this state | 6699 |
| rendered prior to January 1, 1935, provided that if the employee | 6700 |
| claiming the service was employed in any capacity covered by that | 6701 |
| other system after that other system was established, credit for | 6702 |
| the service may be allowed by the public employees retirement | 6703 |
| system only when the employee has made payment, to be computed on | 6704 |
| the salary earned from the date of appointment to the date | 6705 |
| membership was established in the public employees retirement | 6706 |
| system, at the rate in effect at the time of payment, and the | 6707 |
| employer has made payment of the corresponding full liability as | 6708 |
| provided by section 145.44 of the Revised Code. "Prior service" | 6709 |
| also means all service credited for active duty with the armed | 6710 |
| forces of the United States as provided in section 145.30 of the | 6711 |
| Revised Code. | 6712 |
| If an employee who has been granted prior service credit by | 6713 |
| the public employees retirement system for service rendered prior | 6714 |
| to January 1, 1935, as an employee of a board of education | 6715 |
| establishes, before retirement, one year or more of contributing | 6716 |
| service in the state teachers retirement system or school | 6717 |
| employees retirement system, then the prior service ceases to be | 6718 |
| the liability of this system. | 6719 |
| If the board determines that a position of any member in any | 6720 |
| calendar year prior to January 1, 1935, was a part-time position, | 6721 |
| the board shall determine what fractional part of a year's credit | 6722 |
| shall be allowed by the following formula: | 6723 |
| (1) When the member has been either elected or appointed to | 6724 |
| an office the term of which was two or more years and for which an | 6725 |
| annual salary is established, the fractional part of the year's | 6726 |
| credit shall be computed as follows: | 6727 |
| First, when the member's annual salary is one thousand | 6728 |
| dollars or less, the service credit for each such calendar year | 6729 |
| shall be forty per cent of a year. | 6730 |
| Second, for each full one hundred dollars of annual salary | 6731 |
| above one thousand dollars, the member's service credit for each | 6732 |
| such calendar year shall be increased by two and one-half per | 6733 |
| cent. | 6734 |
| (2) When the member is paid on a per diem basis, the service | 6735 |
| credit for any single year of the service shall be determined by | 6736 |
| using the number of days of service for which the compensation was | 6737 |
| received in any such year as a numerator and using two hundred | 6738 |
| fifty days as a denominator. | 6739 |
| (3) When the member is paid on an hourly basis, the service | 6740 |
| credit for any single year of the service shall be determined by | 6741 |
| using the number of hours of service for which the compensation | 6742 |
| was received in any such year as a numerator and using two | 6743 |
| thousand hours as a denominator. | 6744 |
| (F) "Contributor" means any person who has an account in the | 6745 |
| employees' savings fund created by section 145.23 of the Revised | 6746 |
| Code. When used in the sections listed in division (B) of section | 6747 |
| 145.82 of the Revised Code, "contributor" includes any person | 6748 |
| participating in a PERS defined contribution plan. | 6749 |
| (G) "Beneficiary" or "beneficiaries" means the estate or a | 6750 |
| person or persons who, as the result of the death of a member, | 6751 |
| contributor, or retirant, qualify for or are receiving some right | 6752 |
| or benefit under this chapter. | 6753 |
| (H)(1) "Total service credit," except as provided in section | 6754 |
| 145.37 of the Revised Code, means all service credited to a member | 6755 |
| of the retirement system since last becoming a member, including | 6756 |
| restored service credit as provided by section 145.31 of the | 6757 |
| Revised Code; credit purchased under sections 145.293 and 145.299 | 6758 |
| of the Revised Code; all the member's prior service credit; all | 6759 |
| the member's military service credit computed as provided in this | 6760 |
| chapter; all service credit established pursuant to section | 6761 |
| 145.297 of the Revised Code; and any other service credited under | 6762 |
| this chapter. In addition, "total service credit" includes any | 6763 |
| period, not in excess of three years, during which a member was | 6764 |
| out of service and receiving benefits under Chapters 4121. and | 6765 |
| 4123. of the Revised Code. For the exclusive purpose of satisfying | 6766 |
| the service credit requirement and of determining eligibility for | 6767 |
| benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 6768 |
| and 145.361 of the Revised Code, "five or more years of total | 6769 |
| service credit" means sixty or more calendar months of | 6770 |
| contributing service in this system. | 6771 |
| (2) "One and one-half years of contributing service credit," | 6772 |
| as used in division (B) of section 145.45 of the Revised Code, | 6773 |
| also means eighteen or more calendar months of employment by a | 6774 |
| municipal corporation that formerly operated its own retirement | 6775 |
| plan for its employees or a part of its employees, provided that | 6776 |
| all employees of that municipal retirement plan who have eighteen | 6777 |
| or more months of such employment, upon establishing membership in | 6778 |
| the public employees retirement system, shall make a payment of | 6779 |
| the contributions they would have paid had they been members of | 6780 |
| this system for the eighteen months of employment preceding the | 6781 |
| date membership was established. When that payment has been made | 6782 |
| by all such employee members, a corresponding payment shall be | 6783 |
| paid into the employers' accumulation fund by that municipal | 6784 |
| corporation as the employer of the employees. | 6785 |
| (3) Where a member also is a member of the state teachers | 6786 |
| retirement system or the school employees retirement system, or | 6787 |
| both, except in cases of retirement on a combined basis pursuant | 6788 |
| to section 145.37 of the Revised Code or as provided in section | 6789 |
| 145.383 of the Revised Code, service credit for any period shall | 6790 |
| be credited on the basis of the ratio that contributions to the | 6791 |
| public employees retirement system bear to total contributions in | 6792 |
| all state retirement systems. | 6793 |
| (4) Not more than one year of credit may be given for any | 6794 |
| period of twelve months. | 6795 |
| (5) "Ohio service credit" means credit for service that was | 6796 |
| rendered to the state or any of its political subdivisions or any | 6797 |
| employer. | 6798 |
| (I) "Regular interest" means interest at any rates for the | 6799 |
| respective funds and accounts as the public employees retirement | 6800 |
| board may determine from time to time. | 6801 |
| (J) "Accumulated contributions" means the sum of all amounts | 6802 |
| credited to a contributor's individual account in the employees' | 6803 |
| savings fund together with any interest credited to the | 6804 |
| contributor's account under section 145.471 or 145.472 of the | 6805 |
| Revised Code. | 6806 |
| (K)(1) "Final average salary" means the quotient obtained by | 6807 |
| dividing by three the sum of the three full calendar years of | 6808 |
| contributing service in which the member's earnable salary was | 6809 |
| highest, except that if the member has a partial year of | 6810 |
| contributing service in the year the member's employment | 6811 |
| terminates and the member's earnable salary for the partial year | 6812 |
| is higher than for any comparable period in the three years, the | 6813 |
| member's earnable salary for the partial year shall be substituted | 6814 |
| for the member's earnable salary for the comparable period during | 6815 |
| the three years in which the member's earnable salary was lowest. | 6816 |
| (2) If a member has less than three years of contributing | 6817 |
| service, the member's final average salary shall be the member's | 6818 |
| total earnable salary divided by the total number of years, | 6819 |
| including any fraction of a year, of the member's contributing | 6820 |
| service. | 6821 |
| (3) For the purpose of calculating benefits payable to a | 6822 |
| member qualifying for service credit under division (Z) of this | 6823 |
| section, "final average salary" means the total earnable salary on | 6824 |
| which contributions were made divided by the total number of years | 6825 |
| during which contributions were made, including any fraction of a | 6826 |
| year. If contributions were made for less than twelve months, | 6827 |
| "final average salary" means the member's total earnable salary. | 6828 |
| (L) "Annuity" means payments for life derived from | 6829 |
| contributions made by a contributor and paid from the annuity and | 6830 |
| pension reserve fund as provided in this chapter. All annuities | 6831 |
| shall be paid in twelve equal monthly installments. | 6832 |
| (M) "Annuity reserve" means the present value, computed upon | 6833 |
| the basis of the mortality and other tables adopted by the board, | 6834 |
| of all payments to be made on account of any annuity, or benefit | 6835 |
| in lieu of any annuity, granted to a retirant as provided in this | 6836 |
| chapter. | 6837 |
| (N)(1) "Disability retirement" means retirement as provided | 6838 |
| in section 145.36 of the Revised Code. | 6839 |
| (2) "Disability allowance" means an allowance paid on account | 6840 |
| of disability under section 145.361 of the Revised Code. | 6841 |
| (3) "Disability benefit" means a benefit paid as disability | 6842 |
| retirement under section 145.36 of the Revised Code, as a | 6843 |
| disability allowance under section 145.361 of the Revised Code, or | 6844 |
| as a disability benefit under section 145.37 of the Revised Code. | 6845 |
| (4) "Disability benefit recipient" means a member who is | 6846 |
| receiving a disability benefit. | 6847 |
| (O) "Age and service retirement" means retirement as provided | 6848 |
| in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 6849 |
| the Revised Code. | 6850 |
| (P) "Pensions" means annual payments for life derived from | 6851 |
| contributions made by the employer that at the time of retirement | 6852 |
| are credited into the annuity and pension reserve fund from the | 6853 |
| employers' accumulation fund and paid from the annuity and pension | 6854 |
| reserve fund as provided in this chapter. All pensions shall be | 6855 |
| paid in twelve equal monthly installments. | 6856 |
| (Q) "Retirement allowance" means the pension plus that | 6857 |
| portion of the benefit derived from contributions made by the | 6858 |
| member. | 6859 |
| (R)(1) Except as otherwise provided in division (R) of this | 6860 |
| section, "earnable salary" means all salary, wages, and other | 6861 |
| earnings paid to a contributor by reason of employment in a | 6862 |
| position covered by the retirement system. The salary, wages, and | 6863 |
| other earnings shall be determined prior to determination of the | 6864 |
| amount required to be contributed to the employees' savings fund | 6865 |
| under section 145.47 of the Revised Code and without regard to | 6866 |
| whether any of the salary, wages, or other earnings are treated as | 6867 |
| deferred income for federal income tax purposes. "Earnable salary" | 6868 |
| includes the following: | 6869 |
| (a) Payments made by the employer in lieu of salary, wages, | 6870 |
| or other earnings for sick leave, personal leave, or vacation used | 6871 |
| by the contributor; | 6872 |
| (b) Payments made by the employer for the conversion of sick | 6873 |
| leave, personal leave, and vacation leave accrued, but not used if | 6874 |
| the payment is made during the year in which the leave is accrued, | 6875 |
| except that payments made pursuant to section 124.383 or 124.386 | 6876 |
| of the Revised Code are not earnable salary; | 6877 |
| (c) Allowances paid by the employer for full maintenance, | 6878 |
| consisting of housing, laundry, and meals, as certified to the | 6879 |
| retirement board by the employer or the head of the department | 6880 |
| that employs the contributor; | 6881 |
| (d) Fees and commissions paid under section 507.09 of the | 6882 |
| Revised Code; | 6883 |
| (e) Payments that are made under a disability leave program | 6884 |
| sponsored by the employer and for which the employer is required | 6885 |
| by section 145.296 of the Revised Code to make periodic employer | 6886 |
| and employee contributions; | 6887 |
| (f) Amounts included pursuant to divisions (K)(3) and (Y) of | 6888 |
| this section. | 6889 |
| (2) "Earnable salary" does not include any of the following: | 6890 |
| (a) Fees and commissions, other than those paid under section | 6891 |
| 507.09 of the Revised Code, paid as sole compensation for personal | 6892 |
| services and fees and commissions for special services over and | 6893 |
| above services for which the contributor receives a salary; | 6894 |
| (b) Amounts paid by the employer to provide life insurance, | 6895 |
| sickness, accident, endowment, health, medical, hospital, dental, | 6896 |
| or surgical coverage, or other insurance for the contributor or | 6897 |
| the contributor's family, or amounts paid by the employer to the | 6898 |
| contributor in lieu of providing the insurance; | 6899 |
| (c) Incidental benefits, including lodging, food, laundry, | 6900 |
| parking, or services furnished by the employer, or use of the | 6901 |
| employer's property or equipment, or amounts paid by the employer | 6902 |
| to the contributor in lieu of providing the incidental benefits; | 6903 |
| (d) Reimbursement for job-related expenses authorized by the | 6904 |
| employer, including moving and travel expenses and expenses | 6905 |
| related to professional development; | 6906 |
| (e) Payments for accrued but unused sick leave, personal | 6907 |
| leave, or vacation that are made at any time other than in the | 6908 |
| year in which the sick leave, personal leave, or vacation was | 6909 |
| accrued; | 6910 |
| (f) Payments made to or on behalf of a contributor that are | 6911 |
| in excess of the annual compensation that may be taken into | 6912 |
| account by the retirement system under division (a)(17) of section | 6913 |
| 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 6914 |
| U.S.C.A. 401(a)(17), as amended; | 6915 |
| (g) Payments made under division (B), (C), or (E) of section | 6916 |
| 5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 6917 |
| No. 3 of the 119th general assembly, Section 3 of Amended | 6918 |
| Substitute Senate Bill No. 164 of the 124th general assembly, or | 6919 |
| Amended Substitute House Bill No. 405 of the 124th general | 6920 |
| assembly; | 6921 |
| (h) Anything of value received by the contributor that is | 6922 |
| based on or attributable to retirement or an agreement to retire, | 6923 |
| except that payments made on or before January 1, 1989, that are | 6924 |
| based on or attributable to an agreement to retire shall be | 6925 |
| included in earnable salary if both of the following apply: | 6926 |
| (i) The payments are made in accordance with contract | 6927 |
| provisions that were in effect prior to January 1, 1986; | 6928 |
| (ii) The employer pays the retirement system an amount | 6929 |
| specified by the retirement board equal to the additional | 6930 |
| liability resulting from the payments. | 6931 |
| (3) The retirement board shall determine by rule whether any | 6932 |
| compensation not enumerated in division (R) of this section is | 6933 |
| earnable salary, and its decision shall be final. | 6934 |
| (S) "Pension reserve" means the present value, computed upon | 6935 |
| the basis of the mortality and other tables adopted by the board, | 6936 |
| of all payments to be made on account of any retirement allowance | 6937 |
| or benefit in lieu of any retirement allowance, granted to a | 6938 |
| member or beneficiary under this chapter. | 6939 |
| (T)(1) "Contributing service" means all service credited to a | 6940 |
| member of the system since January 1, 1935, for which | 6941 |
| contributions are made as required by sections 145.47, 145.48, and | 6942 |
| 145.483 of the Revised Code. In any year subsequent to 1934, | 6943 |
| credit for any service shall be allowed by the following formula: | 6944 |
| (a) For each month for which the member's earnable salary is | 6945 |
| two hundred fifty dollars or more, allow one month's credit. | 6946 |
| (b) For each month for which the member's earnable salary is | 6947 |
| less than two hundred fifty dollars, allow a fraction of a month's | 6948 |
| credit. The numerator of this fraction shall be the earnable | 6949 |
| salary during the month, and the denominator shall be two hundred | 6950 |
| fifty dollars, except that if the member's annual earnable salary | 6951 |
| is less than six hundred dollars, the member's credit shall not be | 6952 |
| reduced below twenty per cent of a year for a calendar year of | 6953 |
| employment during which the member worked each month. Division | 6954 |
| (T)(1)(b) of this section shall not reduce any credit earned | 6955 |
| before January 1, 1985. | 6956 |
| (2) Notwithstanding division (T)(1) of this section, an | 6957 |
| elected official who prior to January 1, 1980, was granted a full | 6958 |
| year of credit for each year of service as an elected official | 6959 |
| shall be considered to have earned a full year of credit for each | 6960 |
| year of service regardless of whether the service was full-time or | 6961 |
| part-time. The public employees retirement board has no authority | 6962 |
| to reduce the credit. | 6963 |
| (U) "State retirement board" means the public employees | 6964 |
| retirement board, the school employees retirement board, or the | 6965 |
| state teachers retirement board. | 6966 |
| (V) "Retirant" means any former member who retires and is | 6967 |
| receiving a monthly allowance as provided in sections 145.32, | 6968 |
| 145.33, 145.331, 145.34, and 145.46 of the Revised Code. | 6969 |
| (W) "Employer contribution" means the amount paid by an | 6970 |
| employer as determined under section 145.48 of the Revised Code. | 6971 |
| (X) "Public service terminates" means the last day for which | 6972 |
| a public employee is compensated for services performed for an | 6973 |
| employer or the date of the employee's death, whichever occurs | 6974 |
| first. | 6975 |
| (Y) When a member has been elected or appointed to an office, | 6976 |
| the term of which is two or more years, for which an annual salary | 6977 |
| is established, and in the event that the salary of the office is | 6978 |
| increased and the member is denied the additional salary by reason | 6979 |
| of any constitutional provision prohibiting an increase in salary | 6980 |
| during a term of office, the member may elect to have the amount | 6981 |
| of the member's contributions calculated upon the basis of the | 6982 |
| increased salary for the office. At the member's request, the | 6983 |
| board shall compute the total additional amount the member would | 6984 |
| have contributed, or the amount by which each of the member's | 6985 |
| contributions would have increased, had the member received the | 6986 |
| increased salary for the office the member holds. If the member | 6987 |
| elects to have the amount by which the member's contribution would | 6988 |
| have increased withheld from the member's salary, the member shall | 6989 |
| notify the employer, and the employer shall make the withholding | 6990 |
| and transmit it to the retirement system. A member who has not | 6991 |
| elected to have that amount withheld may elect at any time to make | 6992 |
| a payment to the retirement system equal to the additional amount | 6993 |
| the member's contribution would have increased, plus interest on | 6994 |
| that contribution, compounded annually at a rate established by | 6995 |
| the board and computed from the date on which the last | 6996 |
| contribution would have been withheld from the member's salary to | 6997 |
| the date of payment. A member may make a payment for part of the | 6998 |
| period for which the increased contribution was not withheld, in | 6999 |
| which case the interest shall be computed from the date the last | 7000 |
| contribution would have been withheld for the period for which the | 7001 |
| payment is made. Upon the payment of the increased contributions | 7002 |
| as provided in this division, the increased annual salary as | 7003 |
| provided by law for the office for the period for which the member | 7004 |
| paid increased contributions thereon shall be used in determining | 7005 |
| the member's earnable salary for the purpose of computing the | 7006 |
| member's final average salary. | 7007 |
| (Z) "Five years of service credit," for the exclusive purpose | 7008 |
| of satisfying the service credit requirements and of determining | 7009 |
| eligibility for benefits under section 145.33 of the Revised Code, | 7010 |
| means employment covered under this chapter or under a former | 7011 |
| retirement plan operated, recognized, or endorsed by the employer | 7012 |
| prior to coverage under this chapter or under a combination of the | 7013 |
| coverage. | 7014 |
| (AA) "Deputy sheriff" means any person who is commissioned | 7015 |
| and employed as a full-time peace officer by the sheriff of any | 7016 |
| county, and has been so employed since on or before December 31, | 7017 |
| 1965, and whose primary duties are to preserve the peace, to | 7018 |
| protect life and property, and to enforce the laws of this state; | 7019 |
| any person who is or has been commissioned and employed as a peace | 7020 |
| officer by the sheriff of any county since January 1, 1966, and | 7021 |
| who has received a certificate attesting to the person's | 7022 |
| satisfactory completion of the peace officer training school as | 7023 |
| required by section 109.77 of the Revised Code and whose primary | 7024 |
| duties are to preserve the peace, protect life and property, and | 7025 |
| enforce the laws of this state; or any person deputized by the | 7026 |
| sheriff of any county and employed pursuant to section 2301.12 of | 7027 |
| the Revised Code as a criminal bailiff or court constable who has | 7028 |
| received a certificate attesting to the person's satisfactory | 7029 |
| completion of the peace officer training school as required by | 7030 |
| section 109.77 of the Revised Code and whose primary duties are to | 7031 |
| preserve the peace, protect life and property, and enforce the | 7032 |
| laws of this state. | 7033 |
| (BB) "Township constable or police officer in a township | 7034 |
| police department or district" means any person who is | 7035 |
| commissioned and employed as a full-time peace officer pursuant to | 7036 |
| Chapter 505. or 509. of the Revised Code, who has received a | 7037 |
| certificate attesting to the person's satisfactory completion of | 7038 |
| the peace officer training school as required by section 109.77 of | 7039 |
| the Revised Code, and whose primary duties are to preserve the | 7040 |
| peace, protect life and property, and enforce the laws of this | 7041 |
| state. | 7042 |
| (CC) "Drug agent" means any person who is either of the | 7043 |
| following: | 7044 |
| (1) Employed full-time as a narcotics agent by a county | 7045 |
| narcotics agency created pursuant to section 307.15 of the Revised | 7046 |
| Code and has received a certificate attesting to the satisfactory | 7047 |
| completion of the peace officer training school as required by | 7048 |
| section 109.77 of the Revised Code; | 7049 |
| (2) Employed full-time as an undercover drug agent as defined | 7050 |
| in section 109.79 of the Revised Code and is in compliance with | 7051 |
| section 109.77 of the Revised Code. | 7052 |
| (DD) "Department of public safety enforcement agent" means a | 7053 |
| full-time employee of the department of public safety who is | 7054 |
| designated under section 5502.14 of the Revised Code as an | 7055 |
| enforcement agent and who is in compliance with section 109.77 of | 7056 |
| the Revised Code. | 7057 |
| (EE) "Natural resources law enforcement staff officer" means | 7058 |
| a full-time employee of the department of natural resources who is | 7059 |
| designated a natural resources law enforcement staff officer under | 7060 |
| section 1501.013 of the Revised Code and is in compliance with | 7061 |
| section 109.77 of the Revised Code. | 7062 |
| (FF) "Park officer" means a full-time employee of the | 7063 |
| department of natural resources who is designated a park officer | 7064 |
| under section 1541.10 of the Revised Code and is in compliance | 7065 |
| with section 109.77 of the Revised Code. | 7066 |
| (GG) "Forest officer" means a full-time employee of the | 7067 |
| department of natural resources who is designated a forest officer | 7068 |
| under section 1503.29 of the Revised Code and is in compliance | 7069 |
| with section 109.77 of the Revised Code. | 7070 |
| (HH) "Preserve officer" means a full-time employee of the | 7071 |
| department of natural resources who is designated a preserve | 7072 |
| officer under section 1517.10 of the Revised Code and is in | 7073 |
| compliance with section 109.77 of the Revised Code. | 7074 |
| (II) "Wildlife officer" means a full-time employee of the | 7075 |
| department of natural resources who is designated a wildlife | 7076 |
| officer under section 1531.13 of the Revised Code and is in | 7077 |
| compliance with section 109.77 of the Revised Code. | 7078 |
| (JJ) "State watercraft officer" means a full-time employee of | 7079 |
| the department of natural resources who is designated a state | 7080 |
| watercraft officer under section 1547.521 of the Revised Code and | 7081 |
| is in compliance with section 109.77 of the Revised Code. | 7082 |
| (KK) "Park district police officer" means a full-time | 7083 |
| employee of a park district who is designated pursuant to section | 7084 |
| 511.232 or 1545.13 of the Revised Code and is in compliance with | 7085 |
| section 109.77 of the Revised Code. | 7086 |
| (LL) "Conservancy district officer" means a full-time | 7087 |
| employee of a conservancy district who is designated pursuant to | 7088 |
| section 6101.75 of the Revised Code and is in compliance with | 7089 |
| section 109.77 of the Revised Code. | 7090 |
| (MM) "Municipal police officer" means a member of the | 7091 |
| organized police department of a municipal corporation who is | 7092 |
| employed full-time, is in compliance with section 109.77 of the | 7093 |
| Revised Code, and is not a member of the Ohio police and fire | 7094 |
| pension fund. | 7095 |
| (NN) "Veterans' home police officer" means any person who is | 7096 |
| employed at a veterans' home as a police officer pursuant to | 7097 |
| section 5907.02 of the Revised Code and is in compliance with | 7098 |
| section 109.77 of the Revised Code. | 7099 |
| (OO) "Special police officer for a mental health institution" | 7100 |
| means any person who is designated as such pursuant to section | 7101 |
| 5119.14 of the Revised Code and is in compliance with section | 7102 |
| 109.77 of the Revised Code. | 7103 |
| (PP) "Special police officer for an institution for the | 7104 |
| mentally retarded and developmentally disabled" means any person | 7105 |
| who is designated as such pursuant to section 5123.13 of the | 7106 |
| Revised Code and is in compliance with section 109.77 of the | 7107 |
| Revised Code. | 7108 |
| (QQ) "State university law enforcement officer" means any | 7109 |
| person who is employed full-time as a state university law | 7110 |
| enforcement officer pursuant to section 3345.04 of the Revised | 7111 |
| Code and who is in compliance with section 109.77 of the Revised | 7112 |
| Code. | 7113 |
| (RR) "House sergeant at arms" means any person appointed by | 7114 |
| the speaker of the house of representatives under division (B)(1) | 7115 |
| of section 101.311 of the Revised Code who has arrest authority | 7116 |
| under division (E)(1) of that section. | 7117 |
| (SS) "Assistant house sergeant at arms" means any person | 7118 |
| appointed by the house sergeant at arms under division (C)(1) of | 7119 |
| section 101.311 of the Revised Code. | 7120 |
| (TT) "Regional transit authority police officer" means a | 7121 |
| person who is employed full time as a regional transit authority | 7122 |
| police officer under division (Y) of section 306.35 of the Revised | 7123 |
| Code and is in compliance with section 109.77 of the Revised Code. | 7124 |
| (UU) "State highway patrol police officer" means a special | 7125 |
| police officer employed full time and designated by the | 7126 |
| superintendent of the state highway patrol pursuant to section | 7127 |
| 5503.09 of the Revised Code or a person serving full time as a | 7128 |
| special police officer pursuant to that section on a permanent | 7129 |
| basis on October 21, 1997, who is in compliance with section | 7130 |
| 109.77 of the Revised Code. | 7131 |
| (VV) "Municipal public safety director" means a person who | 7132 |
| serves full-time as the public safety director of a municipal | 7133 |
| corporation with the duty of directing the activities of the | 7134 |
| municipal corporation's police department and fire department. | 7135 |
| (WW) Notwithstanding section 2901.01 of the Revised Code, | 7136 |
| "PERS law enforcement officer" means a sheriff, deputy sheriff, | 7137 |
| township constable or police officer in a township police | 7138 |
| department or district, drug agent, municipal public safety | 7139 |
| director, department of public safety enforcement agent, natural | 7140 |
| resources law enforcement staff officer, park officer, forest | 7141 |
| officer, preserve officer, wildlife officer, state watercraft | 7142 |
| officer, park district police officer, conservancy district | 7143 |
| officer, veterans' home police officer, special police officer for | 7144 |
| a mental health institution, special police officer for an | 7145 |
| institution for the mentally retarded and developmentally | 7146 |
| disabled, state university law enforcement officer, municipal | 7147 |
| police officer, house sergeant at arms, assistant house sergeant | 7148 |
| at arms, regional transit authority police officer, or state | 7149 |
| highway patrol police officer. | 7150 |
| | 7151 |
| person appointed by the clerk of courts of the Hamilton county | 7152 |
| municipal court under division (A)(3) of section 1901.32 of the | 7153 |
| Revised Code who is employed full time as a bailiff or deputy | 7154 |
| bailiff, who has received a certificate attesting to the person's | 7155 |
| satisfactory completion of the peace officer basic training | 7156 |
| described in division (D)(1) of section 109.77 of the Revised | 7157 |
| Code, and whose primary duties are to preserve the peace, to | 7158 |
| protect life and property, and to enforce the laws of this state. | 7159 |
| | 7160 |
| following: | 7161 |
| (1) Exercises any discretionary authority or control with | 7162 |
| respect to the management of the system or with respect to the | 7163 |
| management or disposition of its assets; | 7164 |
| (2) Renders investment advice for a fee, direct or indirect, | 7165 |
| with respect to money or property of the system; | 7166 |
| (3) Has any discretionary authority or responsibility in the | 7167 |
| administration of the system. | 7168 |
| | 7169 |
| the following requirements: | 7170 |
| (1) Is a member of the American academy of actuaries; | 7171 |
| (2) Is an associate or fellow of the society of actuaries; | 7172 |
| (3) Has a minimum of five years' experience in providing | 7173 |
| actuarial services to public retirement plans. | 7174 |
| | 7175 |
| described in sections 145.201 to 145.79 of the Revised Code. | 7176 |
| | 7177 |
| or plans established under section 145.81 of the Revised Code. | 7178 |
| Sec. 145.33. (A) Except as provided in division (B) or (C) | 7179 |
| of this section, a member with at least five years of total | 7180 |
| service credit who has attained age sixty, or who has thirty years | 7181 |
| of total Ohio service credit, may apply for age and service | 7182 |
| retirement, which shall consist of: | 7183 |
| (1) An annuity having a reserve equal to the amount of the | 7184 |
| member's accumulated contributions at that time; | 7185 |
| (2) A pension equal to the annuity provided by division | 7186 |
| (A)(1) of this section; | 7187 |
| (3) An additional pension, if the member can qualify for | 7188 |
| prior service, equal to forty dollars multiplied by the number of | 7189 |
| years, and fraction thereof, of such prior and military service | 7190 |
| credit; | 7191 |
| (4) A basic annual pension equal to one hundred eighty | 7192 |
| dollars if the member has ten or more years of total service | 7193 |
| credit as of October 1, 1956, except that the basic annual pension | 7194 |
| shall not exceed the sum of the annual benefits provided by | 7195 |
| divisions (A)(1), (2), and (3) of this section. | 7196 |
| (5) When a member retires on age and service retirement, the | 7197 |
| member's total annual single lifetime allowance, including the | 7198 |
| allowances provided in divisions (A)(1), (2), (3), and (4) of this | 7199 |
| section, shall be not less than a base amount adjusted in | 7200 |
| accordance with division (A)(5) of this section and determined by | 7201 |
| multiplying the member's total service credit by the greater of | 7202 |
| the following: | 7203 |
| (a) Eighty-six dollars; | 7204 |
| (b) Two and two-tenths per cent of the member's final average | 7205 |
| salary for each of the first thirty years of service plus two and | 7206 |
| one-half per cent of the member's final average salary for each | 7207 |
| subsequent year of service. | 7208 |
| The allowance shall be adjusted by the factors of attained | 7209 |
| age or years of service to provide the greater amount as | 7210 |
| determined by the following schedule: | 7211 |
| Years of | Percentage | 7212 | ||||
| Attained | or | Total Service | of | 7213 | ||
| Birthday | Credit | Base Amount | 7214 |
| 58 | 25 | 75 | 7215 | |||
| 59 | 26 | 80 | 7216 | |||
| 60 | 27 | 85 | 7217 | |||
| 61 | 88 | 7218 | ||||
| 28 | 90 | 7219 | ||||
| 62 | 91 | 7220 | ||||
| 63 | 94 | 7221 | ||||
| 29 | 95 | 7222 | ||||
| 64 | 97 | 7223 | ||||
| 65 | 30 or more | 100 | 7224 |
| Members shall vest the right to a benefit in accordance with | 7225 |
| the following schedule, based on the member's attained age by | 7226 |
| September 1, 1976: | 7227 |
| Percentage | 7228 | ||||
| Attained | of | 7229 | |||
| Birthday | Base Amount | 7230 | |||
| 66 | 102 | 7231 | |||
| 67 | 104 | 7232 | |||
| 68 | 106 | 7233 | |||
| 69 | 108 | 7234 | |||
| 70 or more | 110 | 7235 |
| (6) The total annual single lifetime allowance that a member | 7236 |
| shall receive under division (A)(5) of this section shall not | 7237 |
| exceed the lesser of one hundred per cent of the member's final | 7238 |
| average salary or the limit established by section 415 of the | 7239 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 7240 |
| as amended. | 7241 |
| (B)(1) For the purposes of divisions (B) to (G) of this | 7242 |
| section, "total service credit as a PERS law enforcement officer" | 7243 |
| and "total service credit as a Hamilton county municipal court | 7244 |
| bailiff" include credit for military service to the extent | 7245 |
| permitted by division (E)(2) of this section and credit for | 7246 |
| service as a police officer or state highway patrol trooper to the | 7247 |
| extent permitted by divisions (E)(3) and (4) of this section. | 7248 |
| (2) A member who meets the conditions in division (B)(2)(a), | 7249 |
| (b), (c), or (d) of this section may apply for an age and service | 7250 |
| retirement benefit under this division: | 7251 |
| (a) The member has attained age forty-eight and has at least | 7252 |
| twenty-five years of total service credit as a PERS law | 7253 |
| enforcement officer whose primary duties were to preserve the | 7254 |
| peace, protect life and property, and enforce the laws in the | 7255 |
| member's jurisdiction; | 7256 |
| (b) The member has attained age fifty-two, and has at least | 7257 |
| twenty-five years of total service credit as a PERS law | 7258 |
| enforcement officer, but the member's primary duties were other | 7259 |
| than to preserve the peace, protect life and property, and enforce | 7260 |
| the laws in the member's jurisdiction; | 7261 |
| (c) The member has attained age fifty-two and has at least | 7262 |
| twenty-five years of total service as a Hamilton county municipal | 7263 |
| court bailiff; | 7264 |
| (d) The member has attained age sixty-two and has at least | 7265 |
| fifteen years of total service credit as either of the following: | 7266 |
| (i) A PERS law enforcement officer; | 7267 |
| (ii) A Hamilton county municipal court bailiff. | 7268 |
| (3) A benefit paid under division (B)(2) of this section | 7269 |
| shall consist of an annual single lifetime allowance equal to the | 7270 |
| sum of two and one-half per cent of the member's final average | 7271 |
| salary multiplied by the first twenty-five years of the member's | 7272 |
| total service plus two and one-tenth per cent of the member's | 7273 |
| final average salary multiplied by the number of years of the | 7274 |
| member's total service credit in excess of twenty-five years. | 7275 |
| (4) A member with at least fifteen years of total service | 7276 |
| credit as a PERS law enforcement officer or Hamilton county | 7277 |
| municipal court bailiff who voluntarily resigns or is discharged | 7278 |
| for any reason except death, dishonesty, cowardice, intemperate | 7279 |
| habits, or conviction of a felony may apply for an age and service | 7280 |
| retirement benefit, which shall consist of an annual single | 7281 |
| lifetime allowance equal to one and one-half per cent of the | 7282 |
| member's final average salary multiplied by the number of years of | 7283 |
| the member's total service credit. The allowance shall commence on | 7284 |
| the first day of the calendar month following the month in which | 7285 |
| the application is filed with the public employees retirement | 7286 |
| board on or after the attainment by the applicant of age | 7287 |
| fifty-two. | 7288 |
| (C)(1) A member with at least twenty-five years of total | 7289 |
| service credit who would be eligible to retire under division | 7290 |
| (B)(2)(b) or (c) of this section had the member attained age | 7291 |
| fifty-two and who voluntarily resigns or is discharged for any | 7292 |
| reason except death, dishonesty, cowardice, intemperate habits, or | 7293 |
| conviction of a felony, on or after the date of attaining | 7294 |
| forty-eight years of age, but before the date of attaining | 7295 |
| fifty-two years of age, may elect to receive a reduced benefit as | 7296 |
| determined by the following schedule: | 7297 |
| Attained Age | Reduced Benefit | 7298 |
| 48 | 75% of the benefit payable under | 7299 | |||
| division (B)(3) of this section | 7300 | ||||
| 49 | 80% of the benefit payable under | 7301 | |||
| division (B)(3) of this section | 7302 | ||||
| 50 | 86% of the benefit payable under | 7303 | |||
| division (B)(3) of this section | 7304 | ||||
| 51 | 93% of the benefit payable under | 7305 | |||
| division (B)(3) of this section | 7306 |
| (2) If a member elects to receive a reduced benefit after | 7307 |
| attaining age forty-eight the reduced benefit is payable from the | 7308 |
| later of the date of the member's most recent birthday or the date | 7309 |
| the member becomes eligible to receive the reduced benefit. | 7310 |
| (3) Once a member elects to receive a reduced benefit | 7311 |
| determined by the schedule in division (C)(1) of this section and | 7312 |
| has received a payment, the member may not reelect to change that | 7313 |
| election. | 7314 |
| (4) If a member who has resigned or been discharged has left | 7315 |
| on deposit the member's accumulated contributions in the | 7316 |
| employees' savings fund and has not elected to receive a reduced | 7317 |
| benefit determined by the schedule in division (C)(1) of this | 7318 |
| section, upon attaining fifty-two years of age, the member shall | 7319 |
| be entitled to receive a benefit computed and paid under division | 7320 |
| (B)(3) of this section. | 7321 |
| (D) A benefit paid under division (B) or (C) of this section | 7322 |
| shall not exceed the lesser of ninety per cent of the member's | 7323 |
| final average salary or the limit established by section 415 of | 7324 |
| the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 7325 |
| 415, as amended. | 7326 |
| (E)(1) A member with service credit as a PERS law enforcement | 7327 |
| officer or a Hamilton county municipal court bailiff and other | 7328 |
| service credit under this chapter may elect one of the following: | 7329 |
| (a) To have all the member's service credit under this | 7330 |
| chapter, including credit for service as a PERS law enforcement | 7331 |
| officer or Hamilton county municipal court bailiff, used in | 7332 |
| calculating a retirement allowance under division (A) of this | 7333 |
| section if the member qualifies for an allowance under that | 7334 |
| division; | 7335 |
| (b) If the member qualifies for an allowance under division | 7336 |
| (B) or (C) of this section, to have the member's service credit as | 7337 |
| a PERS law enforcement officer or Hamilton county municipal court | 7338 |
| bailiff used in calculating a benefit under the appropriate | 7339 |
| division and the member's credit for all service other than PERS | 7340 |
| law enforcement service or service as a Hamilton county municipal | 7341 |
| court bailiff under this chapter used in calculating a benefit | 7342 |
| consisting of a single life annuity having a reserve equal to the | 7343 |
| amount of the member's accumulated contributions and an equal | 7344 |
| amount of the employer's contributions. | 7345 |
| (2) Notwithstanding sections 145.01 and 145.30 of the Revised | 7346 |
| Code, no more than four years of military service credit granted | 7347 |
| under section 145.30 of the Revised Code and five years of | 7348 |
| military service credit purchased under section 145.301 or 145.302 | 7349 |
| of the Revised Code shall be used in calculating service as a PERS | 7350 |
| law enforcement officer or Hamilton county municipal court bailiff | 7351 |
| or the total service credit of that person. | 7352 |
| (3) Only credit for the member's service as a PERS law | 7353 |
| enforcement officer or service credit obtained as a police officer | 7354 |
| or state highway patrol trooper shall be used in computing the | 7355 |
| benefit of a member who qualifies for a benefit under division | 7356 |
| (B)(2)(a), (b), or (d)(ii) or (4) or division (C) of this section | 7357 |
| for the following: | 7358 |
| (a) Any person who originally is commissioned and employed as | 7359 |
| a deputy sheriff by the sheriff of any county, or who originally | 7360 |
| is elected sheriff, on or after January 1, 1975; | 7361 |
| (b) Any deputy sheriff who originally is employed as a | 7362 |
| criminal bailiff or court constable on or after April 16, 1993; | 7363 |
| (c) Any person who originally is appointed as a township | 7364 |
| constable or police officer in a township police department or | 7365 |
| district on or after January 1, 1981; | 7366 |
| (d) Any person who originally is employed as a county | 7367 |
| narcotics agent on or after September 26, 1984; | 7368 |
| (e) Any person who originally is employed as an undercover | 7369 |
| drug agent as defined in section 109.79 of the Revised Code, | 7370 |
| department of public safety enforcement agent who prior to June | 7371 |
| 30, 1999, was a liquor control investigator, park officer, forest | 7372 |
| officer, wildlife officer, state watercraft officer, park district | 7373 |
| police officer, conservancy district officer, veterans' home | 7374 |
| police officer, special police officer for a mental health | 7375 |
| institution, special police officer for an institution for the | 7376 |
| mentally retarded and developmentally disabled, or municipal | 7377 |
| police officer on or after December 15, 1988; | 7378 |
| (f) Any person who originally is employed as a state | 7379 |
| university law enforcement officer on or after November 6, 1996; | 7380 |
| (g) Any person who is originally employed as a state | 7381 |
| university law enforcement officer by the university of Akron on | 7382 |
| or after September 16, 1998; | 7383 |
| (h) Any person who originally is employed as a preserve | 7384 |
| officer on or after March 18, 1999; | 7385 |
| (i) Any person who originally is employed as a natural | 7386 |
| resources law enforcement staff officer on or after March 18, | 7387 |
| 1999; | 7388 |
| (j) Any person who is originally employed as a department of | 7389 |
| public safety enforcement agent on or after June 30, 1999; | 7390 |
| (k) Any person who is originally employed as a house sergeant | 7391 |
| at arms or assistant house sergeant at arms on or after September | 7392 |
| 5, 2001; | 7393 |
| (l) Any person who is originally appointed as a regional | 7394 |
| transit authority police officer or state highway patrol police | 7395 |
| officer on or after February 1, 2002; | 7396 |
| (m) Any person who is originally employed as a municipal | 7397 |
| public safety director on or after the effective date of this | 7398 |
| amendment. | 7399 |
| (4) Only credit for a member's service as a Hamilton county | 7400 |
| municipal court bailiff or service credit obtained as a PERS law | 7401 |
| enforcement officer, police officer, or state highway patrol | 7402 |
| trooper shall be used in computing the benefit of a member who | 7403 |
| qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4) | 7404 |
| or division (C) of this section for any person who originally is | 7405 |
| employed as a Hamilton county municipal court bailiff on or after | 7406 |
| November 6, 1996. | 7407 |
| (F) Retirement allowances determined under this section shall | 7408 |
| be paid as provided in section 145.46 of the Revised Code. | 7409 |
| (G) For the purposes of this section, service prior to June | 7410 |
| 30, 1999, as a food stamp trafficking agent under former section | 7411 |
| 5502.14 of the Revised Code shall be considered service as a law | 7412 |
| enforcement officer. | 7413 |
| Sec. 147.05. (A) Before entering upon the duties of the | 7414 |
| office of notary public, a notary public shall leave the notary | 7415 |
| public's commission with the oath endorsed on the commission with | 7416 |
| the clerk of the court of common pleas of the county in which the | 7417 |
| notary public resides. The clerk shall record the commission in a | 7418 |
| book kept for that purpose. The clerk shall endorse on the margin | 7419 |
| of the record and on the back of the commission the time that the | 7420 |
| clerk received the commission for record and make a proper index | 7421 |
| to all commissions so recorded. For recording and indexing a | 7422 |
| commission, the fee of the clerk shall be as provided in division | 7423 |
| (R) of section 2303.20 of the Revised Code. | 7424 |
| (B) The secretary of state shall maintain a record of the | 7425 |
| commissions of each notary public appointed and commissioned by | 7426 |
| the secretary of state under this chapter and make a proper index | 7427 |
| to that record. | 7428 |
| The governor's office shall transfer to the secretary of | 7429 |
|
state's office, on or after
| 7430 |
| June 6, 2001, the record of notaries public formerly kept by the | 7431 |
| governor's office under section 107.10 of the Revised Code. The | 7432 |
| secretary of state's office shall maintain that record together | 7433 |
| with the record and index of commissions of notaries public | 7434 |
| required by this division. | 7435 |
| (C) If a notary public legally changes the notary public's | 7436 |
| name or address after having been commissioned as a notary public, | 7437 |
| the notary public shall notify the secretary of state and the | 7438 |
| appropriate clerk of courts within thirty days after the name or | 7439 |
| address change. Notification to the secretary of state shall be on | 7440 |
| a form prescribed by the secretary of state. | 7441 |
| (D) A notary, other than an attorney, who resigns the | 7442 |
| person's commission shall deliver to the secretary of state, on a | 7443 |
| form prescribed by the secretary of state, a written notice | 7444 |
| indicating the effective date of resignation. | 7445 |
| Sec. 147.10. No notary public shall do or perform any act as | 7446 |
| a notary public
knowing that | 7447 |
| office has expired or that the notary public has resigned the | 7448 |
| notary public's commission. | 7449 |
| Sec. 147.11. A person appointed notary public who performs | 7450 |
| any act as such after the expiration of | 7451 |
| office or after the person resigns the person's commission, | 7452 |
| knowing that | 7453 |
| has resigned, shall forfeit not more than five hundred dollars, to | 7454 |
| be recovered by an action in the name of the state. Such act shall | 7455 |
| render | 7456 |
| Sec. 147.12. An official act done by a notary public after | 7457 |
| the expiration of
| 7458 |
| the notary public resigns the notary public's commission is as | 7459 |
| valid as if done
during | 7460 |
| Sec. 147.371. (A) Upon receipt of a fee of two dollars and an | 7461 |
| affidavit that the original commission of a notary public has been | 7462 |
| lost or destroyed, a duplicate commission as notary public shall | 7463 |
| be issued by the secretary of state. | 7464 |
| (B) Upon receipt of a fee of two dollars and the properly | 7465 |
| completed, prescribed form for a name and address change under | 7466 |
| division (C) of section 147.05 of the Revised Code, the secretary | 7467 |
| of state shall issue a duplicate commission as a notary public. | 7468 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 7469 |
| the Revised Code, the authority may authorize a lender to claim | 7470 |
| one of the tax credits allowed under section 5707.031, 5725.19, | 7471 |
| 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code. The | 7472 |
| credits shall be authorized by a written contract with the lender. | 7473 |
| The contract shall specify the terms under which the lender may | 7474 |
| claim the credit, including the amount of loss, if any, the lender | 7475 |
| must incur before the lender may claim the credit; specify that | 7476 |
| the credit shall not exceed the amount of the loss; and specify | 7477 |
| that the lender may claim the credit only for a loss certified by | 7478 |
| a program administrator to the authority under the procedures | 7479 |
| prescribed under division (B)(6) of section 150.05 of the Revised | 7480 |
| Code. | 7481 |
| (B) Tax credits may be authorized at any time after the | 7482 |
| authority establishes the investment policy under section 150.03 | 7483 |
| of the Revised Code, but a tax credit so authorized may not be | 7484 |
| claimed until the beginning of the fifth year after the authority | 7485 |
| establishes the investment policy. A tax credit may not be claimed | 7486 |
| after June 30, 2026. | 7487 |
| (C) Upon receiving certification of a lender's loss from a | 7488 |
| program administrator pursuant to the procedures in the investment | 7489 |
| policy, the authority shall issue a tax credit certificate to the | 7490 |
| lender, except as otherwise provided in division (D) of this | 7491 |
| section. The authority shall not issue a certificate until the | 7492 |
| lender, in the manner prescribed by the authority, elects to | 7493 |
| receive a refundable or nonrefundable tax credit. The election, | 7494 |
| once made, is irrevocable. The certificate shall state the amount | 7495 |
| of the credit, whether the credit is refundable or nonrefundable, | 7496 |
| and the calendar year, under section 5707.031, 5725.19, 5727.241, | 7497 |
| or 5729.08, the tax year, under section 5733.49, or the taxable | 7498 |
| year under section 5747.80 of the Revised Code, for which the | 7499 |
| credit may be claimed. The authority, in conjunction with the tax | 7500 |
| commissioner, shall develop a system for issuing tax credit | 7501 |
| certificates for the purpose of verifying that any credit claimed | 7502 |
| is a credit issued under this section and is properly taken in the | 7503 |
| year specified in the certificate and in compliance with division | 7504 |
| (B) of this section. | 7505 |
| (D) The authority shall not, in any fiscal year, issue tax | 7506 |
| credit certificates in a total amount exceeding twenty million | 7507 |
| dollars. | 7508 |
| Sec. 150.10. (A) On the first day of January of the second | 7509 |
| year after the date of entering into an agreement under section | 7510 |
| 150.05 of the Revised Code and of each ensuing year, the authority | 7511 |
| shall file with the clerk of the house of representatives, the | 7512 |
| clerk of the senate, and the chairpersons of the house and senate | 7513 |
| standing committees predominantly concerned with economic | 7514 |
| development a written report on the Ohio venture capital program. | 7515 |
| The report shall include all the following: | 7516 |
| (1) A description of the details of the investment policy | 7517 |
| established or modified in accordance with sections 150.03 and | 7518 |
| 150.04 of the Revised Code; | 7519 |
| (2) The authority's assessment of the program's achievement | 7520 |
| of its purpose stated in section 150.01 of the Revised Code; | 7521 |
| (3) The value of tax credit certificates issued by the | 7522 |
| authority under section 150.07 of the Revised Code in each fiscal | 7523 |
| year ending on or before the preceding thirtieth day of June; | 7524 |
| (4) The amount of tax credits claimed pursuant to section | 7525 |
| 5707.031, 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the | 7526 |
| Revised Code, as to the respective taxes involved; | 7527 |
| (5) The financial status of the Ohio venture capital fund; | 7528 |
| (6) The names of venture capital funds in which money from | 7529 |
| the program fund has been invested and the locations of their | 7530 |
| principal offices, and the names of the enterprises in which each | 7531 |
| of those venture capital funds has invested such money and the | 7532 |
| locations of those enterprises' principal offices; | 7533 |
| (7) Any recommendations for modifying the program to better | 7534 |
| achieve the purpose stated in section 150.01 of the Revised Code. | 7535 |
| (B) During each year that a report is issued under division | 7536 |
| (A) of this section, the chairperson of the authority, or another | 7537 |
| member of the authority designated by the chairperson as the | 7538 |
| authority's representative, shall be required to appear in person | 7539 |
| before the standing committees of the house and senate | 7540 |
| predominantly concerned with economic development to give | 7541 |
| testimony concerning the status of the Ohio venture capital | 7542 |
| program. | 7543 |
| Sec. 153.44. Before work is done or material furnished, | 7544 |
| 7545 | |
| contract that
| 7546 |
| 7547 | |
| prosecuting attorney of the county. If | 7548 |
| prosecuting attorney finds the contract to be in accordance with | 7549 |
| 7550 | |
| chapter, and | 7551 |
| effect is | 7552 |
| 7553 | |
| 7554 |
| Sec. 153.692. Upon the selection of a professional design | 7555 |
| firm pursuant to sections 153.65 to 153.71 of the Revised Code, | 7556 |
| the public authority shall submit the awarded contract for design | 7557 |
| services to its legal counsel. If the legal counsel determines | 7558 |
| that the contract was awarded in accordance with those sections, | 7559 |
| and the legal counsel's certificate to that effect is endorsed on | 7560 |
| the contract, the contract shall have full force and effect. | 7561 |
| Sec. 173.39. As used in sections 173.39 to 173.397 of the | 7562 |
| Revised Code, "community-based long-term care services" has the | 7563 |
| same meaning as in section 173.14 of the Revised Code. | 7564 |
| The department of aging may not pay a person or government | 7565 |
| entity for providing community-based long-term care services under | 7566 |
| a program the department administers unless the person or | 7567 |
| government entity is certified under section 173.391 of the | 7568 |
| Revised Code, contracts with the department or the department's | 7569 |
| designee to provide the services, and provides the services. | 7570 |
| Sec. 173.391. The department of aging or its designee shall | 7571 |
| do all of the following in accordance with Chapter 119. of the | 7572 |
| Revised Code: | 7573 |
| (A) Certify a person or government entity to provide | 7574 |
| community-based long-term care services under a program the | 7575 |
| department administers if the person or government entity | 7576 |
| satisfies the requirements for certification established by rules | 7577 |
| adopted under section 173.393 of the Revised Code and pays the | 7578 |
| certification fee established in those rules; | 7579 |
| (B) When required to do so by rules adopted under section | 7580 |
| 173.393 of the Revised Code, take one or more of the following | 7581 |
| disciplinary actions against a person or government entity issued | 7582 |
| a certificate under division (A) of this section: | 7583 |
| (1) Issue a written warning; | 7584 |
| (2) Require the submission of a plan of correction; | 7585 |
| (3) Suspend referrals; | 7586 |
| (4) Remove clients; | 7587 |
| (5) Impose a fiscal sanction such as a civil monetary penalty | 7588 |
| or an order that unearned funds be repaid; | 7589 |
| (6) Revoke the certificate; | 7590 |
| (7) Impose another sanction. | 7591 |
| (C) Hold hearings when there is a dispute between the | 7592 |
| department or its designee and a person or government entity | 7593 |
| concerning actions the department or its designee takes or does | 7594 |
| not take under division (A) or (B) of this section. | 7595 |
| Sec. 173.392. There is hereby created in the state treasury | 7596 |
| the community-based long-term care provider certification fund. | 7597 |
| All fees collected under section 173.391 of the Revised Code shall | 7598 |
| be deposited into the fund. The department of aging shall use the | 7599 |
| money in the fund to implement sections 173.39 to 173.397 of the | 7600 |
| Revised Code. | 7601 |
| Sec. 173.393. The director of aging shall adopt rules under | 7602 |
| Chapter 119. of the Revised Code concerning all of the following: | 7603 |
| (A) Requirements a person or government entity must satisfy | 7604 |
| to obtain a certificate under section 173.391 of the Revised Code; | 7605 |
| (B) The fee for obtaining the certificate; | 7606 |
| (C) Procedures for ensuring that PASSPORT agencies, as | 7607 |
| defined in section 173.41 of the Revised Code, comply with that | 7608 |
| section; | 7609 |
| (D) Procedures for evaluating the services provided by | 7610 |
| persons and government entities seeking or holding the certificate | 7611 |
| to ensure that the services are provided in a quality manner | 7612 |
| advantageous to the individual receiving the services; | 7613 |
| (E) Procedures for determining when to take disciplinary | 7614 |
| action under division (B) of section 173.391 of the Revised Code | 7615 |
| and which disciplinary action to take; | 7616 |
| (F) Contracts between the department of aging, or the | 7617 |
| department's designee, and persons and government entities | 7618 |
| regarding community-based long-term care services provided under a | 7619 |
| program the department administers; | 7620 |
| (G) The department's payment for community-based long-term | 7621 |
| care services provided under a contract described in division (F) | 7622 |
| of this section. | 7623 |
| Sec. 173.394. The rules adopted under division (B) of | 7624 |
| section 173.393 of the Revised Code shall provide for the fee to | 7625 |
| be an amount that enables the department of aging to collect | 7626 |
| enough revenue to cover all of the department's costs of | 7627 |
| implementing sections 173.39 to 173.397 of the Revised Code. | 7628 |
| Sec. 173.395. The procedures established in rules adopted | 7629 |
| under division (D) of section 173.393 of the Revised Code shall | 7630 |
| require that all of the following be considered as part of an | 7631 |
| evaluation: | 7632 |
| (A) The service provider's experience and financial | 7633 |
| responsibility; | 7634 |
| (B) The service provider's ability to comply with standards | 7635 |
| for the community-based long-term care services that the provider | 7636 |
| provides under a program the department of aging administers; | 7637 |
| (C) The service provider's ability to meet the needs of the | 7638 |
| individuals served; | 7639 |
| (D) Any other factor the director of aging considers | 7640 |
| relevant. | 7641 |
| Sec. 173.396. The rules adopted under division (E) of section | 7642 |
| 173.393 of the Revised Code shall specify that the reasons | 7643 |
| disciplinary action may be taken under division (B) of section | 7644 |
| 173.391 of the Revised Code include good cause, including | 7645 |
| misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, | 7646 |
| financial irresponsibility, or other conduct the director of aging | 7647 |
| determines is injurious to the health or safety of individuals | 7648 |
| being served. | 7649 |
| Sec. 173.397. The records of an evaluation conducted in | 7650 |
| accordance with rules adopted under division (D) of section | 7651 |
| 173.393 of the Revised Code are public records for purposes of | 7652 |
| section 149.43 of the Revised Code and shall be made available on | 7653 |
| request of any person, including individuals receiving or seeking | 7654 |
| community-based long-term care services under a program the | 7655 |
| department of aging administers. | 7656 |
| Sec. 173.40. There is hereby created a medicaid waiver | 7657 |
|
component | 7658 |
| as defined in section 5111.85 of the Revised Code, to be known as | 7659 |
| the preadmission screening system providing options and resources | 7660 |
| today program, or PASSPORT. The PASSPORT program shall provide | 7661 |
| home and community-based services as an alternative to nursing | 7662 |
| facility placement for aged and disabled medicaid recipients. The | 7663 |
| program shall be operated pursuant to a home and community-based | 7664 |
| waiver granted by the United States secretary of health and human | 7665 |
| services under section 1915 of the "Social Security Act," 49 Stat. | 7666 |
| 620 (1935), 42 U.S.C. 1396n, as amended. The department of aging | 7667 |
| shall administer the program through a contract entered into with | 7668 |
| the department of job and family services under section 5111.91 of | 7669 |
| the Revised
Code. The
| 7670 |
| family services shall adopt rules under section 5111.85 of the | 7671 |
| Revised Code and the director of aging shall adopt rules in | 7672 |
| accordance with Chapter 119. of the Revised Code to implement the | 7673 |
| program. | 7674 |
| | 7675 |
| 7676 | |
| this section: | 7677 |
| (1)
" | 7678 |
| 7679 | |
| 7680 | |
| 7681 | |
| 7682 | |
| 7683 | |
| private nonprofit entity designated under section 173.011 of the | 7684 |
| Revised Code to administer programs on behalf of the department of | 7685 |
| aging. | 7686 |
| (2) "Medicaid" means the medical assistance program | 7687 |
| established under Chapter 5111. of the Revised Code. | 7688 |
| (3) "Nursing facility" has the same meaning as in section | 7689 |
| 5111.20 of the Revised Code. | 7690 |
| (4) "Representative" means a person acting on behalf of an | 7691 |
| 7692 | |
| services, applying for admission to a nursing facility, or | 7693 |
| residing in a nursing facility. A representative may be a family | 7694 |
| member, attorney, hospital social worker, or any other person | 7695 |
| chosen to act on behalf of | 7696 |
| | 7697 |
| 7698 |
| (B) | 7699 |
| 7700 | |
| 7701 | |
| 7702 | |
| 7703 | |
| 7704 | |
| 7705 | |
| 7706 |
| | 7707 |
| 7708 | |
| 7709 | |
| 7710 | |
| 7711 | |
| 7712 | |
| 7713 | |
| 7714 | |
| 7715 | |
| 7716 | |
| 7717 | |
| 7718 | |
| 7719 | |
| 7720 |
| (1) The department of aging shall develop a long-term care | 7721 |
| consultation program whereby individuals or their representatives | 7722 |
| are provided with information through professional consultations | 7723 |
| about options available to meet long-term care needs and about | 7724 |
| factors to consider in making long-term care decisions. Except as | 7725 |
| provided in division (B)(2) of this section, the program shall be | 7726 |
| administered by the department. | 7727 |
| (2) The department may enter into a contract with an area | 7728 |
| agency on aging or other entity selected by the department under | 7729 |
| which the long-term care consultation program for a particular | 7730 |
| area is administered by the area agency on aging or other entity | 7731 |
| pursuant to the contract. | 7732 |
| (C) The long-term care consultations performed for purposes | 7733 |
| of this section shall be performed | 7734 |
| certified by the department under section | 7735 |
| Revised Code. | 7736 |
| 7737 | |
| 7738 | |
| 7739 | |
| 7740 | |
| 7741 | |
| 7742 | |
| 7743 | |
| 7744 | |
| 7745 | |
| 7746 | |
| 7747 | |
| 7748 | |
| 7749 |
| | 7750 |
| care consultation shall be appropriate to the individual's needs | 7751 |
| and situation and shall address all of the following: | 7752 |
| (1) The availability of any long-term care options open to | 7753 |
| the individual; | 7754 |
| (2) Sources and methods of both public and private payment | 7755 |
| for long-term care services; | 7756 |
| (3) Factors to consider when choosing among the available | 7757 |
| programs, services, and benefits; | 7758 |
| (4) Opportunities and methods for maximizing independence and | 7759 |
| self-reliance, including support services provided by the | 7760 |
| individual's family, friends, and community. | 7761 |
| (E) An individual's long-term care consultation may include | 7762 |
| an assessment of the individual's functional capabilities. The | 7763 |
| consultation may incorporate portions of the determinations | 7764 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 7765 |
| Revised Code and may be performed concurrently with the assessment | 7766 |
| required under section 5111.204 of the Revised Code. | 7767 |
| (F)(1) Unless an individual is exempt pursuant to division | 7768 |
| (H) of this section from receiving a long-term care consultation, | 7769 |
| a long-term care consultation shall be performed for both of the | 7770 |
| following: | 7771 |
| (a) Each individual who applies or indicates an intention to | 7772 |
| apply for admission to a nursing facility, regardless of the | 7773 |
| source of payment to be used for the individual's care in the | 7774 |
| nursing facility; | 7775 |
| (b) Each resident of a nursing facility who applies or | 7776 |
| indicates an intention to apply for medicaid. | 7777 |
| (2) Long-term care consultations may be performed for nursing | 7778 |
| facility residents who have not applied and have not indicated an | 7779 |
| intention to apply for medicaid. The purpose of consultations for | 7780 |
| these individuals shall be to determine continued need for nursing | 7781 |
| facility services, to provide information on alternative services, | 7782 |
| and to make referrals to alternative services. | 7783 |
| (G)(1) When a long-term care consultation is required to be | 7784 |
| performed pursuant to division (F)(1) of this section, the | 7785 |
| consultation shall be performed as follows or pursuant to division | 7786 |
| (G)(2) or (3) of this section: | 7787 |
| (a) If the individual for whom the consultation is being | 7788 |
| performed has applied for medicaid and the consultation is being | 7789 |
| performed concurrently with the assessment required under section | 7790 |
| 5111.204 of the Revised Code, the consultation shall be completed | 7791 |
| in accordance with the applicable time frames specified in that | 7792 |
| section for providing a level of care determination based on the | 7793 |
| assessment. | 7794 |
| (b) In all other cases, the consultation shall be performed | 7795 |
| not later than five calendar days after the department or the | 7796 |
| program administrator under contract with the department receives | 7797 |
| notice of the reason for which the consultation is required to be | 7798 |
| performed pursuant to division (F)(1) of this section. | 7799 |
| (2) An individual or the individual's representative may | 7800 |
| request that a long-term care consultation be performed on a date | 7801 |
| that is later than the date required under division (G)(1)(a) or | 7802 |
| (b) of this section. | 7803 |
| (3) If a long-term care consultation cannot be completed | 7804 |
| within the number of days required by division (G)(1) or (2) of | 7805 |
| this section, the department or the program administrator under | 7806 |
| contract with the department may do any of the following: | 7807 |
| (a) Exempt the individual from the consultation pursuant to | 7808 |
| rules that may be adopted under division (K) of this section; | 7809 |
| (b) In the case of an applicant for admission to a nursing | 7810 |
| facility, perform the consultation after the individual is | 7811 |
| admitted to the nursing facility; | 7812 |
| (c) In the case of a resident of a nursing facility, perform | 7813 |
| the consultation as soon as practicable. | 7814 |
| (H) An individual is not required to be | 7815 |
| long-term care consultation under | 7816 |
| any of the following apply: | 7817 |
| (1) The | 7818 |
| representative chooses to forego participation in the consultation | 7819 |
| pursuant to criteria specified | 7820 |
| 7821 |
| (2) The | 7822 |
| facility under a contract for continuing care as defined in | 7823 |
| section 173.13
of the
Revised Code | 7824 |
| (3) The | 7825 |
| admission to a nursing facility operated as part of a system of | 7826 |
| continuing care in conjunction with one or more facilities that | 7827 |
| provide a less intensive level of services, including a | 7828 |
| residential care facility licensed under Chapter 3721. of the | 7829 |
| Revised Code, an | 7830 |
| Chapter 3722. of the Revised Code, or an independent living | 7831 |
| arrangement; | 7832 |
| (4) The | 7833 |
| home for the aged exempt from taxation under section 5701.13 of | 7834 |
| the Revised Code; | 7835 |
| (5) The | 7836 |
| 7837 | |
| 7838 | |
| 7839 | |
| 7840 | |
| admission to a facility that is not a nursing facility with a | 7841 |
| provider agreement under section 5111.22 of the Revised Code; | 7842 |
| (6) The | 7843 |
| nursing
facility | 7844 |
| 7845 | |
| 7846 | |
| 7847 | |
| 7848 | |
| 7849 |
| (7) The | 7850 |
| facility
following
a period of hospitalization | 7851 |
| 7852 | |
| 7853 | |
| 7854 | |
| 7855 |
| (8) The | 7856 |
| 7857 | |
| 7858 | |
| 7859 | |
| the long-term care consultation requirement by the department or | 7860 |
| the program administrator pursuant to rules that may be adopted | 7861 |
| under division (K) of this section. | 7862 |
| | 7863 |
| 7864 | |
| 7865 | |
| 7866 |
| | 7867 |
| 7868 | |
| 7869 | |
| 7870 |
| | 7871 |
| 7872 | |
| 7873 | |
| 7874 | |
| 7875 |
| | 7876 |
| 7877 | |
| 7878 | |
| 7879 |
| | 7880 |
| 7881 | |
| 7882 | |
| 7883 | |
| 7884 | |
| 7885 |
| | 7886 |
| 7887 | |
| 7888 | |
| 7889 | |
| 7890 |
| | 7891 |
| long-term care consultation, the department or the program | 7892 |
| administrator under contract with the department shall provide the | 7893 |
| individual or individual's representative with a written summary | 7894 |
| of options and resources available to meet the individual's needs. | 7895 |
| Even though the summary may specify that a source of long-term | 7896 |
| care other than care in a nursing facility is appropriate and | 7897 |
| available, the individual is not required to seek an alternative | 7898 |
| source of long-term care and may be admitted to or continue to | 7899 |
| reside in
a nursing facility | 7900 |
| 7901 | |
| 7902 | |
| 7903 |
| | 7904 |
| provider agreement | 7905 |
| the Revised Code shall
admit
or retain any | 7906 |
| 7907 | |
| 7908 | |
| nursing facility has received
evidence that a | 7909 |
| 7910 | |
| individual or division (H) of this section is applicable to the | 7911 |
| individual. | 7912 |
| | 7913 |
| may adopt
any rules | 7914 |
| 7915 | |
| for the implementation and administration of this section. The | 7916 |
| rules shall | 7917 |
| the Revised Code and may specify all of the following: | 7918 |
| (1) | 7919 |
| 7920 | |
| 7921 |
| | 7922 |
| 7923 |
| | 7924 |
| 7925 | |
| 7926 |
| | 7927 |
| 7928 |
| | 7929 |
| 7930 | |
| 7931 |
| | 7932 |
| 7933 | |
| 7934 |
| | 7935 |
| 7936 | |
| 7937 |
| | 7938 |
| 7939 |
| | 7940 |
| 7941 | |
| Procedures for performing long-term care consultations pursuant to | 7942 |
| this section; | 7943 |
| (2) Information to be provided through long-term care | 7944 |
| consultations regarding long-term care services that are | 7945 |
| available; | 7946 |
| (3) Criteria for identifying nursing facility residents who | 7947 |
| would benefit from long-term care consultations; | 7948 |
| (4) Criteria under which an individual or the individual's | 7949 |
| representative may chose to forego participation in a long-term | 7950 |
| care consultation; | 7951 |
| (5) Criteria for exempting individuals from the long-term | 7952 |
| care consultation requirement. | 7953 |
| | 7954 |
| a nursing facility an amount determined by rules the director | 7955 |
| shall
adopt
in accordance with Chapter 119. of the Revised Code | 7956 |
| 7957 |
| | 7958 |
| 7959 | |
| 7960 |
| | 7961 |
| individual, without evidence that a
| 7962 |
| long-term care consultation has been | 7963 |
| 7964 | |
| 7965 |
| | 7966 |
| of the Revised Code, all fines collected under this division shall | 7967 |
| be deposited into the state treasury to the credit of the | 7968 |
| residents protection fund | 7969 |
| 7970 |
| | 7971 |
| 7972 | |
| 7973 | |
| 7974 | |
| 7975 | |
| established by rule to
perform
| 7976 |
| consultations for purposes of section | 7977 |
| of the Revised Code.
The director of | 7978 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 7979 |
| Code governing the certification process and requirements. The | 7980 |
| rules shall specify the education, experience, or training in | 7981 |
| 7982 | |
| certification. | 7983 |
| Sec. 173.44. (A) As used in this section, "nursing home" and | 7984 |
| "residential care facility" have the same meanings as in section | 7985 |
| 3721.01 of the Revised Code. | 7986 |
| (B) The department of aging may conduct an annual survey of | 7987 |
| nursing homes and residential care facilities. The survey shall | 7988 |
| include questions about capacity, occupancy, and private pay | 7989 |
| charges. The department may contract with an outside entity to | 7990 |
| conduct the survey and analyze the results. The results of the | 7991 |
| survey and any analysis completed by the department or its | 7992 |
| designee shall be made available to the general assembly, other | 7993 |
| state agencies, nursing home and residential care facility | 7994 |
| providers, and the general public. | 7995 |
| (C) No nursing home or residential care facility shall | 7996 |
| recklessly fail to complete the survey. | 7997 |
| Sec. 173.45. As used in this section and in sections 173.46 | 7998 |
| to 173.49 of the Revised Code: | 7999 |
| (A) "Long-term care facility" means any of the following: | 8000 |
| (1) A nursing home; | 8001 |
| (2) A residential care facility; | 8002 |
| (3) A county home or district home that has never been | 8003 |
| licensed as a residential care facility under Chapter 3721. of the | 8004 |
| Revised Code. | 8005 |
| (B) "County home," "district home," "nursing home," and | 8006 |
| "residential care facility" have the same meanings as in section | 8007 |
| 3721.01 of the Revised Code. | 8008 |
| (C) "Nursing facility" has the same meaning as in section | 8009 |
| 5111.20 of the Revised Code. | 8010 |
| Sec. 173.46. (A) The department of aging shall develop and | 8011 |
| publish a guide to long-term care facilities for use by | 8012 |
| individuals considering long-term care facility admission and | 8013 |
| their families, friends, and advisors. The guide, which shall be | 8014 |
| titled the Ohio long-term care consumer guide, may be published in | 8015 |
| printed form or in electronic form for distribution over the | 8016 |
| internet. The guide may be developed as a continuation or | 8017 |
| modification of the guide published by the department prior to the | 8018 |
| effective date of this section under rules adopted under section | 8019 |
| 173.02 of the Revised Code. | 8020 |
| (B) The Ohio long-term care consumer guide shall include | 8021 |
| information on each long-term care facility in this state. For | 8022 |
| each facility, the guide shall include the following information, | 8023 |
| as applicable to the facility: | 8024 |
| (1) Information regarding the facility's compliance with | 8025 |
| state statutes and rules and federal statutes and regulations; | 8026 |
| (2) Information generated by the centers for medicare and | 8027 |
| medicaid services of the United States department of health and | 8028 |
| human services from the quality measures developed as part of its | 8029 |
| nursing home quality initiative; | 8030 |
| (3) Results of the customer satisfaction surveys conducted | 8031 |
| under section 173.47 of the Revised Code; | 8032 |
| (4) Any other information the department specifies in rules | 8033 |
| adopted under section 173.49 of the Revised Code. | 8034 |
| Sec. 173.47. (A) For purposes of publishing the Ohio | 8035 |
| long-term care consumer guide, the department of aging shall | 8036 |
| conduct or provide for the conduct of an annual customer | 8037 |
| satisfaction survey of each long-term care facility. The results | 8038 |
| of the surveys may include information obtained from long-term | 8039 |
| care facility residents, their families, or both. | 8040 |
| (B)(1) The department may charge fees for the conduct of | 8041 |
| annual customer satisfaction surveys. The department may contract | 8042 |
| with any person or government entity to collect the fees on its | 8043 |
| behalf. All fees collected under this section shall be deposited | 8044 |
| in accordance with section 173.48 of the Revised Code. | 8045 |
| (2) The fees charged under this section shall not exceed the | 8046 |
| following amounts: | 8047 |
| (a) Four hundred dollars for the customer satisfaction survey | 8048 |
| of a long-term care facility that is a nursing home or county home | 8049 |
| or district home operated in the same manner as a nursing home; | 8050 |
| (b) Three hundred dollars for the customer satisfaction | 8051 |
| survey pertaining to a long-term care facility that is a | 8052 |
| residential care facility or county home or district home not | 8053 |
| licensed as a residential care facility but operated in the same | 8054 |
| manner as a residential care facility. | 8055 |
| (3) Fees paid by a long-term care facility that is a nursing | 8056 |
| facility shall be reimbursed through the medicaid program operated | 8057 |
| under Chapter 5111. of the Revised Code. | 8058 |
| Sec. 173.48. There is hereby created in the state treasury | 8059 |
| the long-term care consumer guide fund. Money collected from the | 8060 |
| fees charged for the conduct of customer satisfaction surveys | 8061 |
| under section 173.47 of the Revised Code shall be credited to the | 8062 |
| fund. The department of aging shall use money in the fund for | 8063 |
| costs associated with publishing the Ohio long-term care consumer | 8064 |
| guide, including costs incurred in conducting or providing for the | 8065 |
| conduct of customer satisfaction surveys. | 8066 |
| Sec. 173.49. The department of aging shall adopt rules as the | 8067 |
| department considers necessary to implement and administer | 8068 |
| sections 173.45 to 173.48 of the Revised Code. The rules shall be | 8069 |
| adopted under Chapter 119. of the Revised Code. | 8070 |
| Sec. 173.50. Pursuant to a contract entered into with the | 8071 |
| department of job and family services as an interagency agreement | 8072 |
| under section 5111.91 of the Revised Code, the department of aging | 8073 |
| shall carry out the day-to-day administration of the component of | 8074 |
| the medicaid program established under Chapter 5111. of the | 8075 |
| Revised Code known as the program of all-inclusive care for the | 8076 |
| elderly or PACE. The department shall carry out its PACE | 8077 |
| administrative duties in accordance with the provisions of the | 8078 |
| interagency agreement and all applicable federal laws, including | 8079 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 8080 |
| as amended. | 8081 |
| Sec. 183.28. The education technology trust fund is hereby | 8082 |
| created in the state treasury. Money credited to the fund shall be | 8083 |
| used to pay costs of the agency designated by the governor to | 8084 |
| assume the functions of the Ohio SchoolNet
commission | 8085 |
| 8086 | |
| the fund shall be credited to the fund. | 8087 |
| Sec. 307.88. (A) Bids submitted pursuant to sections 307.86 | 8088 |
| to 307.92 of the Revised Code shall be in a form prescribed by the | 8089 |
| contracting authority and filed in a sealed envelope at the time | 8090 |
| and place mentioned in the | 8091 |
| shall be opened and tabulated at the time stated in the notice. | 8092 |
| Each bid shall contain the full name of each person submitting the | 8093 |
| bid. | 8094 |
| 8095 | |
| for a contract for the construction, demolition, alteration, | 8096 |
| repair, or reconstruction of an improvement, it shall meet the | 8097 |
| requirements of section 153.54 of the Revised Code. If the bid is | 8098 |
| in excess of | 8099 |
| contract authorized by sections 307.86 to 307.92 of the Revised | 8100 |
| Code, it shall be accompanied by a bond or certified check, | 8101 |
| cashier's check, or money order on a solvent bank or savings and | 8102 |
| loan association in a reasonable amount stated in the | 8103 |
| 8104 | |
| conditioned that | 8105 |
| accepted, shall execute a contract in conformity to the invitation | 8106 |
| and | 8107 |
| (B) The board of county commissioners | 8108 |
| vote of the entire board, may permit a contracting authority to | 8109 |
| exempt a bid from any or all of the requirements of section 153.54 | 8110 |
| of the Revised Code if the estimated cost is | 8111 |
| thousand dollars or less. If the board exempts a bid from any but | 8112 |
| not all of | 8113 |
| the newspaper pursuant to section 307.87 of the Revised Code shall | 8114 |
| state the specific bid guaranty requirements that apply. If the | 8115 |
| board exempts a bid from all requirements of section 153.54 of the | 8116 |
| Revised Code, the notice shall state that none of the requirements | 8117 |
| of that section apply. | 8118 |
| Sec. 317.08. (A) Except as provided in divisions (C) and (D) | 8119 |
| of this section, the county recorder shall keep six separate sets | 8120 |
| of records as follows: | 8121 |
| (1) A record of deeds, in which shall be recorded all deeds | 8122 |
| and other instruments of writing for the absolute and | 8123 |
| unconditional sale or conveyance of lands, tenements, and | 8124 |
| hereditaments; all notices as provided in sections 5301.47 to | 8125 |
| 5301.56 of the Revised Code; all judgments or decrees in actions | 8126 |
| brought under section 5303.01 of the Revised Code; all | 8127 |
| declarations and bylaws, and all amendments to declarations and | 8128 |
| bylaws, as provided in Chapter 5311. of the Revised Code; | 8129 |
| affidavits as provided in section 5301.252 of the Revised Code; | 8130 |
| all certificates as provided in section 5311.17 of the Revised | 8131 |
| Code; all articles dedicating archaeological preserves accepted by | 8132 |
| the director of the Ohio historical society under section 149.52 | 8133 |
| of the Revised Code; all articles dedicating nature preserves | 8134 |
| accepted by the director of natural resources under section | 8135 |
| 1517.05 of the Revised Code; all agreements for the registration | 8136 |
| of lands as archaeological or historic landmarks under section | 8137 |
| 149.51 or 149.55 of the Revised Code; all conveyances of | 8138 |
| conservation easements and agricultural easements under section | 8139 |
| 5301.68 of the Revised Code; all instruments extinguishing | 8140 |
| agricultural easements under section 901.21 or 5301.691 of the | 8141 |
| Revised Code or pursuant to terms of such an easement granted to a | 8142 |
| charitable organization under section 5301.68 of the Revised Code; | 8143 |
| all instruments or orders described in division (B)(1)(c)(ii) of | 8144 |
| section 5301.56 of the Revised Code; all no further action letters | 8145 |
| issued under section 122.654 or 3746.11 of the Revised Code; all | 8146 |
| covenants not to sue issued under section 3746.12 of the Revised | 8147 |
| Code, including all covenants not to sue issued pursuant to | 8148 |
| section 122.654 of the Revised Code; any restrictions on the use | 8149 |
| of property contained in a no further action letter issued under | 8150 |
| section 122.654 of the Revised Code, any restrictions on the use | 8151 |
| of property identified pursuant to division (C)(3)(a) of section | 8152 |
| 3746.10 of the Revised Code, and any restrictions on the use of | 8153 |
| property contained in a deed or other instrument as provided in | 8154 |
| division (E) or (F) of section 3737.882 of the Revised Code; any | 8155 |
| easement executed or granted under section 3734.22, 3734.24, | 8156 |
| 3734.25, or 3734.26 of the Revised Code; any environmental | 8157 |
| covenant entered into in accordance with sections 5301.80 to | 8158 |
| 5301.92 of the Revised Code; all memoranda of trust, as described | 8159 |
| in division (A) of section 5301.255 of the Revised Code, that | 8160 |
| describe specific real property; and all agreements entered into | 8161 |
| under division (A) of section 1521.26 of the Revised Code; | 8162 |
| (2) A record of mortgages, in which shall be recorded all of | 8163 |
| the following: | 8164 |
| (a) All mortgages, including amendments, supplements, | 8165 |
| modifications, and extensions of mortgages, or other instruments | 8166 |
| of writing by which lands, tenements, or hereditaments are or may | 8167 |
| be mortgaged or otherwise conditionally sold, conveyed, affected, | 8168 |
| or encumbered; | 8169 |
| (b) All executory installment contracts for the sale of land | 8170 |
| executed after September 29, 1961, that by their terms are not | 8171 |
| required to be fully performed by one or more of the parties to | 8172 |
| them within one year of the date of the contracts; | 8173 |
| (c) All options to purchase real estate, including | 8174 |
| supplements, modifications, and amendments of the options, but no | 8175 |
| option of that nature shall be recorded if it does not state a | 8176 |
| specific day and year of expiration of its validity; | 8177 |
| (d) Any tax certificate sold under section 5721.33 of the | 8178 |
| Revised Code, or memorandum of it, that is presented for filing of | 8179 |
| record. | 8180 |
| (3) A record of powers of attorney, including all memoranda | 8181 |
| of trust, as described in division (A) of section 5301.255 of the | 8182 |
| Revised Code, that do not describe specific real property; | 8183 |
| (4) A record of plats, in which shall be recorded all plats | 8184 |
| and maps of town lots, of the subdivision of town lots, and of | 8185 |
| other divisions or surveys of lands, any center line survey of a | 8186 |
| highway located within the county, the plat of which shall be | 8187 |
| furnished by the director of transportation or county engineer, | 8188 |
| and all drawings and amendments to drawings, as provided in | 8189 |
| Chapter 5311. of the Revised Code; | 8190 |
| (5) A record of leases, in which shall be recorded all | 8191 |
| leases, memoranda of leases, and supplements, modifications, and | 8192 |
| amendments of leases and memoranda of leases; | 8193 |
| (6) A record of declarations executed pursuant to section | 8194 |
| 2133.02 of the Revised Code and durable powers of attorney for | 8195 |
| health care executed pursuant to section 1337.12 of the Revised | 8196 |
| Code. | 8197 |
| (B) All instruments or memoranda of instruments entitled to | 8198 |
| record shall be recorded in the proper record in the order in | 8199 |
| which they are presented for record. The recorder may index, keep, | 8200 |
| and record in one volume unemployment compensation liens, internal | 8201 |
| revenue tax liens and other liens in favor of the United States as | 8202 |
| described in division (A) of section 317.09 of the Revised Code, | 8203 |
| personal tax liens, mechanic's liens, agricultural product liens, | 8204 |
| notices of liens, certificates of satisfaction or partial release | 8205 |
| of estate tax liens, discharges of recognizances, excise and | 8206 |
| franchise tax liens on corporations, broker's liens, and liens | 8207 |
|
provided for in sections 1513.33, 1513.37, 3752.13,
| 8208 |
| 5111.022, and 5311.18 of the Revised Code. | 8209 |
| The recording of an option to purchase real estate, including | 8210 |
| any supplement, modification, and amendment of the option, under | 8211 |
| this section shall serve as notice to any purchaser of an interest | 8212 |
| in the real estate covered by the option only during the period of | 8213 |
| the validity of the option as stated in the option. | 8214 |
| (C) In lieu of keeping the six separate sets of records | 8215 |
| required in divisions (A)(1) to (6) of this section and the | 8216 |
| records required in division (D) of this section, a county | 8217 |
| recorder may record all the instruments required to be recorded by | 8218 |
| this section in two separate sets of record books. One set shall | 8219 |
| be called the "official records" and shall contain the instruments | 8220 |
| listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this | 8221 |
| section. The second set of records shall contain the instruments | 8222 |
| listed in division (A)(4) of this section. | 8223 |
| (D) Except as provided in division (C) of this section, the | 8224 |
| county recorder shall keep a separate set of records containing | 8225 |
| all corrupt activity lien notices filed with the recorder pursuant | 8226 |
| to section 2923.36 of the Revised Code and a separate set of | 8227 |
| records containing all medicaid fraud lien notices filed with the | 8228 |
| recorder pursuant to section 2933.75 of the Revised Code. | 8229 |
| Sec. 317.36. (A) The county recorder shall collect the low- | 8230 |
| and moderate-income housing trust fund fee as specified in | 8231 |
| sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, | 8232 |
| 8233 | |
| 6101.09, and 6115.09 of the Revised Code. The amount of any | 8234 |
| housing trust fund fee the recorder is authorized to collect is | 8235 |
| equal to the amount of any base fee the recorder is authorized to | 8236 |
| collect for services. The housing trust fund fee shall be | 8237 |
| collected in addition to the base fee. | 8238 |
| (B) The recorder shall certify the amounts collected as | 8239 |
| housing trust fund fees pursuant to division (A) of this section | 8240 |
| into the county treasury as housing trust fund fees to be paid to | 8241 |
| the treasurer of state pursuant to section 319.63 of the Revised | 8242 |
| Code. | 8243 |
| Sec. 319.20. After complying with sections 319.202, 315.251, | 8244 |
| and 319.203 of the Revised Code, and on application and | 8245 |
| presentation of title, with the affidavits required by law, or the | 8246 |
| proper order of a court, bearing the last known address of the | 8247 |
| grantee, or of any one of the grantees named in the title, and a | 8248 |
| reference to the volume and page of the recording of the next | 8249 |
| preceding recorded instrument by or through which the grantor | 8250 |
| claims title, the county auditor shall transfer any land or town | 8251 |
| lot or part thereof, minerals therein, or mineral rights thereto, | 8252 |
| charged with taxes on the tax list, from the name in which it | 8253 |
| stands into the name of the owner, when rendered necessary by a | 8254 |
| conveyance, partition, devise, descent, or otherwise. If by reason | 8255 |
| of the conveyance or otherwise, a part only of a tract or lot, | 8256 |
| minerals therein, or mineral rights thereto, as charged in the tax | 8257 |
| list, is to be transferred, the auditor shall determine the tax | 8258 |
| value of the part of a tract or lot of real estate, minerals | 8259 |
| therein, or mineral rights thereto, so transferred, and the value | 8260 |
| of the remaining part compared with the value of the whole. | 8261 |
| Whenever a part only of a tract or lot of real estate has | 8262 |
|
been transferred by the auditor and | 8263 |
| unpaid taxes, penalties, interest, or special assessments, the | 8264 |
| unpaid taxes, penalties, interest, or special assessments shall | 8265 |
| immediately be apportioned, upon demand or request by the | 8266 |
| transferee or remaining owner, in the following manner: | 8267 |
| (A) The auditor shall allocate to the part so transferred, | 8268 |
| and to the remaining part, amounts of any current or delinquent | 8269 |
| taxes, interest, or penalties that have accrued against the parcel | 8270 |
| as a whole, proportionate to their respective values. | 8271 |
| (B) The lien of taxes, penalties, interest, and special | 8272 |
| assessments, as levied against the original tract, shall extend to | 8273 |
| the part so transferred and the part remaining only to the extent | 8274 |
| of the amounts so allocated to the respective parts. | 8275 |
| This section does not change the total amount of taxes, | 8276 |
| special assessments, or other charges as originally levied, or the | 8277 |
| total amount of the balance due. The auditor shall certify such | 8278 |
| apportionments to the county treasurer. | 8279 |
| Whenever the state acquires an entire parcel or a part only | 8280 |
| of a parcel of real property in fee simple, the county auditor, | 8281 |
| upon application of the grantor or property owner or the state, | 8282 |
| which application shall contain a description of the property as | 8283 |
| it appears on the tax list and the date of transfer of ownership, | 8284 |
|
shall prepare an estimate of the taxes that are a lien on | 8285 |
| property, but have not been determined, assessed, and levied for | 8286 |
| the year in which the property was acquired. The county auditor | 8287 |
|
shall thereupon apportion | 8288 |
| between the grantor and the state for the period of the lien year | 8289 |
| that each had or shall have had ownership or possession of the | 8290 |
| property, whichever is earlier. The county treasurer shall accept | 8291 |
| payment from the state for estimated taxes at the time that the | 8292 |
| real property is acquired. If the state has paid in full in the | 8293 |
| year in which the property is acquired that proportion of the | 8294 |
| estimated taxes that the tax commissioner determines are not | 8295 |
| subject to remission by the county auditor for such year under | 8296 |
| division (C) of section 5713.08 of the Revised Code, the estimated | 8297 |
| taxes paid shall be considered the tax liability on the exempted | 8298 |
| property for that year. | 8299 |
| Section 319.42 of the Revised Code applies to the | 8300 |
| apportionment of special assessments. | 8301 |
| Complaint against such values as determined by the auditor or | 8302 |
| the allocation of assessments by the certifying authority may be | 8303 |
| filed by the transferee or the remaining owner, and if filed, | 8304 |
| proceedings including appeals shall be had in the manner and | 8305 |
| within the time provided by sections 5717.01 to 5717.06 and | 8306 |
| 5715.19 to 5715.22 of the Revised Code, for complaints against | 8307 |
| valuation or assessment of real property. | 8308 |
| The auditor shall endorse on the deed or other evidences of | 8309 |
| title presented to the auditor that the proper transfer of the | 8310 |
| real
estate described in | 8311 |
| auditor's office or that it is not entered for taxation, and sign | 8312 |
| the auditor's name to | 8313 |
| or any one of the grantees, set forth in the deed or other | 8314 |
| evidences of title shall be entered by the auditor on the transfer | 8315 |
| sheets and on the general tax list of real property prepared | 8316 |
| pursuant to section 319.28 of the Revised Code. | 8317 |
| Sec. 319.301. (A) This section does not apply to any of the | 8318 |
| following: | 8319 |
| (1) Taxes levied at whatever rate is required to produce a | 8320 |
| specified amount of tax money or an amount to pay debt charges; | 8321 |
| (2) Taxes levied within the one per cent limitation imposed | 8322 |
| by Section 2 of Article XII, Ohio Constitution,except as | 8323 |
| otherwise provided in division (F) of this section; | 8324 |
| (3) Taxes provided for by the charter of a municipal | 8325 |
| corporation. | 8326 |
| (B) As used in this section: | 8327 |
| (1) "Real property" includes real property owned by a | 8328 |
| railroad. | 8329 |
| (2) "Carryover property" means all real property on the | 8330 |
| current year's tax list except: | 8331 |
| (a) Land and improvements that were not taxed by the district | 8332 |
| in both the preceding year and the current year; | 8333 |
| (b) Land and improvements that were not in the same class in | 8334 |
| both the preceding year and the current year. | 8335 |
| (3) "Effective tax rate" means with respect to each class of | 8336 |
| property: | 8337 |
| (a) The sum of the total taxes that would have been charged | 8338 |
| and payable for current expenses against real property in that | 8339 |
| class if each of the district's taxes were reduced for the current | 8340 |
| year under division (D)(1) of this section without regard to the | 8341 |
| application of division (E)(3) of this section divided by | 8342 |
| (b) The taxable value of all real property in that class. | 8343 |
| (4) "Taxes charged and payable" means the taxes charged and | 8344 |
| payable prior to any reduction required by section 319.302 of the | 8345 |
| Revised Code. | 8346 |
| (C) The tax commissioner shall make the determinations | 8347 |
| required by this section each year, without regard to whether a | 8348 |
| taxing district has territory in a county to which section 5715.24 | 8349 |
| of the Revised Code applies for that year. Separate determinations | 8350 |
| shall be made for each of the two classes established pursuant to | 8351 |
| section 5713.041 of the Revised Code. | 8352 |
| (D) With respect to each tax authorized to be levied by each | 8353 |
| taxing district, the tax commissioner, annually, shall do both of | 8354 |
| the following: | 8355 |
| (1) Determine by what percentage, if any, the sums levied by | 8356 |
| such tax against the carryover property in each class would have | 8357 |
| to be reduced for the tax to levy the same number of dollars | 8358 |
| against such property in that class in the current year as were | 8359 |
| charged against such property by such tax in the preceding year | 8360 |
| subsequent to the reduction made under this section but before the | 8361 |
| reduction made under section 319.302 of the Revised Code. In the | 8362 |
| case of a tax levied for the first time that is not a renewal of | 8363 |
| an existing tax, the commissioner shall determine by what | 8364 |
| percentage the sums that would otherwise be levied by such tax | 8365 |
| against carryover property in each class would have to be reduced | 8366 |
| to equal the amount that would have been levied if the full rate | 8367 |
| thereof had been imposed against the total taxable value of such | 8368 |
| property in the preceding tax year. A tax or portion of a tax that | 8369 |
| is designated a replacement levy under section 5705.192 of the | 8370 |
| Revised Code is not a renewal of an existing tax for purposes of | 8371 |
| this division. | 8372 |
| (2) Certify each percentage determined in division (D)(1) of | 8373 |
| this section, as adjusted under division (E) of this section, and | 8374 |
| the class of property to which that percentage applies to the | 8375 |
| auditor of each county in which the district has territory. The | 8376 |
| auditor, after complying with section 319.30 of the Revised Code, | 8377 |
| shall reduce the sum to be levied by such tax against each parcel | 8378 |
| of real property in the district by the percentage so certified | 8379 |
| for its class. Certification shall be made by the first day of | 8380 |
| September except in the case of a tax levied for the first time, | 8381 |
| in which case certification shall be made within fifteen days of | 8382 |
| the date the county auditor submits the information necessary to | 8383 |
| make the required determination. | 8384 |
| (E)(1) As used in division (E)(2) of this section, "pre-1982 | 8385 |
| joint vocational taxes" means, with respect to a class of | 8386 |
| property, the difference between the following amounts: | 8387 |
| (a) The taxes charged and payable in tax year 1981 against | 8388 |
| the property in that class for the current expenses of the joint | 8389 |
| vocational school district of which the school district is a part | 8390 |
| after making all reductions under this section; | 8391 |
| (b) The following percentage of the taxable value of all real | 8392 |
| property in that class: | 8393 |
| (i) In 1987, five one-hundredths of one per cent; | 8394 |
| (ii) In 1988, one-tenth of one per cent; | 8395 |
| (iii) In 1989, fifteen one-hundredths of one per cent; | 8396 |
| (iv) In 1990 and each subsequent year, two-tenths of one per | 8397 |
| cent. | 8398 |
| If the amount in division (E)(1)(b) of this section exceeds | 8399 |
| the amount in division (E)(1)(a) of this section, the pre-1982 | 8400 |
| joint vocational taxes shall be zero. | 8401 |
| As used in divisions (E)(2) and (3) of this section, "taxes | 8402 |
| charged and payable" has the same meaning as in division (B)(4) of | 8403 |
| this section, and excludes any tax charged and payable in 1985 or | 8404 |
| thereafter under sections 5705.194 to 5705.197 or section 5705.213 | 8405 |
| or5705.219 of the Revised Code. | 8406 |
| (2) If in the case of a school district other than a joint | 8407 |
| vocational or cooperative education school district any percentage | 8408 |
| required to be used in division (D)(2) of this section for either | 8409 |
| class of property could cause the total taxes charged and payable | 8410 |
| for current expenses to be less than two per cent of the taxable | 8411 |
| value of all real property in that class that is subject to | 8412 |
| taxation by the district, the commissioner shall determine what | 8413 |
| percentages would cause the district's total taxes charged and | 8414 |
| payable for current expenses against that class, after all | 8415 |
| reductions that would otherwise be made under this section, to | 8416 |
| equal, when combined with the pre-1982 joint vocational taxes | 8417 |
| against that class, the lesser of the following: | 8418 |
| (a) The sum of the rates at which those taxes are authorized | 8419 |
| to be levied; | 8420 |
| (b) Two per cent of the taxable value of the property in that | 8421 |
| class. The auditor shall use such percentages in making the | 8422 |
| reduction required by this section for that class. | 8423 |
| (3)(a) If in the case of a joint vocational school district | 8424 |
| any percentage required to be used in division (D)(2) of this | 8425 |
| section for either class of property could cause the total taxes | 8426 |
| charged and payable for current expenses for that class to be less | 8427 |
| than the designated amount, the commissioner shall determine what | 8428 |
| percentages would cause the district's total taxes charged and | 8429 |
| payable for current expenses for that class, after all reductions | 8430 |
| that would otherwise be made under this section, to equal the | 8431 |
| designated amount. The auditor shall use such percentages in | 8432 |
| making the reductions required by this section for that class. | 8433 |
| (b) As used in division (E)(3)(a) of this section, the | 8434 |
| designated amount shall equal the taxable value of all real | 8435 |
| property in the class that is subject to taxation by the district | 8436 |
| times the lesser of the following: | 8437 |
| (i) Two-tenths of one per cent; | 8438 |
| (ii) The district's effective rate plus the following | 8439 |
| percentage for the year indicated: | 8440 |
| WHEN COMPUTING THE | 8441 | ||||
| TAXES CHARGED FOR | ADD THE FOLLOWING PERCENTAGE: | 8442 |
| 1987 | 0.025% | 8443 | ||
| 1988 | 0.05% | 8444 | ||
| 1989 | 0.075% | 8445 | ||
| 1990 | 0.1% | 8446 | ||
| 1991 | 0.125% | 8447 | ||
| 1992 | 0.15% | 8448 | ||
| 1993 | 0.175% | 8449 | ||
| 1994 and thereafter | 0.2% | 8450 |
| (F) As used in this division, "specified percentage" means | 8451 |
| the percentage specified in a resolution under division (A)(2) of | 8452 |
| section 5705.219 of the Revised Code, plus one hundred per cent. | 8453 |
| With respect to each tax authorized to be levied by a school | 8454 |
| district under section 5705.219 of the Revised Code, the tax | 8455 |
| commissioner, annually, shall do both of the following: | 8456 |
| (1) Determine by what percentage, if any, the sums levied by | 8457 |
| such tax against the carryover property in each class would have | 8458 |
| to be reduced for the tax to levy the specified percentage of the | 8459 |
| number of dollars against such property in that class in the | 8460 |
| current year as were charged against such property by such tax in | 8461 |
| the preceding year subsequent to the reduction made under this | 8462 |
| division but before the reduction made under section 319.302 of | 8463 |
| the Revised Code. | 8464 |
| If the sums that otherwise would be levied by the tax against | 8465 |
| the carryover property in a class in the current year do not | 8466 |
| exceed the specified percentage of the sums charged against such | 8467 |
| property in that class in the preceding year subsequent to the | 8468 |
| reduction under this division but before the reduction made under | 8469 |
| section 319.302 of the Revised Code, no reduction shall be made | 8470 |
| under this division for the current year. In the case of a tax | 8471 |
| levied for the first time that is not a renewal of an existing | 8472 |
| tax, the commissioner shall determine by what percentage the sums | 8473 |
| that otherwise would be levied by such tax against carryover | 8474 |
| property in each class would have to be reduced to equal the | 8475 |
| specified percentage of the amount that would have been levied if | 8476 |
| the full rate thereof had been imposed against the total taxable | 8477 |
| value of such property in the preceding tax year. A tax or portion | 8478 |
| of a tax levied under section 5705.219 of the Revised Code that is | 8479 |
| designated a replacement levy is not a renewal of an existing tax | 8480 |
| for the purposes of this division. | 8481 |
| (2) Certify each percentage determined in division (F)(1) of | 8482 |
| this section and the class of property to which that percentage | 8483 |
| applies to the county auditor of each county in which the district | 8484 |
| has territory. The county auditor, after complying with section | 8485 |
| 319.30 of the Revised Code, shall reduce the sum to be levied by | 8486 |
| such tax against each parcel of real property in the district by | 8487 |
| the percentage so certified for its class. Certification shall be | 8488 |
| made by the first day of September except in the case of a tax | 8489 |
| levied for the first time, in which case certification shall be | 8490 |
| made within fifteen days of the date the county auditor submits | 8491 |
| the information necessary to make the required determination. | 8492 |
| (G) No reduction shall be made under this section in the rate | 8493 |
| at which any tax is levied. | 8494 |
| | 8495 |
|
any information
| 8496 |
|
determinations required
under division (D)
| 8497 |
| section, and the auditor shall supply the information in the form | 8498 |
| and by the date specified in the order. If the auditor fails to | 8499 |
| comply with an order issued under this division, except for good | 8500 |
| cause as determined by the commissioner, the commissioner shall | 8501 |
| withhold from such county or taxing district therein fifty per | 8502 |
| cent of state revenues to local governments pursuant to section | 8503 |
| 5747.50 of the Revised Code or shall direct the department of | 8504 |
| education to withhold therefrom fifty per cent of state revenues | 8505 |
| to school districts pursuant to Chapter 3317. of the Revised Code. | 8506 |
| The commissioner shall withhold the distribution of such revenues | 8507 |
| until the county auditor has complied with this division, and the | 8508 |
| department shall withhold the distribution of such revenues until | 8509 |
| the commissioner has notified the department that the county | 8510 |
| auditor has complied with this division. | 8511 |
| | 8512 |
| reduction factor for either class of property in a taxing district | 8513 |
| located in more than one county by the last day of November | 8514 |
|
because information required under division
| 8515 |
|
is unavailable,
| 8516 |
| estimated tax reduction factor for that district for that class. | 8517 |
| The estimated factor shall be based upon an estimate of the | 8518 |
| unavailable information. Upon receipt of the actual information | 8519 |
| for a taxing district that received an estimated tax reduction | 8520 |
| factor, the commissioner shall compute the actual tax reduction | 8521 |
| factor and use that factor to compute the taxes that should have | 8522 |
| been charged and payable against each parcel of property for the | 8523 |
| year for which the estimated reduction factor was used. The amount | 8524 |
| by which the estimated factor resulted in an overpayment or | 8525 |
| underpayment in taxes on any parcel shall be added to or | 8526 |
| subtracted from the amount due on that parcel in the ensuing tax | 8527 |
| year. | 8528 |
| A percentage or a tax reduction factor determined or computed | 8529 |
| by the commissioner under this section shall be used solely for | 8530 |
| the purpose of reducing the sums to be levied by the tax to which | 8531 |
| it applies for the year for which it was determined or computed. | 8532 |
| It shall not be used in making any tax computations for any | 8533 |
| ensuing tax year. | 8534 |
| | 8535 |
| (F)(1) of this section, the tax commissioner shall take account of | 8536 |
| changes in the taxable value of carryover property resulting from | 8537 |
| complaints filed under section 5715.19 of the Revised Code for | 8538 |
| determinations made for the tax year in which such changes are | 8539 |
| reported to the commissioner. Such changes shall be reported to | 8540 |
| the commissioner on the first abstract of real property filed with | 8541 |
| the commissioner under section 5715.23 of the Revised Code | 8542 |
| following the date on which the complaint is finally determined by | 8543 |
| the board of revision or by a court or other authority with | 8544 |
| jurisdiction on appeal. The tax commissioner shall account for | 8545 |
| such changes in making the determinations only for the tax year in | 8546 |
| which the change in valuation is reported. Such a valuation change | 8547 |
| shall not be used to recompute the percentages determined under | 8548 |
| division (D)(1) or(F)(1) of this section for any prior tax year. | 8549 |
| Sec. 319.302. (A)(1) The county auditor shall classify each | 8550 |
| parcel of real property as qualifying property or nonqualifying | 8551 |
| property, according to its principal, current use. Vacant lots and | 8552 |
| tracts of land upon which there are no structures or improvements | 8553 |
| shall be classified in accordance with their location and their | 8554 |
| highest and best probable legal use. For purposes of this section, | 8555 |
| lands and improvements thereon used for residential or | 8556 |
| agricultural purposes shall be classified as qualifying property, | 8557 |
| and all other lands and improvements thereon and minerals or | 8558 |
| rights to minerals shall be classified as nonqualifying property. | 8559 |
| (2) Each year, the county auditor shall reclassify each | 8560 |
| parcel of real property whose principal, current use has changed | 8561 |
| from the preceding year to reflect the use of the property as of | 8562 |
| the first day of January of the current tax year. | 8563 |
| (B) After complying with section 319.301 of the Revised Code, | 8564 |
| the county auditor shall reduce the remaining sums to be levied | 8565 |
| against each parcel of real property listed on the general tax | 8566 |
| list and duplicate of real and public utility property for the | 8567 |
| current tax year and classified for that tax year as qualifying | 8568 |
| property under division (A) of this section, and against each | 8569 |
| manufactured and mobile home that is taxed pursuant to division | 8570 |
| (D)(2) of section 4503.06 of the Revised Code and that is on the | 8571 |
| manufactured home tax list for the current tax year, by ten per | 8572 |
| cent, to provide a partial exemption for that property or such | 8573 |
| home. Except as otherwise provided in sections 323.152, 323.158, | 8574 |
| 505.06, and 715.263 of the Revised Code, the amount of the taxes | 8575 |
| remaining after such reduction, if any, shall be the real and | 8576 |
| public utility property taxes charged and payable on each parcel | 8577 |
| of real property, including nonqualifying property, and the | 8578 |
|
manufactured home tax charged and payable | 8579 |
| manufactured or mobile home, and shall be the amounts certified to | 8580 |
| the county treasurer for collection. Upon receipt of the tax | 8581 |
| duplicate, the treasurer shall certify to the tax commissioner the | 8582 |
| total amount by which taxes were reduced under this section, as | 8583 |
| shown on the duplicate. Such reduction shall not directly or | 8584 |
| indirectly affect the determination of the principal amount of | 8585 |
| notes that may be issued in anticipation of any tax levies or the | 8586 |
| amount of bonds or notes for any planned improvements. If after | 8587 |
| application of sections 5705.31 and 5705.32 of the Revised Code | 8588 |
| and other applicable provisions of law, including divisions (F) | 8589 |
| and (I) of section 321.24 of the Revised Code, there would be | 8590 |
| insufficient funds for payment of debt charges on bonds or notes | 8591 |
| payable from taxes reduced by this section, the reduction of taxes | 8592 |
| provided for in this section shall be adjusted to the extent | 8593 |
| necessary to provide funds from such taxes. | 8594 |
| (C) The tax commissioner shall adopt rules governing the | 8595 |
| classification of property under this section, and no property | 8596 |
| shall be classified under this section except in accordance with | 8597 |
| those rules. | 8598 |
| (D) The classification required by division (A) of this | 8599 |
| section is solely for the purpose of allowing the partial | 8600 |
| exemption for qualifying property under division (B) of this | 8601 |
| section. This section does not apply to classifying real property | 8602 |
| for any other purpose authorized or required by law, or by rule of | 8603 |
| the tax commissioner. | 8604 |
| Sec. 319.54. (A) On all moneys collected by the county | 8605 |
| treasurer on any tax duplicate of the county, other than estate | 8606 |
| tax duplicates, and on all moneys received as advance payments of | 8607 |
| personal property and classified property taxes, the county | 8608 |
| auditor, on settlement with the treasurer and tax commissioner, on | 8609 |
| or before the date prescribed by law for such settlement or any | 8610 |
| lawful extension of such date, shall be allowed as compensation | 8611 |
| for the county auditor's services the following percentages: | 8612 |
| (1) On the first one hundred thousand dollars, two and | 8613 |
| one-half per cent; | 8614 |
| (2) On the next two million dollars, eight thousand three | 8615 |
| hundred eighteen ten-thousandths of one per cent; | 8616 |
| (3) On the next two million dollars, six thousand six hundred | 8617 |
| fifty-five ten-thousandths of one per cent; | 8618 |
| (4) On all further sums, one thousand six hundred sixty-three | 8619 |
| ten-thousandths of one per cent. | 8620 |
| If any settlement is not made on or before the date | 8621 |
| prescribed by law for such settlement or any lawful extension of | 8622 |
| such date, the aggregate compensation allowed to the auditor shall | 8623 |
| be reduced one per cent for each day such settlement is delayed | 8624 |
| after the prescribed date. No penalty shall apply if the auditor | 8625 |
| and treasurer grant all requests for advances up to ninety per | 8626 |
| cent of the settlement pursuant to section 321.34 of the Revised | 8627 |
| Code. The compensation allowed in accordance with this section on | 8628 |
| settlements made before the dates prescribed by law, or the | 8629 |
| reduced compensation allowed in accordance with this section on | 8630 |
| settlements made after the date prescribed by law or any lawful | 8631 |
| extension of such date, shall be apportioned ratably by the | 8632 |
| auditor and deducted from the shares or portions of the revenue | 8633 |
| payable to the state as well as to the county, townships, | 8634 |
| municipal corporations, and school districts. | 8635 |
| (B) From all moneys collected by the county treasurer on any | 8636 |
| tax duplicate of the county, other than estate tax duplicates, and | 8637 |
| on all moneys received as advance payments of personal property | 8638 |
| and classified property taxes, there shall be paid into the county | 8639 |
| treasury to the credit of the real estate assessment fund created | 8640 |
| by section 325.31 of the Revised Code, an amount to be determined | 8641 |
| by the county auditor, which shall not exceed the following | 8642 |
| percentages: | 8643 |
| (1) On the first one hundred thousand dollars, three and | 8644 |
| one-half per cent; | 8645 |
| (2) On the next three million dollars, one and three-eighths | 8646 |
| per cent; | 8647 |
| (3) On the next three million dollars, one per cent; | 8648 |
| (4) On all further sums not exceeding one hundred fifty | 8649 |
| million dollars, three-quarters of one per cent; | 8650 |
| (5) On amounts exceeding one hundred fifty million dollars, | 8651 |
| six-tenths of one per cent. | 8652 |
| Such compensation shall be apportioned ratably by the auditor | 8653 |
| and deducted from the shares or portions of the revenue payable to | 8654 |
| the state as well as to the county, townships, municipal | 8655 |
| corporations, and school districts. | 8656 |
| (C) Each county auditor shall receive four per cent of the | 8657 |
| amount of tax collected and paid into the county treasury, on | 8658 |
| property omitted and placed by the county auditor on the tax | 8659 |
| duplicate. | 8660 |
| (D) On all estate tax moneys collected by the county | 8661 |
| treasurer, the county auditor, on settlement semiannually with the | 8662 |
| tax commissioner, shall be allowed, as compensation for the | 8663 |
| auditor's services under Chapter 5731. of the Revised Code, the | 8664 |
| following percentages: | 8665 |
| (1) Four per cent on the first one hundred thousand dollars; | 8666 |
| (2) One-half of one per cent on all additional sums. | 8667 |
| Such percentages shall be computed upon the amount collected | 8668 |
| and reported at each semiannual settlement, and shall be for the | 8669 |
| use of the general fund of the county. | 8670 |
| (E) On all cigarette license moneys collected by the county | 8671 |
| treasurer, the county auditor, on settlement semiannually with the | 8672 |
| treasurer, shall be allowed as compensation for the auditor's | 8673 |
| services in the issuing of such licenses one-half of one per cent | 8674 |
| of such moneys, to be apportioned ratably and deducted from the | 8675 |
| shares of the revenue payable to the county and subdivisions, for | 8676 |
| the use of the general fund of the county. | 8677 |
| (F) The county auditor shall charge and receive fees as | 8678 |
| follows: | 8679 |
| (1) For deeds of land sold for taxes to be paid by the | 8680 |
| purchaser, five dollars; | 8681 |
| (2) For the transfer or entry of land, lot, or part of lot, | 8682 |
| or the transfer or entry on or after January 1, 2000, of a used | 8683 |
| manufactured home or mobile home as defined in section 5739.0210 | 8684 |
| of the Revised Code, fifty cents for each transfer or entry, to be | 8685 |
| paid by the person requiring it; | 8686 |
| (3) For receiving statements of value and administering | 8687 |
|
section 319.202 of the Revised Code, one dollar, or | 8688 |
| cents for each one hundred dollars or fraction of one hundred | 8689 |
| dollars, whichever is greater, of the value of the real property | 8690 |
| transferred or | 8691 |
| the value of the used manufactured home or used mobile home, as | 8692 |
| defined in section 5739.0210 of the Revised Code, transferred, | 8693 |
| except no fee shall be charged when the transfer is made: | 8694 |
| (a) To or from the United States, this state, or any | 8695 |
| instrumentality, agency, or political subdivision of the United | 8696 |
| States or this state; | 8697 |
| (b) Solely in order to provide or release security for a debt | 8698 |
| or obligation; | 8699 |
| (c) To confirm or correct a deed previously executed and | 8700 |
| recorded; | 8701 |
| (d) To evidence a gift, in trust or otherwise and whether | 8702 |
| revocable or irrevocable, between husband and wife, or parent and | 8703 |
| child or the spouse of either; | 8704 |
| (e) On sale for delinquent taxes or assessments; | 8705 |
| (f) Pursuant to court order, to the extent that such transfer | 8706 |
| is not the result of a sale effected or completed pursuant to such | 8707 |
| order; | 8708 |
| (g) Pursuant to a reorganization of corporations or | 8709 |
| unincorporated associations or pursuant to the dissolution of a | 8710 |
| corporation, to the extent that the corporation conveys the | 8711 |
| property to a stockholder as a distribution in kind of the | 8712 |
| corporation's assets in exchange for the stockholder's shares in | 8713 |
| the dissolved corporation; | 8714 |
| (h) By a subsidiary corporation to its parent corporation for | 8715 |
| no consideration, nominal consideration, or in sole consideration | 8716 |
| of the cancellation or surrender of the subsidiary's stock; | 8717 |
| (i) By lease, whether or not it extends to mineral or mineral | 8718 |
| rights, unless the lease is for a term of years renewable forever; | 8719 |
| (j) When the value of the real property or the manufactured | 8720 |
| or mobile home or the value of the interest that is conveyed does | 8721 |
| not exceed one hundred dollars; | 8722 |
| (k) Of an occupied residential property, including a | 8723 |
| manufactured or mobile home, being transferred to the builder of a | 8724 |
| new residence or to the dealer of a new manufactured or mobile | 8725 |
| home when the former residence is traded as part of the | 8726 |
| consideration for the new residence or new manufactured or mobile | 8727 |
| home; | 8728 |
| (l) To a grantee, other than a dealer in real property or in | 8729 |
| manufactured or mobile homes, solely for the purpose of, and as a | 8730 |
| step in, the prompt sale of the real property or manufactured or | 8731 |
| mobile home to others; | 8732 |
| (m) To or from a person when no money or other valuable and | 8733 |
| tangible consideration readily convertible into money is paid or | 8734 |
| to be paid for the real estate or manufactured or mobile home and | 8735 |
| the transaction is not a gift; | 8736 |
| (n) Pursuant to division (B) of section 317.22 of the Revised | 8737 |
| Code, or section 2113.61 of the Revised Code, between spouses or | 8738 |
| to a surviving spouse pursuant to section 5302.17 of the Revised | 8739 |
| Code as it existed prior to April 4, 1985, between persons | 8740 |
| pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 8741 |
| after April 4, 1985, to a person who is a surviving, survivorship | 8742 |
| tenant pursuant to section 5302.17 of the Revised Code on or after | 8743 |
| April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 8744 |
| (o) To a trustee acting on behalf of minor children of the | 8745 |
| deceased; | 8746 |
| (p) Of an easement or right-of-way when the value of the | 8747 |
| interest conveyed does not exceed one thousand dollars; | 8748 |
| (q) Of property sold to a surviving spouse pursuant to | 8749 |
| section 2106.16 of the Revised Code; | 8750 |
| (r) To or from an organization exempt from federal income | 8751 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 8752 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 8753 |
| transfer is without consideration and is in furtherance of the | 8754 |
| charitable or public purposes of such organization; | 8755 |
| (s) Among the heirs at law or devisees, including a surviving | 8756 |
| spouse, of a common decedent, when no consideration in money is | 8757 |
| paid or to be paid for the real property or manufactured or mobile | 8758 |
| home; | 8759 |
| (t) To a trustee of a trust, when the grantor of the trust | 8760 |
| has reserved an unlimited power to revoke the trust; | 8761 |
| (u) To the grantor of a trust by a trustee of the trust, when | 8762 |
| the transfer is made to the grantor pursuant to the exercise of | 8763 |
| the grantor's power to revoke the trust or to withdraw trust | 8764 |
| assets; | 8765 |
| (v) To the beneficiaries of a trust, if the fee was paid on | 8766 |
| the transfer from the grantor of the trust to the trustee or if | 8767 |
| the
transfer is made pursuant to trust provisions | 8768 |
| became irrevocable at the death of the grantor; | 8769 |
| (w) To a corporation for incorporation into a sports facility | 8770 |
| constructed pursuant to section 307.696 of the Revised Code; | 8771 |
| (x) Between persons pursuant to section 5302.18 of the | 8772 |
| Revised Code. | 8773 |
| The auditor shall compute and collect the fee. The auditor | 8774 |
| shall maintain a numbered receipt system, as prescribed by the tax | 8775 |
| commissioner, and use such receipt system to provide a receipt to | 8776 |
| each person paying a fee. The auditor shall deposit the receipts | 8777 |
| of the fees on conveyances in the county treasury daily to the | 8778 |
| credit of the general fund of the county, except as provided in | 8779 |
| division (G) of this section. | 8780 |
| | 8781 |
| 8782 | |
| 8783 | |
| 8784 |
| The transfer fee for a used manufactured home or used mobile | 8785 |
| home shall be computed by and paid to the county auditor of the | 8786 |
| county in which the home is located immediately prior to the | 8787 |
| transfer. | 8788 |
| (G) For each fee charged under division (F)(3) of this | 8789 |
| section, the county auditor shall deposit the greater of one | 8790 |
| dollar or one-half of the fee in the county treasury to the credit | 8791 |
| of the general fund of the county. By the fifteenth day of the | 8792 |
| month following the month in which the fee was received, the | 8793 |
| county auditor shall forward the balance of the fee to the | 8794 |
| treasurer of state for deposit in the state treasury to the credit | 8795 |
| of the general revenue fund. The county auditor shall include with | 8796 |
| each balance forwarded to the treasurer of state under this | 8797 |
| division a report in such form as the tax commissioner prescribes. | 8798 |
| Upon receipt of the report, the treasurer of state shall date | 8799 |
| stamp the report and forward it to the tax commissioner. If the | 8800 |
| county auditor fails to forward any balance within the time | 8801 |
| required by this division, the tax commissioner may withhold local | 8802 |
| government fund money allocated to the county until the balance is | 8803 |
| forwarded. The treasurer of state may require that the county | 8804 |
| auditor forward electronically any balances due under, and reports | 8805 |
| required by, this division. | 8806 |
| (H) The combined rate of taxation authorized under division | 8807 |
| (F)(3) of this section and section 322.02 of the Revised Code | 8808 |
| shall never exceed fifty cents for each one hundred dollars or | 8809 |
| fraction of one hundred dollars of the value of the real property | 8810 |
| transferred. | 8811 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 8812 |
| in each year, the county treasurer shall settle with the county | 8813 |
| auditor for all taxes and assessments that the treasurer has | 8814 |
| collected on the general duplicate of real and public utility | 8815 |
| property at the time of making the settlement. | 8816 |
| (B) On or before the thirtieth day of June, in each year, the | 8817 |
| treasurer shall settle with the auditor for all advance payments | 8818 |
| of general personal and classified property taxes that the | 8819 |
| treasurer has received at the time of making the settlement. | 8820 |
| (C) On or before the tenth day of August, in each year, the | 8821 |
| treasurer shall settle with the auditor for all taxes and | 8822 |
| assessments that the treasurer has collected on the general | 8823 |
| duplicates of real and public utility property at the time of | 8824 |
| making such settlement, not included in the preceding February | 8825 |
| settlement. | 8826 |
| (D) On or before the thirty-first day of October, in each | 8827 |
| year, the treasurer shall settle with the auditor for all taxes | 8828 |
| that the treasurer has collected on the general personal and | 8829 |
| classified property duplicates, and for all advance payments of | 8830 |
| general personal and classified property taxes, not included in | 8831 |
| the preceding June settlement, that the treasurer has received at | 8832 |
| the time of making such settlement. | 8833 |
| (E) In the event the time for the payment of taxes is | 8834 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 8835 |
| on or before which settlement for the taxes so extended must be | 8836 |
| made, as herein prescribed, shall be deemed to be extended for a | 8837 |
| like period of time. At each such settlement, the auditor shall | 8838 |
| allow to the treasurer, on the moneys received or collected and | 8839 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 8840 |
| or percentage allowed by law, at a full settlement of the | 8841 |
| treasurer. | 8842 |
| (F) Within thirty days after the day of each settlement of | 8843 |
| taxes required under divisions (A) and (C) of this section, the | 8844 |
| treasurer shall certify to the tax commissioner any adjustments | 8845 |
| 8846 | |
| pursuant to section 319.302 of the Revised Code and that the | 8847 |
| settlement has been completed. Upon receipt of such certification, | 8848 |
| the commissioner shall provide for payment to the county treasurer | 8849 |
| from the general revenue fund of an amount equal to one-half of | 8850 |
| the amount certified by the treasurer in the preceding tax year | 8851 |
| under section 319.302 of the Revised Code, less one-half of the | 8852 |
| amount computed for all taxing districts in that county for the | 8853 |
| current fiscal year under section 5703.80 of the Revised Code for | 8854 |
| crediting to the property tax administration fund. Such payment | 8855 |
| shall be credited upon receipt to the county's undivided income | 8856 |
| tax fund, and the county auditor shall transfer to the county | 8857 |
| general fund from the amount thereof the total amount of all fees | 8858 |
| and charges which the auditor and treasurer would have been | 8859 |
| authorized to receive had such section not been in effect and that | 8860 |
| amount had been levied and collected as taxes. The county auditor | 8861 |
| shall distribute the amount remaining among the various taxing | 8862 |
| districts in the county as if it had been levied, collected, and | 8863 |
| settled as real property taxes. The amount distributed to each | 8864 |
| taxing district shall be reduced by the total of the amounts | 8865 |
| computed for the district under | 8866 |
| section 5703.80 of the Revised Code, but the reduction shall not | 8867 |
| exceed the amount that otherwise would be distributed to the | 8868 |
| taxing district under this division. The tax commissioner shall | 8869 |
| make available to taxing districts such information as is | 8870 |
| sufficient for a taxing district to be able to determine the | 8871 |
| amount of the reduction in its distribution under this section. | 8872 |
| (G)(1) Within thirty days after the day of the settlement | 8873 |
| required in division (D) of this section, the county treasurer | 8874 |
| shall notify the tax commissioner that the settlement has been | 8875 |
| completed. Upon receipt of that notification, the commissioner | 8876 |
| shall provide for payment to the county treasurer from the general | 8877 |
| revenue fund of an amount equal to the amount certified under | 8878 |
| former section 319.311 of the Revised Code and paid in the state's | 8879 |
| fiscal year 2003 multiplied by the percentage specified in | 8880 |
| division (G)(2) of this section. The payment shall be credited | 8881 |
| upon receipt to the county's undivided income tax fund, and the | 8882 |
| county auditor shall distribute the amount thereof among the | 8883 |
| various taxing districts of the county as if it had been levied, | 8884 |
| collected, and settled as personal property taxes. The amount | 8885 |
| received by a taxing district under this division shall be | 8886 |
| apportioned among its funds in the same proportion as the current | 8887 |
| year's personal property taxes are apportioned. | 8888 |
| (2) Payments required under division (G)(1) of this section | 8889 |
| shall be made at the following percentages of the amount certified | 8890 |
| under former section 319.311 of the Revised Code and paid under | 8891 |
| division (G)(1) of this section in the state's fiscal year 2003: | 8892 |
| (a) In fiscal year 2004, ninety per cent; | 8893 |
| (b) In fiscal year 2005, eighty per cent; | 8894 |
| (c) In fiscal year 2006, | 8895 |
| (d) In fiscal year 2007, | 8896 |
| (e) In fiscal year 2008, | 8897 |
| (f) In fiscal year 2009, | 8898 |
| | 8899 |
| | 8900 |
| | 8901 |
| After fiscal year | 8902 |
| division (G)(1) of this section. | 8903 |
| (H)(1) On or before the fifteenth day of April each year, the | 8904 |
| county treasurer shall settle with the county auditor for all | 8905 |
| manufactured home taxes that the county treasurer has collected on | 8906 |
| the manufactured home tax duplicate at the time of making the | 8907 |
| settlement. | 8908 |
| (2) On or before the fifteenth day of September each year, | 8909 |
| the county treasurer shall settle with the county auditor for all | 8910 |
| remaining manufactured home taxes that the county treasurer has | 8911 |
| collected on the manufactured home tax duplicate at the time of | 8912 |
| making the settlement. | 8913 |
| (3) If the time for payment of such taxes is extended under | 8914 |
| section 4503.06 of the Revised Code, the time for making the | 8915 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 8916 |
| section is extended for a like period of time. | 8917 |
| (I) Within thirty days after the day of each settlement of | 8918 |
| taxes required under division (H) of this section, the county | 8919 |
| treasurer shall certify to the tax commissioner any adjustments | 8920 |
| that have been made to the amount certified previously pursuant to | 8921 |
| section 319.302 of the Revised Code and that the settlement has | 8922 |
| been completed. Upon receipt of such certification, the | 8923 |
| commissioner shall provide for payment to the county treasurer | 8924 |
| from the general revenue fund of an amount equal to one-half of | 8925 |
| the amount certified by the treasurer in the current tax year | 8926 |
| under section 319.302 of the Revised Code. Such payment shall be | 8927 |
| credited upon receipt to the county's undivided income tax fund, | 8928 |
| and the county auditor shall transfer to the county general fund | 8929 |
| from the amount thereof the total amount of all fees and charges | 8930 |
| that the auditor and treasurer would have been authorized to | 8931 |
| receive had such section not been in effect and that amount had | 8932 |
| been levied and collected as taxes. The county auditor shall | 8933 |
| distribute the amount remaining among the various taxing districts | 8934 |
| in the county as if it had been levied, collected, and settled as | 8935 |
| manufactured home taxes. | 8936 |
| Sec. 323.01. Except as otherwise provided, as used in | 8937 |
| Chapter 323. of the Revised Code: | 8938 |
| (A) "Subdivision" means any county, township, school | 8939 |
| district, or municipal corporation. | 8940 |
| (B) "Municipal corporation" includes charter municipalities. | 8941 |
| (C) "Taxes" means the total amount of all charges against an | 8942 |
| entry appearing on a tax list and the duplicate thereof that was | 8943 |
| prepared and certified in accordance with section 319.28 of the | 8944 |
| Revised Code, including taxes levied against real estate; taxes on | 8945 |
| property whose value is certified pursuant to section 5727.23 of | 8946 |
| the Revised Code; recoupment charges applied pursuant to section | 8947 |
| 5713.35 of the Revised Code; all assessments; penalties and | 8948 |
| interest charged pursuant to section 323.121 of the Revised Code; | 8949 |
| charges added pursuant to section 319.35 of the Revised Code; and | 8950 |
| all of such charges which remain unpaid from any previous tax | 8951 |
| year. | 8952 |
| (D) "Current taxes" means all taxes charged against an entry | 8953 |
| on the general tax list and duplicate of real and public utility | 8954 |
| property that have not appeared on such list and duplicate for any | 8955 |
| prior tax year and any penalty thereon charged by division (A) of | 8956 |
| section 323.121 of the Revised Code. Current taxes, whether or not | 8957 |
| they have been certified delinquent, become delinquent taxes if | 8958 |
| they remain unpaid after the last day prescribed for payment of | 8959 |
| the second installment of current taxes without penalty. | 8960 |
| (E) "Delinquent taxes" means: | 8961 |
| (1) Any taxes charged against an entry on the general tax | 8962 |
| list and duplicate of real and public utility property that were | 8963 |
| charged against an entry on such list and duplicate for a prior | 8964 |
| tax year and any penalties and interest charged against such | 8965 |
| taxes. | 8966 |
| (2) Any current taxes charged on the general tax list and | 8967 |
| duplicate of real and public utility property that remain unpaid | 8968 |
| after the last day prescribed for payment of the second | 8969 |
| installment of such taxes without penalty, whether or not they | 8970 |
| have been certified delinquent, and any penalties and interest | 8971 |
| charged against such taxes. | 8972 |
| (F) "Current tax year" means, with respect to particular | 8973 |
| taxes, the calendar year in which the first installment of taxes | 8974 |
| is due prior to any extension granted under section 323.17 of the | 8975 |
| Revised Code. | 8976 |
| (G) "Liquidated claim" means: | 8977 |
| (1) Any sum of money due and payable, upon a written | 8978 |
| contractual obligation executed between the subdivision and the | 8979 |
| taxpayer, but excluding any amount due on general and special | 8980 |
| assessment bonds and notes; | 8981 |
| (2) Any sum of money due and payable, for disability | 8982 |
| financial assistance | 8983 |
| under Chapter 5115. of the Revised Code that is furnished to or in | 8984 |
| behalf of a subdivision, provided that such claim is recognized by | 8985 |
| a resolution or ordinance of the legislative body of such | 8986 |
| subdivision; | 8987 |
| (3) Any sum of money advanced and paid to or received and | 8988 |
| used by a subdivision, pursuant to a resolution or ordinance of | 8989 |
| such subdivision or its predecessor in interest, and the moral | 8990 |
| obligation to repay which sum, when in funds, shall be recognized | 8991 |
| by resolution or ordinance by the subdivision. | 8992 |
| Sec. 323.152. In addition to the reduction in taxes required | 8993 |
| under section 319.302 of the Revised Code, taxes shall be reduced | 8994 |
| as provided in divisions (A) and (B) of this section. | 8995 |
| (A)(1) Division (A) of this section applies to any of the | 8996 |
| following: | 8997 |
| (a) A person who is permanently and totally disabled; | 8998 |
| (b) A person who is sixty-five years of age or older; | 8999 |
| (c) A person who is the surviving spouse of a deceased person | 9000 |
| who was permanently and totally disabled or sixty-five years of | 9001 |
| age or older and who applied and qualified for a reduction in | 9002 |
| taxes under this division in the year of death, provided the | 9003 |
| surviving spouse is at least fifty-nine but not sixty-five or more | 9004 |
| years of age on the date the deceased spouse dies. | 9005 |
| (2) Real property taxes on a homestead owned and occupied, or | 9006 |
| a homestead in a housing cooperative occupied, by a person to whom | 9007 |
| division (A) of this section applies shall be reduced for each | 9008 |
| year for which the owner obtains a certificate of reduction from | 9009 |
| the county auditor under section 323.154 of the Revised Code or | 9010 |
| for which the occupant obtains a certificate of reduction in | 9011 |
| accordance with section 323.159 of the Revised Code. The reduction | 9012 |
| shall equal the amount obtained by multiplying the tax rate for | 9013 |
| the tax year for which the certificate is issued by the reduction | 9014 |
| in taxable value shown in the following schedule: | 9015 |
| Reduce Taxable Value | 9016 | |||
| Total Income | by the Lesser of: | 9017 |
| $11,900 or less | $5,000 or seventy-five per cent | 9018 | ||
| More than $11,900 but not more than $17,500 | $3,000 or sixty per cent | 9019 | ||
| More than $17,500 but not more than $23,000 | $1,000 or twenty-five per cent | 9020 | ||
| More than $23,000 | -0- | 9021 |
| (3) Each calendar year, the tax commissioner shall adjust the | 9022 |
| foregoing schedule by completing the following calculations in | 9023 |
| September of each year: | 9024 |
| (a) Determine the percentage increase in the gross domestic | 9025 |
| product deflator determined by the bureau of economic analysis of | 9026 |
| the United States department of commerce from the first day of | 9027 |
| January of the preceding calendar year to the last day of December | 9028 |
| of the preceding calendar year; | 9029 |
| (b) Multiply that percentage increase by each of the total | 9030 |
| income amounts, and by each dollar amount by which taxable value | 9031 |
| is reduced, for the current tax year; | 9032 |
| (c) Add the resulting product to each of the total income | 9033 |
| amounts, and to each of the dollar amounts by which taxable value | 9034 |
| is reduced, for the current tax year; | 9035 |
| (d)(i) Except as provided in division (A)(3)(d)(ii) of this | 9036 |
| section, round the resulting sum to the nearest multiple of one | 9037 |
| hundred dollars; | 9038 |
| (ii) If rounding the resulting sum to the nearest multiple of | 9039 |
| one hundred dollars under division (A)(3)(d)(i) of this section | 9040 |
| does not increase the dollar amounts by which taxable value is | 9041 |
| reduced, the resulting sum instead shall be rounded to the nearest | 9042 |
| multiple of ten dollars. | 9043 |
| The commissioner shall certify the amounts resulting from the | 9044 |
| adjustment to each county auditor not later than the first day of | 9045 |
| December each year. The certified amounts apply to the following | 9046 |
| tax year. The commissioner shall not make the adjustment in any | 9047 |
| calendar year in which the amounts resulting from the adjustment | 9048 |
| would be less than the total income amounts, or less than the | 9049 |
| dollar amounts by which taxable value is reduced, for the current | 9050 |
| tax year. | 9051 |
| (B) | 9052 |
| on any homestead, and manufactured home taxes on any manufactured | 9053 |
| or mobile home on which a manufactured home tax is assessed | 9054 |
| pursuant to division (D)(2) of section 4503.06 of the Revised | 9055 |
| Code, shall be reduced for each year for which the owner obtains a | 9056 |
| certificate of reduction from the county auditor under section | 9057 |
| 323.154 of the Revised Code. The amount of the reduction shall | 9058 |
| equal | 9059 |
| 9060 | |
| the
manufactured or mobile home | 9061 |
| after applying
section | 9062 |
| (C) The reductions granted by this section do not apply to | 9063 |
| special assessments or respread of assessments levied against the | 9064 |
| homestead, and if there is a transfer of ownership subsequent to | 9065 |
| the filing of an application for a reduction in taxes, such | 9066 |
| reductions are not forfeited for such year by virtue of such | 9067 |
| transfer. | 9068 |
| (D) The reductions in taxable value referred to in this | 9069 |
| section shall be applied solely as a factor for the purpose of | 9070 |
| computing the reduction of taxes under this section and shall not | 9071 |
| affect the total value of property in any subdivision or taxing | 9072 |
| district as listed and assessed for taxation on the tax lists and | 9073 |
| duplicates, or any direct or indirect limitations on indebtedness | 9074 |
| of a subdivision or taxing district. If after application of | 9075 |
| sections 5705.31 and 5705.32 of the Revised Code, including the | 9076 |
| allocation of all levies within the ten-mill limitation to debt | 9077 |
| charges to the extent therein provided, there would be | 9078 |
| insufficient funds for payment of debt charges not provided for by | 9079 |
| levies in excess of the ten-mill limitation, the reduction of | 9080 |
| taxes provided for in sections 323.151 to 323.159 of the Revised | 9081 |
| Code shall be proportionately adjusted to the extent necessary to | 9082 |
| provide such funds from levies within the ten-mill limitation. | 9083 |
| (E) No reduction shall be made on the taxes due on the | 9084 |
| homestead of any person convicted of violating division (C) or (D) | 9085 |
| of section 323.153 of the Revised Code for a period of three years | 9086 |
| following the conviction. | 9087 |
| Sec. 323.17. When any taxing authority in the county has | 9088 |
| certified to the board of elections a resolution that would serve | 9089 |
| to place upon the ballot at a general election or at any special | 9090 |
| election held prior to the general election but subsequent to the | 9091 |
| first Tuesday after the first Monday in August the question of a | 9092 |
| tax to be levied on the current tax list and duplicate for any | 9093 |
| purpose, or if the auditor has not received the certified | 9094 |
| reduction factors as required by division (D)(2) or(F)(2) of | 9095 |
| section 319.301 of the Revised Code, the time for delivery of the | 9096 |
| tax duplicate of the county treasurer by the county auditor as | 9097 |
| provided in section 319.28 of the Revised Code shall be extended | 9098 |
| to the first Monday in December. When delivery of the tax | 9099 |
| duplicate has been so delayed, the times for payment of taxes as | 9100 |
| fixed by section 323.12 of the Revised Code may be extended to the | 9101 |
| thirty-first day of January and the twentieth day of July. In case | 9102 |
| of emergency the tax commissioner may, by journal entry, extend | 9103 |
| the times for delivery of the duplicate in any county for an | 9104 |
| additional fifteen days upon receipt of a written application from | 9105 |
| the county auditor, in the case of a delay in the delivery of the | 9106 |
| tax duplicate, or from the treasurer regarding an extension of the | 9107 |
| time for the billing and collection of taxes. | 9108 |
| When a delay in the closing of a tax collection period | 9109 |
| becomes unavoidable, the tax commissioner, upon application of the | 9110 |
| county auditor and county treasurer, may extend the time for | 9111 |
|
payment of taxes if
| 9112 |
| have accrued or would otherwise accrue for reasons beyond the | 9113 |
| control of the taxpayers of the county. The order so issued by the | 9114 |
| commissioner shall prescribe the final extended date for the | 9115 |
| payment of taxes for that collection period. | 9116 |
| "Emergency," as used in this section, includes death or | 9117 |
| serious illness, any organized work stoppage, mechanical failure | 9118 |
| of office equipment or machinery, or a delay in complying with | 9119 |
| section 5715.24 or 5715.26 of the Revised Code which will cause an | 9120 |
| unavoidable delay in the delivery of duplicates or in the billing | 9121 |
| or collection of taxes. Such application shall contain a statement | 9122 |
| describing the emergency that will cause the unavoidable delay. | 9123 |
| Any application from the county auditor for an extension of time | 9124 |
| for delivery of the duplicate due to an emergency must be received | 9125 |
| by the tax commissioner on or before the last day of the month | 9126 |
| preceding the date required for such delivery. When an extension | 9127 |
| of time for delivery of the duplicate is so granted, the time for | 9128 |
| payment of taxes shall be extended for a like period of time. | 9129 |
| Whenever taxable real property has been destroyed or damaged | 9130 |
| by fire, flood, tornado, or otherwise, in an amount not less than | 9131 |
| twenty-five per cent of the value as listed and assessed for | 9132 |
| taxation but in no event less than two thousand dollars of taxable | 9133 |
| value, the county board of revision, by resolution, may extend the | 9134 |
| time for payment of taxes on such property not more than one year | 9135 |
| after the time fixed by section 323.12 of the Revised Code. The | 9136 |
| board shall file a copy of such resolution with the county auditor | 9137 |
| and county treasurer, stating the name of the owner and | 9138 |
| description as it appears on the tax list, the taxing district, | 9139 |
| the type and kind of property destroyed or damaged, and the | 9140 |
| board's estimate of the amount of such destruction or damage. | 9141 |
| Sec. 325.31. (A) On the first business day of each month, | 9142 |
| and at the end of the officer's term of office, each officer named | 9143 |
| in section 325.27 of the Revised Code shall pay into the county | 9144 |
| treasury, to the credit of the general county fund, on the warrant | 9145 |
| of the county auditor, all fees, costs, penalties, percentages, | 9146 |
| allowances, and perquisites collected by the officer's office | 9147 |
| during the preceding month or part thereof for official services, | 9148 |
| except the fees allowed the county auditor by division (B) of | 9149 |
| section 319.54 of the Revised Code, which shall be paid into the | 9150 |
| county treasury to the credit of the real estate assessment fund | 9151 |
| hereby created. | 9152 |
| (B) Moneys to the credit of the real estate assessment fund | 9153 |
| may be expended, upon appropriation by the board of county | 9154 |
| commissioners, for the purpose of defraying one or more of the | 9155 |
| following: | 9156 |
| (1) | 9157 |
| 9158 | |
| 9159 | |
| 9160 |
| | 9161 |
| incurred by the county auditor in preparing the list of real and | 9162 |
| public utility property, in administering laws related to the | 9163 |
| taxation of real property and the levying of special assessments | 9164 |
| on real property, including administering reductions under | 9165 |
| Chapters 319. and 323. and section 4503.065 of the Revised Code, | 9166 |
| and to support assessments of real property in any administrative | 9167 |
| or judicial proceeding; | 9168 |
| | 9169 |
| incurred by the county board of revision under Chapter 5715. of | 9170 |
| the Revised Code; | 9171 |
| | 9172 |
| incurred by the county auditor for geographic information systems, | 9173 |
| mapping programs, and technological advances in those or similar | 9174 |
| systems or programs; | 9175 |
| | 9176 |
| by the county auditor in compiling the general tax list of | 9177 |
| tangible personal property and administering tangible personal | 9178 |
| property taxes under Chapters 5711. and 5719. of the Revised Code; | 9179 |
| | 9180 |
| and fees incurred by the county auditor in the administration of | 9181 |
| estate taxes under Chapter 5731. of the Revised Code, including | 9182 |
| costs, expenses, and fees incurred under section 5731.41 of the | 9183 |
| Revised Code, and costs, expenses, and fees incurred in assessing | 9184 |
| real estate pursuant to Chapter 5713. of the Revised Code and | 9185 |
| manufactured and mobile homes pursuant to Chapter 4503. of the | 9186 |
| Revised Code. | 9187 |
| Any expenditures made from the real estate assessment fund | 9188 |
| shall comply with rules that the tax commissioner adopts under | 9189 |
| division (O) of section 5703.05 of the Revised Code. Those rules | 9190 |
| shall include a requirement that a copy of any appraisal plans, | 9191 |
| progress of work reports, contracts, or other documents required | 9192 |
| to be filed with the tax commissioner shall be filed also with the | 9193 |
| board of county commissioners. | 9194 |
| The board of county commissioners shall not transfer moneys | 9195 |
| required to be deposited in the real estate assessment fund to any | 9196 |
| other fund. Following an assessment of real property pursuant to | 9197 |
| Chapter 5713. of the Revised Code, or an assessment of a | 9198 |
| manufactured or mobile home pursuant to Chapter 4503. of the | 9199 |
| Revised Code, any moneys not expended for the purpose of defraying | 9200 |
| the cost incurred in assessing real estate or manufactured or | 9201 |
| mobile homes or for the purpose of defraying the expenses | 9202 |
| described in divisions (B)(1), (2), (3), (4), and (5) | 9203 |
| this section, and thereby remaining to the credit of the real | 9204 |
| estate assessment fund, shall be apportioned ratably and | 9205 |
| distributed to those taxing authorities that contributed to the | 9206 |
| fund. However, no such distribution shall be made if the amount of | 9207 |
| such unexpended moneys remaining to the credit of the real estate | 9208 |
| assessment fund does not exceed five thousand dollars. | 9209 |
| (C) None of the officers named in section 325.27 of the | 9210 |
| Revised Code shall collect any fees from the county. Each of such | 9211 |
| officers shall, at the end of each calendar year, make and file a | 9212 |
| sworn statement with the board of county commissioners of all such | 9213 |
| fees, costs, penalties, percentages, allowances, and perquisites | 9214 |
| which have been due in the officer's office and unpaid for more | 9215 |
| than one year prior to the date such statement is required to be | 9216 |
| made. | 9217 |
| Sec. 329.04. (A) The county department of job and family | 9218 |
| services shall have, exercise, and perform the following powers | 9219 |
| and duties: | 9220 |
| (1) Perform any duties assigned by the state department of | 9221 |
| job and family services regarding the provision of public family | 9222 |
| services, including the provision of the following services to | 9223 |
| prevent or reduce economic or personal dependency and to | 9224 |
| strengthen family life: | 9225 |
| (a) Services authorized by a Title IV-A program, as defined | 9226 |
| in section 5101.80 of the Revised Code; | 9227 |
| (b) Social services authorized by Title XX of the "Social | 9228 |
| Security Act" and provided for by section 5101.46 or 5101.461 of | 9229 |
| the Revised Code; | 9230 |
| (c) If the county department is designated as the child | 9231 |
| support enforcement agency, services authorized by Title IV-D of | 9232 |
| the "Social Security Act" and provided for by Chapter 3125. of the | 9233 |
| Revised Code. The county department may perform the services | 9234 |
| itself or contract with other government entities, and, pursuant | 9235 |
| to division (C) of section 2301.35 and section 2301.42 of the | 9236 |
| Revised Code, private entities, to perform the Title IV-D | 9237 |
| services. | 9238 |
| (d) Duties assigned under section 5111.98 of the Revised | 9239 |
| Code. | 9240 |
| (2) Administer disability financial assistance, as required | 9241 |
| by the state department of job and family services under section | 9242 |
| 5115.03 of the Revised Code; | 9243 |
| (3) | 9244 |
| 9245 | |
| 9246 |
| | 9247 |
| burials was, prior to September 12, 1947, imposed upon the board | 9248 |
| of county commissioners and if otherwise required by state law; | 9249 |
| | 9250 |
| matter relating to family services and to act as the agent of such | 9251 |
| authorities; | 9252 |
| | 9253 |
| the board of county commissioners and to the state department of | 9254 |
| job and family services at the close of each fiscal year; | 9255 |
| | 9256 |
| services duties or workforce development activities imposed upon | 9257 |
| the county department of job and family services by law, by | 9258 |
| resolution of the board of county commissioners, or by order of | 9259 |
| the governor, when authorized by law, to meet emergencies during | 9260 |
| war or peace; | 9261 |
| | 9262 |
| recipients of aid under Title XVI of the "Social Security Act"; | 9263 |
| | 9264 |
| services under section 5101.515 of the Revised Code, determine | 9265 |
| applicants' eligibility for health assistance under the children's | 9266 |
| health insurance program part II; | 9267 |
| | 9268 |
| county commissioners under section 307.983, consult with the board | 9269 |
| in the development of the transportation work plan developed under | 9270 |
| section 307.985, establish with the board procedures under section | 9271 |
| 307.986 for providing services to children whose families relocate | 9272 |
| frequently, and comply with the contracts the board enters into | 9273 |
| under sections 307.981 and 307.982 of the Revised Code that affect | 9274 |
| the county department; | 9275 |
| | 9276 |
| the board of county commissioners enters into under section 307.98 | 9277 |
| of the Revised Code, exercise the powers and perform the duties | 9278 |
| the fiscal agreement assigns to the county department; | 9279 |
| | 9280 |
| workforce development agency, provide the workforce development | 9281 |
| activities specified in the contract required by section 330.05 of | 9282 |
| the Revised Code. | 9283 |
| (B) The powers and duties of a county department of job and | 9284 |
| family services are, and shall be exercised and performed, under | 9285 |
| the control and direction of the board of county commissioners. | 9286 |
| The board may assign to the county department any power or duty of | 9287 |
| the board regarding family services duties and workforce | 9288 |
| development activities. If the new power or duty necessitates the | 9289 |
| state department of job and family services changing its federal | 9290 |
| cost allocation plan, the county department may not implement the | 9291 |
| power or duty unless the United States department of health and | 9292 |
| human services approves the changes. | 9293 |
| Sec. 329.051. The county department of job and family | 9294 |
| services shall make voter registration applications as prescribed | 9295 |
| by the secretary of state under section 3503.10 of the Revised | 9296 |
| Code available to persons who are applying for, receiving | 9297 |
| assistance from, or participating in any of the following: | 9298 |
| (A) The disability financial assistance program established | 9299 |
| under Chapter 5115. of the Revised Code; | 9300 |
| (B) | 9301 |
| 9302 |
| | 9303 |
| 5111. of the Revised Code; | 9304 |
| | 9305 |
| 5107. of the Revised Code; | 9306 |
| | 9307 |
| established under Chapter 5108. of the Revised Code. | 9308 |
| Sec. 339.72. (A) Each board of county commissioners shall | 9309 |
| provide for the county to be served by a tuberculosis control unit | 9310 |
| by designating a county tuberculosis control unit or by entering | 9311 |
| into an agreement with one or more boards of county commissioners | 9312 |
| of other counties under which the boards jointly designate a | 9313 |
| district tuberculosis control unit. The entity designated as the | 9314 |
| county or district tuberculosis control unit may be any of the | 9315 |
| following: | 9316 |
| (1) A communicable disease control program operated by a | 9317 |
| board of health of a city or general health district pursuant to | 9318 |
| section 3709.22 of the Revised Code; | 9319 |
| (2) | 9320 |
| 9321 |
| | 9322 |
| commissioners pursuant to section 339.76 of the Revised Code; | 9323 |
| | 9324 |
| under a contract with a board of county commissioners pursuant to | 9325 |
| section 339.75 of the Revised Code. | 9326 |
| (B) The entity designated under division (A) of this section | 9327 |
| as the tuberculosis control unit shall accept that designation and | 9328 |
| fulfill its duties as the tuberculosis control unit specified | 9329 |
| under sections 339.71 to 339.89 of the Revised Code. | 9330 |
| Sec. 339.73. Each county or district tuberculosis control | 9331 |
| unit shall ensure that tuberculosis treatment is made available to | 9332 |
| all individuals with tuberculosis who reside in the area served by | 9333 |
| the unit. In making treatment available, the tuberculosis control | 9334 |
| unit may provide the treatment or make referrals for receipt of | 9335 |
| treatment from other entities. The unit may make referrals for | 9336 |
| receipt of temporary housing. | 9337 |
| The tuberculosis treatment provided under this section is | 9338 |
| limited to cases of active tuberculosis and infected contacts and | 9339 |
| includes provision of antituberculosis medication, conduct of an | 9340 |
| investigation under section 339.80 of the Revised Code, provision | 9341 |
| of appropriate follow-up services for confirmed and suspected | 9342 |
| cases of active tuberculosis, and provision of services by a | 9343 |
| physician through a course of therapy that meets the standards for | 9344 |
| tuberculosis treatment established by the United States centers | 9345 |
| for disease control and prevention or the American thoracic | 9346 |
| society. | 9347 |
| The tuberculosis control unit shall serve all residents | 9348 |
| within its jurisdiction, regardless of the length of time that the | 9349 |
| individual has resided in the area or the individual's income and | 9350 |
| resources. An individual who receives tuberculosis treatment shall | 9351 |
| disclose to the tuberculosis control unit the identity of any | 9352 |
| third party against whom the individual has or may have a right of | 9353 |
| recovery for the treatment provided. The board of county | 9354 |
|
commissioners | 9355 |
| 9356 | |
| payment is not made through third-party benefits. | 9357 |
| Sec. 339.88. The expenses incurred for detention under | 9358 |
| section 339.86 or 339.87 of the Revised Code shall be paid by the | 9359 |
| individual detained or if the individual is indigent, by the board | 9360 |
| of county commissioners of the county from which the individual | 9361 |
| was removed. | 9362 |
| 9363 | |
| 9364 | |
| 9365 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 9366 |
| mental health after consultation with relevant constituencies as | 9367 |
| required by division (A)(11) of section 5119.06 of the Revised | 9368 |
| Code, with regard to mental health services, the board of alcohol, | 9369 |
| drug addiction, and mental health services shall: | 9370 |
| (1) Serve as the community mental health planning agency for | 9371 |
| the county or counties under its jurisdiction, and in so doing it | 9372 |
| shall: | 9373 |
| (a) Evaluate the need for facilities and community mental | 9374 |
| health services; | 9375 |
| (b) In cooperation with other local and regional planning and | 9376 |
| funding bodies and with relevant ethnic organizations, assess the | 9377 |
| community mental health needs, set priorities, and develop plans | 9378 |
| for the operation of facilities and community mental health | 9379 |
| services; | 9380 |
| (c) In accordance with guidelines issued by the director of | 9381 |
| mental health after consultation with board representatives, | 9382 |
| develop and submit to the department of mental health, no later | 9383 |
| than six months prior to the conclusion of the fiscal year in | 9384 |
| which the board's current plan is scheduled to expire, a community | 9385 |
| mental health plan listing community mental health needs, | 9386 |
| including the needs of all residents of the district now residing | 9387 |
| in state mental institutions and severely mentally disabled | 9388 |
| adults, children, and adolescents; all children subject to a | 9389 |
| determination made pursuant to section 121.38 of the Revised Code; | 9390 |
| and all the facilities and community mental health services that | 9391 |
| are or will be in operation or provided during the period for | 9392 |
| which the plan will be in operation in the service district to | 9393 |
| meet such needs. | 9394 |
| The plan shall include, but not be limited to, a statement of | 9395 |
| which of the services listed in section 340.09 of the Revised Code | 9396 |
| the board intends to provide or purchase, an explanation of how | 9397 |
| the board intends to make any payments that it may be required to | 9398 |
| pay under section 5119.62 of the Revised Code, a statement of the | 9399 |
| inpatient and community-based services the board proposes that the | 9400 |
| department operate, an assessment of the number and types of | 9401 |
| residential facilities needed, and such other information as the | 9402 |
| department requests, and a budget for moneys the board expects to | 9403 |
| receive. The board shall also submit an allocation request for | 9404 |
| state and federal funds. Within sixty days after the department's | 9405 |
| determination that the plan and allocation request are complete, | 9406 |
| the department shall approve or disapprove the plan and request, | 9407 |
| in whole or in part, according to the criteria developed pursuant | 9408 |
| to section 5119.61 of the Revised Code. The department's statement | 9409 |
| of approval or disapproval shall specify the inpatient and the | 9410 |
| community-based services that the department will operate for the | 9411 |
| board. Eligibility for financial support shall be contingent upon | 9412 |
| an approved plan or relevant part of a plan. | 9413 |
| If the director disapproves all or part of any plan, the | 9414 |
| director shall inform the board of the reasons for the disapproval | 9415 |
| and of the criteria that must be met before the plan may be | 9416 |
| approved. The director shall provide the board an opportunity to | 9417 |
| present its case on behalf of the plan. The director shall give | 9418 |
| the board a reasonable time in which to meet the criteria, and | 9419 |
| shall offer the board technical assistance to help it meet the | 9420 |
| criteria. | 9421 |
| If the approval of a plan remains in dispute thirty days | 9422 |
| prior to the conclusion of the fiscal year in which the board's | 9423 |
| current plan is scheduled to expire, the board or the director may | 9424 |
| request that the dispute be submitted to a mutually agreed upon | 9425 |
| third-party mediator with the cost to be shared by the board and | 9426 |
| the department. The mediator shall issue to the board and the | 9427 |
| department recommendations for resolution of the dispute. Prior to | 9428 |
| the conclusion of the fiscal year in which the current plan is | 9429 |
| scheduled to expire, the director, taking into consideration the | 9430 |
| recommendations of the mediator, shall make a final determination | 9431 |
| and approve or disapprove the plan, in whole or in part. | 9432 |
| If a board determines that it is necessary to amend a plan or | 9433 |
| an allocation request that has been approved under division | 9434 |
| (A)(1)(c) of this section, the board shall submit a proposed | 9435 |
| amendment to the director. The director may approve or disapprove | 9436 |
| all or part of the amendment. If the director does not approve all | 9437 |
| or part of the amendment within thirty days after it is submitted, | 9438 |
| the amendment or part of it shall be considered to have been | 9439 |
| approved. The director shall inform the board of the reasons for | 9440 |
| disapproval of all or part of an amendment and of the criteria | 9441 |
| that must be met before the amendment may be approved. The | 9442 |
| director shall provide the board an opportunity to present its | 9443 |
| case on behalf of the amendment. The director shall give the board | 9444 |
| a reasonable time in which to meet the criteria, and shall offer | 9445 |
| the board technical assistance to help it meet the criteria. | 9446 |
| The board shall implement the plan approved by the | 9447 |
| department. | 9448 |
| (d) Receive, compile, and transmit to the department of | 9449 |
| mental health applications for state reimbursement; | 9450 |
| (e) Promote, arrange, and implement working agreements with | 9451 |
| social agencies, both public and private, and with judicial | 9452 |
| agencies. | 9453 |
| (2) Investigate, or request another agency to investigate, | 9454 |
| any complaint alleging abuse or neglect of any person receiving | 9455 |
| services from a community mental health agency as defined in | 9456 |
| section 5122.01 of the Revised Code, or from a residential | 9457 |
| facility licensed under section 5119.22 of the Revised Code. If | 9458 |
| the investigation substantiates the charge of abuse or neglect, | 9459 |
| the board shall take whatever action it determines is necessary to | 9460 |
| correct the situation, including notification of the appropriate | 9461 |
| authorities. Upon request, the board shall provide information | 9462 |
| about such investigations to the department. | 9463 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 9464 |
| cooperate with the director of mental health in visiting and | 9465 |
| evaluating whether the services of a community mental health | 9466 |
| agency satisfy the certification standards established by rules | 9467 |
| adopted under that section; | 9468 |
| (4) In accordance with criteria established under division | 9469 |
| (G) of section 5119.61 of the Revised Code, review and evaluate | 9470 |
| the quality, effectiveness, and efficiency of services provided | 9471 |
| through its community mental health plan and submit its findings | 9472 |
| and recommendations to the department of mental health; | 9473 |
| (5) In accordance with section 5119.22 of the Revised Code, | 9474 |
| review applications for residential facility licenses and | 9475 |
| recommend to the department of mental health approval or | 9476 |
| disapproval of applications; | 9477 |
| (6) Audit, in accordance with rules adopted by the auditor of | 9478 |
| state pursuant to section 117.20 of the Revised Code, at least | 9479 |
| annually all programs and services provided under contract with | 9480 |
| the board. In so doing, the board may contract for or employ the | 9481 |
| services of private auditors. A copy of the fiscal audit report | 9482 |
| shall be provided to the director of mental health, the auditor of | 9483 |
| state, and the county auditor of each county in the board's | 9484 |
| district. | 9485 |
| (7) Recruit and promote local financial support for mental | 9486 |
| health programs from private and public sources; | 9487 |
| (8)(a) Enter into contracts with public and private | 9488 |
| facilities for the operation of facility services included in the | 9489 |
| board's community mental health plan and enter into contracts with | 9490 |
| public and private community mental health agencies for the | 9491 |
| provision of community mental health services listed in section | 9492 |
| 340.09 of the Revised Code and included in the board's community | 9493 |
| mental health plan. Contracts with community mental health | 9494 |
| agencies are subject to section 5119.611 of the Revised Code. | 9495 |
| Section 307.86 of the Revised Code does not apply to contracts | 9496 |
| entered into under this division. In contracting with a community | 9497 |
| mental health agency, a board shall consider the cost | 9498 |
| effectiveness of services provided by that agency and the quality | 9499 |
| and continuity of care, and may review cost elements, including | 9500 |
| salary costs, of the services to be provided. A utilization review | 9501 |
| process shall be established as part of the contract for services | 9502 |
| entered into between a board and a community mental health agency. | 9503 |
| The board may establish this process in a way that is most | 9504 |
| effective and efficient in meeting local needs. In the case of a | 9505 |
| contract with a community mental health facility, as defined in | 9506 |
|
section | 9507 |
| listed in division (B) of that section, the contract shall provide | 9508 |
| for the facility to be paid in accordance with the contract | 9509 |
| entered into between the departments of job and family services | 9510 |
| and mental health under section 5111.91 of the Revised Code and | 9511 |
| any rules adopted under division (A) of section 5119.61 of the | 9512 |
| Revised Code. | 9513 |
| If either the board or a facility or community mental health | 9514 |
| agency with which the board contracts under division (A)(8)(a) of | 9515 |
| this section proposes not to renew the contract or proposes | 9516 |
| substantial changes in contract terms, the other party shall be | 9517 |
| given written notice at least one hundred twenty days before the | 9518 |
| expiration date of the contract. During the first sixty days of | 9519 |
| this one hundred twenty-day period, both parties shall attempt to | 9520 |
| resolve any dispute through good faith collaboration and | 9521 |
| negotiation in order to continue to provide services to persons in | 9522 |
| need. If the dispute has not been resolved sixty days before the | 9523 |
| expiration date of the contract, either party may notify the | 9524 |
| department of mental health of the unresolved dispute. The | 9525 |
| director may require both parties to submit the dispute to a third | 9526 |
| party with the cost to be shared by the board and the facility or | 9527 |
| community mental health agency. The third party shall issue to the | 9528 |
| board, the facility or agency, and the department recommendations | 9529 |
| on how the dispute may be resolved twenty days prior to the | 9530 |
| expiration date of the contract, unless both parties agree to a | 9531 |
| time extension. The director shall adopt rules establishing the | 9532 |
| procedures of this dispute resolution process. | 9533 |
| (b) With the prior approval of the director of mental health, | 9534 |
| a board may operate a facility or provide a community mental | 9535 |
| health service as follows, if there is no other qualified private | 9536 |
| or public facility or community mental health agency that is | 9537 |
| immediately available and willing to operate such a facility or | 9538 |
| provide the service: | 9539 |
| (i) In an emergency situation, any board may operate a | 9540 |
| facility or provide a community mental health service in order to | 9541 |
| provide essential services for the duration of the emergency; | 9542 |
| (ii) In a service district with a population of at least one | 9543 |
| hundred thousand but less than five hundred thousand, a board may | 9544 |
| operate a facility or provide a community mental health service | 9545 |
| for no longer than one year; | 9546 |
| (iii) In a service district with a population of less than | 9547 |
| one hundred thousand, a board may operate a facility or provide a | 9548 |
| community mental health service for no longer than one year, | 9549 |
| except that such a board may operate a facility or provide a | 9550 |
| community mental health service for more than one year with the | 9551 |
| prior approval of the director and the prior approval of the board | 9552 |
| of county commissioners, or of a majority of the boards of county | 9553 |
| commissioners if the district is a joint-county district. | 9554 |
| The director shall not give a board approval to operate a | 9555 |
| facility or provide a community mental health service under | 9556 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 9557 |
| director determines that it is not feasible to have the department | 9558 |
| operate the facility or provide the service. | 9559 |
| The director shall not give a board approval to operate a | 9560 |
| facility or provide a community mental health service under | 9561 |
| division (A)(8)(b)(iii) of this section unless the director | 9562 |
| determines that the board will provide greater administrative | 9563 |
| efficiency and more or better services than would be available if | 9564 |
| the board contracted with a private or public facility or | 9565 |
| community mental health agency. | 9566 |
| The director shall not give a board approval to operate a | 9567 |
| facility previously operated by a person or other government | 9568 |
| entity unless the board has established to the director's | 9569 |
| satisfaction that the person or other government entity cannot | 9570 |
| effectively operate the facility or that the person or other | 9571 |
| government entity has requested the board to take over operation | 9572 |
| of the facility. The director shall not give a board approval to | 9573 |
| provide a community mental health service previously provided by a | 9574 |
| community mental health agency unless the board has established to | 9575 |
| the director's satisfaction that the agency cannot effectively | 9576 |
| provide the service or that the agency has requested the board | 9577 |
| take over providing the service. | 9578 |
| The director shall review and evaluate a board's operation of | 9579 |
| a facility and provision of community mental health service under | 9580 |
| division (A)(8)(b) of this section. | 9581 |
| Nothing in division (A)(8)(b) of this section authorizes a | 9582 |
| board to administer or direct the daily operation of any facility | 9583 |
| or community mental health agency, but a facility or agency may | 9584 |
| contract with a board to receive administrative services or staff | 9585 |
| direction from the board under the direction of the governing body | 9586 |
| of the facility or agency. | 9587 |
| (9) Approve fee schedules and related charges or adopt a unit | 9588 |
| cost schedule or other methods of payment for contract services | 9589 |
| provided by community mental health agencies in accordance with | 9590 |
| guidelines issued by the department as necessary to comply with | 9591 |
| state and federal laws pertaining to financial assistance; | 9592 |
| (10) Submit to the director and the county commissioners of | 9593 |
| the county or counties served by the board, and make available to | 9594 |
| the public, an annual report of the programs under the | 9595 |
| jurisdiction of the board, including a fiscal accounting; | 9596 |
| (11) Establish, to the extent resources are available, a | 9597 |
| community support system, which provides for treatment, support, | 9598 |
| and rehabilitation services and opportunities. The essential | 9599 |
| elements of the system include, but are not limited to, the | 9600 |
| following components in accordance with section 5119.06 of the | 9601 |
| Revised Code: | 9602 |
| (a) To locate persons in need of mental health services to | 9603 |
| inform them of available services and benefits mechanisms; | 9604 |
| (b) Assistance for clients to obtain services necessary to | 9605 |
| meet basic human needs for food, clothing, shelter, medical care, | 9606 |
| personal safety, and income; | 9607 |
| (c) Mental health care, including, but not limited to, | 9608 |
| outpatient, partial hospitalization, and, where appropriate, | 9609 |
| inpatient care; | 9610 |
| (d) Emergency services and crisis intervention; | 9611 |
| (e) Assistance for clients to obtain vocational services and | 9612 |
| opportunities for jobs; | 9613 |
| (f) The provision of services designed to develop social, | 9614 |
| community, and personal living skills; | 9615 |
| (g) Access to a wide range of housing and the provision of | 9616 |
| residential treatment and support; | 9617 |
| (h) Support, assistance, consultation, and education for | 9618 |
| families, friends, consumers of mental health services, and | 9619 |
| others; | 9620 |
| (i) Recognition and encouragement of families, friends, | 9621 |
| neighborhood networks, especially networks that include racial and | 9622 |
| ethnic minorities, churches, community organizations, and | 9623 |
| meaningful employment as natural supports for consumers of mental | 9624 |
| health services; | 9625 |
| (j) Grievance procedures and protection of the rights of | 9626 |
| consumers of mental health services; | 9627 |
| (k) Case management, which includes continual individualized | 9628 |
| assistance and advocacy to ensure that needed services are offered | 9629 |
| and procured. | 9630 |
| (12) Designate the treatment program, agency, or facility for | 9631 |
| each person involuntarily committed to the board pursuant to | 9632 |
| Chapter 5122. of the Revised Code and authorize payment for such | 9633 |
| treatment. The board shall provide the least restrictive and most | 9634 |
| appropriate alternative that is available for any person | 9635 |
| involuntarily committed to it and shall assure that the services | 9636 |
| listed in section 340.09 of the Revised Code are available to | 9637 |
| severely mentally disabled persons residing within its service | 9638 |
| district. The board shall establish the procedure for authorizing | 9639 |
| payment for services, which may include prior authorization in | 9640 |
| appropriate circumstances. The board may provide for services | 9641 |
| directly to a severely mentally disabled person when life or | 9642 |
| safety is endangered and when no community mental health agency is | 9643 |
| available to provide the service. | 9644 |
| (13) Establish a method for evaluating referrals for | 9645 |
| involuntary commitment and affidavits filed pursuant to section | 9646 |
| 5122.11 of the Revised Code in order to assist the probate | 9647 |
| division of the court of common pleas in determining whether there | 9648 |
| is probable cause that a respondent is subject to involuntary | 9649 |
| hospitalization and what alternative treatment is available and | 9650 |
| appropriate, if any; | 9651 |
| (14) Ensure that apartments or rooms built, subsidized, | 9652 |
| renovated, rented, owned, or leased by the board or a community | 9653 |
| mental health agency have been approved as meeting minimum fire | 9654 |
| safety standards and that persons residing in the rooms or | 9655 |
| apartments are receiving appropriate and necessary services, | 9656 |
| including culturally relevant services, from a community mental | 9657 |
| health agency. This division does not apply to residential | 9658 |
| facilities licensed pursuant to section 5119.22 of the Revised | 9659 |
| Code. | 9660 |
| (15) Establish a mechanism for involvement of consumer | 9661 |
| recommendation and advice on matters pertaining to mental health | 9662 |
| services in the alcohol, drug addiction, and mental health service | 9663 |
| district; | 9664 |
| (16) Perform the duties under section 3722.18 of the Revised | 9665 |
| Code required by rules adopted under section 5119.61 of the | 9666 |
| Revised Code regarding referrals by the board or mental health | 9667 |
| agencies under contract with the board of individuals with mental | 9668 |
| illness or severe mental disability to adult care facilities and | 9669 |
| effective arrangements for ongoing mental health services for the | 9670 |
| individuals. The board is accountable in the manner specified in | 9671 |
| the rules for ensuring that the ongoing mental health services are | 9672 |
| effectively arranged for the individuals. | 9673 |
| (B) The board shall establish such rules, operating | 9674 |
| procedures, standards, and bylaws, and perform such other duties | 9675 |
| as may be necessary or proper to carry out the purposes of this | 9676 |
| chapter. | 9677 |
| (C) A board of alcohol, drug addiction, and mental health | 9678 |
| services may receive by gift, grant, devise, or bequest any | 9679 |
| moneys, lands, or property for the benefit of the purposes for | 9680 |
| which the board is established, and may hold and apply it | 9681 |
| according to the terms of the gift, grant, or bequest. All money | 9682 |
| received, including accrued interest, by gift, grant, or bequest | 9683 |
| shall be deposited in the treasury of the county, the treasurer of | 9684 |
| which is custodian of the alcohol, drug addiction, and mental | 9685 |
| health services funds to the credit of the board and shall be | 9686 |
| available for use by the board for purposes stated by the donor or | 9687 |
| grantor. | 9688 |
| (D) No board member or employee of a board of alcohol, drug | 9689 |
| addiction, and mental health services shall be liable for injury | 9690 |
| or damages caused by any action or inaction taken within the scope | 9691 |
| of the board member's official duties or the employee's | 9692 |
| employment, whether or not such action or inaction is expressly | 9693 |
| authorized by this section, section 340.033, or any other section | 9694 |
| of the Revised Code, unless such action or inaction constitutes | 9695 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 9696 |
| applies to any action or inaction by a board member or employee of | 9697 |
| a board taken within the scope of the board member's official | 9698 |
| duties or employee's employment. For the purposes of this | 9699 |
| division, the conduct of a board member or employee shall not be | 9700 |
| considered willful or wanton misconduct if the board member or | 9701 |
| employee acted in good faith and in a manner that the board member | 9702 |
| or employee reasonably believed was in or was not opposed to the | 9703 |
| best interests of the board and, with respect to any criminal | 9704 |
| action or proceeding, had no reasonable cause to believe the | 9705 |
| conduct was unlawful. | 9706 |
| (E) The meetings held by any committee established by a board | 9707 |
| of alcohol, drug addiction, and mental health services shall be | 9708 |
| considered to be meetings of a public body subject to section | 9709 |
| 121.22 of the Revised Code. | 9710 |
| Sec. 340.16. Not later than ninety days after
| 9711 |
| 9712 | |
| health and the department of job and family services shall adopt | 9713 |
| rules that establish requirements and procedures for prior | 9714 |
| notification and service coordination between public children | 9715 |
| services agencies and boards of alcohol, drug addiction, and | 9716 |
| mental health services when a public children services agency | 9717 |
| refers a child in its custody to a board for services funded by | 9718 |
| the board. The rules shall be adopted in accordance with Chapter | 9719 |
| 119. of the Revised Code. | 9720 |
| The department of mental health and department of job and | 9721 |
| family services shall collaborate in formulating a plan that | 9722 |
| delineates the funding responsibilities of public children | 9723 |
| services agencies and boards of alcohol, drug addiction, and | 9724 |
| mental health services for services provided under section | 9725 |
| 9726 | |
| of public children services agencies. The departments shall | 9727 |
| complete the
plan not later than ninety days after
| 9728 |
| 9729 |
| Sec. 341.192. (A) As used in this section: | 9730 |
| (1) "Medical assistance program" has the same meaning as in | 9731 |
| section 2913.40 of the Revised Code. | 9732 |
| (2) "Medical provider" means a physician, hospital, | 9733 |
| laboratory, pharmacy, or other health care provider that is not | 9734 |
| employed by or under contract to a county to provide medical | 9735 |
| services to persons confined in the county jail and that is a | 9736 |
| medicaid provider under the medical assistance program. | 9737 |
| (3) "Necessary care" means medical care of a nonelective | 9738 |
| nature that cannot be postponed until after the period of | 9739 |
| confinement of a person who is confined in a county jail or in the | 9740 |
| custody of a law enforcement officer without endangering the life | 9741 |
| or health of the person. | 9742 |
| (B) If a physician employed by or under contract to a county | 9743 |
| to provide medical services to persons confined in the county jail | 9744 |
| determines that a person who is confined in the county jail or who | 9745 |
| is in the custody of a law enforcement officer prior to the | 9746 |
| person's confinement in the county jail requires necessary care | 9747 |
| that the physician cannot provide, the necessary care shall be | 9748 |
| provided by a medical provider. The county shall pay a medical | 9749 |
| provider for necessary care an amount not exceeding the authorized | 9750 |
| reimbursement rate for the same service established by the | 9751 |
| department of job and family services under the medical assistance | 9752 |
| program. | 9753 |
| Sec. 718.09. (A) This section applies to either of the | 9754 |
| following: | 9755 |
| (1) A municipal corporation that shares the same territory as | 9756 |
| a city, local, or exempted village school district, to the extent | 9757 |
| that not more than five per cent of the territory of the municipal | 9758 |
| corporation is located outside the school district and not more | 9759 |
| than five per cent of the territory of the school district is | 9760 |
| located outside the municipal corporation; | 9761 |
| (2) A municipal corporation that shares the same territory as | 9762 |
| a city, local, or exempted village school district, to the extent | 9763 |
| that not more than five per cent of the territory of the municipal | 9764 |
| corporation is located outside the school district, more than five | 9765 |
| per cent but not more than ten per cent of the territory of the | 9766 |
| school district is located outside the municipal corporation, and | 9767 |
| that portion of the territory of the school district that is | 9768 |
| located outside the municipal corporation is located entirely | 9769 |
| within another municipal corporation having a population of four | 9770 |
| hundred thousand or more according to the federal decennial census | 9771 |
| most recently completed before the agreement is entered into under | 9772 |
| division (B) of this section. | 9773 |
| (B) | 9774 |
| a municipal corporation to which this section applies may propose | 9775 |
| to the electors an income tax, one of the purposes of which shall | 9776 |
| be to provide financial assistance to the school district through | 9777 |
| payment to the district of not less than twenty-five per cent of | 9778 |
| the revenue generated by the tax. Prior to proposing the tax, the | 9779 |
| legislative authority shall negotiate and enter into a written | 9780 |
| agreement with the board of education of the school district | 9781 |
| specifying the tax rate, the percentage of tax revenue to be paid | 9782 |
| to the school district, the purpose for which the school district | 9783 |
| will use the money, the first year the tax will be levied, the | 9784 |
| date of the special election on the question of the tax, and the | 9785 |
| method and schedule by which the municipal corporation will make | 9786 |
| payments to the school district. The special election shall be | 9787 |
|
held | 9788 |
| section 3501.01 of the Revised Code, except that the special | 9789 |
| election may not be held on the day for holding a primary election | 9790 |
| as authorized by the municipal corporation's charter unless the | 9791 |
| municipal corporation is to have a primary election on that day. | 9792 |
| After the legislative authority and board of education have | 9793 |
| entered into the agreement, the legislative authority shall | 9794 |
| provide for levying the tax by ordinance. The ordinance shall | 9795 |
| state the tax rate, the percentage of tax revenue to be paid to | 9796 |
| the school district, the purpose for which the municipal | 9797 |
| corporation will use its share of the tax revenue, the first year | 9798 |
| the tax will be levied, and that the question of the income tax | 9799 |
| will be submitted to the electors of the municipal corporation. | 9800 |
| The legislative authority also shall adopt a resolution specifying | 9801 |
| the regular or special election date the election will be held and | 9802 |
| directing the board of elections to conduct the election. At least | 9803 |
| seventy-five days before the date of the election, the legislative | 9804 |
| authority shall file certified copies of the ordinance and | 9805 |
| resolution with the board of elections. | 9806 |
| (C) The board of elections shall make the necessary | 9807 |
| arrangements for the submission of the question to the electors of | 9808 |
| the municipal corporation, and shall conduct the election in the | 9809 |
| same manner as any other municipal income tax election. Notice of | 9810 |
| the election shall be published in a newspaper of general | 9811 |
| circulation in the municipal corporation once a week for four | 9812 |
| consecutive weeks prior to the election, and shall include | 9813 |
| statements of the rate and municipal corporation and school | 9814 |
| district purposes of the income tax, the percentage of tax revenue | 9815 |
| that will be paid to the school district, and the first year the | 9816 |
| tax will be levied. The ballot shall be in the following form: | 9817 |
| "Shall the ordinance providing for a ..... per cent levy on | 9818 |
| income for (brief description of the municipal corporation and | 9819 |
| school district purposes of the levy, including a statement of the | 9820 |
| percentage of tax revenue that will be paid to the school | 9821 |
| district) be passed? | 9822 |
| 9823 |
| For the income tax | 9824 | ||||
| Against the income tax | " | 9825 |
| 9826 |
| (D) If the question is approved by a majority of the | 9827 |
| electors, the municipal corporation shall impose the income tax | 9828 |
| beginning in the year specified in the ordinance. The proceeds of | 9829 |
| the levy may be used only for the specified purposes, including | 9830 |
| payment of the specified percentage to the school district. | 9831 |
| Sec. 718.10. (A) This section applies to a group of two or | 9832 |
| more municipal corporations that, taken together, share the same | 9833 |
| territory as a single city, local, or exempted village school | 9834 |
| district, to the extent that not more than five per cent of the | 9835 |
| territory of the municipal corporations as a group is located | 9836 |
| outside the school district and not more than five per cent of the | 9837 |
| territory of the school district is located outside the municipal | 9838 |
| corporations as a group. | 9839 |
| (B) | 9840 |
| of the municipal corporations in a group of municipal corporations | 9841 |
| to which this section applies each may propose to the electors an | 9842 |
| income tax, to be levied in concert with income taxes in the other | 9843 |
| municipal corporations of the group. One of the purposes of such a | 9844 |
| tax shall be to provide financial assistance to the school | 9845 |
| district through payment to the district of not less than | 9846 |
| twenty-five per cent of the revenue generated by the tax. Prior to | 9847 |
| proposing the taxes, the legislative authorities shall negotiate | 9848 |
| and enter into a written agreement with each other and with the | 9849 |
| board of education of the school district specifying the tax rate, | 9850 |
| the percentage of the tax revenue to be paid to the school | 9851 |
| district, the first year the tax will be levied, and the date of | 9852 |
| the election on the question of the tax, all of which shall be the | 9853 |
| same for each municipal corporation. The agreement also shall | 9854 |
| state the purpose for which the school district will use the | 9855 |
| money, and specify the method and schedule by which each municipal | 9856 |
| corporation will make payments to the school district. The special | 9857 |
| election shall be held | 9858 |
| in division (D) of section 3501.01 of the Revised Code, including | 9859 |
| a day on which all of the municipal corporations are to have a | 9860 |
| primary election. | 9861 |
| After the legislative authorities and board of education have | 9862 |
| entered into the agreement, each legislative authority shall | 9863 |
| provide for levying its tax by ordinance. Each ordinance shall | 9864 |
| state the rate of the tax, the percentage of tax revenue to be | 9865 |
| paid to the school district, the purpose for which the municipal | 9866 |
| corporation will use its share of the tax revenue, and the first | 9867 |
| year the tax will be levied. Each ordinance also shall state that | 9868 |
| the question of the income tax will be submitted to the electors | 9869 |
| of the municipal corporation on the same date as the submission of | 9870 |
| questions of an identical tax to the electors of each of the other | 9871 |
| municipal corporations in the group, and that unless the electors | 9872 |
| of all of the municipal corporations in the group approve the tax | 9873 |
| in their respective municipal corporations, none of the municipal | 9874 |
| corporations in the group shall levy the tax. Each legislative | 9875 |
| authority also shall adopt a resolution specifying the regular or | 9876 |
| special election date the election will be held and directing the | 9877 |
| board of elections to conduct the election. At least seventy-five | 9878 |
| days before the date of the election, each legislative authority | 9879 |
| shall file certified copies of the ordinance and resolution with | 9880 |
| the board of elections. | 9881 |
| (C) For each of the municipal corporations, the board of | 9882 |
| elections shall make the necessary arrangements for the submission | 9883 |
| of the question to the electors, and shall conduct the election in | 9884 |
| the same manner as any other municipal income tax election. For | 9885 |
| each of the municipal corporations, notice of the election shall | 9886 |
| be published in a newspaper of general circulation in the | 9887 |
| municipal corporation once a week for four consecutive weeks prior | 9888 |
| to the election. The notice shall include a statement of the rate | 9889 |
| and municipal corporation and school district purposes of the | 9890 |
| income tax, the percentage of tax revenue that will be paid to the | 9891 |
| school district, and the first year the tax will be levied, and an | 9892 |
| explanation that the tax will not be levied unless an identical | 9893 |
| tax is approved by the electors of each of the other municipal | 9894 |
| corporations in the group. The ballot shall be in the following | 9895 |
| form: | 9896 |
| "Shall the ordinance providing for a ... per cent levy on | 9897 |
| income for (brief description of the municipal corporation and | 9898 |
| school district purposes of the levy, including a statement of the | 9899 |
| percentage of income tax revenue that will be paid to the school | 9900 |
| district) be passed? In order for the income tax to be levied, the | 9901 |
| voters of (the other municipal corporations in the group), which | 9902 |
| are also in the (name of the school district) school district, | 9903 |
| must approve an identical income tax and agree to pay the same | 9904 |
| percentage of the tax revenue to the school district. | 9905 |
| 9906 |
| For the income tax | 9907 | ||||
| Against the income tax | " | 9908 |
| 9909 |
| (D) If the question is approved by a majority of the electors | 9910 |
| and identical taxes are approved by a majority of the electors in | 9911 |
| each of the other municipal corporations in the group, the | 9912 |
| municipal corporation shall impose the tax beginning in the year | 9913 |
| specified in the ordinance. The proceeds of the levy may be used | 9914 |
| only for the specified purposes, including payment of the | 9915 |
| specified percentage to the school district. | 9916 |
| Sec. 723.52. Before letting or making any contract for the | 9917 |
| construction, reconstruction, widening, resurfacing, or repair of | 9918 |
| a street or other public way, the director of public service in a | 9919 |
| city, or the legislative authority in a village, shall make an | 9920 |
| estimate of the cost of such work using the force account project | 9921 |
| assessment form developed by the auditor of state under section | 9922 |
| 117.16 of the Revised Code. In municipal corporations having an | 9923 |
| engineer, or an officer having a different title but the duties | 9924 |
| and functions of an engineer, the estimate shall be made by the | 9925 |
| engineer or other officer. Where the total estimated cost of any | 9926 |
| such work is thirty thousand dollars or the adjusted amount | 9927 |
| certified under section 117.162 of the Revised Code or less than | 9928 |
| that amount, the proper officers may proceed by force account. | 9929 |
| Where the total estimated cost of any such work exceeds | 9930 |
| thirty thousand dollars or the adjusted amount certified under | 9931 |
| section 117.162 of the Revised Code, the proper officers of the | 9932 |
| municipal corporation shall be required to invite and receive | 9933 |
| competitive bids for furnishing all the labor, materials, and | 9934 |
| equipment and doing the work, after newspaper advertisement as | 9935 |
| provided by law. The officers shall consider and may reject such | 9936 |
| bids. If the bids are rejected, the officers may order the work | 9937 |
| done by force account or direct labor. When such bids are | 9938 |
| received, considered, and rejected, and the work done by force | 9939 |
| account or direct labor, such work shall be performed in | 9940 |
| compliance with the plans and specifications upon which the bids | 9941 |
| were based. It shall be unlawful to divide a street or connecting | 9942 |
| streets into separate sections for the purpose of defeating this | 9943 |
| section and section 723.53 of the Revised Code. | 9944 |
| "Street," as used in such sections, includes portions of | 9945 |
| connecting streets on which the same or similar construction, | 9946 |
| reconstruction, widening, resurfacing, or repair is planned or | 9947 |
| projected. | 9948 |
| Sec. 723.53. Where the proper officers of any municipal | 9949 |
| corporation construct, reconstruct, widen, resurface, or repair a | 9950 |
| street or other public way by force account or direct labor, and | 9951 |
| the estimated cost of the work as defined in section 723.52 of the | 9952 |
| Revised Code exceeds thirty thousand dollars or the adjusted | 9953 |
| amount certified under section 117.162 of the Revised Code, such | 9954 |
| municipal authorities shall cause to be kept by the engineer of | 9955 |
| the municipal corporation, or other officer or employee of the | 9956 |
| municipal corporation in charge of such work, a complete and | 9957 |
| accurate account, in detail, of the cost of doing the work. The | 9958 |
| account shall include labor, materials, freight, fuel, hauling, | 9959 |
| overhead expense, workers' compensation premiums, and all other | 9960 |
| items of cost and expense, including a reasonable allowance for | 9961 |
| the use of all tools and equipment used on or in connection with | 9962 |
| such work and for the depreciation on the tools and equipment. The | 9963 |
| engineer or other officer or employee shall keep such account, and | 9964 |
| within ninety days after the completion of any such work shall | 9965 |
| prepare a detailed and itemized statement of such cost and file | 9966 |
| the statement with the officer or board vested with authority to | 9967 |
| direct the doing of the work in question. Such officer or board | 9968 |
| shall thereupon examine the statement, correct it if necessary, | 9969 |
| and file it in the office of the officer or board. Such statement | 9970 |
| shall be kept on file for not less than two years and shall be | 9971 |
| open to public inspection. | 9972 |
| This section and section 723.52 of the Revised Code do not | 9973 |
| apply to any municipal corporations having a charter form of | 9974 |
| government. | 9975 |
| Sec. 742.59. The board of trustees of the Ohio police and | 9976 |
| fire pension fund shall be the trustee of the funds created as | 9977 |
| follows: | 9978 |
| (A) The "police officers' contribution fund" is the fund in | 9979 |
| which shall be credited the contributions deducted from the | 9980 |
| salaries of members of police departments and paid into the Ohio | 9981 |
| police and fire pension fund, as provided by section 742.31 of the | 9982 |
| Revised Code, and that percentage of the employers' accrued | 9983 |
| liability that is attributable to deductions previously made from | 9984 |
| the salaries of members of the police department who are still in | 9985 |
| the active service at the time that portion of the employers' | 9986 |
| accrued liability is paid. The accumulated contributions of a | 9987 |
| member of a police department shall be transferred at the member's | 9988 |
| retirement from the police officers' contribution fund to the | 9989 |
| police officers' pension reserve fund. | 9990 |
| (B) The "firefighters' contribution fund" is the fund in | 9991 |
| which shall be credited contributions deducted from the salaries | 9992 |
| of members of fire departments and paid into the Ohio police and | 9993 |
| fire pension fund, as provided by section 742.31 of the Revised | 9994 |
| Code, and that percentage of the employers' accrued liability that | 9995 |
| is attributable to deductions previously made from the salaries of | 9996 |
| members of the fire department who are still in the active service | 9997 |
| at the time that portion of the employers' accrued liability is | 9998 |
| paid. The accumulated contributions of a member of a fire | 9999 |
| department shall be transferred at the member's retirement from | 10000 |
| the firefighters' contribution fund to the firefighters' pension | 10001 |
| reserve fund. | 10002 |
| (C) The "police officer employers' contribution fund" is the | 10003 |
| fund to which the following shall be credited: | 10004 |
| (1) The police officer employers' contribution, as provided | 10005 |
|
by section 742.33 of the Revised Code | 10006 |
| (2) The percentage of the employers' accrued liability that | 10007 |
| is attributable to the employers' liability for prior service of | 10008 |
| members of the police department who are still in the active | 10009 |
| service at the time that portion of the employers' accrued | 10010 |
| liability is paid | 10011 |
| 10012 | |
| 10013 | |
| 10014 |
| In the police officer employers' contribution fund shall | 10015 |
| accumulate the reserves held in trust for the payment of all | 10016 |
| pensions or other benefits provided by sections 742.01 to 742.61 | 10017 |
| of the Revised Code to members of a police department retiring in | 10018 |
| the future or their qualified beneficiaries and from which the | 10019 |
| reserves for such pensions and other benefits shall be transferred | 10020 |
| to the police officers' pension reserve fund. | 10021 |
| (D) The "firefighter employers' contribution fund" is the | 10022 |
| fund to which the following shall be credited: | 10023 |
| (1) The firefighter employers' contribution, as provided in | 10024 |
|
section 742.34 of the Revised Code | 10025 |
| (2) The percentage of the employers' accrued liability that | 10026 |
| is attributable to the employers' liability for prior service for | 10027 |
| members of the fire department who are still in the active service | 10028 |
| at the time that portion of the employers' accrued liability is | 10029 |
| paid | 10030 |
| 10031 | |
| 10032 |
| In the firefighter employers' contribution fund shall | 10033 |
| accumulate the reserves held in trust for the payment of all | 10034 |
| pensions and other benefits provided by sections 742.01 to 742.61 | 10035 |
| of the Revised Code to members of a fire department retiring in | 10036 |
| the future or their qualified beneficiaries and from which the | 10037 |
| reserves for such pensions and other benefits shall be transferred | 10038 |
| to the firefighters' pension reserve fund. | 10039 |
| (E) The "police officers' pension reserve fund" is the fund | 10040 |
| from which shall be paid all pensions and other benefits for which | 10041 |
| reserves have been transferred from the police officers' | 10042 |
| contribution fund and the police officer employers' contribution | 10043 |
| fund, and to which shall be credited that percentage of the | 10044 |
| employers' accrued liability that is attributable to the total of | 10045 |
| deductions previously made from the salaries of members of the | 10046 |
| police department who are retired and are receiving pensions or | 10047 |
| other benefits, or whose beneficiaries are receiving benefits, at | 10048 |
| the time that portion of the employers' accrued liability is paid, | 10049 |
| and that percentage of the employers' accrued liability that is | 10050 |
| attributable to prior service of members of the police department | 10051 |
| who are retired and are receiving pensions or other benefits, or | 10052 |
| whose beneficiaries are receiving benefits, at the time that | 10053 |
| portion of the employers' accrued liability is paid. | 10054 |
| (F) The "firefighters' pension reserve fund" is the fund from | 10055 |
| which shall be paid all pensions and other benefits for which | 10056 |
| reserves have been transferred from the firefighters' contribution | 10057 |
| fund and the firefighter employers' contribution fund, and to | 10058 |
| which shall be credited that percentage of the employers' accrued | 10059 |
| liability that is attributable to the total of deductions | 10060 |
| previously made from the salaries of members of the fire | 10061 |
| department who are retired and are receiving pensions or other | 10062 |
| benefits, or whose beneficiaries are receiving benefits, at the | 10063 |
| time that portion of the employers' accrued liability is paid, and | 10064 |
| that percentage of the employers' accrued liability that is | 10065 |
| attributable to prior service of members of the fire department | 10066 |
| who are retired and are receiving pensions or other benefits, or | 10067 |
| whose beneficiaries are receiving benefits, at the time that | 10068 |
| portion of the employers' accrued liability is paid. | 10069 |
| (G) The "guarantee fund" is the fund from which interest is | 10070 |
| transferred and credited on the amounts in the funds described in | 10071 |
| divisions (C), (D), (E), and (F) of this section, and is a | 10072 |
| contingent fund from which the special requirements of said funds | 10073 |
| may be paid by transfer from this fund. All income derived from | 10074 |
| the investment of funds by the board of trustees of the Ohio | 10075 |
| police and fire pension fund as trustee under section 742.11 of | 10076 |
| the Revised Code, together with all gifts and bequests or the | 10077 |
| income therefrom, shall be paid into this fund. | 10078 |
| Any deficit occurring in any other fund that will not be | 10079 |
| covered by payments to that fund, as otherwise provided by | 10080 |
| sections 742.01 to 742.61 of the Revised Code, shall be paid by | 10081 |
| transfers of amounts from the guarantee fund to such fund or | 10082 |
| funds. Should the amount in the guarantee fund be insufficient at | 10083 |
| any time to meet the amounts payable therefrom, the amount of such | 10084 |
| deficiency, with regular interest, shall be paid by an additional | 10085 |
| employer rate of current contribution as determined by the actuary | 10086 |
| and shall be approved by the board of trustees of the Ohio police | 10087 |
| and fire pension fund, and the amount of such additional employer | 10088 |
| contribution shall be credited to the guarantee fund. | 10089 |
| The board may accept gifts and bequests. Any funds that may | 10090 |
| come into the possession of the board in this manner, or any other | 10091 |
| funds whose disposition is not otherwise provided for, shall be | 10092 |
| credited to the guarantee fund. | 10093 |
| (H) The "expense fund" is the fund from which shall be paid | 10094 |
| the expenses for the administration and management of the Ohio | 10095 |
| police and fire pension fund, as provided by sections 742.01 to | 10096 |
| 742.61 of the Revised Code, and to which shall be credited from | 10097 |
| the guarantee fund an amount sufficient to pay the expenses of | 10098 |
| operation. | 10099 |
| Sec. 901.43. (A) The director of agriculture may authorize | 10100 |
| any department of agriculture laboratory to perform a laboratory | 10101 |
| service for any person, organization, political subdivision, state | 10102 |
| agency, federal agency, or other entity, whether public or | 10103 |
| private. The director shall adopt and enforce rules to provide for | 10104 |
| the rendering of a laboratory service. | 10105 |
| (B) The director may charge a reasonable fee for the | 10106 |
| performance of a laboratory service, except when the service is | 10107 |
| performed on an official sample taken by the director acting | 10108 |
| pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 10109 |
| Revised Code; by a board of health acting as the licensor of | 10110 |
| retail food establishments or food service operations under | 10111 |
| Chapter 3717. of the Revised Code; or by the director of health | 10112 |
| acting as the licensor of food service operations under Chapter | 10113 |
| 3717. of the Revised Code. The director of agriculture shall adopt | 10114 |
| rules specifying what constitutes an official sample. | 10115 |
| The director shall publish a list of laboratory services | 10116 |
| offered, together with the fee for each service. | 10117 |
| (C) The director may enter into a contract with any person, | 10118 |
| organization, political subdivision, state agency, federal agency, | 10119 |
| or other entity for the provision of a laboratory service. | 10120 |
| (D)(1) The director may adopt rules establishing standards | 10121 |
| for accreditation of laboratories and laboratory services and in | 10122 |
| doing so may adopt by reference existing or recognized standards | 10123 |
| or practices. | 10124 |
| (2) The director may inspect and accredit laboratories and | 10125 |
| laboratory services, and may charge a reasonable fee for the | 10126 |
| inspections and accreditation. | 10127 |
| (E)(1) | 10128 |
| animal and consumer analytical laboratory service fund. Moneys | 10129 |
| from the following sources shall be deposited into the state | 10130 |
| treasury to the credit of the fund: all moneys collected by the | 10131 |
| director under this section that are from fees generated by a | 10132 |
| laboratory service performed by the department and related to the | 10133 |
| diseases of
animals, | 10134 |
| fees generated for the inspection and accreditation of | 10135 |
| laboratories and laboratory services related to the diseases of | 10136 |
| animals, | 10137 |
| 10138 | |
| 10139 | |
| 10140 | |
| 10141 |
| | 10142 |
| section that are from fees generated by a laboratory service | 10143 |
| performed by the consumer analytical laboratory, and all moneys so | 10144 |
| collected that are from fees generated for the inspection and | 10145 |
| accreditation of laboratories and laboratory services not related | 10146 |
| to weights
and
measures | 10147 |
| 10148 | |
| 10149 | |
| fund | 10150 |
| animal industry laboratory and the consumer analytical laboratory, | 10151 |
| including the purchase of supplies and equipment. | 10152 |
| | 10153 |
| section that are from fees generated by a laboratory service | 10154 |
| performed by the weights and measures laboratory, and all moneys | 10155 |
| so collected that are from fees generated for the inspection and | 10156 |
| accreditation of laboratories and laboratory services related to | 10157 |
| weights and measures, shall be deposited in the state treasury to | 10158 |
| the credit of the weights and measures laboratory fund, which is | 10159 |
| hereby created in the state treasury. The moneys held in the fund | 10160 |
| may be used to pay the expenses necessary to operate the division | 10161 |
| of weights and measures, including the purchase of supplies and | 10162 |
| equipment. | 10163 |
| Sec. 901.44. There is hereby created in the state treasury | 10164 |
| the laboratory and administrative support fund. The department of | 10165 |
| agriculture shall deposit the following moneys received by the | 10166 |
| department to the credit of the fund: payment for the rental of | 10167 |
| the department's auditoriums by outside parties and reimbursement | 10168 |
| for related utility expenses, laboratory fees that are not | 10169 |
| designated for deposit into another fund, and other miscellaneous | 10170 |
| moneys that are not designated for deposit into another fund. The | 10171 |
| department may use moneys in the fund to pay costs associated with | 10172 |
| any program of the department as the director of agriculture sees | 10173 |
| fit. | 10174 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 10175 |
| in this state any type of fertilizer until a license to | 10176 |
| manufacture or distribute has been obtained by the manufacturer or | 10177 |
| distributor from the department of agriculture upon payment of a | 10178 |
| five dollar fee: | 10179 |
| (1) For each fixed (permanent) location at which fertilizer | 10180 |
| is manufactured in this state; | 10181 |
| (2) For each mobile unit used to manufacture fertilizer in | 10182 |
| this state; | 10183 |
| (3) For each location out of the state from which fertilizer | 10184 |
| is distributed in this state to nonlicensees. | 10185 |
| All licenses | 10186 |
| shall be valid for one year beginning on the first day of December | 10187 |
| of a calendar year through the thirtieth day of November of the | 10188 |
| following calendar year. A renewal application for a license shall | 10189 |
| be submitted | 10190 |
| no later than the thirtieth day of
| 10191 |
| person who submits a renewal application for a license after the | 10192 |
|
thirtieth day of | 10193 |
| a late filing fee of ten dollars. | 10194 |
| (B) An application for license shall include: | 10195 |
| (1) The name and address of the licensee; | 10196 |
| (2) The name and address of each bulk distribution point in | 10197 |
| the state, not licensed for fertilizer manufacture and | 10198 |
| distribution. | 10199 |
| The name and address shown on the license shall be shown on | 10200 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 10201 |
| distributed by the licensee in this state. | 10202 |
| (C) The licensee shall inform the director of agriculture in | 10203 |
| writing of additional distribution points established during the | 10204 |
| period of the license. | 10205 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 10206 |
| section, no person shall distribute in this state a specialty | 10207 |
| fertilizer until it is registered by the manufacturer or | 10208 |
| distributor with the department of agriculture. An application, in | 10209 |
| duplicate, for each brand and product name of each grade of | 10210 |
| specialty fertilizer shall be made on a form furnished by the | 10211 |
| director of agriculture and shall be accompanied with a fee of | 10212 |
| fifty dollars for each brand and product name of each grade. | 10213 |
| Labels for each brand and product name of each grade shall | 10214 |
| accompany the application. Upon the approval of an application by | 10215 |
| the director, a copy of the registration shall be furnished the | 10216 |
| applicant. All
registrations | 10217 |
| 10218 | |
| December of a calendar year through the thirtieth day of November | 10219 |
| of the following calendar year. | 10220 |
| (B) An application for registration shall include the | 10221 |
| following: | 10222 |
| (1) Name and address of the manufacturer or distributor; | 10223 |
| (2) The brand and product name; | 10224 |
| (3) The grade; | 10225 |
| (4) The guaranteed analysis; | 10226 |
| (5) The package sizes for persons that package fertilizers | 10227 |
| only in containers of ten pounds or less. | 10228 |
| (C)(1) No person who engages in the business of applying | 10229 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 10230 |
| or other real property that is not used for agricultural | 10231 |
| production shall be required to register the custom mixed | 10232 |
| fertilizer as a specialty fertilizer in accordance with division | 10233 |
| (A) of this section if the fertilizer ingredients of the custom | 10234 |
| mixed fertilizer are registered as specialty fertilizers and the | 10235 |
| inspection fee described in division (A) of section 905.36 of the | 10236 |
| Revised Code is paid. | 10237 |
| (2) No person who engages in the business of blending custom | 10238 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 10239 |
| or other real property that is not used for agricultural | 10240 |
| production shall be required to register the custom mixed | 10241 |
| fertilizer as a specialty fertilizer in accordance with division | 10242 |
| (A) of this section if the facility holds a nonagricultural | 10243 |
| production custom mixed fertilizer blender license issued under | 10244 |
| section 905.331 of the Revised Code. | 10245 |
| (D) A person who engages in the business of applying or | 10246 |
| blending custom mixed fertilizer as described in division (C) of | 10247 |
| this section shall maintain an original or a copy of an invoice or | 10248 |
| document of sale for all fertilizer the person applies or | 10249 |
| distributes for one year following the date of the application or | 10250 |
| distribution, and, upon the director's request, shall furnish the | 10251 |
| director with the invoice or document of sale for the director's | 10252 |
| review. | 10253 |
| Sec. 905.331. No person who engages in the business of | 10254 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 10255 |
| recreation areas, or other real property that is not used for | 10256 |
| agricultural production shall fail to register a specialty | 10257 |
| fertilizer in accordance with division (A) of section 905.33 of | 10258 |
| the
Revised Code
unless the person has obtained | 10259 |
| nonagricultural production custom mixed fertilizer blender license | 10260 |
| from the director of agriculture. | 10261 |
| A license issued under this section shall be valid from the | 10262 |
| first day of December of a calendar year through the thirtieth day | 10263 |
| of November of the following calendar year. A renewal application | 10264 |
| for a nonagricultural production custom mixed fertilizer blender | 10265 |
| license shall be submitted to the director | 10266 |
| 10267 | |
| 10268 | |
| the applicant and of the premises where the blending occurs and a | 10269 |
| one-hundred-dollar fee. A person who submits a renewal application | 10270 |
| for a
license after the thirtieth day of
| 10271 |
| include with the application a late filing fee of ten dollars. All | 10272 |
| nonagricultural production custom mixed fertilizer blender | 10273 |
|
licenses expire on the thirtieth day of | 10274 |
| year. | 10275 |
| A person holding a nonagricultural production custom mixed | 10276 |
| fertilizer blender license shall pay the inspection fees described | 10277 |
| in division (A) of section 905.36 of the Revised Code for each | 10278 |
| product being blended. | 10279 |
| Sec. 905.36. (A) A licensee or registrant, except | 10280 |
| registrants who package specialty fertilizers only in containers | 10281 |
| of ten pounds or less, shall pay the director of agriculture for | 10282 |
| all fertilizers distributed in this state an inspection fee at the | 10283 |
| rate of | 10284 |
| cents per metric ton. Licensees and registrants shall specify on | 10285 |
| an invoice whether the per ton inspection fee has been paid or | 10286 |
| whether payment of the fee is the responsibility of the purchaser | 10287 |
| of the fertilizer. The payment of this inspection fee by a | 10288 |
| licensee or registrant shall exempt all other persons from the | 10289 |
| payment of this fee. | 10290 |
| (B) Every licensee or registrant
shall file | 10291 |
| 10292 | |
| the number of net tons or metric tons of fertilizer distributed to | 10293 |
| nonlicensees or nonregistrants in this state by grade; packaged; | 10294 |
| bulk, dry or liquid | 10295 |
| 10296 | |
| 10297 | |
| the thirtieth day of November of each calendar year and shall | 10298 |
| include data from the period beginning on the first day of | 10299 |
| November of the year preceding the year in which the report is due | 10300 |
| through the thirty-first day of October of the year in which the | 10301 |
| report is due. The licensee or registrant, except registrants who | 10302 |
| package specialty fertilizers only in containers of ten pounds or | 10303 |
| less, shall include with this statement the inspection fee at the | 10304 |
| rate stated in division (A) of this section. For a tonnage report | 10305 |
| that is not filed or payment of inspection fees that is not made | 10306 |
| 10307 | |
| November of the applicable calendar year, a penalty of fifty | 10308 |
| dollars or ten per cent of the amount due, whichever is greater, | 10309 |
| shall be assessed against the licensee or registrant. The amount | 10310 |
| of fees due, plus penalty, shall constitute a debt and become the | 10311 |
| basis of a judgment against the licensee or registrant. For | 10312 |
| tonnage reports found to be incorrect, a penalty of fifteen per | 10313 |
| cent of the amount due shall be assessed against the licensee or | 10314 |
| registrant and shall constitute a debt and become the basis of a | 10315 |
| judgment against the licensee or registrant. | 10316 |
| (C) No information furnished under this section shall be | 10317 |
| disclosed by any employee of the department of agriculture in such | 10318 |
| a way as to divulge the operation of any person required to make | 10319 |
| such a report. The filing by a licensee or registrant of a sales | 10320 |
| volume tonnage statement required by division (B) of this section | 10321 |
| thereby grants permission to the director to verify the same with | 10322 |
| the records of the licensee or registrant. | 10323 |
| Sec. 905.37. (A) The director of agriculture | 10324 |
| distribute annual statements of fertilizer sales by grades of | 10325 |
| materials and mixed fertilizer by counties, in a manner prescribed | 10326 |
| by the director. | 10327 |
| (B) The director | 10328 |
| of the analysis of fertilizers inspected. | 10329 |
| (C) The director may distribute a state fertilizer usage | 10330 |
| report by grade of materials and mixed fertilizers for each month. | 10331 |
| Sec. 905.38. The commercial feed, fertilizer, seed, and lime | 10332 |
| inspection and laboratory fund is hereby created in the state | 10333 |
| treasury. All moneys collected by the director of agriculture | 10334 |
| under sections 905.31 to 905.50 of the Revised Code, shall be | 10335 |
| deposited into the fund. Moneys credited to the fund under this | 10336 |
| section and sections 905.66, 907.16, and 923.46 of the Revised | 10337 |
| Code shall be used for administering and enforcing this chapter | 10338 |
| and
| 10339 |
| adopted under them. | 10340 |
| Sec. 905.381. The director of agriculture shall keep | 10341 |
| accurate accounts of all receipts and disbursements from the | 10342 |
| commercial feed, fertilizer, seed, and lime inspection and | 10343 |
| laboratory fund, and shall prepare, and provide upon request, an | 10344 |
| annual report classifying the receipts and disbursements as | 10345 |
| pertaining to either feed, fertilizer, seed, or lime. | 10346 |
| Sec. 905.50. If the director of agriculture has taken an | 10347 |
| official sample of a fertilizer or mixed fertilizer and determined | 10348 |
| that it constitutes mislabeled fertilizer pursuant to rules | 10349 |
| adopted under section 905.40 of the Revised Code, the person who | 10350 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 10351 |
| the consumer of the mislabeled fertilizer or, if the consumer | 10352 |
| cannot be determined with reasonable diligence or is not | 10353 |
| available, to the director for deposit into the commercial feed, | 10354 |
| fertilizer, seed, and lime inspection and laboratory fund created | 10355 |
| under section 905.38 of the Revised Code. The amount of the | 10356 |
| penalty shall be calculated in accordance with either division (A) | 10357 |
| or (B) of this section, whichever method of calculation yields the | 10358 |
| largest amount. | 10359 |
| (A)(1) A penalty required to be paid under this section may | 10360 |
| be calculated as follows: | 10361 |
| (a) Five dollars for each percentage point of total nitrogen | 10362 |
| or phosphorus in the fertilizer that is below the percentage of | 10363 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 10364 |
| number of tons of mislabeled fertilizer that have been sold to the | 10365 |
| consumer; | 10366 |
| (b) Three dollars for each percentage point of potash in the | 10367 |
| fertilizer that is below the percentage of potash guaranteed on | 10368 |
| the label, multiplied by the number of tons of mislabeled | 10369 |
| fertilizer that have been sold to the consumer. | 10370 |
| (2) In the case of a fertilizer that contains a quantity of | 10371 |
| nitrogen, phosphorus, or potash that is more than five percentage | 10372 |
| points below the percentages guaranteed on the label, the | 10373 |
| penalties calculated under division (A)(1) of this section shall | 10374 |
| be tripled. | 10375 |
| (3) No penalty calculated under division (A) of this section | 10376 |
| shall be less than twenty-five dollars. | 10377 |
| (B) A penalty required to be paid under this section may be | 10378 |
| calculated by multiplying the market value of one unit of the | 10379 |
| mislabeled fertilizer by the number of units of the mislabeled | 10380 |
| fertilizer that have been sold to the consumer. | 10381 |
| (C) Upon making a determination under this section that a | 10382 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 10383 |
| shall determine the parties to whom the penalty imposed by this | 10384 |
| section is required to be paid and, in accordance with division | 10385 |
| (A) or (B) of this section, as applicable, shall calculate the | 10386 |
| amount of the penalty required to be paid to each such party. | 10387 |
| After completing those determinations and calculations, the | 10388 |
| director shall issue to the person who allegedly mislabeled the | 10389 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 10390 |
| shall be accompanied by an order requiring, and specifying the | 10391 |
| manner of, payment of the penalty imposed by this section to the | 10392 |
| parties in the amounts set forth in the determinations and | 10393 |
| calculations required by this division. The order shall be issued | 10394 |
| in accordance with Chapter 119. of the Revised Code. | 10395 |
| No person shall violate a term or condition of an order | 10396 |
| issued under this division. | 10397 |
| Sec. 905.501. (A) As used in this section | 10398 |
| (1) "Political subdivision" means a county, township, or | 10399 |
| municipal corporation and any other body corporate and politic | 10400 |
| that is responsible for government activities in a geographic area | 10401 |
| smaller than that of the state. | 10402 |
| (2) "Local legislation" includes, but is not limited to, an | 10403 |
| ordinance, resolution, regulation, rule, motion, or amendment that | 10404 |
| is enacted or adopted by a political subdivision. | 10405 |
| (B)(1) No political subdivision shall regulate the | 10406 |
| registration, packaging, labeling, sale, storage, distribution, | 10407 |
| use, or application of fertilizer, or require a person licensed or | 10408 |
| registered under sections 905.31 to 905.99 of the Revised Code to | 10409 |
| obtain a license or permit to operate in a manner described in | 10410 |
| those sections, or to satisfy any other condition except as | 10411 |
| provided by a statute or rule of this state or of the United | 10412 |
| States. | 10413 |
| (2) No political subdivision shall enact, adopt, or continue | 10414 |
| in effect local legislation relating to the registration, | 10415 |
| packaging, labeling, sale, storage, distribution, use, or | 10416 |
| application of fertilizers. | 10417 |
| Sec. 905.66. All moneys collected by the director of | 10418 |
| agriculture under sections 905.51 to 905.65 of the Revised Code | 10419 |
| shall be deposited into the commercial feed, fertilizer, seed, and | 10420 |
| lime inspection and laboratory fund created under section 905.38 | 10421 |
| of the Revised Code. | 10422 |
| The director shall prepare and provide a report concerning | 10423 |
| the fund in accordance with section 905.381 of the Revised Code. | 10424 |
| Sec. 907.111. (A) The department of agriculture has sole and | 10425 |
| exclusive authority to regulate the registration, labeling, sale, | 10426 |
| storage, transportation, distribution, notification of use, use, | 10427 |
| and planting of seed within the state. The regulation of seed is a | 10428 |
| matter of general statewide interest that requires uniform | 10429 |
| statewide regulation, and this chapter and rules adopted under it | 10430 |
| constitute a comprehensive plan with respect to all aspects of the | 10431 |
| regulation of seed within this state. | 10432 |
| (B) No political subdivision shall do any of the following: | 10433 |
| (1) Regulate the registration, labeling, sale, storage, | 10434 |
| transportation, distribution, notification of use, use, or | 10435 |
| planting of seed; | 10436 |
| (2) Require a person who has been issued a permit or license | 10437 |
| under this chapter to obtain a permit or license to operate in a | 10438 |
| manner described in this chapter or to satisfy any other condition | 10439 |
| except as provided by a statute or rule of this state or of the | 10440 |
| United States; | 10441 |
| (3) Require a person who has registered a legume innoculant | 10442 |
| under this chapter to register that innoculant in a manner | 10443 |
| described in this chapter or to satisfy any other condition except | 10444 |
| as provided by a statute or rule of this state or of the United | 10445 |
| States. | 10446 |
| (C) No political subdivision shall enact, adopt, or continue | 10447 |
| in effect local legislation relating to the permitting or | 10448 |
| licensure of any person who is required to obtain a permit or | 10449 |
| license under this chapter or to the registration, labeling, sale, | 10450 |
| storage, transportation, distribution, notification of use, use, | 10451 |
| or planting of seed. | 10452 |
| (D) As used in this section, "political subdivision" and | 10453 |
| "local legislation" have the same meanings as in section 905.501 | 10454 |
| of the Revised Code. | 10455 |
| Sec. 907.16. All money collected by the director of | 10456 |
| agriculture under sections 907.01 to 907.17 of the Revised Code | 10457 |
| shall be deposited into the treasury of the state to the credit of | 10458 |
| the commercial feed, fertilizer, seed, and lime inspection and | 10459 |
| laboratory fund | 10460 |
| 10461 | |
| 10462 | |
| Revised Code. | 10463 |
| Sec. 911.02. Each person, firm, partnership, or corporation | 10464 |
| that owns or operates a bakery shall register each bakery that it | 10465 |
| owns or operates with the director of agriculture. For the | 10466 |
| registration, the owner or operator of each bakery shall pay an | 10467 |
| annual fee of | 10468 |
| one thousand pounds of bakery product per hour or less and an | 10469 |
| annual fee of | 10470 |
| bakery product per hour capacity, or part thereof, in excess of | 10471 |
| one thousand pounds of bakery product per hour. | 10472 |
| Any person who owns or operates a home bakery with only one | 10473 |
| oven, in a stove of ordinary home kitchen design and located in a | 10474 |
| home, used for the baking of baked goods to be sold, shall pay a | 10475 |
|
sum of | 10476 |
| the capacity of the home bakery oven. The registration shall be | 10477 |
| renewed annually by the thirtieth day of September and shall be | 10478 |
| renewed according to the standard renewal procedure of Chapter | 10479 |
| 4745. of the Revised Code. The registration of the bakery shall | 10480 |
| show the location, including municipal corporation, street, and | 10481 |
| number, the name of the owner, and the name of the operator. The | 10482 |
| application for registration shall be made on a form prescribed | 10483 |
| and provided by the director. All moneys received from | 10484 |
| registration fees and fines collected under sections 911.01 to | 10485 |
| 911.20 of the Revised Code shall be deposited with the treasurer | 10486 |
| of state to the credit of the food safety fund created in section | 10487 |
| 915.24 of the Revised Code. All annual renewal registration fees | 10488 |
| required by this section shall be paid by the applicant for the | 10489 |
| renewal to the treasurer of state for deposit into the food safety | 10490 |
| fund. | 10491 |
| No bakery product that is manufactured in an out-of-state | 10492 |
| bakery shall be sold or offered for sale within this state unless | 10493 |
| the bakery is in compliance with sections 911.01 to 911.20 of the | 10494 |
| Revised Code, and is registered, having paid the annual | 10495 |
| registration fee. | 10496 |
| Registration of out-of-state bakeries is not required if a | 10497 |
| reciprocal agreement is in effect whereby a bakery located in this | 10498 |
| state is not subject to a license or registration fee by the | 10499 |
| receiving state or a political subdivision thereof. | 10500 |
| Sec. 913.02. No person, firm, or corporation shall engage in | 10501 |
| the business of operating a cannery without obtaining a license | 10502 |
| for the operation of each cannery from the director of | 10503 |
| agriculture. | 10504 |
| In order to obtain a license, an application shall be made on | 10505 |
| a form prescribed by the director and shall be accompanied by a | 10506 |
| fee of | 10507 |
| an investigation to be made. If the applicant is supplied with the | 10508 |
| facilities necessary for complying with sections 913.01 to 913.05 | 10509 |
| of the Revised Code and rules adopted under them, a license shall | 10510 |
| be issued and shall be effective until the thirtieth day of June, | 10511 |
| and shall become invalid on that date unless renewed. The fee for | 10512 |
| each renewal is | 10513 |
| fees shall be deposited to the credit of the food safety fund | 10514 |
| created in section 915.24 of the Revised Code. | 10515 |
| The director may suspend or revoke any license for failure to | 10516 |
| comply with sections 913.01 to 913.05 of the Revised Code, or any | 10517 |
| rule or order adopted under those sections. In such event, the | 10518 |
| cannery immediately shall cease operation. | 10519 |
| Sec. 913.23. (A) The director of agriculture may issue | 10520 |
| licenses as required by sections 913.22 to 913.28 of the Revised | 10521 |
| Code, may make the inspections and registrations required by those | 10522 |
| sections, and may prescribe the form of application to be filed | 10523 |
| under this section. | 10524 |
| (B) No person shall manufacture or bottle for sale within | 10525 |
| this state any soft drink in closed containers unless the person | 10526 |
| has a license issued by the director. Upon receipt of an | 10527 |
| application for such a license, the director shall examine the | 10528 |
| products and the place of manufacture where the business is to be | 10529 |
| conducted, to determine whether the products and place comply with | 10530 |
| sections 913.22 to 913.28 of the Revised Code. Upon finding there | 10531 |
| is
compliance, and upon payment of a license fee of | 10532 |
| hundred dollars, the director shall issue a license authorizing | 10533 |
| the applicant to manufacture or bottle for sale such soft drinks, | 10534 |
| subject to sections 913.22 to 913.28 of the Revised Code. The | 10535 |
| license shall expire on the last day of March of each year unless | 10536 |
| renewed. | 10537 |
| (C) No soft drink that is manufactured or bottled out of the | 10538 |
| state shall be sold or offered for sale within this state unless | 10539 |
| the soft drink and the plant in which the soft drink is | 10540 |
| manufactured or bottled are found by the director to comply with | 10541 |
| sections 913.22
to 913.28 of the Revised Code, and | 10542 |
| registered by the director, which shall be upon a like application | 10543 |
| as provided in division (B) of this section. | 10544 |
| An annual registration fee of | 10545 |
| be paid to the director by each applicant under this division. The | 10546 |
| registration shall be renewed annually, and the registration fee | 10547 |
| paid with the application for annual renewal. | 10548 |
| Registration of out-of-state soft drink manufacturers or | 10549 |
| bottlers or syrup and extract manufacturers is not required if a | 10550 |
| reciprocal agreement is in effect whereby a soft drink | 10551 |
| manufacturer or bottler or syrup and extract manufacturer located | 10552 |
| in this state is not subject to a license or registration fee by | 10553 |
| another state or a political subdivision thereof. | 10554 |
| (D) No person, other than a manufacturer or bottler holding a | 10555 |
| soft drink plant license under this section, shall sell, offer for | 10556 |
| sale, use, or have in the person's possession with intent to sell, | 10557 |
| any soda water syrup or extract or soft drink syrup, to be used in | 10558 |
| making, drawing, or dispensing soda water or other soft drinks, | 10559 |
| without first registering the person's name and address, the name | 10560 |
| and address of the manufacturer of the syrup or extract, the | 10561 |
| number and variety of such syrups or extracts intended to be sold, | 10562 |
| and the trade name or brand of those products, with the director, | 10563 |
| together with such samples of the syrups or extracts as the | 10564 |
| director requests for analysis. The person also shall pay to the | 10565 |
| department of agriculture at the time of making registration a | 10566 |
| license fee of
| 10567 |
| granted by the director unless the director determines that the | 10568 |
| syrup or extract is free from all harmful drugs and other | 10569 |
| ingredients that, as used, may be injurious to health. The | 10570 |
| registration shall be renewed annually upon like terms. If any | 10571 |
| manufacturer, bottler, agent, or seller is licensed or has | 10572 |
| registered the manufacturer's, bottler's, agent's, or seller's | 10573 |
| name and product as required by this section and has paid the | 10574 |
| manufacturer's, bottler's, agent's, or seller's fee, the | 10575 |
| manufacturer's, bottler's, agent's, or seller's distributor, | 10576 |
| retail agent, or retail seller using the products shall not be | 10577 |
| required to pay that fee. This section does not apply to local | 10578 |
| sellers of soft drinks as to syrups and extracts made by | 10579 |
| themselves for their own use exclusively. | 10580 |
| (E) All moneys received under sections 913.22 to 913.28 of | 10581 |
| the Revised Code shall be deposited with the treasurer of state to | 10582 |
| the credit of the food safety fund created in section 915.24 of | 10583 |
| the Revised Code. | 10584 |
| (F) The director may revoke any license or registration | 10585 |
| issued under sections 913.22 to 913.28 of the Revised Code, | 10586 |
| whenever the director determines that those sections have been | 10587 |
| violated. When a license has been revoked, the licensee shall | 10588 |
| discontinue the manufacture and sale of soft drinks or other | 10589 |
| products for which the license was issued. When a registration has | 10590 |
| been revoked, the registrant shall discontinue the sale within | 10591 |
| this state of the registrant's products until those sections have | 10592 |
| been complied with and a new license or registration has been | 10593 |
| issued. The director may suspend any such license or registration | 10594 |
| temporarily, pending compliance with such conditions required by | 10595 |
| those sections as the director prescribes. | 10596 |
| Sec. 915.02. No person, firm, or corporation shall operate a | 10597 |
| cold-storage warehouse, for hire, without a license issued by the | 10598 |
| director of agriculture.
| 10599 |
| written application stating the location
of | 10600 |
| Upon receipt of the application the director shall cause an | 10601 |
| examination to be made into the sanitary conditions of | 10602 |
| warehouse. If it is found to be in a sanitary condition and | 10603 |
| properly equipped for the purpose of cold storage, the director | 10604 |
| shall cause a license to be issued authorizing the applicant to | 10605 |
| operate a warehouse. No license shall be issued until the | 10606 |
| applicant has paid to the director the sum of | 10607 |
| dollars.
| 10608 |
| of each year and becomes invalid on that date unless renewed. A | 10609 |
| license shall be required for each separate warehouse building. | 10610 |
| Sec. 915.16. The license fee for an establishment is | 10611 |
| 10612 | |
| with a cold-storage warehouse holding a license under section | 10613 |
| 915.02 of the Revised Code is not required to secure an additional | 10614 |
| license
under section 915.15 of the Revised Code so long as | 10615 |
| operator continues to be licensed as a cold-storage warehouse; but | 10616 |
| 10617 | |
| 10618 | |
| promulgated thereunder. The license issued shall be in such form | 10619 |
| as the department of agriculture prescribes. Licenses shall be | 10620 |
| valid until the last day of November following initial issuance or | 10621 |
| renewal and shall become invalid on that date unless renewed. The | 10622 |
| original license or a certified copy thereof shall be | 10623 |
| conspicuously displayed by the operator in the establishment. | 10624 |
| Sec. 915.24. (A) There is hereby created in the state | 10625 |
| treasury the food safety fund. All of the following moneys shall | 10626 |
| be credited to the fund: | 10627 |
| (1) Bakery registration fees and fines received under | 10628 |
| sections 911.02 to 911.20 of the Revised Code; | 10629 |
| (2) Cannery license fees and renewal fees received under | 10630 |
| sections 913.01 to 913.05 of the Revised Code; | 10631 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 10632 |
| Revised Code; | 10633 |
| (4) License fees, fines, and penalties recovered for the | 10634 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 10635 |
| (5) License fees collected under sections 915.14 to 915.23 of | 10636 |
| the Revised Code; | 10637 |
| (6) License fees, other fees, and fines collected by or for | 10638 |
| the director of agriculture under Chapter 3717. of the Revised | 10639 |
| Code; | 10640 |
| (7) Fees collected under section 3715.04 of the Revised Code | 10641 |
| for the issuance of certificates of health and freesale. | 10642 |
| (B) The director of agriculture shall use the moneys | 10643 |
| deposited into the food safety fund to administer and enforce the | 10644 |
| laws pursuant to which the moneys were collected. | 10645 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 10646 |
| within this state unless the pesticide is registered with the | 10647 |
| director of agriculture under this chapter. Registrations shall be | 10648 |
| issued for a period of time established by rule and shall be | 10649 |
| renewed in accordance with deadlines established by rule. | 10650 |
| Registration is not required if a pesticide is shipped from one | 10651 |
| plant or warehouse to another plant or warehouse operated by the | 10652 |
| same person and used solely at that plant or warehouse as a | 10653 |
| constituent part to make a pesticide that is registered under this | 10654 |
| chapter, or if the pesticide is distributed under the provisions | 10655 |
| of an experimental use permit issued under section 921.03 of the | 10656 |
| Revised Code or an experimental use permit issued by the United | 10657 |
| States environmental protection agency. | 10658 |
| (B) The applicant for registration of a pesticide shall file | 10659 |
| a statement with the director on a form provided by the director, | 10660 |
| which shall include all of the following: | 10661 |
| (1) The name and address of the applicant and the name and | 10662 |
| address of the person whose name will appear on the label, if | 10663 |
| other than the applicant's name; | 10664 |
| (2) The brand and product name of the pesticide; | 10665 |
| (3) Any necessary information required for completion of the | 10666 |
| department of agriculture's application for registration, | 10667 |
| including the agency registration number; | 10668 |
| (4) A complete copy of the labeling accompanying the | 10669 |
| pesticide and a statement of all claims to be made for it, | 10670 |
| including the directions for use and the use classification as | 10671 |
| provided for in the federal act. | 10672 |
| (C) The director, when the director considers it necessary in | 10673 |
| the administration of this chapter, may require the submission of | 10674 |
| the complete formula of any pesticide including the active and | 10675 |
| inert ingredients. | 10676 |
| (D) The director may require a full description of the tests | 10677 |
| made and the results thereof upon which the claims are based for | 10678 |
| any pesticide. The director shall not consider any data submitted | 10679 |
| in support of an application, without permission of the applicant, | 10680 |
| in support of any other application for registration unless the | 10681 |
| other applicant first has offered to pay reasonable compensation | 10682 |
| for producing the test data to be relied upon and the data are not | 10683 |
| protected from disclosure by section 921.04 of the Revised Code. | 10684 |
| In the case of a renewal of registration, a statement shall be | 10685 |
| required only with respect to information that is different from | 10686 |
| that furnished when the pesticide was registered or last | 10687 |
| registered. | 10688 |
| (E) The director may require any other information to be | 10689 |
| submitted with an application. | 10690 |
| Any applicant may designate any portion of the required | 10691 |
| registration information as a trade secret or confidential | 10692 |
| business information. Upon receipt of any required registration | 10693 |
| information designated as a trade secret or confidential business | 10694 |
| information, the director shall consider the designated | 10695 |
| information as confidential and shall not reveal or cause to be | 10696 |
| revealed any such designated information without the consent of | 10697 |
| the applicants, except to persons directly involved in the | 10698 |
| registration process described in this section or as required by | 10699 |
| law. | 10700 |
| (F) | 10701 |
| a registration and
inspection
fee
| 10702 |
| hundred fifty dollars for each product name and brand registered | 10703 |
| for the company whose name appears on the label. If an applicant | 10704 |
| files for a renewal of registration after the deadline established | 10705 |
| by rule, the
applicant shall pay a
penalty fee
| 10706 |
| of seventy-five dollars for each product name and brand registered | 10707 |
| for the applicant. The penalty fee shall be added to the original | 10708 |
| fee and paid before the renewal registration is issued. In | 10709 |
| addition to any other remedy available under this chapter, if a | 10710 |
| pesticide that is not registered pursuant to this section is | 10711 |
| distributed within this state, the person required to register the | 10712 |
|
pesticide
shall do so
and shall pay a
penalty fee
| 10713 |
| 10714 | |
| registered for the applicant. The penalty fee shall be added to | 10715 |
| the original fee of one hundred fifty dollars and paid before the | 10716 |
| registration is issued. | 10717 |
| (G) Provided that the state is authorized by the | 10718 |
| administrator of the United States environmental protection agency | 10719 |
| to register pesticides to meet special local needs, the director | 10720 |
| shall require the information set forth under divisions (B), (C), | 10721 |
| (D), and (E) of this section and shall register any such pesticide | 10722 |
| after determining that all of the following conditions are met: | 10723 |
| (1) Its composition is such as to warrant the proposed claims | 10724 |
| for it. | 10725 |
| (2) Its labeling and other material required to be submitted | 10726 |
| comply with the requirements of the federal act and of this | 10727 |
| chapter, and rules adopted thereunder. | 10728 |
| (3) It will perform its intended function without | 10729 |
| unreasonable adverse effects on the environment. | 10730 |
| (4) When used in accordance with widespread and commonly | 10731 |
| recognized practice, it will not generally cause unreasonable | 10732 |
| adverse effects on the environment. | 10733 |
| (5) The classification for general or restricted use is in | 10734 |
| conformity with the federal act. | 10735 |
| The director shall not make any lack of essentiality a | 10736 |
| criterion for denying the registration of any pesticide. When two | 10737 |
| pesticides meet the requirements of division (G) of this section, | 10738 |
| the director shall not register one in preference to the other. | 10739 |
| (H)(1) The director may refuse to register a pesticide if the | 10740 |
| application for registration fails to comply with this section. | 10741 |
| (2) The director may suspend or revoke a pesticide | 10742 |
| registration after a hearing in accordance with Chapter 119. of | 10743 |
| the Revised Code for a pesticide that fails to meet the claims | 10744 |
| made for it on its label. | 10745 |
| (3) The director may immediately suspend a pesticide | 10746 |
| registration, prior to a hearing, when the director believes that | 10747 |
| the pesticide poses an immediate hazard to human or animal health | 10748 |
| or a hazard to the environment. Not later than fifteen days after | 10749 |
| suspending the registration, the director shall determine whether | 10750 |
| the pesticide poses such a hazard. If the director determines that | 10751 |
| no hazard exists, the director shall lift the suspension of the | 10752 |
| registration. If the director determines that a hazard exists, the | 10753 |
| director shall revoke the registration in accordance with Chapter | 10754 |
| 119. of the Revised Code. | 10755 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 10756 |
| rules the director determines necessary for the effective | 10757 |
| enforcement and administration of this chapter. The rules may | 10758 |
| relate to, but are not limited to, the time, place, manner, and | 10759 |
| methods of application, materials, and amounts and concentrations | 10760 |
| of application of pesticides, may restrict or prohibit the use of | 10761 |
| pesticides in designated areas during specified periods of time, | 10762 |
| and shall encompass all reasonable factors that the director | 10763 |
| determines necessary to minimize or prevent damage to the | 10764 |
|
environment. In
addition, the
rules shall establish the
| 10765 |
|
deadlines | 10766 |
| renewal, late registration renewal, and failure to register under | 10767 |
| section 921.02 of the Revised Code; the fees for registration, | 10768 |
| registration renewal, late registration renewal, and failure to | 10769 |
| register under section 921.02 of the Revised Code that shall apply | 10770 |
| until the fees that are established under that section take effect | 10771 |
| on January 1, 2007; and the fees, deadlines, and time periods for | 10772 |
| licensure and license renewal under sections 921.06, 921.09, | 10773 |
|
921.11, and 921.13 of the Revised
Code. | 10774 |
| 10775 | |
| 10776 | |
| 10777 | |
| 10778 | |
| 10779 |
| (B) The director shall adopt rules that establish a schedule | 10780 |
| of civil penalties for violations of this chapter, or any rule or | 10781 |
| order adopted or issued under it, provided that the civil penalty | 10782 |
| for a first violation shall not exceed five thousand dollars and | 10783 |
| the civil penalty for each subsequent violation shall not exceed | 10784 |
| ten thousand dollars. In determining the amount of a civil penalty | 10785 |
| for a violation, the director shall consider factors relevant to | 10786 |
| the severity of the violation, including past violations and the | 10787 |
| amount of actual or potential damage to the environment or to | 10788 |
| human beings. | 10789 |
| (C) The director shall adopt rules that set forth the | 10790 |
| conditions under which the director: | 10791 |
| (1) Requires that notice or posting be given of a proposed | 10792 |
| application of a pesticide; | 10793 |
| (2) Requires inspection, condemnation, or repair of equipment | 10794 |
| used to apply a pesticide; | 10795 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 10796 |
| registration for a violation of this chapter; | 10797 |
| (4) Requires safe handling, transportation, storage, display, | 10798 |
| distribution, and disposal of pesticides and their containers; | 10799 |
| (5) Ensures the protection of the health and safety of | 10800 |
| agricultural workers storing, handling, or applying pesticides, | 10801 |
| and all residents of agricultural labor camps, as that term is | 10802 |
| defined in section 3733.41 of the Revised Code, who are living or | 10803 |
| working in the vicinity of pesticide-treated areas; | 10804 |
| (6) Requires a record to be kept of all pesticide | 10805 |
| applications made by each commercial applicator and by any trained | 10806 |
| serviceperson acting under the commercial applicator's direct | 10807 |
| supervision and of all restricted use pesticide applications made | 10808 |
| by each private applicator and by any immediate family member or | 10809 |
| subordinate employee of that private applicator who is acting | 10810 |
| under the private applicator's direct supervision as required | 10811 |
| under section 921.14 of the Revised Code; | 10812 |
| (7) Determines the pesticide-use categories of diagnostic | 10813 |
| inspections that must be conducted by a commercial applicator; | 10814 |
| (8) Requires a record to be kept of all diagnostic | 10815 |
| inspections conducted by each commercial applicator and by any | 10816 |
| trained service person. | 10817 |
| (D) The director shall prescribe standards for the licensure | 10818 |
| of applicators of pesticides consistent with those prescribed by | 10819 |
| the federal act and the regulations adopted under it or prescribe | 10820 |
| standards that are more restrictive than those prescribed by the | 10821 |
| federal act and the regulations adopted under it. The standards | 10822 |
| may relate to the use of a pesticide or to an individual's | 10823 |
| pesticide-use category. | 10824 |
| The director shall take into consideration standards of the | 10825 |
| United States environmental protection agency. | 10826 |
| (E) The director may adopt rules setting forth the conditions | 10827 |
| under which the director will: | 10828 |
| (1) Collect and examine samples of pesticides or devices; | 10829 |
| (2) Specify classes of devices that shall be subject to this | 10830 |
| chapter; | 10831 |
| (3) Prescribe other necessary registration information. | 10832 |
| (F) The director may adopt rules that do either or both of | 10833 |
| the following: | 10834 |
| (1) Designate, in addition to those restricted uses so | 10835 |
| classified by the administrator of the United States environmental | 10836 |
| protection agency, restricted uses of pesticides for the state or | 10837 |
| for designated areas within the state and, if the director | 10838 |
| considers it necessary, to further restrict such use; | 10839 |
| (2) Define what constitutes "acting under the instructions | 10840 |
| and control of a commercial applicator" as used in the definition | 10841 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 10842 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 10843 |
| section, the director shall consider the factors associated with | 10844 |
| the use of pesticide in the various pesticide-use categories. | 10845 |
| Based on consideration of the factors, the director may define | 10846 |
| "acting under the instructions and control of a commercial | 10847 |
| applicator" to include communications between a commercial | 10848 |
| applicator and a trained serviceperson that are conducted via | 10849 |
| landline telephone or a means of wireless communication. Any rules | 10850 |
| adopted under division (F)(2) of this section shall be drafted in | 10851 |
| consultation with representatives of the pesticide industry. | 10852 |
| (G) Except as provided in division (D) of this section, the | 10853 |
| director shall not adopt any rule under this chapter that is | 10854 |
| inconsistent with the requirements of the federal act and | 10855 |
| regulations adopted thereunder. | 10856 |
| (H) The director, after notice and opportunity for hearing, | 10857 |
| may declare as a pest any form of plant or animal life, other than | 10858 |
| human beings and other than bacteria, viruses, and other | 10859 |
| microorganisms on or in living human beings or other living | 10860 |
| animals, that is injurious to health or the environment. | 10861 |
| (I) The director may make reports to the United States | 10862 |
| environmental protection agency, in the form and containing the | 10863 |
| information the agency may require. | 10864 |
| (J) The director shall adopt rules for the application, use, | 10865 |
| storage, and disposal of pesticides if, in the director's | 10866 |
| judgment, existing programs of the United States environmental | 10867 |
| protection agency necessitate such rules or pesticide labels do | 10868 |
| not sufficiently address issues or situations identified by the | 10869 |
| department of agriculture or interested state agencies. | 10870 |
| (K) The director shall adopt rules establishing all of the | 10871 |
| following: | 10872 |
| (1) Standards, requirements, and procedures for the | 10873 |
| examination and re-examination of commercial applicators and | 10874 |
| private applicators; | 10875 |
| (2) With respect to training programs that the director may | 10876 |
| require commercial applicators and private applicators to | 10877 |
| complete: | 10878 |
| (a) Standards and requirements that a training program must | 10879 |
| satisfy in order to be offered by the director or the director's | 10880 |
| representative or in order to be approved by the director if a | 10881 |
| third party wishes to offer it; | 10882 |
| (b) Eligibility standards and requirements that must be | 10883 |
| satisfied by third parties who wish to provide the training | 10884 |
| programs; | 10885 |
| (c) Procedures that third parties must follow in order to | 10886 |
| submit a proposed training program to the director for approval; | 10887 |
| (d) Criteria that the director must consider when determining | 10888 |
| whether to authorize a commercial applicator or private applicator | 10889 |
| to participate in a training program instead of being required to | 10890 |
| pass a re-examination. | 10891 |
| (3) Training requirements for a trained serviceperson. | 10892 |
| (L) The director shall adopt all rules under this chapter in | 10893 |
| accordance with Chapter 119. of the Revised Code. | 10894 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 10895 |
| divisions (A)(2), (3), and (4) of this section, the first | 10896 |
| distributor of a commercial feed shall pay the director of | 10897 |
|
agriculture a semiannual inspection fee at the rate of | 10898 |
| twenty-five cents
per ton, with a minimum payment of | 10899 |
| twenty-five dollars, on all commercial
feeds distributed by | 10900 |
| the first distributor in this state. | 10901 |
| (2) The semiannual inspection fee required under division | 10902 |
| (A)(1) of this section shall not be paid by the first distributor | 10903 |
| of a commercial feed if the distribution is made to an exempt | 10904 |
| buyer who shall be responsible for the fee. The director shall | 10905 |
| establish an exempt list consisting of those buyers who are | 10906 |
| responsible for the fee. | 10907 |
| (3) The semiannual inspection fee shall not be paid on a | 10908 |
| commercial feed if the fee has been paid by a previous | 10909 |
| distributor. | 10910 |
| (4) The semiannual inspection fee shall not be paid on | 10911 |
| customer-formula feed if the fee has been paid on the commercial | 10912 |
|
feeds | 10913 |
| feed. | 10914 |
| (B) Each distributor or exempt buyer who is required to pay a | 10915 |
| fee under division (A)(1) or (2) of this section shall file a | 10916 |
| semiannual statement with the director that includes the number of | 10917 |
| net tons of commercial feed distributed by | 10918 |
| exempt buyer in this state, within thirty days after the thirtieth | 10919 |
| day of June and within thirty days after the thirty-first day of | 10920 |
| December, respectively, of each calendar year. | 10921 |
| The inspection fee at the rate stated in division (A)(1) of | 10922 |
| this section shall accompany the statement. For a tonnage report | 10923 |
| that is not filed or payment of inspection fees that is not made | 10924 |
| within fifteen days after the due date, a penalty of ten per cent | 10925 |
| of the amount due, with a minimum penalty of fifty dollars shall | 10926 |
| be assessed against the distributor or exempt buyer. The amount of | 10927 |
| fees due, plus penalty, shall constitute a debt and become the | 10928 |
| basis of a judgment against the distributor or exempt buyer. | 10929 |
| (C) No information furnished under this section shall be | 10930 |
| disclosed by an employee of the department of agriculture in such | 10931 |
| a way as to divulge the operation of any person required to make | 10932 |
| such a report. | 10933 |
| Sec. 923.45. The director of agriculture | 10934 |
| 10935 | |
| proper: | 10936 |
| (A) Information concerning the sale of commercial feed, | 10937 |
| including any
production and use data | 10938 |
| advisable, provided that the data does not disclose the operation | 10939 |
| of any manufacturer or distributor; | 10940 |
| (B) A comparison of the analyses of official samples of | 10941 |
| commercial feeds distributed in this state with the guaranteed | 10942 |
| analyses on the label. | 10943 |
| Sec. 923.46. All moneys collected by the director of | 10944 |
| agriculture under sections 923.41 to 923.55 of the Revised Code | 10945 |
| shall be deposited into the state treasury to the credit of the | 10946 |
| commercial feed, fertilizer, seed, and lime inspection and | 10947 |
| laboratory fund created in section 905.38 of the Revised Code. | 10948 |
| 10949 | |
| 10950 | |
| 10951 |
| The director shall prepare and provide a report concerning | 10952 |
| the fund in accordance with section 905.381 of the Revised Code. | 10953 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 10964 |
| 927.74 of the Revised Code, the director of agriculture or the | 10965 |
| director's authorized representative may: | 10966 |
| (A) Make reasonable inspection of any premises in this state | 10967 |
| and any property therein or thereon; | 10968 |
| (B) Stop and inspect in a reasonable manner, any means of | 10969 |
| conveyance moving within this state upon probable cause to believe | 10970 |
| it contains or carries any pest, host, commodity, or other article | 10971 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 10972 |
| (C) Conduct inspections of agricultural products that are | 10973 |
| required by other states, the United States department of | 10974 |
| agriculture, other federal agencies, or foreign countries to | 10975 |
| determine whether the products are infested. If, upon making such | 10976 |
| an inspection, the director or the director's authorized | 10977 |
| representative determines that an agricultural product is not | 10978 |
| infested, the director or the director's authorized representative | 10979 |
| may issue a certificate, as required by other states, the United | 10980 |
| States department of agriculture, other federal agencies, or | 10981 |
| foreign countries, indicating that the product is not infested. | 10982 |
| If the director charges fees for any of the certificates, | 10983 |
| agreements, or inspections specified in this section, the fees | 10984 |
| shall be as follows: | 10985 |
| (1) Phyto sanitary certificates, twenty-five dollars; | 10986 |
| (2) Compliance agreements, twenty dollars; | 10987 |
| (3) Solid wood packing certificates, twenty dollars; | 10988 |
| (4) Agricultural products and their conveyances inspections, | 10989 |
| 10990 | |
| the highest step in the pay range, including fringe benefits, of a | 10991 |
| plant pest control specialist multiplied by the number of hours | 10992 |
| worked by such a specialist in conducting an inspection. | 10993 |
| The director may adopt rules under section 927.52 of the | 10994 |
| Revised Code that define the certificates, agreements, and | 10995 |
| inspections. | 10996 |
| The fees shall be deposited into the state treasury to the | 10997 |
| credit of the pesticide program fund created in Chapter 921. of | 10998 |
| the Revised Code. Money credited to the fund shall be used to pay | 10999 |
| the costs incurred by the department of agriculture in | 11000 |
| administering this chapter, including employing a minimum of two | 11001 |
| additional inspectors. | 11002 |
| Sec. 1327.511. All money collected under section 1327.50 of | 11003 |
| the Revised Code for services rendered by the department of | 11004 |
| agriculture in operating the type evaluation program shall be | 11005 |
| deposited in the state treasury to the credit of the metrology and | 11006 |
| scale certification fund, which is hereby created. Money credited | 11007 |
| to the fund shall be used to pay operating costs incurred by the | 11008 |
| department in administering the program. | 11009 |
| Sec. 1327.62. Whenever the director of agriculture, or | 11010 |
| the director's designee, has cause to believe that any person has | 11011 |
| violated, or
is violating, section 1327.54 | 11012 |
| of the Revised Code, | 11013 |
| designee, may conduct a hearing in accordance with Chapter 119. of | 11014 |
| the Revised Code to determine whether a violation has occurred. If | 11015 |
| the director or | 11016 |
| person has violated or is violating section 1327.54 | 11017 |
| or 1327.70 of
the Revised Code, | 11018 |
| designee may assess a civil penalty against the person. The person | 11019 |
| is liable for a civil penalty of not more than five hundred | 11020 |
| dollars for a first violation; for a second violation the person | 11021 |
| is liable for a civil penalty of not more than two thousand five | 11022 |
| hundred dollars; for each subsequent violation that occurs within | 11023 |
| five years after the second violation, the person is liable for a | 11024 |
| civil penalty of not more than ten thousand dollars. | 11025 |
| Any person assessed a civil penalty under this section shall | 11026 |
| pay the amount prescribed to the department of agriculture. The | 11027 |
| department shall remit all moneys collected under this section to | 11028 |
| the treasurer of state for deposit in the general revenue fund. | 11029 |
| Sec. 1327.70. (A) As used in this section: | 11030 |
| (1) "Large capacity scale" includes the following: | 11031 |
| (a) Vehicle and axle-load scales used by law enforcement | 11032 |
| personnel in the enforcement of load limits on highways together | 11033 |
| with commercial railway, vehicle, and livestock scales. | 11034 |
| Descriptions of these types of scales are included in national | 11035 |
| institute of standards and technology handbook 44 or its | 11036 |
| supplements and revisions, as referred to in section 1327.49 of | 11037 |
| the Revised Code. | 11038 |
| (b) Any other scales designated in rules adopted under this | 11039 |
| section. | 11040 |
| (2) "Large meter" includes the following: | 11041 |
| (a) Commercially used rack meters, vehicle tank meters, and | 11042 |
| liquefied petroleum gas truck mounted meters. Descriptions of | 11043 |
| these types of meters are included in national institute of | 11044 |
| standards and technology handbook 44 or its supplements and | 11045 |
| revisions, as referred to in section 1327.49 of the Revised Code. | 11046 |
| (b) Any other meters designated in rules adopted under this | 11047 |
| section. | 11048 |
| (B) On and after September 1, 2005, no person shall operate a | 11049 |
| large capacity scale or a large meter in this state unless the | 11050 |
| operator holds a valid permit issued by the director of | 11051 |
| agriculture or the director's designee for the scale or meter. A | 11052 |
| person who wishes to operate a large capacity scale or a large | 11053 |
| meter in this state shall file a permit application with the | 11054 |
| director on a form that the director prescribes and provides. The | 11055 |
| applicant shall include on the application any information | 11056 |
| solicited by the form and include with it a fee of two hundred | 11057 |
| fifty dollars. | 11058 |
| (C) Upon receipt of a completed permit application and | 11059 |
| payment of the required permit fee, the director or the director's | 11060 |
| designee shall issue to the applicant a permit to operate the | 11061 |
| large capacity scale or large meter that is the subject of the | 11062 |
| application. A permit issued under this section expires on the | 11063 |
| thirtieth day of June following its issuance and may be renewed | 11064 |
| annually on or before the first day of July upon payment of a | 11065 |
| renewal fee in the amount of two hundred fifty dollars. | 11066 |
| (D) The director may adopt rules in accordance with Chapter | 11067 |
| 119. of the Revised Code that designate additional types of scales | 11068 |
| and meters to be included in the definitions of "large capacity | 11069 |
| scale" and "large meter," respectively, or that provide a more | 11070 |
| detailed explanation of terms initially included in those | 11071 |
| definitions by statute. | 11072 |
| Sec. 1327.71. There is hereby created in the state treasury | 11073 |
| the weights and measures permit fund. The director of agriculture | 11074 |
| shall deposit permit and renewal fees collected under section | 11075 |
| 1327.70 of the Revised Code into the state treasury to the credit | 11076 |
| of the fund. The director may use money in the fund to pay costs | 11077 |
| associated with the programs administered by the department of | 11078 |
| agriculture involving weights and measures. | 11079 |
| Sec. 1327.99. Whoever violates section 1327.54 | 11080 |
| (A), (B), (C), or (D) of section 1327.61, or section 1327.70 of | 11081 |
| the Revised Code is guilty of a misdemeanor of the second degree | 11082 |
| on a first offense; on each subsequent offense within seven years | 11083 |
| after the first offense, | 11084 |
| misdemeanor of the first degree. | 11085 |
| Sec. 1333.11. As used in sections 1333.11 to 1333.21 of the | 11086 |
| Revised Code: | 11087 |
| (A) "Cost to the retailer" means the invoice cost of | 11088 |
| cigarettes to the retailer, or the replacement cost of cigarettes | 11089 |
| to the retailer within thirty days prior to the date of sale, in | 11090 |
| the quantity last purchased, whichever is lower, less all trade | 11091 |
| discounts except customary discounts for cash, to which shall be | 11092 |
| added the cost of doing business by the retailer as evidenced by | 11093 |
| the standards and the methods of accounting regularly employed by | 11094 |
| the retailer in the retailer's allocation of overhead costs and | 11095 |
| expenses, paid or incurred. "Cost to the retailer" must include, | 11096 |
| without limitation, labor, including salaries of executives and | 11097 |
| officers, rent, depreciation, selling costs, maintenance of | 11098 |
| equipment, delivery costs, all types of licenses, insurance, | 11099 |
| advertising, and taxes, exclusive of county cigarette taxes paid | 11100 |
| or payable on the cigarettes. Where the sale to the retailer is on | 11101 |
| a cash and carry basis, the cartage to the retail outlet, if | 11102 |
| performed or paid for by the retailer, shall be added to the | 11103 |
| invoice cost of the cigarettes to the retailer. In the absence of | 11104 |
| proof of a lesser or higher cost by the retailer, the cartage cost | 11105 |
| shall be three-fourths of one per cent of the invoice cost of the | 11106 |
| cigarettes to the retailer, not including the amount added thereto | 11107 |
| by the wholesaler for the face value of state and county cigarette | 11108 |
| tax stamps affixed to each package of cigarettes. | 11109 |
| (B) In the absence of proof of a lesser or higher cost of | 11110 |
| doing business by the retailer making the sale, the cost of doing | 11111 |
| business to the retailer shall be eight per cent of the invoice | 11112 |
| cost of the cigarettes to the retailer exclusive of the face value | 11113 |
| of county cigarette taxes paid on the cigarettes or of the | 11114 |
| replacement cost of the cigarettes to the retailer within thirty | 11115 |
| days prior to the date of sale in the quantity last purchased | 11116 |
| exclusive of the face value of county cigarette taxes paid on the | 11117 |
| cigarettes, whichever is lower, less all trade discounts except | 11118 |
| customary discounts for cash. | 11119 |
| (C) "Cost to the wholesaler" means the invoice cost of the | 11120 |
| cigarettes to the wholesaler, or the replacement cost of the | 11121 |
| cigarettes to the wholesaler within thirty days prior to the date | 11122 |
| of sale, in the quantity last purchased, whichever is lower, less | 11123 |
| all trade discounts except customary discounts for cash, to which | 11124 |
| shall be added a wholesaler's markup to cover in part the cost of | 11125 |
| doing business, which wholesaler's markup, in the absence of proof | 11126 |
| of a lesser or higher cost of doing business by the wholesaler as | 11127 |
| evidenced by the standards and methods of accounting regularly | 11128 |
| employed by the wholesaler in the wholesaler's allocation of | 11129 |
| overhead costs and expenses, paid or incurred, including without | 11130 |
| limitation, labor, salaries of executives and officers, rent, | 11131 |
| depreciation, selling costs, maintenance of equipment, delivery, | 11132 |
| delivery costs, all types of licenses, taxes, insurance, and | 11133 |
| advertising, shall be three and five-tenths per cent of such | 11134 |
| invoice cost of the cigarettes to the wholesaler, to which shall | 11135 |
| be added the full face value of state and county cigarette tax | 11136 |
| stamps affixed by the wholesaler to each package of cigarettes, or | 11137 |
| of the replacement cost of the cigarettes to the wholesaler within | 11138 |
| thirty days prior to the date of sale in the quantity last | 11139 |
| purchased, whichever is lower, less all trade discounts except | 11140 |
| customary discounts for cash. Where the sale by the wholesaler to | 11141 |
| the retailer is on a cash and carry basis, the wholesaler may, in | 11142 |
| the absence of proof of a lesser or higher cost, allow to the | 11143 |
| retailer an amount not to exceed three-fourths of one per cent of | 11144 |
| the "cost to the wholesaler" excluding the amount added thereto | 11145 |
| for the face value of state and county cigarette tax stamps | 11146 |
| affixed to each package of cigarettes. | 11147 |
| (D) Any person licensed to sell cigarettes as both a | 11148 |
| wholesaler and a retailer, who does sell cigarettes at retail, | 11149 |
| shall, in determining "cost to the retailer", first compute "cost | 11150 |
| to the wholesaler" as provided in division (C) of this section; | 11151 |
| that "cost to the wholesaler" shall then be used in lieu of the | 11152 |
| lower of either invoice cost or replacement cost less all trade | 11153 |
| discounts except customary discounts for cash in computing "cost | 11154 |
| to the retailer" as provided in divisions (A) and (B) of this | 11155 |
| section. | 11156 |
| (E) In all advertisements, offers for sale, or sales | 11157 |
| involving two or more items at a combined price and in all | 11158 |
| advertisements, offers for sale, or sales involving the giving of | 11159 |
| any concession of any kind, whether it be coupons or otherwise, | 11160 |
| the retailer's or wholesaler's selling price shall not be below | 11161 |
| the "cost to the retailer" or the "cost to wholesaler", | 11162 |
| respectively, of all articles, products, commodities, and | 11163 |
| concessions included in such transactions. | 11164 |
| (F)(1) "Sell at retail," "sales at retail," and "retail | 11165 |
| sales" include any transfer of title to tangible personal property | 11166 |
| for a valuable consideration made, in the ordinary course of trade | 11167 |
| or usual prosecution of the seller's business, to the purchaser | 11168 |
| for consumption or use. | 11169 |
| (2) "Sell at wholesale," "sales at wholesale," and "wholesale | 11170 |
| sales" include any such transfer of title to tangible personal | 11171 |
| property for the purpose of resale. | 11172 |
| (G) "Retailer" includes any person who is permitted to sell | 11173 |
| cigarettes at retail within this state under section 5743.15 of | 11174 |
| the Revised Code. | 11175 |
| (H) "Wholesaler" includes any person who is permitted to sell | 11176 |
| cigarettes at wholesale within this state under that section. | 11177 |
| (I) "Person" includes individuals, corporations, | 11178 |
| partnerships, associations, joint-stock companies, business | 11179 |
| trusts, unincorporated organizations, receivers, or trustees. | 11180 |
| (J) "County cigarette taxes" means the taxes levied under | 11181 |
| section 5743.021, 5743.024, or 5743.026 of the Revised Code. | 11182 |
| Sec. 1502.02. (A) There is hereby created in the department | 11183 |
| of natural resources the division of recycling and litter | 11184 |
| prevention to be headed by the chief of recycling and litter | 11185 |
| prevention. | 11186 |
| (B) There is hereby created in the state treasury the | 11187 |
| recycling and litter prevention fund, consisting of moneys | 11188 |
| distributed to it from fees, including the fee levied under | 11189 |
| division (A)(3) of section 3734.901 of the Revised Code, gifts, | 11190 |
| donations, grants, reimbursements, and other sources, including | 11191 |
| investment earnings. | 11192 |
| (C) The chief of recycling and litter prevention shall do all | 11193 |
| of the following: | 11194 |
| (1) Use moneys credited to the fund exclusively for the | 11195 |
| purposes set forth in sections 1502.03, 1502.04, and 1502.05 of | 11196 |
| the Revised Code, with particular emphasis on programs relating to | 11197 |
| recycling; | 11198 |
| (2) Expend for administration of the division not more than | 11199 |
| ten per cent of any fiscal year's appropriation to the division, | 11200 |
| excluding the amount assessed to the division for direct and | 11201 |
| indirect central support charges; | 11202 |
| (3) Require recipients of grants under section 1502.05 of the | 11203 |
| Revised Code, as a condition of receiving and retaining them, to | 11204 |
| do all of the following: | 11205 |
| (a) Create a separate account for the grants and any cash | 11206 |
| donations received that qualify for the donor credit allowed by | 11207 |
| section 5733.064 of the Revised Code; | 11208 |
| (b) Make expenditures from the account exclusively for the | 11209 |
| purposes for which the grants were received; | 11210 |
| (c) Use any auditing and accounting practices the chief | 11211 |
| considers necessary regarding the account; | 11212 |
| (d) Report to the chief information regarding the amount and | 11213 |
| donor of cash donations received as described by section 5733.064 | 11214 |
| of the Revised Code; | 11215 |
| (e) Use grants received to supplement and not to replace any | 11216 |
| existing funding for such purposes. | 11217 |
| (4) Report to the tax commissioner information the chief | 11218 |
| receives pursuant to division (C)(3)(d) of this section. | 11219 |
| Sec. 1515.14. Within the limits of funds appropriated to the | 11220 |
| department of natural resources and the soil and water | 11221 |
| conservation district assistance fund created in this section, | 11222 |
| there shall be paid in each calendar year to each local soil and | 11223 |
| water conservation district an amount not to exceed one dollar for | 11224 |
| each one dollar received in accordance with section 1515.10 of the | 11225 |
| Revised Code, received from tax levies in excess of the ten-mill | 11226 |
| levy limitation approved for the benefit of local soil and water | 11227 |
| conservation districts, or received from an appropriation by a | 11228 |
| municipal corporation or a township to a maximum of eight thousand | 11229 |
| dollars, provided that the Ohio soil and water conservation | 11230 |
| commission may approve payment to a district in an amount in | 11231 |
| excess of eight thousand dollars in any calendar year upon receipt | 11232 |
| of a request and justification from the district. The county | 11233 |
| auditor shall credit such payments to the special fund established | 11234 |
| pursuant to section 1515.10 of the Revised Code for the local soil | 11235 |
| and water conservation district. The department may make advances | 11236 |
| at least quarterly to each district on the basis of the estimated | 11237 |
| contribution of the state to each district. Moneys received by | 11238 |
| each district shall be expended for the purposes of the district. | 11239 |
| For the purpose of providing money to soil and water | 11240 |
| conservation districts under this section, there is hereby created | 11241 |
| in the state treasury the soil and water conservation district | 11242 |
| assistance fund consisting of money credited to it under section | 11243 |
| 3714.073 of the Revised Code. | 11244 |
| Sec. 1517.02. There is hereby created in the department of | 11245 |
| natural resources the division of natural areas and preserves, | 11246 |
| which shall be administered by the chief of natural areas and | 11247 |
| preserves. The chief shall take an oath of office and shall file | 11248 |
| in the office of the secretary of state a bond signed by the chief | 11249 |
| and by a surety approved by the governor for a sum fixed pursuant | 11250 |
| to section 121.11 of the Revised Code. | 11251 |
| The chief shall administer a system of nature preserves and | 11252 |
| wild, scenic, and recreational river areas. The chief shall | 11253 |
| establish a system of nature preserves through acquisition and | 11254 |
| dedication of natural areas of state or national significance, | 11255 |
| which shall include, but not be limited to, areas
| 11256 |
| represent characteristic examples of Ohio's natural landscape | 11257 |
| types and its natural vegetation and geological history. The chief | 11258 |
| shall encourage landowners to dedicate areas of unusual | 11259 |
| significance as nature preserves, and shall establish and maintain | 11260 |
| a registry of natural areas of unusual significance. | 11261 |
| The chief may supervise, operate, protect, and maintain wild, | 11262 |
| scenic, and recreational river areas, as designated by the | 11263 |
| director of natural resources. The chief may cooperate with | 11264 |
| federal agencies administering any federal program concerning | 11265 |
| wild, scenic, or recreational river areas. | 11266 |
| | 11267 |
| 11268 | |
| 11269 | |
| 11270 | |
| 11271 | |
| 11272 |
| The chief shall do the following: | 11273 |
| (A) Formulate policies and plans for the acquisition, use, | 11274 |
| management, and protection of nature preserves; | 11275 |
| (B) Formulate policies for the selection of areas suitable | 11276 |
| for registration; | 11277 |
| (C) Formulate policies for the dedication of areas as nature | 11278 |
| preserves; | 11279 |
| (D) Prepare and maintain surveys and inventories of natural | 11280 |
| areas and habitats of rare and endangered species of plants and | 11281 |
| animals; | 11282 |
| (E) Adopt rules for the use, visitation, and protection of | 11283 |
|
nature preserves, | 11284 |
| easement, license, or lease by the department and administered by | 11285 |
|
the division, | 11286 |
|
license, or lease | 11287 |
|
division | 11288 |
| recreational river area, in accordance with Chapter 119. of the | 11289 |
| Revised Code; | 11290 |
| (F) Provide facilities and improvements within the state | 11291 |
| system of nature preserves that are necessary for their | 11292 |
| visitation, use, restoration, and protection and do not impair | 11293 |
| their natural character; | 11294 |
| (G) Provide interpretive programs and publish and disseminate | 11295 |
| information pertaining to nature preserves and natural areas for | 11296 |
| their visitation and use; | 11297 |
| (H) Conduct and grant permits to qualified persons for the | 11298 |
| conduct of scientific research and investigations within nature | 11299 |
| preserves; | 11300 |
| (I) Establish an appropriate system for marking nature | 11301 |
| preserves; | 11302 |
| (J) Publish and submit to the governor and the general | 11303 |
| assembly a biennial report of the status and condition of each | 11304 |
| nature preserve, activities conducted within each preserve, and | 11305 |
| plans and recommendations for natural area preservation. | 11306 |
| Sec. 1521.062. (A) All dams, dikes, and levees constructed | 11307 |
| in this state and not exempted by this section or by the chief of | 11308 |
| the division of water under section 1521.06 of the Revised Code | 11309 |
| shall be inspected periodically by the chief | 11310 |
| classes of dams that, in accordance with rules adopted under this | 11311 |
| section, are required to be inspected by registered professional | 11312 |
| engineers who have been approved for that purpose by the chief. | 11313 |
| The inspection shall ensure that continued operation and use of | 11314 |
| the dam, dike, or levee does not constitute a hazard to life, | 11315 |
| health, or property. Periodic inspections shall not be required of | 11316 |
| the following structures: | 11317 |
| (1) A dam that is less than ten feet in height and has a | 11318 |
| storage capacity of not more than fifty acre-feet at the elevation | 11319 |
| of the top of the dam, as determined by the chief. For the | 11320 |
| purposes of this section, the height of a dam shall be measured | 11321 |
| from the natural stream bed or lowest ground elevation at the | 11322 |
| downstream or outside limit of the dam to the elevation of the top | 11323 |
| of the dam. | 11324 |
| (2) A dam, regardless of height, that has a storage capacity | 11325 |
| of not more than fifteen acre-feet at the elevation of the top of | 11326 |
| the dam, as determined by the chief; | 11327 |
| (3) A dam, regardless of storage capacity, that is six feet | 11328 |
| or less in height, as determined by the chief; | 11329 |
| (4) A dam, dike, or levee belonging to a class exempted by | 11330 |
| the chief; | 11331 |
| (5) A dam, dike, or levee that has been exempted in | 11332 |
| accordance with rules adopted under section 1521.064 of the | 11333 |
| Revised Code. | 11334 |
| (B) In accordance with rules adopted under this section, the | 11335 |
| owner of a dam that is in a class of dams that is designated in | 11336 |
| the rules for inspection by registered professional engineers | 11337 |
| shall obtain the services of a registered professional engineer | 11338 |
| who has been approved by the chief to conduct the periodic | 11339 |
| inspection of dams pursuant to schedules and other standards and | 11340 |
| procedures established in the rules. The registered professional | 11341 |
| engineer shall prepare a report of the inspection in accordance | 11342 |
| with the rules and provide the inspection report to the dam owner | 11343 |
| who shall submit it to the chief. A dam that is designated under | 11344 |
| the rules for inspection by a registered professional engineer but | 11345 |
| that is not inspected within a five-year period may be inspected | 11346 |
| by the chief at the owner's expense. | 11347 |
| (C) Intervals between periodic inspections shall be | 11348 |
|
determined by the chief, but shall not exceed five years. | 11349 |
| 11350 | |
| 11351 |
| | 11352 |
| the chief inspects, the chief shall | 11353 |
| of | 11354 |
| levee. With regard to a dam, dike, or levee that has been | 11355 |
| inspected, either by the chief or by a registered professional | 11356 |
| engineer, and that is the subject of an inspection report prepared | 11357 |
| or received by the chief, the chief shall | 11358 |
| the owner of any required repairs, maintenance, investigations, | 11359 |
| and other remedial and operational
measures | 11360 |
| chief shall order the owner to perform such repairs, maintenance, | 11361 |
| investigations, or other
remedial or operational measures as | 11362 |
| the chief considers necessary to safeguard life, health, or | 11363 |
| property. The order shall permit the owner a reasonable time in | 11364 |
| which to perform the needed repairs, maintenance, investigations, | 11365 |
| or other remedial measures, and the cost thereof shall be borne by | 11366 |
| the owner. All orders of the chief are subject to appeal as | 11367 |
| provided in Chapter 119. of the Revised Code. The attorney | 11368 |
| general, upon written request of the chief, may bring an action | 11369 |
| for an injunction against any person who violates this section or | 11370 |
| to enforce an order of the chief made pursuant to this section. | 11371 |
| | 11372 |
| maintain, and operate the structure and its appurtenances safely | 11373 |
| in accordance with state rules, terms and conditions of permits, | 11374 |
| orders, and other requirements issued pursuant to this section or | 11375 |
| section 1521.06 of the Revised Code. The owner shall fully and | 11376 |
| promptly notify the division of water and other responsible | 11377 |
|
authorities of any condition | 11378 |
| the structure and shall take all necessary actions to safeguard | 11379 |
| life, health, and property. | 11380 |
| | 11381 |
| or removal of a dam, dike, or levee, the owner shall file an | 11382 |
| application including plans, specifications, and other required | 11383 |
| information with the division and shall secure written approval of | 11384 |
| the application by the chief. Emergency actions by the owner | 11385 |
| required to safeguard life, health, or property are exempt from | 11386 |
| this requirement. The chief may, by rule, define maintenance, | 11387 |
|
repairs, or other remedial measures of a routine nature | 11388 |
| are exempt from this requirement. | 11389 |
| | 11390 |
| owner, any unsafe structures found to be constructed or maintained | 11391 |
| in violation of this section or section 1521.06 of the Revised | 11392 |
| Code. In the case of an owner other than a governmental agency, | 11393 |
| the cost of removal or correction of any unsafe structure, | 11394 |
| together with a description of the property on which the unsafe | 11395 |
| structure is located, shall be certified by the chief to the | 11396 |
| county auditor and placed by the county auditor upon the tax | 11397 |
| duplicate. This cost is a lien upon the lands from the date of | 11398 |
| entry and shall be collected as other taxes and returned to the | 11399 |
| division. In the case of an owner that is a governmental agency, | 11400 |
| the cost of removal or correction of any unsafe structure shall be | 11401 |
| recoverable from the owner by appropriate action in a court of | 11402 |
| competent jurisdiction. | 11403 |
| | 11404 |
| in the judgment of the chief, to be so dangerous to the safety of | 11405 |
| life, health, or property as not to permit time for the issuance | 11406 |
| and enforcement of an order relative to repair, maintenance, or | 11407 |
| operation, the chief shall employ any of the following remedial | 11408 |
| means necessary to protect life, health, and property: | 11409 |
| (1) Lower the water level of the lake or reservoir by | 11410 |
| releasing water; | 11411 |
| (2) Completely drain the lake or reservoir; | 11412 |
| (3) Take such other measures or actions as | 11413 |
| considers necessary to safeguard life, health, and property. | 11414 |
| The chief shall continue in full charge and control of the | 11415 |
| dam, dike, or levee until the structure is rendered safe. The cost | 11416 |
| of the remedy shall be recoverable from the owner of the structure | 11417 |
| by appropriate action in a court of competent jurisdiction. | 11418 |
| | 11419 |
| grants from the United States government or from any other public | 11420 |
| or private source and may contract with the United States | 11421 |
| government or any other agency or entity for the purpose of | 11422 |
| carrying out the dam safety functions set forth in this section | 11423 |
| and section 1521.06 of the Revised Code. | 11424 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 11425 |
| chief shall adopt, and may amend or rescind, rules that do all of | 11426 |
| the following: | 11427 |
| (1) Designate classes of dams for which dam owners must | 11428 |
| obtain the services of a registered professional engineer to | 11429 |
| periodically inspect the dams and to prepare reports of the | 11430 |
| inspections for submittal to the chief; | 11431 |
| (2) Establish standards in accordance with which the chief | 11432 |
| must approve or disapprove registered professional engineers to | 11433 |
| inspect dams together with procedures governing the approval | 11434 |
| process; | 11435 |
| (3) Establish schedules, standards, and procedures governing | 11436 |
| periodic inspections and standards and procedures governing the | 11437 |
| preparation and submittal of inspection reports; | 11438 |
| (4) Establish provisions regarding the enforcement of this | 11439 |
| section and rules adopted under it. | 11440 |
| Sec. 1531.27. The chief of the division of wildlife shall | 11441 |
| pay to the treasurers of the several counties wherein lands owned | 11442 |
| by
the state and administered by the division are | 11443 |
| an annual amount determined in the following manner: in each such | 11444 |
| county one per cent of the total value of such lands exclusive of | 11445 |
| improvements, as shown on the auditor's records of taxable value | 11446 |
| of real property existing at the time when the state acquired the | 11447 |
|
tract or tracts comprising | 11448 |
| | 11449 |
|
division | 11450 |
|
and | 11451 |
| penalties, and forfeitures deposited into the state treasury to | 11452 |
| the credit of the wildlife fund created in section 1531.17 of the | 11453 |
| Revised Code. The allocation of
amounts to be paid from | 11454 |
| sources shall be determined by the director of natural resources. | 11455 |
| | 11456 |
| shall be credited to the fund for school purposes within the | 11457 |
|
school districts wherein | 11458 |
| Sec. 1533.10. Except as provided in this section or division | 11459 |
| (A)(2) of section 1533.12 of the Revised Code, no person shall | 11460 |
| hunt any wild bird or wild quadruped without a hunting license. | 11461 |
| Each day that any person hunts within the state without procuring | 11462 |
| such a license constitutes a separate offense. Except as otherwise | 11463 |
| provided in this section, every applicant for a hunting license | 11464 |
| who is a resident of the state
and | 11465 |
| or more shall procure a resident hunting license, the fee for | 11466 |
| which shall be eighteen dollars, unless the rules adopted under | 11467 |
| division (B) of section 1533.12 of the Revised Code provide for | 11468 |
| issuance of a resident hunting license to the applicant free of | 11469 |
| charge. Except as provided in rules adopted under division (B)(2) | 11470 |
| of that section, each applicant who is a resident of this state | 11471 |
| and who at the time of application is sixty-six years of age or | 11472 |
| older shall procure a special senior hunting license, the fee for | 11473 |
| which shall be one-half of the regular hunting license fee. Every | 11474 |
| applicant who is under the age of | 11475 |
| procure a special youth hunting license, the fee for which shall | 11476 |
| be one-half of the regular hunting license fee. The owner of lands | 11477 |
| in the state and the owner's children of any age and grandchildren | 11478 |
| under eighteen years of age may hunt on the lands without a | 11479 |
| hunting license. The tenant and children of the tenant, residing | 11480 |
| on lands in the state, may hunt on them without a hunting license. | 11481 |
| 11482 | |
| 1533.12 of the Revised Code, every applicant for a hunting license | 11483 |
| who is a nonresident of the state and who is | 11484 |
| years of age or older shall procure a nonresident hunting license, | 11485 |
| the fee for which shall be one hundred twenty-four dollars, unless | 11486 |
| the applicant is a resident of a state that is a party to an | 11487 |
| agreement under section 1533.91 of the Revised Code, in which case | 11488 |
| the fee shall be eighteen dollars. | 11489 |
| The chief of the division of wildlife may issue a small game | 11490 |
| hunting license expiring three days from the effective date of the | 11491 |
| license to a nonresident of the state, the fee for which shall be | 11492 |
| thirty-nine dollars. No person shall take or possess deer, wild | 11493 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 11494 |
| animal while possessing only a small game hunting license. A small | 11495 |
| game hunting license does not authorize the taking or possessing | 11496 |
| of ducks, geese, or brant without having obtained, in addition to | 11497 |
| the small game hunting license, a wetlands habitat stamp as | 11498 |
| provided in section 1533.112 of the Revised Code. A small game | 11499 |
| hunting license does not authorize the taking or possessing of | 11500 |
| deer, wild turkeys, or fur-bearing animals. A nonresident of the | 11501 |
| state who wishes to take or possess deer, wild turkeys, or | 11502 |
| fur-bearing animals in this state shall procure, respectively, a | 11503 |
| special deer or wild turkey permit as provided in section 1533.11 | 11504 |
| of the Revised Code or a fur taker permit as provided in section | 11505 |
| 1533.111 of the Revised Code in addition to a nonresident hunting | 11506 |
| license or a special youth hunting license, as applicable, as | 11507 |
| provided in this section. | 11508 |
| No person shall procure or attempt to procure a hunting | 11509 |
| license by fraud, deceit, misrepresentation, or any false | 11510 |
| statement. | 11511 |
| This section does not authorize the taking and possessing of | 11512 |
| deer or wild turkeys without first having obtained, in addition to | 11513 |
| the hunting license required by this section, a special deer or | 11514 |
| wild turkey permit as provided in section 1533.11 of the Revised | 11515 |
| Code or the taking and possessing of ducks, geese, or brant | 11516 |
| without first having obtained, in addition to the hunting license | 11517 |
| required by this section, a wetlands habitat stamp as provided in | 11518 |
| section 1533.112 of the Revised Code. | 11519 |
| This section does not authorize the hunting or trapping of | 11520 |
| fur-bearing animals without first having obtained, in addition to | 11521 |
| a hunting license required by this section, a fur taker permit as | 11522 |
| provided in section 1533.111 of the Revised Code. | 11523 |
| No hunting license shall be issued unless it is accompanied | 11524 |
| by a written explanation of the law in section 1533.17 of the | 11525 |
| Revised Code and the penalty for its violation, including a | 11526 |
| description of terms of imprisonment and fines that may be | 11527 |
| imposed. | 11528 |
| No hunting license shall be issued unless the applicant | 11529 |
| presents to the agent authorized to issue the license a previously | 11530 |
| held hunting license or evidence of having held such a license in | 11531 |
| content and manner approved by the chief, a certificate of | 11532 |
| completion issued upon completion of a hunter education and | 11533 |
| conservation course approved by the chief, or evidence of | 11534 |
| equivalent training in content and manner approved by the chief. | 11535 |
| No person shall issue a hunting license to any person who | 11536 |
| fails to present the evidence required by this section. No person | 11537 |
| shall purchase or obtain a hunting license without presenting to | 11538 |
| the issuing agent the evidence required by this section. Issuance | 11539 |
| of a hunting license in violation of the requirements of this | 11540 |
| section is an offense by both the purchaser of the illegally | 11541 |
| obtained hunting license and the clerk or agent who issued the | 11542 |
| hunting license. Any hunting license issued in violation of this | 11543 |
| section is void. | 11544 |
| The chief, with approval of the wildlife council, shall adopt | 11545 |
| rules prescribing a hunter education and conservation course for | 11546 |
| first-time hunting license buyers and for volunteer instructors. | 11547 |
| The course shall consist of subjects including, but not limited | 11548 |
| to, hunter safety and health, use of hunting implements, hunting | 11549 |
| tradition and ethics, the hunter and conservation, the law in | 11550 |
| section 1533.17 of the Revised Code along with the penalty for its | 11551 |
| violation, including a description of terms of imprisonment and | 11552 |
| fines that may be imposed, and other law relating to hunting. | 11553 |
| Authorized personnel of the division or volunteer instructors | 11554 |
| approved by the chief shall conduct such courses with such | 11555 |
| frequency and at such locations throughout the state as to | 11556 |
| reasonably meet the needs of license applicants. The chief shall | 11557 |
| issue a certificate of completion to each person who successfully | 11558 |
| completes the course and passes an examination prescribed by the | 11559 |
| chief. | 11560 |
| Sec. 1533.11. (A) Except as provided in this section, no | 11561 |
| person shall hunt deer on lands of another without first obtaining | 11562 |
| an annual special deer permit. Except as provided in this section, | 11563 |
| no person shall hunt wild turkeys on lands of another without | 11564 |
| first obtaining an annual special wild turkey permit. Each | 11565 |
| applicant for a special deer or wild turkey permit shall pay an | 11566 |
| annual fee of twenty-three dollars for each permit unless the | 11567 |
| rules adopted under division (B) of section 1533.12 of the Revised | 11568 |
| Code provide for issuance of a deer or wild turkey permit to the | 11569 |
| applicant free of charge. Except as provided in rules adopted | 11570 |
| under division (B)(2) of that section, each applicant who is a | 11571 |
| resident of this state and who at the time of application is | 11572 |
| sixty-six years of age or older shall procure a special senior | 11573 |
| deer or wild turkey permit, the fee for which shall be one-half of | 11574 |
| the regular special deer or wild turkey permit fee. Each applicant | 11575 |
| who is under the age of | 11576 |
| special youth deer or wild turkey permit, the fee for which shall | 11577 |
| be one-half of the regular special deer or wild turkey permit fee. | 11578 |
| Except as provided in division (A)(2) of section 1533.12 of the | 11579 |
| Revised Code, a deer or wild turkey permit shall run concurrently | 11580 |
| with the hunting license. The money received shall be paid into | 11581 |
| the state treasury to the credit of the wildlife fund, created in | 11582 |
| section 1531.17 of the Revised Code, exclusively for the use of | 11583 |
| the division of wildlife in the acquisition and development of | 11584 |
| land for deer or wild turkey management, for investigating deer or | 11585 |
| wild turkey problems, and for the stocking, management, and | 11586 |
| protection of deer or wild turkey. Every person, while hunting | 11587 |
| deer or wild turkey on lands of another, shall carry the person's | 11588 |
| special deer or wild turkey permit and exhibit it to any | 11589 |
| enforcement officer so requesting. Failure to so carry and exhibit | 11590 |
| such a permit constitutes an offense under this section. The chief | 11591 |
| of the division of wildlife shall adopt any additional rules the | 11592 |
| chief considers necessary to carry out this section and section | 11593 |
| 1533.10 of the Revised Code. | 11594 |
| The owner and the children of the owner of lands in this | 11595 |
| state may hunt deer or wild turkey thereon without a special deer | 11596 |
| or wild turkey permit. The tenant and children of the tenant may | 11597 |
| hunt deer or wild turkey on lands where they reside without a | 11598 |
| special deer or wild turkey permit. | 11599 |
| (B) A special deer or wild turkey permit is not transferable. | 11600 |
| No person shall carry a special deer or wild turkey permit issued | 11601 |
| in the name of another person. | 11602 |
| (C) The wildlife refunds fund is hereby created in the state | 11603 |
| treasury. The fund shall consist of money received from | 11604 |
| application fees for special deer permits that are not issued. | 11605 |
| Money in the fund shall be used to make refunds of such | 11606 |
| application fees. | 11607 |
| Sec. 1533.111. Except as provided in this section or | 11608 |
| division (A)(2) of section 1533.12 of the Revised Code, no person | 11609 |
| shall hunt or trap fur-bearing animals on land of another without | 11610 |
| first obtaining an annual fur taker permit. Each applicant for a | 11611 |
| fur taker permit shall pay an annual fee of fourteen dollars for | 11612 |
| the permit, except as otherwise provided in this section or unless | 11613 |
| the rules adopted under division (B) of section 1533.12 of the | 11614 |
| Revised Code provide for issuance of a fur taker permit to the | 11615 |
| applicant free of charge. Except as provided in rules adopted | 11616 |
| under division (B)(2) of that section, each applicant who is a | 11617 |
| resident of this state and who at the time of application is | 11618 |
| sixty-six years of age or older shall procure a special senior fur | 11619 |
| taker permit, the fee for which shall be one-half of the regular | 11620 |
| fur taker permit fee. Each applicant | 11621 |
| 11622 | |
| special youth fur taker permit, the fee for which shall be | 11623 |
| one-half of the regular fur taker permit fee. The fur taker permit | 11624 |
| shall run concurrently with the hunting license. The money | 11625 |
| received shall be paid into the state treasury to the credit of | 11626 |
| the fund established in section 1533.15 of the Revised Code. | 11627 |
| No fur taker permit shall be issued unless it is accompanied | 11628 |
| by a written explanation of the law in section 1533.17 of the | 11629 |
| Revised Code and the penalty for its violation, including a | 11630 |
| description of terms of imprisonment and fines that may be | 11631 |
| imposed. | 11632 |
| No fur taker permit shall be issued unless the applicant | 11633 |
| presents to the agent authorized to issue a fur taker permit a | 11634 |
| previously held hunting license or trapping or fur taker permit or | 11635 |
| evidence of having held such a license or permit in content and | 11636 |
| manner approved by the chief of the division of wildlife, a | 11637 |
| certificate of completion issued upon completion of a trapper | 11638 |
| education course approved by the chief, or evidence of equivalent | 11639 |
| training in content and manner approved by the chief. | 11640 |
| No person shall issue a fur taker permit to any person who | 11641 |
| fails to present the evidence required by this section. No person | 11642 |
| shall purchase or obtain a fur taker permit without presenting to | 11643 |
| the issuing agent the evidence required by this section. Issuance | 11644 |
| of a fur taker permit in violation of the requirements of this | 11645 |
| section is an offense by both the purchaser of the illegally | 11646 |
| obtained permit and the clerk or agent who issued the permit. Any | 11647 |
| fur taker permit issued in violation of this section is void. | 11648 |
| The chief, with approval of the wildlife council, shall adopt | 11649 |
| rules prescribing a trapper education course for first-time fur | 11650 |
| taker permit buyers and for volunteer instructors. The course | 11651 |
| shall consist of subjects that include, but are not limited to, | 11652 |
| trapping techniques, animal habits and identification, trapping | 11653 |
| tradition and ethics, the trapper and conservation, the law in | 11654 |
| section 1533.17 of the Revised Code along with the penalty for its | 11655 |
| violation, including a description of terms of imprisonment and | 11656 |
| fines that may be imposed, and other law relating to trapping. | 11657 |
| Authorized personnel of the division of wildlife or volunteer | 11658 |
| instructors approved by the chief shall conduct the courses with | 11659 |
| such frequency and at such locations throughout the state as to | 11660 |
| reasonably meet the needs of permit applicants. The chief shall | 11661 |
| issue a certificate of completion to each person who successfully | 11662 |
| completes the course and passes an examination prescribed by the | 11663 |
| chief. | 11664 |
| Every person, while hunting or trapping fur-bearing animals | 11665 |
| on lands of another, shall carry the person's fur taker permit | 11666 |
| 11667 | |
| signature written | 11668 |
| carry such a signed permit constitutes an offense under this | 11669 |
| section. The chief shall adopt any additional rules the chief | 11670 |
| considers necessary to carry out this section. | 11671 |
| The owner and the children of the owner of lands in this | 11672 |
| state may hunt or trap fur-bearing animals thereon without a fur | 11673 |
| taker permit. The tenant and children of the tenant may hunt or | 11674 |
| trap fur-bearing animals on lands where they reside without a fur | 11675 |
| taker permit. | 11676 |
| A fur taker permit is not transferable. No person shall carry | 11677 |
| a fur taker permit issued in the name of another person. | 11678 |
| A fur taker permit entitles a nonresident to take from this | 11679 |
| state fur-bearing animals taken and possessed by the nonresident | 11680 |
| as provided by law or division rule. | 11681 |
| Sec. 1533.112. Except as provided in this section or unless | 11682 |
| otherwise provided by division rule, no person shall hunt ducks, | 11683 |
| geese, or brant on the lands of another without first obtaining an | 11684 |
| annual wetlands habitat stamp. The annual fee for the wetlands | 11685 |
| habitat stamp shall be fourteen dollars for each stamp unless the | 11686 |
| rules adopted under division (B) of section 1533.12 provide for | 11687 |
| issuance of a wetlands habitat stamp to the applicant free of | 11688 |
| charge. | 11689 |
| Moneys received from the stamp fee shall be paid into the | 11690 |
| state treasury to the credit of the wetlands habitat fund, which | 11691 |
| is hereby established. Moneys shall be paid from the fund on the | 11692 |
| order of the director of natural resources for the following | 11693 |
| purposes: | 11694 |
| (A) Sixty per cent for projects that the division approves | 11695 |
| for the acquisition, development, management, or preservation of | 11696 |
| waterfowl areas within the state; | 11697 |
| (B) Forty per cent for contribution by the division to an | 11698 |
| appropriate nonprofit organization for the acquisition, | 11699 |
| development, management, or preservation of lands and waters | 11700 |
| within the United States or Canada that provide or will provide | 11701 |
| habitat for waterfowl with migration routes that cross this state. | 11702 |
| No moneys derived from the issuance of wetlands habitat | 11703 |
| stamps shall be spent for purposes other than those specified by | 11704 |
| this section. All investment earnings of the fund shall be | 11705 |
| credited to the fund. | 11706 |
| Wetlands habitat stamps shall be furnished by and in a form | 11707 |
| prescribed by the chief of the division of wildlife and issued by | 11708 |
| clerks and other agents authorized to issue licenses and permits | 11709 |
| under section 1533.13 of the Revised Code. The record of stamps | 11710 |
| kept by the clerks and other agents shall be uniform throughout | 11711 |
| the state, in such form or manner as the director prescribes, and | 11712 |
| open at all reasonable hours to the inspection of any person. | 11713 |
| Unless otherwise provided by rule, each stamp shall remain in | 11714 |
| force until midnight of the thirty-first day of August next | 11715 |
| ensuing. Wetlands habitat stamps may be issued in any manner to | 11716 |
| any person on any date, whether or not that date is within the | 11717 |
| period in which they are effective. | 11718 |
| Every person to whom this section applies, while hunting | 11719 |
| ducks, geese, or brant, shall carry an unexpired wetlands habitat | 11720 |
| stamp that is validated by the person's signature written on the | 11721 |
| stamp in ink and shall exhibit the stamp to any enforcement | 11722 |
| officer so requesting. No person shall fail to carry and exhibit | 11723 |
| the person's stamp. | 11724 |
| A wetlands habitat stamp is not transferable. | 11725 |
| The chief shall establish a procedure to obtain subject | 11726 |
| matter to be printed on the wetlands habitat stamp and shall use, | 11727 |
| dispose of, or distribute the subject matter as the chief | 11728 |
| considers necessary. The chief also shall adopt rules necessary to | 11729 |
| administer this section. | 11730 |
| This section does not apply to persons under sixteen years of | 11731 |
| age nor to persons exempted from procuring a hunting license under | 11732 |
| section 1533.10 or division (A)(2) of section 1533.12 of the | 11733 |
| Revised Code. | 11734 |
| Sec. 1533.12. (A)(1) Except as otherwise provided in | 11735 |
| division (A)(2) of this section, every person on active duty in | 11736 |
| the armed forces of the United States who is stationed in this | 11737 |
| state and who wishes to engage in an activity for which a license, | 11738 |
| permit, or stamp is required under this chapter first shall obtain | 11739 |
| the requisite license, permit, or stamp. Such a person is eligible | 11740 |
| to obtain a resident hunting or fishing license regardless of | 11741 |
| whether the person qualifies as a resident of this state. To | 11742 |
| obtain a resident hunting or fishing license, the person shall | 11743 |
| present a card or other evidence identifying the person as being | 11744 |
| on active duty in the armed forces of the United States and as | 11745 |
| being stationed in this state. | 11746 |
| (2) Every person on active duty in the armed forces of the | 11747 |
| United States, while on leave or furlough, may take or catch fish | 11748 |
| of the kind lawfully permitted to be taken or caught within the | 11749 |
| state, may hunt any wild bird or wild quadruped lawfully permitted | 11750 |
| to be hunted within the state, and may trap fur-bearing animals | 11751 |
| lawfully permitted to be trapped within the state, without | 11752 |
| procuring a fishing license, a hunting license, a fur taker | 11753 |
| permit, or a wetlands habitat stamp required by this chapter, | 11754 |
| provided that the person shall carry on the person when fishing, | 11755 |
| hunting, or trapping, a card or other evidence identifying the | 11756 |
| person as being on active duty in the armed forces of the United | 11757 |
| States, and provided that the person is not otherwise violating | 11758 |
| any of the hunting, fishing, and trapping laws of this state. | 11759 |
| In order to hunt deer or wild turkey, any such person shall | 11760 |
| obtain a special deer or wild turkey permit, as applicable, under | 11761 |
| section 1533.11 of the Revised Code. However, the person need not | 11762 |
| obtain a hunting license in order to obtain such a permit. | 11763 |
| (B) The chief of the division of wildlife shall provide by | 11764 |
| rule adopted under section 1531.10 of the Revised Code all of the | 11765 |
| following: | 11766 |
| (1) Every resident of this state with a disability that has | 11767 |
| been determined by the veterans administration to be permanently | 11768 |
| and totally disabling, who receives a pension or compensation from | 11769 |
| the veterans administration, and who received an honorable | 11770 |
| discharge from the armed forces of the United States, and every | 11771 |
| veteran to whom the registrar of motor vehicles has issued a set | 11772 |
| of license plates under section 4503.41 of the Revised Code, shall | 11773 |
| be issued an annual fishing license, hunting license, fur taker | 11774 |
| permit, deer or wild turkey permit, or wetlands habitat stamp, or | 11775 |
| any combination of those licenses, permits, and stamp, free of | 11776 |
| charge when application is made to the chief in the manner | 11777 |
| prescribed by and on forms provided by the chief. | 11778 |
| (2) Every resident of the state who was born on or before | 11779 |
| December 31, 1937, shall be issued an annual fishing license, | 11780 |
| hunting license, fur taker permit, deer or wild turkey permit, or | 11781 |
| wetlands habitat stamp, or any combination of those licenses, | 11782 |
| permits, and stamp, free of charge when application is made to the | 11783 |
| chief in the manner prescribed by and on forms provided by the | 11784 |
| chief. | 11785 |
| (3) Every resident of state or county institutions, | 11786 |
| charitable institutions, and military homes in this state shall be | 11787 |
| issued an annual fishing license free of charge when application | 11788 |
| is made to the chief in the manner prescribed by and on forms | 11789 |
| provided by the chief. | 11790 |
| (4) Any mobility impaired or blind person, as defined in | 11791 |
| section 955.011 of the Revised Code, who is a resident of this | 11792 |
| state and who is unable to engage in fishing without the | 11793 |
| assistance of another person shall be issued an annual fishing | 11794 |
| license free of charge when application is made to the chief in | 11795 |
| the manner prescribed by and on forms provided by the chief. The | 11796 |
| person who is assisting the mobility impaired or blind person may | 11797 |
| assist in taking or catching fish of the kind permitted to be | 11798 |
| taken or caught without procuring the license required under | 11799 |
| section 1533.32 of the Revised Code, provided that only one line | 11800 |
| is used by both persons. | 11801 |
| (5) As used in division (B)(5) of this section, "prisoner of | 11802 |
| war" means any regularly appointed, enrolled, enlisted, or | 11803 |
| inducted member of the military forces of the United States who | 11804 |
| was captured, separated, and incarcerated by an enemy of the | 11805 |
| United States. | 11806 |
| Any person who has been a prisoner of war, was honorably | 11807 |
| discharged from the military forces, and is a resident of this | 11808 |
| state shall be issued an annual fishing license, hunting license, | 11809 |
| fur taker permit, or wetlands habitat stamp, or any combination of | 11810 |
| those licenses, permits, and stamp, free of charge when | 11811 |
| application is made to the chief in the manner prescribed by and | 11812 |
| on forms provided by the chief. | 11813 |
| (C) The chief shall adopt rules pursuant to section 1531.08 | 11814 |
| of the Revised Code designating not more than two days, which need | 11815 |
| not be consecutive, in each year as "free sport fishing days" on | 11816 |
| which any resident may exercise the privileges accorded the holder | 11817 |
| of a fishing license issued under section 1533.32 of the Revised | 11818 |
| Code without procuring such a license, provided that the person is | 11819 |
| not otherwise violating any of the fishing laws of this state. | 11820 |
| Sec. 1533.32. Except as provided in this section or division | 11821 |
| (A)(2) or (C) of section 1533.12 of the Revised Code, no person, | 11822 |
| including nonresidents, shall take or catch any fish by angling in | 11823 |
| any of the waters in the state or engage in fishing in those | 11824 |
| waters without a license. No person shall take or catch frogs or | 11825 |
| turtles without a valid fishing license, except as provided in | 11826 |
| this section. Persons fishing in privately owned ponds, lakes, or | 11827 |
| reservoirs to or from which fish are not accustomed to migrate are | 11828 |
| exempt from the license requirements set forth in this section. | 11829 |
| Persons fishing in privately owned ponds, lakes, or reservoirs | 11830 |
| that are open to public fishing through an agreement or lease with | 11831 |
| the division of wildlife shall comply with the license | 11832 |
| requirements set forth in this section. | 11833 |
| The fee for an annual license shall be thirty-nine dollars | 11834 |
| for a resident of a state that is not a party to an agreement | 11835 |
| under section 1533.91 of the Revised Code. The fee for an annual | 11836 |
| license shall be eighteen dollars for a resident of a state that | 11837 |
| is a party to such an agreement. The fee for an annual license for | 11838 |
| residents of this state shall be eighteen dollars unless the rules | 11839 |
| adopted under division (B) of section 1533.12 of the Revised Code | 11840 |
| provide for issuance of a resident fishing license to the | 11841 |
| applicant free of charge. Except as provided in rules adopted | 11842 |
| under division (B)(2) of that section, each applicant who is a | 11843 |
| resident of this state and who at the time of application is | 11844 |
| sixty-six years of age or older shall procure a special senior | 11845 |
| fishing license, the fee for which shall be one-half of the annual | 11846 |
| resident fishing license fee. | 11847 |
| Any person under the age of sixteen years may take or catch | 11848 |
| frogs and turtles and take or catch fish by angling without a | 11849 |
| license. | 11850 |
| The chief of the division of wildlife may issue a tourist's | 11851 |
| license expiring three days from the effective date of the license | 11852 |
| to a resident of a state that is not a party to an agreement under | 11853 |
| section 1533.91 of the Revised Code. The fee for a tourist's | 11854 |
| license shall be eighteen dollars. | 11855 |
| The chief shall adopt rules under section 1531.10 of the | 11856 |
| Revised Code providing for the issuance of a one-day fishing | 11857 |
| license to a resident of this state or of any other state. The fee | 11858 |
| for such a license shall be fifty-five per cent of the amount | 11859 |
| established under this section for a tourist's license, rounded up | 11860 |
| to the nearest whole dollar. A one-day fishing license shall allow | 11861 |
| the holder to take or catch fish by angling in the waters in the | 11862 |
| state, engage in fishing in those waters, or take or catch frogs | 11863 |
| or turtles in those waters for one day without obtaining an annual | 11864 |
| license or a tourist's license under this section. At the request | 11865 |
| of a holder of a one-day fishing license who wishes to obtain an | 11866 |
| annual license, a clerk or agent authorized to issue licenses | 11867 |
| under section 1533.13 of the Revised Code, not later than the last | 11868 |
| day on which the one-day license would be valid if it were an | 11869 |
| annual license, shall credit the amount of the fee paid for the | 11870 |
| one-day license toward the fee charged for the annual license if | 11871 |
| so authorized by the chief. The clerk or agent shall issue the | 11872 |
| annual license upon presentation of the one-day license and | 11873 |
| payment of a fee in an amount equal to the difference between the | 11874 |
| fee for the annual license and the fee for the one-day license. | 11875 |
| | 11876 |
| Unless otherwise provided by division rule, each annual | 11877 |
| license shall begin on the first day of March of the current year | 11878 |
| and expire on the last day of February of the following year. | 11879 |
| No person shall alter a fishing license or possess a fishing | 11880 |
| license that has been altered. | 11881 |
| No person shall procure or attempt to procure a fishing | 11882 |
| license by fraud, deceit, misrepresentation, or any false | 11883 |
| statement. | 11884 |
| Owners of land over, through, upon, or along which any water | 11885 |
| flows or stands, except where the land is in or borders on state | 11886 |
| parks or state-owned lakes, together with the members of the | 11887 |
| immediate families of such owners, may take frogs and turtles and | 11888 |
| may take or catch fish of the kind permitted to be taken or caught | 11889 |
| therefrom without procuring a license provided for in this | 11890 |
| section. This exemption extends to tenants actually residing upon | 11891 |
| such lands and to the members of the immediate families of the | 11892 |
| tenants. Residents of state or county institutions, charitable | 11893 |
| institutions, and military homes in this state may take frogs and | 11894 |
| turtles without procuring the required license, provided that a | 11895 |
| member of the institution or home has an identification card, | 11896 |
| which shall be carried on that person when fishing. | 11897 |
| Every fisher required to be licensed, while fishing or taking | 11898 |
| or attempting to take frogs or turtles, shall carry the license | 11899 |
| and exhibit it to any person. Failure to so carry and exhibit the | 11900 |
| license constitutes an offense under this section. | 11901 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 11902 |
| for state park purposes shall be under the control and management | 11903 |
| of the division of parks and recreation, which shall protect, | 11904 |
| maintain, and keep them in repair. The division shall have the | 11905 |
| following powers over all such lands and waters: | 11906 |
| (A) To make alterations and improvements; | 11907 |
| (B) To construct and maintain dikes, wharves, landings, | 11908 |
| docks, dams, and other works; | 11909 |
| (C) To construct and maintain roads and drives in, around, | 11910 |
| upon, and to the lands and waters to make them conveniently | 11911 |
| accessible and useful to the public; | 11912 |
| (D) | 11913 |
| adopt, amend, and rescind, in accordance with Chapter 119. of the | 11914 |
| Revised Code, rules necessary for the proper management of state | 11915 |
| parks, bodies of water, and the lands adjacent to them under its | 11916 |
| jurisdiction and control, including the following: | 11917 |
| (1) Governing opening and closing times and dates of the | 11918 |
| parks; | 11919 |
| (2) Establishing fees and charges for | 11920 |
| 11921 |
| (3) Governing camps, camping, and fees for camps and camping; | 11922 |
| (4) Governing the application for and rental of, rental fees | 11923 |
| for, and the use of cabins; | 11924 |
| (5) Relating to public use of state park lands, and governing | 11925 |
| the operation of motor vehicles, including speeds, and parking on | 11926 |
| those lands; | 11927 |
| (6) Governing all advertising within state parks and the | 11928 |
| requirements for the operation of places selling tangible personal | 11929 |
| property and control of food service sales on lands and waters | 11930 |
| under the control of the division, which rules shall establish | 11931 |
| uniform requirements; | 11932 |
| (7) Providing uniform standards relating to the size, type, | 11933 |
| location, construction, and maintenance of structures and devices | 11934 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 11935 |
| and powercraft, as those terms are defined in section 1547.01 of | 11936 |
| the Revised Code, over waters under the control of the division | 11937 |
| and establishing reasonable fees for the construction of and | 11938 |
| annual use permits for those structures and devices; | 11939 |
| (8) Governing state beaches, swimming, inflatable devices, | 11940 |
| and fees for them; | 11941 |
| (9) Governing the removal and disposition of any watercraft, | 11942 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 11943 |
| section 1547.01 of the Revised Code, left unattended for more than | 11944 |
| seven days on any lands or waters under the control of the | 11945 |
| division; | 11946 |
| (10) Governing the establishment and collection of check | 11947 |
| collection charges for checks that are returned to the division or | 11948 |
| dishonored for any reason. | 11949 |
| The division shall adopt rules under this section | 11950 |
| establishing a discount program for all persons who are issued a | 11951 |
| golden buckeye card under section 173.06 of the Revised Code. The | 11952 |
| discount program shall provide a discount for all park services | 11953 |
| and rentals, but shall not provide a discount for the purchase of | 11954 |
| merchandise. | 11955 |
| The division shall not adopt rules establishing fees or | 11956 |
| charges for parking a motor vehicle in a state park or for | 11957 |
| admission to a state park. | 11958 |
| Every resident of this state with a disability that has been | 11959 |
| determined by the veterans administration to be permanently and | 11960 |
| totally disabling, who receives a pension or compensation from the | 11961 |
| veterans administration, and who received an honorable discharge | 11962 |
| from the armed forces of the United States, and every veteran to | 11963 |
| whom the registrar of motor vehicles has issued a set of license | 11964 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 11965 |
| from the fees for camping, provided that the resident or veteran | 11966 |
| carries in the state park such evidence of the resident's or | 11967 |
| veteran's disability as the chief of the division of parks and | 11968 |
| recreation prescribes by rule. | 11969 |
| | 11970 |
| resident of this state who is sixty-five years of age or older or | 11971 |
| who is permanently and totally disabled and who furnishes evidence | 11972 |
| of that age or disability in a manner prescribed by division rule | 11973 |
| shall be charged one-half of the regular fee for camping, except | 11974 |
| on the weekends and
holidays designated by the division | 11975 |
| 11976 | |
| regular charges for state recreational facilities, equipment, | 11977 |
| services, and food service operations utilized by the person at | 11978 |
| any time of year, whether maintained or operated by the state or | 11979 |
| leased for operation by another entity. | 11980 |
| As used in this section, "food service operations" means | 11981 |
| restaurants that are owned by the department of natural resources | 11982 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 11983 |
| parks or are part of a state park lodge. "Food service operations" | 11984 |
| does not include automatic vending machines, concession stands, or | 11985 |
| snack bars. | 11986 |
| As used in this section, "prisoner of war" means any | 11987 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 11988 |
| military forces of the United States who was captured, separated, | 11989 |
| and incarcerated by an enemy of the United States. Any person who | 11990 |
| has been a prisoner of war, was honorably discharged from the | 11991 |
| military forces, and is a resident of this state is exempt from | 11992 |
| the fees for camping. To claim this exemption, the person shall | 11993 |
| present written evidence in the form of a record of separation, a | 11994 |
| letter from one of the military forces of the United States, or | 11995 |
| such other evidence as the chief prescribes by rule that satisfies | 11996 |
| the eligibility criteria established by this section. | 11997 |
| Sec. 1547.721. As used in sections 1547.721 to 1547.726 of | 11998 |
| the Revised Code: | 11999 |
| (A) "Eligible project" means a project that involves the | 12000 |
| acquisition, construction, establishment, reconstruction, | 12001 |
| rehabilitation, renovation, enlargement, improvement, equipping, | 12002 |
| furnishing, or development of either of the following: | 12003 |
| (1) Marine recreational facilities; | 12004 |
| (2) Refuge harbors and other projects for the harboring, | 12005 |
| mooring, docking, launching, and storing of light draft vessels. | 12006 |
| (B) "Marine recreational facilities," "refuge harbors," | 12007 |
| "light draft vessels," and "allowable costs" have the meanings | 12008 |
| established in rules adopted under section 1547.723 of the Revised | 12009 |
| Code. | 12010 |
| (C) "Revolving loan program" means the loan program | 12011 |
| established under sections 1547.721 to 1547.726 of the Revised | 12012 |
| Code. | 12013 |
| (D) "State agency" has the same meaning as in section 9.66 of | 12014 |
| the Revised Code. | 12015 |
| Sec. 1547.722. There is hereby created in the state treasury | 12016 |
| the watercraft revolving loan fund consisting of money | 12017 |
| appropriated or transferred to it, money received and credited to | 12018 |
| the fund under section 1547.726 of the Revised Code, and any | 12019 |
| grants, gifts, or contributions of moneys received for deposit to | 12020 |
| the credit of the fund. | 12021 |
| The director of natural resources shall use money in the | 12022 |
| watercraft revolving loan fund for the purpose of making loans | 12023 |
| under section 1547.724 of the Revised Code for eligible projects | 12024 |
| and taking actions under sections 1547.721 to 1547.726 of the | 12025 |
| Revised Code necessary to fulfill that purpose. The director may | 12026 |
| establish separate accounts in the fund for particular projects or | 12027 |
| otherwise. Income from the investment of money in the fund shall | 12028 |
| be credited to the fund, and, if the director so requires, to | 12029 |
| particular accounts in the fund. | 12030 |
| Sec. 1547.723. (A) The director of natural resources shall | 12031 |
| adopt rules under Chapter 119. of the Revised Code that the | 12032 |
| director determines to be necessary for the implementation of the | 12033 |
| revolving loan program. The rules shall include a definition of | 12034 |
| what constitutes "allowable costs" of an eligible project for | 12035 |
| purposes of the program together with a definition of "marine | 12036 |
| recreational facilities," "refuge harbors," and "light draft | 12037 |
| vessels," respectively. | 12038 |
| (B) The director may delegate any of the director's duties or | 12039 |
| responsibilities under sections 1547.721 to 1547.726 of the | 12040 |
| Revised Code to the chief of the division of watercraft. | 12041 |
| Sec. 1547.724. (A) With the approval of the controlling | 12042 |
| board, and subject to the other applicable provisions of sections | 12043 |
| 1547.721 to 1547.726 of the Revised Code, the director of natural | 12044 |
| resources may lend moneys in the watercraft revolving loan fund to | 12045 |
| public or private entities for the purpose of paying the allowable | 12046 |
| costs of an eligible project. Loans shall be made under this | 12047 |
| division only if the director determines that all of the following | 12048 |
| apply: | 12049 |
| (1) The project is an eligible project and is economically | 12050 |
| sound; | 12051 |
| (2) The borrower is unable to finance the necessary allowable | 12052 |
| costs through ordinary financial channels upon comparable terms; | 12053 |
| (3) The repayment of the loan will be adequately secured by a | 12054 |
| mortgage, lien, assignment, or pledge at a level of priority as | 12055 |
| the director may require; | 12056 |
| (4) The amount of the loan does not exceed ninety per cent of | 12057 |
| the total cost of the project. | 12058 |
| (B) The determinations of the director under division (A) of | 12059 |
| this section shall be conclusive for purposes of the validity of a | 12060 |
| loan commitment evidenced by a loan agreement signed by the | 12061 |
| director. Further, the director's determinations that a project | 12062 |
| constitutes an eligible project and that the costs of such a | 12063 |
| project are allowable costs, together with all other | 12064 |
| determinations relevant to the project or to an action taken or | 12065 |
| agreement entered into under sections 1547.721 to 1547.726 of the | 12066 |
| Revised Code shall be conclusive for purposes of the validity and | 12067 |
| enforceability of rights of parties arising from actions taken and | 12068 |
| agreements entered into under those sections. | 12069 |
| (C) The director may take any actions necessary or | 12070 |
| appropriate with respect to a loan made under this section, | 12071 |
| including facilitating the collection of amounts due on a loan. | 12072 |
| Sec. 1547.725. For purposes of the revolving loan program, | 12073 |
| the director of natural resources may do any of the following: | 12074 |
| (A) Establish fees, charges, rates of interest, times of | 12075 |
| payment of interest and principal, and other terms, conditions, | 12076 |
| and provisions of and security for loans made from the watercraft | 12077 |
| revolving loan fund that the director determines to be appropriate | 12078 |
| and in furtherance of the purpose for which the loans are made; | 12079 |
| (B) Retain the services of or employ financial consultants, | 12080 |
| appraisers, consulting engineers, superintendents, managers, | 12081 |
| construction and accounting experts, attorneys, and employees, | 12082 |
| agents, and independent contractors that the director determines | 12083 |
| to be necessary and fix the compensation for their services; | 12084 |
| (C) Receive and accept from any person grants, gifts, | 12085 |
| contributions of money, property, labor, and other things of value | 12086 |
| to be held, used, and applied only for the purpose for which such | 12087 |
| grants, gifts, and contributions are made; | 12088 |
| (D) Enter into appropriate agreements with other governmental | 12089 |
| entities to provide for all of the following: | 12090 |
| (1) Payment of allowable costs related to the development of | 12091 |
| eligible projects for which loans have been made from the | 12092 |
| watercraft revolving loan fund; | 12093 |
| (2) Any governmental action a governmental entity is | 12094 |
| authorized to take, including undertaking on behalf and at the | 12095 |
| request of the director any action that the director is authorized | 12096 |
| to undertake pursuant to sections 1547.721 to 1547.725 of the | 12097 |
| Revised Code; | 12098 |
| (3) The operation of facilities associated with eligible | 12099 |
| projects. | 12100 |
| All state agencies shall cooperate with and provide | 12101 |
| assistance to the director as is necessary for the administration | 12102 |
| of sections 1547.721 to 1547.726 of the Revised Code. | 12103 |
| Sec. 1547.726. All money received by the state from the | 12104 |
| repayment of loans made from the watercraft revolving loan fund, | 12105 |
| including interest, fees, and charges associated with such loans, | 12106 |
| shall be deposited to the credit of the watercraft revolving loan | 12107 |
| fund. | 12108 |
| Sec. 1548.06. (A)(1) Application for a certificate of title | 12109 |
| for a watercraft or outboard motor shall be made upon a form | 12110 |
| prescribed by the chief of the division of watercraft and shall be | 12111 |
| sworn to before a notary public or other officer empowered to | 12112 |
| administer oaths. The application shall be filed with the clerk of | 12113 |
| any court of common pleas. An application for a certificate of | 12114 |
| title may be filed electronically by any electronic means approved | 12115 |
| by the chief in any county with the clerk of the court of common | 12116 |
| pleas of that county. The application shall be accompanied by the | 12117 |
| fee prescribed in section 1548.10 of the Revised Code. The fee | 12118 |
| shall be retained by the clerk who issues the certificate of title | 12119 |
| and shall be distributed in accordance with that section. If a | 12120 |
| clerk of a court of common pleas, other than the clerk of the | 12121 |
| court of common pleas of an applicant's county of residence, | 12122 |
| issues a certificate of title to the applicant, the clerk shall | 12123 |
| transmit data related to the transaction to the automated title | 12124 |
| processing system. | 12125 |
| (2) If a certificate of title previously has been issued for | 12126 |
| the watercraft or outboard motor, the application for a | 12127 |
| certificate of title also shall be accompanied by the certificate | 12128 |
| of title duly assigned unless otherwise provided in this chapter. | 12129 |
| If a certificate of title previously has not been issued for the | 12130 |
| watercraft or outboard motor in this state, the application, | 12131 |
| unless otherwise provided in this chapter, shall be accompanied by | 12132 |
| a manufacturer's or importer's certificate; by a sworn statement | 12133 |
| of ownership if the watercraft or outboard motor was purchased by | 12134 |
| the applicant on or before October 9, 1963, or if the watercraft | 12135 |
| is less than fourteen feet long with a permanently affixed | 12136 |
| mechanical means of propulsion and was purchased by the applicant | 12137 |
| on or before January 1, 2000; or by a certificate of title, bill | 12138 |
| of sale, or other evidence of ownership required by the law of | 12139 |
| another state from which the watercraft or outboard motor was | 12140 |
| brought into this state. Evidence of ownership of a watercraft or | 12141 |
| outboard motor for which an Ohio certificate of title previously | 12142 |
| has not been issued and which watercraft or outboard motor does | 12143 |
| not have permanently affixed to it a manufacturer's serial number | 12144 |
| shall be accompanied by the certificate of assignment of a hull | 12145 |
| identification number assigned by the chief as provided in section | 12146 |
| 1548.07 of the Revised Code. | 12147 |
| (3) The clerk shall retain the evidence of title presented by | 12148 |
| the applicant and on which the certificate of title is issued, | 12149 |
| except that, if an application for a certificate of title is filed | 12150 |
| electronically, by a vendor on behalf of a purchaser of a | 12151 |
| watercraft or outboard motor, the clerk shall retain the completed | 12152 |
| electronic record to which the vendor converted the certificate of | 12153 |
| title application and other required documents. The chief, after | 12154 |
| consultation with the attorney general, shall adopt rules that | 12155 |
| govern the location at which, and the manner in which, are stored | 12156 |
| the actual application and all other documents relating to the | 12157 |
| sale of a watercraft or outboard motor when a vendor files the | 12158 |
| application for a certificate of title electronically on behalf of | 12159 |
| a purchaser. | 12160 |
| (B) The clerk shall use reasonable diligence in ascertaining | 12161 |
| whether the facts in the application are true by checking the | 12162 |
| application and documents accompanying it or the electronic record | 12163 |
| to which a vendor converted the application and accompanying | 12164 |
| documents with the records of watercraft and outboard motors in | 12165 |
| the clerk's office. If the clerk is satisfied that the applicant | 12166 |
| is the owner of the watercraft or outboard motor and that the | 12167 |
| application is in the proper form, the clerk shall issue a | 12168 |
| physical certificate of title over the clerk's signature and | 12169 |
| sealed with the clerk's seal unless the applicant specifically | 12170 |
| requests the clerk not to issue a physical certificate of title | 12171 |
| and instead to issue an electronic certificate of title. However, | 12172 |
| if the evidence indicates and an investigation shows that one or | 12173 |
| more Ohio titles already exist for the watercraft or outboard | 12174 |
| motor, the chief may cause the redundant title or titles to be | 12175 |
| canceled. | 12176 |
| (C) In the case of the sale of a watercraft or outboard motor | 12177 |
| by a vendor to a general purchaser or user, the certificate of | 12178 |
| title shall be obtained in the name of the purchaser by the vendor | 12179 |
| upon application signed by the purchaser. In all other cases, the | 12180 |
| certificate shall be obtained by the purchaser. In all cases of | 12181 |
| transfer of watercraft or outboard motors, the application for | 12182 |
| certificate of title shall be filed within thirty days after the | 12183 |
| later of the date of purchase or assignment of ownership of the | 12184 |
| watercraft or outboard motor. If the application for certificate | 12185 |
| of title is not filed within thirty days after the later of the | 12186 |
| date of purchase or assignment of ownership of the watercraft or | 12187 |
| outboard motor, the clerk shall charge a late penalty fee of five | 12188 |
| dollars in addition to the fee prescribed by section 1548.10 of | 12189 |
| the Revised Code. The clerk shall retain the entire amount of each | 12190 |
| late penalty fee. | 12191 |
| (D) The clerk shall refuse to accept an application for | 12192 |
| certificate of title unless the applicant either tenders with the | 12193 |
| application payment of all taxes levied by or pursuant to Chapter | 12194 |
| 5739. or 5741. of the Revised Code based on the applicant's county | 12195 |
| of residence less, in the case of a sale by a vendor, any discount | 12196 |
| to which the vendor is entitled under section 5739.12 of the | 12197 |
| Revised Code, or submits any of the following: | 12198 |
| | 12199 |
| courts showing payment of the tax; | 12200 |
| | 12201 |
| by the purchaser at the time of sale as provided in section | 12202 |
| 5739.03 of the Revised Code; | 12203 |
| | 12204 |
| tax commissioner, that specifies why the purchase is not subject | 12205 |
| to the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 12206 |
| Payment of the tax shall be in accordance with rules issued | 12207 |
| by the tax commissioner, and the clerk shall issue a receipt in | 12208 |
| the form prescribed by the tax commissioner to any applicant who | 12209 |
| tenders payment of the tax with the application for the | 12210 |
| certificate of title. | 12211 |
| (E)(1) For receiving and disbursing the taxes paid to the | 12212 |
| clerk by a resident of the clerk's county, the clerk may retain a | 12213 |
| poundage fee of one and one one-hundredth per cent of the taxes | 12214 |
| collected, which shall be paid into the certificate of title | 12215 |
| administration fund created by section 325.33 of the Revised Code. | 12216 |
| The clerk shall not retain a poundage fee from payments of taxes | 12217 |
| by persons who do not reside in the clerk's county. | 12218 |
| (2) A clerk, however, may retain from the taxes paid to the | 12219 |
| clerk an amount equal to the poundage fees associated with | 12220 |
| certificates of title issued by other clerks of courts of common | 12221 |
| pleas to applicants who reside in the first clerk's county. The | 12222 |
| chief of the division of watercraft, in consultation with the tax | 12223 |
| commissioner and the clerks of the courts of common pleas, shall | 12224 |
| develop a report from the automated title processing system that | 12225 |
| informs each clerk of the amount of the poundage fees that the | 12226 |
| clerk is permitted to retain from those taxes because of | 12227 |
| certificates of title issued by the clerks of other counties to | 12228 |
| applicants who reside in the first clerk's county. | 12229 |
| (F) In the case of casual sales of watercraft or outboard | 12230 |
| motors that are subject to the tax imposed by Chapter 5739. or | 12231 |
| 5741. of the Revised Code, the purchase price for the purpose of | 12232 |
| determining the tax shall be the purchase price on an affidavit | 12233 |
| executed and filed with the clerk by the vendor on a form to be | 12234 |
| prescribed by the chief, which shall be prima-facie evidence of | 12235 |
| the price for the determination of the tax. In addition to the | 12236 |
| information required by section 1548.08 of the Revised Code, each | 12237 |
| certificate of title shall contain in bold lettering the following | 12238 |
| notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE | 12239 |
| (SELLER AND BUYER). You are required by law to state the true | 12240 |
| selling price. A false statement is a violation of section 2921.13 | 12241 |
| of the Revised Code and is punishable by six months imprisonment | 12242 |
| or a fine of up to one thousand dollars, or both. All transfers | 12243 |
| are audited by the department of taxation. The seller and buyer | 12244 |
| must provide any information requested by the department of | 12245 |
| taxation. The buyer may be assessed any additional tax found to be | 12246 |
| due." | 12247 |
| | 12248 |
| 12249 | |
| 12250 | |
| 12251 | |
| clerk of courts shall forward to the treasurer of state all sales | 12252 |
| and use tax collections resulting from sales of titled watercraft | 12253 |
| and outboard motors during a calendar week on or before the Friday | 12254 |
| following the close of that week. If, on any Friday, the offices | 12255 |
| of the clerk of courts or the state are not open for business, the | 12256 |
| tax shall be forwarded to the treasurer of state on or before the | 12257 |
| next day on which the offices are open. Every remittance of tax | 12258 |
| under this division shall be accompanied by a remittance report in | 12259 |
| such form as the tax commissioner prescribes. Upon receipt of a | 12260 |
| tax remittance and remittance report, the treasurer of state shall | 12261 |
| date stamp the report and forward it to the tax commissioner. If | 12262 |
| the tax due for any week is not remitted by a clerk of courts as | 12263 |
| required under this division, the clerk shall forfeit the poundage | 12264 |
| fees for the sales made during that week. The treasurer of state | 12265 |
| may require the clerks of courts to transmit tax collections and | 12266 |
| remittance reports electronically. | 12267 |
| (H) For purposes of a transfer of a certificate of title, if | 12268 |
| the clerk is satisfied that a secured party has discharged a lien | 12269 |
| but has not canceled the lien notation with a clerk, the clerk may | 12270 |
| cancel the lien notation on the automated title processing system | 12271 |
| and notify the clerk of the county of origin. | 12272 |
| (I) Every clerk shall have the capability to transact by | 12273 |
| electronic means all procedures and transactions relating to the | 12274 |
| issuance of watercraft or outboard motor certificates of title | 12275 |
| that are described in the Revised Code as being accomplished by | 12276 |
| electronic means. | 12277 |
| Sec. 1711.53. (A)(1) No person shall operate an amusement | 12278 |
| ride within the state without a permit issued by the director of | 12279 |
| agriculture under division (A)(2) of this section. The owner of an | 12280 |
| amusement ride, whether the ride is a temporary amusement ride or | 12281 |
| a permanent amusement ride, who desires to operate the amusement | 12282 |
| ride within the state shall, prior to the operation of the | 12283 |
| amusement ride and annually thereafter, submit to the department | 12284 |
| of agriculture an application for a permit, together with the | 12285 |
| appropriate permit and inspection fee, on a form to be furnished | 12286 |
| by the department. Prior to issuing any permit the department | 12287 |
| shall, within thirty days after the date on which it receives the | 12288 |
| application, inspect each amusement ride described in the | 12289 |
| application. The owner of an amusement ride shall have the | 12290 |
| amusement ride ready for inspection not later than two hours after | 12291 |
| the time that is requested by the person for the inspection. | 12292 |
| (2) For each amusement ride found to comply with the rules | 12293 |
| adopted by the director under division (B) of this section and | 12294 |
| division (B) of section 1711.551 of the Revised Code, the director | 12295 |
| shall issue an annual permit, provided that evidence of liability | 12296 |
| insurance coverage for the amusement ride as required by section | 12297 |
| 1711.54 of the Revised Code is on file with the department. | 12298 |
| (3) The director shall issue with each permit a decal | 12299 |
| indicating that the amusement ride has been issued the permit. The | 12300 |
| owner of the amusement ride shall affix the decal on the ride at a | 12301 |
| location where the decal is easily visible to the patrons of the | 12302 |
| ride. A copy of the permit shall be kept on file at the same | 12303 |
| address as the location of the amusement ride identified on the | 12304 |
| permit, and shall be made available for inspection, upon | 12305 |
| reasonable demand, by any person. An owner may operate an | 12306 |
| amusement ride prior to obtaining a permit, provided that the | 12307 |
| operation is for the purpose of testing the amusement ride or | 12308 |
| training amusement ride operators and other employees of the owner | 12309 |
| and the amusement ride is not open to the public. | 12310 |
| (B) The director, in accordance with Chapter 119. of the | 12311 |
| Revised Code, shall adopt rules providing for a schedule of fines, | 12312 |
| with no fine exceeding five thousand dollars, for violations of | 12313 |
| sections 1711.50 to 1711.57 of the Revised Code or any rules | 12314 |
| adopted under this division and for the classification of | 12315 |
| amusement rides and rules for the safe operation and inspection of | 12316 |
| all amusement rides as are necessary for amusement ride safety and | 12317 |
| for the protection of the general public. Rules adopted by the | 12318 |
| director for the safe operation and inspection of amusement rides | 12319 |
| shall be reasonable and based upon generally accepted engineering | 12320 |
| standards and practices. In adopting rules under this section, the | 12321 |
| director may adopt by reference, in whole or in part, the national | 12322 |
| fire code or the national electrical code prepared by the national | 12323 |
| fire protection association, the standards of ASTM or the American | 12324 |
| national standards institute, or any other principles, tests, or | 12325 |
| standards of nationally recognized technical or scientific | 12326 |
| authorities. Insofar as is practicable and consistent with | 12327 |
| sections 1711.50 to 1711.57 of the Revised Code, rules adopted | 12328 |
| under this division shall be consistent with the rules of other | 12329 |
| states. The department shall cause sections 1711.50 to 1711.57 of | 12330 |
| the Revised Code and the rules adopted in accordance with this | 12331 |
| division and division (B) of section 1711.551 of the Revised Code | 12332 |
| to be published in pamphlet form and a copy to be furnished | 12333 |
| without charge to each owner of an amusement ride who holds a | 12334 |
| current permit or is an applicant therefor. | 12335 |
| (C) With respect to an application for a permit for an | 12336 |
| amusement ride, an owner may apply to the director for a waiver or | 12337 |
| modification of any rule adopted under division (B) of this | 12338 |
| section if there are practical difficulties or unnecessary | 12339 |
| hardships for the amusement ride to comply with the rules. Any | 12340 |
| application shall set forth the reasons for the request. The | 12341 |
| director, with the approval of the advisory council on amusement | 12342 |
| ride safety, may waive or modify the application of a rule to any | 12343 |
| amusement ride if the public safety is secure. Any authorization | 12344 |
| by the director under this division shall be in writing and shall | 12345 |
| set forth the conditions under which the waiver or modification is | 12346 |
| authorized, and the department shall retain separate records of | 12347 |
| all proceedings under this division. | 12348 |
| (D)(1) The director shall employ and provide for training of | 12349 |
| a chief inspector and additional inspectors and employees as may | 12350 |
| be necessary to administer and enforce sections 1711.50 to 1711.57 | 12351 |
| of the Revised Code. The director may appoint or contract with | 12352 |
| other persons to perform inspections of amusement rides, provided | 12353 |
| that the persons meet the qualifications for inspectors | 12354 |
| established by rules adopted under division (B) of this section | 12355 |
| and are not owners, or employees of owners, of any amusement ride | 12356 |
| subject to inspection under sections 1711.50 to 1711.57 of the | 12357 |
| Revised Code. No person shall inspect an amusement ride who, | 12358 |
| within six months prior to the date of inspection, was an employee | 12359 |
| of the owner of the ride. | 12360 |
| (2) Before the director contracts with other persons to | 12361 |
| inspect amusement rides, the director shall seek the advice of the | 12362 |
| advisory council on amusement ride safety on whether to contract | 12363 |
| with those persons. The advice shall not be binding upon the | 12364 |
| director. After having received the advice of the council, the | 12365 |
| director may proceed to contract with inspectors in accordance | 12366 |
| with the procedures specified in division (E)(2) of section | 12367 |
| 1711.11 of the Revised Code. | 12368 |
| (3) With the advice and consent of the advisory council on | 12369 |
| amusement ride safety, the director may employ a special | 12370 |
| consultant to conduct an independent investigation of an amusement | 12371 |
| ride accident. This consultant need not be in the civil service of | 12372 |
| the state, but shall have qualifications to conduct the | 12373 |
| investigation acceptable to the council. | 12374 |
| (E)(1) Except as otherwise provided in division (E)(1) of | 12375 |
| this section, the department shall charge the following amusement | 12376 |
| ride fees: | 12377 |
| Permit for residential amusement ride | $ 50 | 12378 | |||
| Permit for commercial amusement ride | $ 150 | 12379 | |||
| Annual inspection and reinspection per ride: | 12380 | ||||
| Kiddie rides | $ 100 | 12381 | |||
| Roller coaster | $ 950 | 12382 | |||
| Aerial lifts or bungee | 12383 | ||||
| jumping facilities | $ 450 | 12384 | |||
| Go karts | $ 5 | 12385 | |||
| Other rides | $ 160 | 12386 | |||
| Midseason operational inspection per ride | $ 25 | 12387 | |||
| Expedited inspection per ride | $ 100 | 12388 | |||
| Failure to cancel scheduled inspection per ride | $ 100 | 12389 | |||
| Failure to have amusement ride ready for | 12390 | ||||
| inspection per ride | $100 | 12391 | |||
| The go kart inspection fee is in addition to the inspection | 12392 |
| fee for the go kart track. | 12393 |
| The fees for an expedited inspection, failure to cancel a | 12394 |
| scheduled inspection, and failure to have an amusement ride ready | 12395 |
| for inspection do not apply to go karts. | 12396 |
| As used in division (E)(1) of this section, "expedited | 12397 |
| inspection" means an inspection of an amusement ride by the | 12398 |
| department not later than ten days after the owner of the | 12399 |
| amusement ride files an application for a permit under this | 12400 |
| section. | 12401 |
| (2) All fees and fines collected by the department under | 12402 |
| sections 1711.50 to 1711.57 of the Revised Code shall be deposited | 12403 |
| in the state treasury to the credit of the amusement ride | 12404 |
| inspection fund, which is hereby created, and shall be used only | 12405 |
| for the purpose of administering and enforcing sections 1711.11 | 12406 |
| and 1711.50 to 1711.57 of the Revised Code. | 12407 |
| (3) The owner of an amusement ride shall be required to pay a | 12408 |
| reinspection fee only if the reinspection was conducted at the | 12409 |
| owner's request under division (F) of this section, if the | 12410 |
| reinspection is required by division (F) of this section because | 12411 |
| of an accident, or if the reinspection is required by division (F) | 12412 |
| of section 1711.55 of the Revised Code. If a reinspection is | 12413 |
| conducted at the request of the chief officer of a fair, festival, | 12414 |
| or event where the ride is operating, the reinspection fee shall | 12415 |
| be charged to the fair, festival, or event. | 12416 |
| (4) The rules adopted under division (B) of this section | 12417 |
| shall define "kiddie rides," "roller coaster," "aerial lifts," "go | 12418 |
| karts," and "other rides" for purposes of determining the fees | 12419 |
| under division (E) of this section. The rules shall define "other | 12420 |
| rides" to include go kart tracks. | 12421 |
| (F) A reinspection of an amusement ride shall take place if | 12422 |
| an accident occurs, if the owner of the ride or the chief officer | 12423 |
| of the fair, festival, or event where the ride is operating | 12424 |
| requests a reinspection, or if the reinspection is required by | 12425 |
| division (F) of section 1711.55 of the Revised Code. | 12426 |
| (G) As a supplement to its annual inspection of a temporary | 12427 |
| amusement ride, the department may inspect the ride during each | 12428 |
| scheduled event, as listed in the schedule of events provided to | 12429 |
| the department by the owner pursuant to division (C) of section | 12430 |
| 1711.55 of the Revised Code, at which the ride is operated in this | 12431 |
| state. These supplemental inspections are in addition to any other | 12432 |
| inspection or reinspection of the ride as may be required under | 12433 |
| sections 1711.50 to 1711.57 of the Revised Code, and the owner of | 12434 |
| the temporary amusement ride is not required to pay an inspection | 12435 |
| or reinspection fee for this supplemental inspection. Nothing in | 12436 |
| this division shall be construed to prohibit the owner of a | 12437 |
| temporary amusement ride having a valid permit to operate in this | 12438 |
| state from operating the ride at a scheduled event before the | 12439 |
| department conducts a supplemental inspection. | 12440 |
| (H) The department may annually conduct a midseason | 12441 |
| operational inspection of every amusement ride upon which it | 12442 |
| conducts an annual inspection pursuant to division (A) of this | 12443 |
| section. The midseason operational inspection is in addition to | 12444 |
| any other inspection or reinspection of the amusement ride as may | 12445 |
| be required pursuant to sections 1711.50 to 1711.57 of the Revised | 12446 |
| Code. The owner of an amusement ride shall submit to the | 12447 |
| department, at the time determined by the department, the | 12448 |
| midseason operational inspection fee specified in division (E) of | 12449 |
| this section. The director, in accordance with Chapter 119. of the | 12450 |
| Revised Code, shall adopt rules specifying the time period during | 12451 |
| which the department will conduct midseason operational | 12452 |
| inspections. | 12453 |
| Sec. 1713.03. The Ohio board of regents shall establish | 12454 |
| standards for certificates of authorization to be issued to | 12455 |
| institutions as defined in section 1713.01 of the Revised Code, to | 12456 |
| private institutions exempt from regulation under Chapter 3332. of | 12457 |
| the Revised Code as prescribed in section 3333.046 of the Revised | 12458 |
| Code, and to schools holding certificates of registration issued | 12459 |
| by the state board of career colleges and schools pursuant to | 12460 |
| division (C) of section 3332.05 of the Revised Code. A certificate | 12461 |
| of authorization may permit an institution or school to award one | 12462 |
| or more types of degrees. | 12463 |
| The standards for a certificate of authorization may include, | 12464 |
| for various types of institutions, schools, or degrees, minimum | 12465 |
| qualifications for faculty, library, laboratories, and other | 12466 |
| facilities as adopted and published by the Ohio board of regents. | 12467 |
| The standards shall be adopted by the board pursuant to Chapter | 12468 |
| 119. of the Revised Code. | 12469 |
| An institution or school shall apply to the board for a | 12470 |
| certificate of authorization on forms containing such information | 12471 |
| as is prescribed by the board. Each institution or school with a | 12472 |
| certificate of authorization shall file an annual report with the | 12473 |
| board in such form and containing such information as the board | 12474 |
| prescribes. | 12475 |
| The board shall adopt a rule under Chapter 119. of the | 12476 |
| Revised Code establishing fees to pay the cost of reviewing an | 12477 |
| application for a certificate of authorization, which the | 12478 |
| institution or school shall pay when it applies for a certificate | 12479 |
| of authorization, and establishing fees, which an institution or | 12480 |
| school shall pay, for any further reviews the board determines | 12481 |
| necessary upon examining an institution's or school's annual | 12482 |
| report. | 12483 |
| Sec. 1751.03. (A) Each application for a certificate of | 12484 |
| authority under this chapter shall be verified by an officer or | 12485 |
| authorized representative of the applicant, shall be in a format | 12486 |
| prescribed by the superintendent of insurance, and shall set forth | 12487 |
| or be accompanied by the following: | 12488 |
| (1) A certified copy of the applicant's articles of | 12489 |
| incorporation and all amendments to the articles of incorporation; | 12490 |
| (2) A copy of any regulations adopted for the government of | 12491 |
| the corporation, any bylaws, and any similar documents, and a copy | 12492 |
| of all amendments to these regulations, bylaws, and documents. The | 12493 |
| corporate secretary shall certify that these regulations, bylaws, | 12494 |
| documents, and amendments have been properly adopted or approved. | 12495 |
| (3) A list of the names, addresses, and official positions of | 12496 |
| the persons responsible for the conduct of the applicant, | 12497 |
| including all members of the board, the principal officers, and | 12498 |
| the person responsible for completing or filing financial | 12499 |
| statements with the department of insurance, accompanied by a | 12500 |
| completed original biographical affidavit and release of | 12501 |
| information for each of these persons on forms acceptable to the | 12502 |
| department; | 12503 |
| (4) A full and complete disclosure of the extent and nature | 12504 |
| of any contractual or other financial arrangement between the | 12505 |
| applicant and any provider or a person listed in division (A)(3) | 12506 |
| of this section, including, but not limited to, a full and | 12507 |
| complete disclosure of the financial interest held by any such | 12508 |
| provider or person in any health care facility, provider, or | 12509 |
| insurer that has entered into a financial relationship with the | 12510 |
| health insuring corporation; | 12511 |
| (5) A description of the applicant, its facilities, and its | 12512 |
| personnel, including, but not limited to, the location, hours of | 12513 |
| operation, and telephone numbers of all contracted facilities; | 12514 |
| (6) The applicant's projected annual enrollee population over | 12515 |
| a three-year period; | 12516 |
| (7) A clear and specific description of the health care plan | 12517 |
| or plans to be used by the applicant, including a description of | 12518 |
| the proposed providers, procedures for accessing care, and the | 12519 |
| form of all proposed and existing contracts relating to the | 12520 |
| administration, delivery, or financing of health care services; | 12521 |
| (8) A copy of each type of evidence of coverage and | 12522 |
| identification card or similar document to be issued to | 12523 |
| subscribers; | 12524 |
| (9) A copy of each type of individual or group policy, | 12525 |
| contract, or agreement to be used; | 12526 |
| (10) The schedule of the proposed contractual periodic | 12527 |
| prepayments or premium rates, or both, accompanied by appropriate | 12528 |
| supporting data; | 12529 |
| (11) A financial plan which provides a three-year projection | 12530 |
| of operating results, including the projected expenses, income, | 12531 |
| and sources of working capital; | 12532 |
| (12) The enrollee complaint procedure to be utilized as | 12533 |
| required under section 1751.19 of the Revised Code; | 12534 |
| (13) A description of the procedures and programs to be | 12535 |
| implemented on an ongoing basis to assure the quality of health | 12536 |
| care services delivered to enrollees, including, if applicable, a | 12537 |
| description of a quality assurance program complying with the | 12538 |
| requirements of sections 1751.73 to 1751.75 of the Revised Code; | 12539 |
| (14) A statement describing the geographic area or areas to | 12540 |
| be served, by county; | 12541 |
| (15) A copy of all solicitation documents; | 12542 |
| (16) A balance sheet and other financial statements showing | 12543 |
| the applicant's assets, liabilities, income, and other sources of | 12544 |
| financial support; | 12545 |
| (17) A description of the nature and extent of any | 12546 |
| reinsurance program to be implemented, and a demonstration that | 12547 |
| errors and omission insurance and, if appropriate, fidelity | 12548 |
| insurance, will be in place upon the applicant's receipt of a | 12549 |
| certificate of authority; | 12550 |
| (18) Copies of all proposed or in force related-party or | 12551 |
| intercompany agreements with an explanation of the financial | 12552 |
| impact of these agreements on the applicant. If the applicant | 12553 |
| intends to enter into a contract for managerial or administrative | 12554 |
| services, with either an affiliated or an unaffiliated person, the | 12555 |
| applicant shall provide a copy of the contract and a detailed | 12556 |
| description of the person to provide these services. The | 12557 |
| description shall include that person's experience in managing or | 12558 |
| administering health care plans, a copy of that person's most | 12559 |
| recent audited financial statement, and a completed biographical | 12560 |
| affidavit on a form acceptable to the superintendent for each of | 12561 |
| that person's principal officers and board members and for any | 12562 |
| additional employee to be directly involved in providing | 12563 |
| managerial or administrative services to the health insuring | 12564 |
| corporation. If the person to provide managerial or administrative | 12565 |
| services is affiliated with the health insuring corporation, the | 12566 |
| contract must provide for payment for services based on actual | 12567 |
| costs. | 12568 |
| (19) A statement from the applicant's board that the admitted | 12569 |
| assets of the applicant have not been and will not be pledged or | 12570 |
| hypothecated; | 12571 |
| (20) A statement from the applicant's board that the | 12572 |
| applicant will submit monthly financial statements during the | 12573 |
| first year of operations; | 12574 |
| (21) The name and address of the applicant's Ohio statutory | 12575 |
| agent for service of process, notice, or demand; | 12576 |
| (22) Copies of all documents the applicant filed with the | 12577 |
| secretary of state; | 12578 |
| (23) The location of those books and records of the applicant | 12579 |
| that must be maintained, which books and records shall be | 12580 |
| maintained in Ohio if the applicant is a domestic corporation, and | 12581 |
| which may be maintained either in the applicant's state of | 12582 |
| domicile or in Ohio if the applicant is a foreign corporation; | 12583 |
| (24) The applicant's federal identification number, corporate | 12584 |
| address, and mailing address; | 12585 |
| (25) An internal and external organizational chart; | 12586 |
| (26) A list of the assets representing the initial net worth | 12587 |
| of the applicant; | 12588 |
| (27) If the applicant has a parent company, the parent | 12589 |
| company's guaranty, on a form acceptable to the superintendent, | 12590 |
| that the applicant will maintain Ohio's minimum net worth. If no | 12591 |
| parent company exists, a statement regarding the availability of | 12592 |
| future funds if needed. | 12593 |
| (28) The names and addresses of the applicant's actuary and | 12594 |
| external auditors; | 12595 |
| (29) If the applicant is a foreign corporation, a copy of the | 12596 |
| most recent financial statements filed with the insurance | 12597 |
| regulatory agency in the applicant's state of domicile; | 12598 |
| (30) If the applicant is a foreign corporation, a statement | 12599 |
| from the insurance regulatory agency of the applicant's state of | 12600 |
| domicile stating that the regulatory agency has no objection to | 12601 |
| the applicant applying for an Ohio license and that the applicant | 12602 |
| is in good standing in the applicant's state of domicile; | 12603 |
| (31) Any other information that the superintendent may | 12604 |
| require; | 12605 |
| (32) Documentation acceptable to the superintendent of the | 12606 |
| bond or securities required by section 1751.271 of the Revised | 12607 |
| Code. | 12608 |
| (B)(1) A health insuring corporation, unless otherwise | 12609 |
| provided for in this chapter or in section 3901.321 of the Revised | 12610 |
| Code, shall file a timely notice with the superintendent | 12611 |
| describing any change to the corporation's articles of | 12612 |
| incorporation or regulations, or any major modification to its | 12613 |
| operations as set out in the information required by division (A) | 12614 |
| of this section that affects any of the following: | 12615 |
| (a) The solvency of the health insuring corporation; | 12616 |
| (b) The health insuring corporation's continued provision of | 12617 |
| services that it has contracted to provide; | 12618 |
| (c) The manner in which the health insuring corporation | 12619 |
| conducts its business. | 12620 |
| (2) If the change or modification is to be the result of an | 12621 |
| action to be taken by the health insuring corporation, the notice | 12622 |
| shall be filed with the superintendent prior to the health | 12623 |
| insuring corporation taking the action. The action shall be deemed | 12624 |
| approved if the superintendent does not disapprove it within sixty | 12625 |
| days of filing. | 12626 |
| (3) The filing of a notice pursuant to division (B)(1) or (2) | 12627 |
| of this section shall also serve as the submission of a notice | 12628 |
| when required for the superintendent's review for purposes of | 12629 |
| section 3901.341 of the Revised Code, if the notice contains all | 12630 |
| of the information that section 3901.341 of the Revised Code | 12631 |
| requires for such submissions and a copy of any written agreement. | 12632 |
| The filing of such a notice, for the purpose of satisfying this | 12633 |
| division and section 3901.341 of the Revised Code, shall be | 12634 |
| subject to the sixty-day review period of division (B)(2) of this | 12635 |
| section. | 12636 |
| (C)(1) No health insuring corporation shall expand its | 12637 |
| approved service area until a copy of the request for expansion, | 12638 |
| accompanied by documentation of the network of providers, forms of | 12639 |
| all proposed or existing provider contracts relating to the | 12640 |
| delivery of health care services, a schedule of proposed | 12641 |
| contractual periodic prepayments and premium rates for group | 12642 |
| contracts accompanied by appropriate supporting data, enrollment | 12643 |
| projections, plan of operation, and any other changes have been | 12644 |
| filed with the superintendent. | 12645 |
| (2) Within ten calendar days after receipt of a complete | 12646 |
| filing under division (C)(1) of this section, the superintendent | 12647 |
| shall refer the appropriate jurisdictional issues to the director | 12648 |
| of health pursuant to section 1751.04 of the Revised Code. | 12649 |
| (3) Within seventy-five days after the superintendent's | 12650 |
| receipt of a complete filing under division (C)(1) of this | 12651 |
| section, the superintendent shall determine whether the plan for | 12652 |
| expansion is lawful, fair, and reasonable. The superintendent may | 12653 |
| not make a determination until the superintendent has received the | 12654 |
| director's certification of compliance, which the director shall | 12655 |
| furnish within forty-five days after referral under division | 12656 |
| (C)(2) of this section. The director shall not certify that the | 12657 |
| requirements of section 1751.04 of the Revised Code are not met, | 12658 |
| unless the applicant has been given an opportunity for a hearing | 12659 |
| as provided in division (D) of section 1751.04 of the Revised | 12660 |
| Code. The forty-five-day and seventy-five-day review periods | 12661 |
| provided for in division (C)(3) of this section shall cease to run | 12662 |
| as of the date on which the notice of the applicant's right to | 12663 |
| request a hearing is mailed and shall remain suspended until the | 12664 |
| director issues a final certification. | 12665 |
| (4) If the superintendent has not approved or disapproved all | 12666 |
| or a portion of a service area expansion within the | 12667 |
| seventy-five-day period provided for in division (C)(3) of this | 12668 |
| section, the filing shall be deemed approved. | 12669 |
| (5) Disapproval of all or a portion of the filing shall be | 12670 |
| effected by written notice, which shall state the grounds for the | 12671 |
| order of disapproval and shall be given in accordance with Chapter | 12672 |
| 119. of the Revised Code. | 12673 |
| Sec. 1751.271. (A) Each health insuring corporation that | 12674 |
| provides coverage to medicaid recipients shall post a performance | 12675 |
| bond in the amount of one million dollars as security to fulfill | 12676 |
| the obligations of the health insuring corporation to pay claims | 12677 |
| of contracted providers for covered health care services provided | 12678 |
| to medicaid recipients. The bond shall be payable to the | 12679 |
| department of insurance in the event that the health insuring | 12680 |
| corporation is placed in rehabilitation or liquidation proceedings | 12681 |
| under Chapter 3903. of the Revised Code, and shall become a | 12682 |
| special deposit subject to section 3903.14 or 3903.421 of the | 12683 |
| Revised Code, as applicable. In lieu of the performance bond, a | 12684 |
| medicaid health insuring corporation may deposit securities with | 12685 |
| the superintendent of insurance, acceptable to the superintendent, | 12686 |
| in the amount of one million dollars, to satisfy the bonding | 12687 |
| requirements of this section. Upon rehabilitation or liquidation, | 12688 |
| the securities shall become a special deposit subject to sections | 12689 |
| 3903.14 and 3903.421 of the Revised Code, as applicable. The | 12690 |
| health insuring corporation shall receive the interest on the | 12691 |
| deposited securities as long as the health insuring corporation | 12692 |
| remains solvent. | 12693 |
| (B) The bond shall be issued by a surety company licensed | 12694 |
| with the department of insurance. The bond or deposit, or any | 12695 |
| replacement bond or deposit, shall be in a form acceptable to the | 12696 |
| superintendent, and shall remain in effect during the duration of | 12697 |
| the medicaid health insuring corporation's license and thereafter | 12698 |
| until all claims against the medicaid health insuring corporation | 12699 |
| have been paid in full. | 12700 |
| (C) Documentation of the bond acceptable to the | 12701 |
| superintendent of insurance shall be filed with the superintendent | 12702 |
| prior to the issuance of a certificate of authority. Annually, | 12703 |
| thirty days prior to the renewal of its certificate of authority, | 12704 |
| every medicaid health insuring corporation shall furnish the | 12705 |
| superintendent of insurance with evidence that the required bond | 12706 |
| is still in effect. | 12707 |
| (D) As used in this section: | 12708 |
| (1) "Contracted provider" means a provider that has a | 12709 |
| contract with a medicaid health insuring corporation to provide | 12710 |
| covered health care services to medicaid recipients. | 12711 |
| (2) "Medicaid health insuring corporation" means a health | 12712 |
| insuring corporation that provides health insurance coverage or | 12713 |
| otherwise assumes claims liabilities for medicaid recipients. | 12714 |
| (3) "Medicaid recipient" means a person eligible for | 12715 |
| assistance under the medicaid program operated pursuant to Chapter | 12716 |
| 5111. of the Revised Code. | 12717 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 12718 |
| costs in a municipal court shall be fixed and taxed as follows: | 12719 |
| (1) The municipal court shall require an advance deposit for | 12720 |
| the filing of any new civil action or proceeding when required by | 12721 |
| division (A)(9) of this section, and in all other cases, by rule, | 12722 |
| shall establish a schedule of fees and costs to be taxed in any | 12723 |
| civil or criminal action or proceeding. | 12724 |
| (2) The municipal court, by rule, may require an advance | 12725 |
| deposit for the filing of any civil action or proceeding and | 12726 |
| publication fees as provided in section 2701.09 of the Revised | 12727 |
| Code. The court may waive the requirement for advance deposit upon | 12728 |
| affidavit or other evidence that a party is unable to make the | 12729 |
| required deposit. | 12730 |
| (3) When a jury trial is demanded in any civil action or | 12731 |
| proceeding, the party making the demand may be required to make an | 12732 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 12733 |
| or other evidence, the court concludes that the party is unable to | 12734 |
| make the required deposit. If a jury is called, the fees of a jury | 12735 |
| shall be taxed as costs. | 12736 |
| (4) In any civil or criminal action or proceeding, witnesses' | 12737 |
| fees shall be fixed in accordance with sections 2335.06 and | 12738 |
| 2335.08 of the Revised Code. | 12739 |
| (5) A reasonable charge for driving, towing, carting, | 12740 |
| storing, keeping, and preserving motor vehicles and other personal | 12741 |
| property recovered or seized in any proceeding may be taxed as | 12742 |
| part of the costs in a trial of the cause, in an amount that shall | 12743 |
| be fixed by rule of court. | 12744 |
| (6) Chattel property seized under any writ or process issued | 12745 |
| by the court shall be preserved pending final disposition for the | 12746 |
| benefit of all persons interested and may be placed in storage | 12747 |
| when necessary or proper for that preservation. The custodian of | 12748 |
| any chattel property so stored shall not be required to part with | 12749 |
| the possession of the property until a reasonable charge, to be | 12750 |
| fixed by the court, is paid. | 12751 |
| (7) The municipal court, as it determines, may refund all | 12752 |
| deposits and advance payments of fees and costs, including those | 12753 |
| for jurors and summoning jurors, when they have been paid by the | 12754 |
| losing party. | 12755 |
| (8) Charges for the publication of legal notices required by | 12756 |
| statute or order of court may be taxed as part of the costs, as | 12757 |
| provided by section 7.13 of the Revised Code. | 12758 |
| (B)(1) The municipal court may determine that, for the | 12759 |
| efficient operation of the court, additional funds are necessary | 12760 |
| to acquire and pay for special projects of the court including, | 12761 |
| but not limited to, the acquisition of additional facilities or | 12762 |
| the rehabilitation of existing facilities, the acquisition of | 12763 |
| equipment, the hiring and training of staff, community service | 12764 |
| programs, mediation or dispute resolution services, the employment | 12765 |
| of magistrates, the training and education of judges, acting | 12766 |
| judges, and magistrates, and other related services. Upon that | 12767 |
| determination, the court by rule may charge a fee, in addition to | 12768 |
| all other court costs, on the filing of each criminal cause, civil | 12769 |
| action or proceeding, or judgment by confession. | 12770 |
| If the municipal court offers a special program or service in | 12771 |
| cases of a specific type, the municipal court by rule may assess | 12772 |
| an additional charge in a case of that type, over and above court | 12773 |
| costs, to cover the special program or service. The municipal | 12774 |
| court shall adjust the special assessment periodically, but not | 12775 |
| retroactively, so that the amount assessed in those cases does not | 12776 |
| exceed the actual cost of providing the service or program. | 12777 |
| All moneys collected under division (B) of this section shall | 12778 |
| be paid to the county treasurer if the court is a county-operated | 12779 |
| municipal court or to the city treasurer if the court is not a | 12780 |
| county-operated municipal court for deposit into either a general | 12781 |
| special projects fund or a fund established for a specific special | 12782 |
| project. Moneys from a fund of that nature shall be disbursed upon | 12783 |
| an order of the court in an amount no greater than the actual cost | 12784 |
| to the court of a project. If a specific fund is terminated | 12785 |
| because of the discontinuance of a program or service established | 12786 |
| under division (B) of this section, the municipal court may order | 12787 |
| that moneys remaining in the fund be transferred to an account | 12788 |
| established under this division for a similar purpose. | 12789 |
| (2) As used in division (B) of this section: | 12790 |
| (a) "Criminal cause" means a charge alleging the violation of | 12791 |
| a statute or ordinance, or subsection of a statute or ordinance, | 12792 |
| that requires a separate finding of fact or a separate plea before | 12793 |
| disposition and of which the defendant may be found guilty, | 12794 |
| whether filed as part of a multiple charge on a single summons, | 12795 |
| citation, or complaint or as a separate charge on a single | 12796 |
| summons, citation, or complaint. "Criminal cause" does not include | 12797 |
| separate violations of the same statute or ordinance, or | 12798 |
| subsection of the same statute or ordinance, unless each charge is | 12799 |
| filed on a separate summons, citation, or complaint. | 12800 |
| (b) "Civil action or proceeding" means any civil litigation | 12801 |
| that must be determined by judgment entry. | 12802 |
| (C) The municipal court shall collect in all its divisions | 12803 |
|
except the small claims
division the
sum of | 12804 |
| dollars as additional filing fees in each new civil action or | 12805 |
| proceeding for the charitable public purpose of providing | 12806 |
| financial assistance to legal aid societies that operate within | 12807 |
| the state. The municipal court shall collect in its small claims | 12808 |
| division
the sum of | 12809 |
| each new civil action or proceeding for the charitable public | 12810 |
| purpose of providing financial assistance to legal aid societies | 12811 |
| that operate within the state. This division does not apply to any | 12812 |
| execution on a judgment, proceeding in aid of execution, or other | 12813 |
| post-judgment proceeding arising out of a civil action. The filing | 12814 |
| fees required to be collected under this division shall be in | 12815 |
| addition to any other court costs imposed in the action or | 12816 |
| proceeding and shall be collected at the time of the filing of the | 12817 |
| action or proceeding. The court shall not waive the payment of the | 12818 |
| additional filing fees in a new civil action or proceeding unless | 12819 |
| the court waives the advanced payment of all filing fees in the | 12820 |
| action or proceeding. All such moneys collected during a month | 12821 |
| shall be transmitted on or before
the
| 12822 |
| of | 12823 |
| treasurer of state in a manner prescribed by the treasurer of | 12824 |
| state or by the Ohio legal assistance foundation. The moneys then | 12825 |
| shall be deposited by the treasurer of state to the credit of the | 12826 |
| legal aid fund established under section 120.52 of the Revised | 12827 |
| Code. | 12828 |
| The court may retain up to one per cent of the moneys it | 12829 |
| collects under this division to cover administrative costs, | 12830 |
| including the hiring of any additional personnel necessary to | 12831 |
| implement this division. | 12832 |
| (D) In the Cleveland municipal court, reasonable charges for | 12833 |
| investigating titles of real estate to be sold or disposed of | 12834 |
| under any writ or process of the court may be taxed as part of the | 12835 |
| costs. | 12836 |
| (E) Under the circumstances described in sections 2969.21 to | 12837 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 12838 |
| shall charge the fees and perform the other duties specified in | 12839 |
| those sections. | 12840 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 12841 |
| court shall be selected, be compensated, give bond, and have | 12842 |
| powers and duties as follows: | 12843 |
| (A) There shall be a clerk of the court who is appointed or | 12844 |
| elected as follows: | 12845 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 12846 |
| 12847 | |
| municipal courts, if the population of the territory equals or | 12848 |
| exceeds one hundred thousand at the regular municipal election | 12849 |
| immediately preceding the expiration of the term of the present | 12850 |
| clerk, the clerk shall be nominated and elected by the qualified | 12851 |
| electors of the territory in the manner that is provided for the | 12852 |
| nomination and election of judges in section 1901.07 of the | 12853 |
| Revised Code. | 12854 |
| The clerk so elected shall hold office for a term of six | 12855 |
| years, which term shall commence on the first day of January | 12856 |
| following the clerk's election and continue until the clerk's | 12857 |
| successor is elected and qualified. | 12858 |
| (b) In the Hamilton county municipal court, the clerk of | 12859 |
| courts of Hamilton county shall be the clerk of the municipal | 12860 |
| court and may appoint an assistant clerk who shall receive the | 12861 |
| compensation, payable out of the treasury of Hamilton county in | 12862 |
| semimonthly installments, that the board of county commissioners | 12863 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 12864 |
| clerk of the Hamilton county municipal court and assuming the | 12865 |
| duties of that office, shall receive compensation at one-fourth | 12866 |
| the rate that is prescribed for the clerks of courts of common | 12867 |
| pleas as determined in accordance with the population of the | 12868 |
| county and the rates set forth in sections 325.08 and 325.18 of | 12869 |
| the Revised Code. This compensation shall be paid from the county | 12870 |
| treasury in semimonthly installments and is in addition to the | 12871 |
| annual compensation that is received for the performance of the | 12872 |
| duties of the clerk of courts of Hamilton county, as provided in | 12873 |
| sections 325.08 and 325.18 of the Revised Code. | 12874 |
| (c) In the Portage county and Wayne county municipal courts, | 12875 |
| the clerks of courts of Portage county and Wayne county shall be | 12876 |
| the clerks, respectively, of the Portage county and Wayne county | 12877 |
| municipal courts and may appoint a chief deputy clerk for each | 12878 |
| branch that is established pursuant to section 1901.311 of the | 12879 |
| Revised Code and assistant clerks as the judges of the municipal | 12880 |
| court determine are necessary, all of whom shall receive the | 12881 |
| compensation that the legislative authority prescribes. The clerks | 12882 |
| of courts of Portage county and Wayne county, acting as the clerks | 12883 |
| of the Portage county and Wayne county municipal courts and | 12884 |
| assuming the duties of these offices, shall receive compensation | 12885 |
| payable from the county treasury in semimonthly installments at | 12886 |
| one-fourth the rate that is prescribed for the clerks of courts of | 12887 |
| common pleas as determined in accordance with the population of | 12888 |
| the county and the rates set forth in sections 325.08 and 325.18 | 12889 |
| of the Revised Code. | 12890 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 12891 |
| this section, in the Akron municipal court, candidates for | 12892 |
| election to the office of clerk of the court shall be nominated by | 12893 |
| primary election. The primary election shall be held on the day | 12894 |
| specified in the charter of the city of Akron for the nomination | 12895 |
| of municipal officers. Notwithstanding section 3513.257 of the | 12896 |
| Revised Code, the nominating petitions of independent candidates | 12897 |
| shall be signed by at least two hundred fifty qualified electors | 12898 |
| of the territory of the court. | 12899 |
| The candidates shall file a declaration of candidacy and | 12900 |
| petition, or a nominating petition, whichever is applicable, not | 12901 |
| later than four p.m. of the seventy-fifth day before the day of | 12902 |
| the primary election, in the form prescribed by section 3513.07 or | 12903 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 12904 |
| petition, or the nominating petition, shall conform to the | 12905 |
| applicable requirements of section 3513.05 or 3513.257 of the | 12906 |
| Revised Code. | 12907 |
| If no valid declaration of candidacy and petition is filed by | 12908 |
| any person for nomination as a candidate of a particular political | 12909 |
| party for election to the office of clerk of the Akron municipal | 12910 |
| court, a primary election shall not be held for the purpose of | 12911 |
| nominating a candidate of that party for election to that office. | 12912 |
| If only one person files a valid declaration of candidacy and | 12913 |
| petition for nomination as a candidate of a particular political | 12914 |
| party for election to that office, a primary election shall not be | 12915 |
| held for the purpose of nominating a candidate of that party for | 12916 |
| election to that office, and the candidate shall be issued a | 12917 |
| certificate of nomination in the manner set forth in section | 12918 |
| 3513.02 of the Revised Code. | 12919 |
| Declarations of candidacy and petitions, nominating | 12920 |
| petitions, and certificates of nomination for the office of clerk | 12921 |
| of the Akron municipal court shall contain a designation of the | 12922 |
| term for which the candidate seeks election. At the following | 12923 |
| regular municipal election, all candidates for the office shall be | 12924 |
| submitted to the qualified electors of the territory of the court | 12925 |
| in the manner that is provided in section 1901.07 of the Revised | 12926 |
| Code for the election of the judges of the court. The clerk so | 12927 |
| elected shall hold office for a term of six years, which term | 12928 |
| shall commence on the first day of January following the clerk's | 12929 |
| election and continue until the clerk's successor is elected and | 12930 |
| qualified. | 12931 |
| (e) | 12932 |
| 12933 | |
| 12934 | |
| 12935 | |
| 12936 | |
| 12937 | |
| 12938 | |
| 12939 | |
| 12940 |
| | 12941 |
| this section, in the Barberton municipal court, candidates for | 12942 |
| election to the office of clerk of the court shall be nominated by | 12943 |
| primary election. The primary election shall be held on the day | 12944 |
| specified in the charter of the city of Barberton for the | 12945 |
| nomination of municipal officers. Notwithstanding section 3513.257 | 12946 |
| of the Revised Code, the nominating petitions of independent | 12947 |
| candidates shall be signed by at least two hundred fifty qualified | 12948 |
| electors of the territory of the court. | 12949 |
| The candidates shall file a declaration of candidacy and | 12950 |
| petition, or a nominating petition, whichever is applicable, not | 12951 |
| later than four p.m. of the seventy-fifth day before the day of | 12952 |
| the primary election, in the form prescribed by section 3513.07 or | 12953 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 12954 |
| petition, or the nominating petition, shall conform to the | 12955 |
| applicable requirements of section 3513.05 or 3513.257 of the | 12956 |
| Revised Code. | 12957 |
| If no valid declaration of candidacy and petition is filed by | 12958 |
| any person for nomination as a candidate of a particular political | 12959 |
| party for election to the office of clerk of the Barberton | 12960 |
| municipal court, a primary election shall not be held for the | 12961 |
| purpose of nominating a candidate of that party for election to | 12962 |
| that office. If only one person files a valid declaration of | 12963 |
| candidacy and petition for nomination as a candidate of a | 12964 |
| particular political party for election to that office, a primary | 12965 |
| election shall not be held for the purpose of nominating a | 12966 |
| candidate of that party for election to that office, and the | 12967 |
| candidate shall be issued a certificate of nomination in the | 12968 |
| manner set forth in section 3513.02 of the Revised Code. | 12969 |
| Declarations of candidacy and petitions, nominating | 12970 |
| petitions, and certificates of nomination for the office of clerk | 12971 |
| of the Barberton municipal court shall contain a designation of | 12972 |
| the term for which the candidate seeks election. At the following | 12973 |
| regular municipal election, all candidates for the office shall be | 12974 |
| submitted to the qualified electors of the territory of the court | 12975 |
| in the manner that is provided in section 1901.07 of the Revised | 12976 |
| Code for the election of the judges of the court. The clerk so | 12977 |
| elected shall hold office for a term of six years, which term | 12978 |
| shall commence on the first day of January following the clerk's | 12979 |
| election and continue until the clerk's successor is elected and | 12980 |
| qualified. | 12981 |
| | 12982 |
| of this section, in the Cuyahoga Falls municipal court, candidates | 12983 |
| for election to the office of clerk of the court shall be | 12984 |
| nominated by primary election. The primary election shall be held | 12985 |
| on the day specified in the charter of the city of Cuyahoga Falls | 12986 |
| for the nomination of municipal officers. Notwithstanding section | 12987 |
| 3513.257 of the Revised Code, the nominating petitions of | 12988 |
| independent candidates shall be signed by at least two hundred | 12989 |
| fifty qualified electors of the territory of the court. | 12990 |
| The candidates shall file a declaration of candidacy and | 12991 |
| petition, or a nominating petition, whichever is applicable, not | 12992 |
| later than four p.m. of the seventy-fifth day before the day of | 12993 |
| the primary election, in the form prescribed by section 3513.07 or | 12994 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 12995 |
| petition, or the nominating petition, shall conform to the | 12996 |
| applicable requirements of section 3513.05 or 3513.257 of the | 12997 |
| Revised Code. | 12998 |
| If no valid declaration of candidacy and petition is filed by | 12999 |
| any person for nomination as a candidate of a particular political | 13000 |
| party for election to the office of clerk of the Cuyahoga Falls | 13001 |
| municipal court, a primary election shall not be held for the | 13002 |
| purpose of nominating a candidate of that party for election to | 13003 |
| that office. If only one person files a valid declaration of | 13004 |
| candidacy and petition for nomination as a candidate of a | 13005 |
| particular political party for election to that office, a primary | 13006 |
| election shall not be held for the purpose of nominating a | 13007 |
| candidate of that party for election to that office, and the | 13008 |
| candidate shall be issued a certificate of nomination in the | 13009 |
| manner set forth in section 3513.02 of the Revised Code. | 13010 |
| Declarations of candidacy and petitions, nominating | 13011 |
| petitions, and certificates of nomination for the office of clerk | 13012 |
| of the Cuyahoga Falls municipal court shall contain a designation | 13013 |
| of the term for which the candidate seeks election. At the | 13014 |
| following regular municipal election, all candidates for the | 13015 |
| office shall be submitted to the qualified electors of the | 13016 |
| territory of the court in the manner that is provided in section | 13017 |
| 1901.07 of the Revised Code for the election of the judges of the | 13018 |
| court. The clerk so elected shall hold office for a term of six | 13019 |
| years, which term shall commence on the first day of January | 13020 |
| following the clerk's election and continue until the clerk's | 13021 |
| successor is elected and qualified. | 13022 |
| | 13023 |
| of this section, in the Toledo municipal court, candidates for | 13024 |
| election to the office of clerk of the court shall be nominated by | 13025 |
| primary election. The primary election shall be held on the day | 13026 |
| specified in the charter of the city of Toledo for the nomination | 13027 |
| of municipal officers. Notwithstanding section 3513.257 of the | 13028 |
| Revised Code, the nominating petitions of independent candidates | 13029 |
| shall be signed by at least two hundred fifty qualified electors | 13030 |
| of the territory of the court. | 13031 |
| The candidates shall file a declaration of candidacy and | 13032 |
| petition, or a nominating petition, whichever is applicable, not | 13033 |
| later than four p.m. of the seventy-fifth day before the day of | 13034 |
| the primary election, in the form prescribed by section 3513.07 or | 13035 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 13036 |
| petition, or the nominating petition, shall conform to the | 13037 |
| applicable requirements of section 3513.05 or 3513.257 of the | 13038 |
| Revised Code. | 13039 |
| If no valid declaration of candidacy and petition is filed by | 13040 |
| any person for nomination as a candidate of a particular political | 13041 |
| party for election to the office of clerk of the Toledo municipal | 13042 |
| court, a primary election shall not be held for the purpose of | 13043 |
| nominating a candidate of that party for election to that office. | 13044 |
| If only one person files a valid declaration of candidacy and | 13045 |
| petition for nomination as a candidate of a particular political | 13046 |
| party for election to that office, a primary election shall not be | 13047 |
| held for the purpose of nominating a candidate of that party for | 13048 |
| election to that office, and the candidate shall be issued a | 13049 |
| certificate of nomination in the manner set forth in section | 13050 |
| 3513.02 of the Revised Code. | 13051 |
| Declarations of candidacy and petitions, nominating | 13052 |
| petitions, and certificates of nomination for the office of clerk | 13053 |
| of the Toledo municipal court shall contain a designation of the | 13054 |
| term for which the candidate seeks election. At the following | 13055 |
| regular municipal election, all candidates for the office shall be | 13056 |
| submitted to the qualified electors of the territory of the court | 13057 |
| in the manner that is provided in section 1901.07 of the Revised | 13058 |
| Code for the election of the judges of the court. The clerk so | 13059 |
| elected shall hold office for a term of six years, which term | 13060 |
| shall commence on the first day of January following the clerk's | 13061 |
| election and continue until the clerk's successor is elected and | 13062 |
| qualified. | 13063 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 13064 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 13065 |
| municipal courts, in a municipal court for which the population of | 13066 |
|
the territory is less
than one hundred thousand | 13067 |
| 13068 | |
| the clerk shall hold office until the clerk's successor is | 13069 |
| appointed and qualified. | 13070 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 13071 |
| municipal courts, the clerk shall be elected for a term of office | 13072 |
| as described in division (A)(1)(a) of this section. | 13073 |
| (c) In the Auglaize county and Brown county municipal courts, | 13074 |
| the clerks of courts of Auglaize county and Brown county shall be | 13075 |
| the clerks, respectively, of the Auglaize county and Brown county | 13076 |
| municipal courts and may appoint a chief deputy clerk for each | 13077 |
| branch that is established pursuant to section 1901.311 of the | 13078 |
| Revised Code, and assistant clerks as the judge of the court | 13079 |
| determines are necessary, all of whom shall receive the | 13080 |
| compensation that the legislative authority prescribes. The clerks | 13081 |
| of courts of Auglaize county and Brown county, acting as the | 13082 |
| clerks of the Auglaize county and Brown county municipal courts | 13083 |
| and assuming the duties of these offices, shall receive | 13084 |
| compensation payable from the county treasury in semimonthly | 13085 |
| installments at one-fourth the rate that is prescribed for the | 13086 |
| clerks of courts of common pleas as determined in accordance with | 13087 |
| the population of the county and the rates set forth in sections | 13088 |
| 325.08 and 325.18 of the Revised Code. | 13089 |
| (d) In the Columbiana county municipal court, the clerk of | 13090 |
| courts of Columbiana county shall be the clerk of the municipal | 13091 |
| court, may appoint a chief deputy clerk for each branch office | 13092 |
| that is established pursuant to section 1901.311 of the Revised | 13093 |
| Code, and may appoint any assistant clerks that the judges of the | 13094 |
| court determine are necessary. All of the chief deputy clerks and | 13095 |
| assistant clerks shall receive the compensation that the | 13096 |
| legislative authority prescribes. The clerk of courts of | 13097 |
| Columbiana county, acting as the clerk of the Columbiana county | 13098 |
| municipal court and assuming the duties of that office, shall | 13099 |
| receive compensation payable from the county treasury in | 13100 |
| semimonthly installments at one-fourth the rate that is prescribed | 13101 |
| for the clerks of courts of common pleas as determined in | 13102 |
| accordance with the population of the county and the rates set | 13103 |
| forth in sections 325.08 and 325.18 of the Revised Code. | 13104 |
| (3) During the temporary absence of the clerk due to illness, | 13105 |
| vacation, or other proper cause, the court may appoint a temporary | 13106 |
| clerk, who shall be paid the same compensation, have the same | 13107 |
| authority, and perform the same duties as the clerk. | 13108 |
| (B) Except in the Hamilton county,
| 13109 |
| and Wayne county municipal courts, if a vacancy occurs in the | 13110 |
| office of the clerk of the Alliance, Lorain, Massillon, or | 13111 |
| Youngstown municipal court or occurs in the office of the clerk of | 13112 |
| a municipal court for which the population of the territory equals | 13113 |
| or exceeds one hundred thousand because the clerk ceases to hold | 13114 |
| the office before the end of the clerk's term or because a | 13115 |
| clerk-elect fails to take office, the vacancy shall be filled, | 13116 |
| until a successor is elected and qualified, by a person chosen by | 13117 |
| the residents of the territory of the court who are members of the | 13118 |
| county central committee of the political party by which the last | 13119 |
| occupant of that office or the clerk-elect was nominated. Not less | 13120 |
| than five nor more than fifteen days after a vacancy occurs, those | 13121 |
| members of that county central committee shall meet to make an | 13122 |
| appointment to fill the vacancy. At least four days before the | 13123 |
| date of the meeting, the chairperson or a secretary of the county | 13124 |
| central committee shall notify each such member of that county | 13125 |
| central committee by first class mail of the date, time, and place | 13126 |
| of the meeting and its purpose. A majority of all such members of | 13127 |
| that county central committee constitutes a quorum, and a majority | 13128 |
| of the quorum is required to make the appointment. If the office | 13129 |
| so vacated was occupied or was to be occupied by a person not | 13130 |
| nominated at a primary election, or if the appointment was not | 13131 |
| made by the committee members in accordance with this division, | 13132 |
| the court shall make an appointment to fill the vacancy. A | 13133 |
| successor shall be elected to fill the office for the unexpired | 13134 |
| term at the first municipal election that is held more than one | 13135 |
| hundred twenty days after the vacancy occurred. | 13136 |
| (C)(1) In a municipal court, other than the Auglaize county, | 13137 |
| the Brown county, the Columbiana county, and the Lorain municipal | 13138 |
| courts, for which the population of the territory is less than one | 13139 |
|
hundred thousand
| 13140 |
| the municipal court shall receive the annual compensation that the | 13141 |
| presiding judge of the court prescribes, if the revenue of the | 13142 |
| court for the preceding calendar year, as certified by the auditor | 13143 |
| or chief fiscal officer of the municipal corporation in which the | 13144 |
| court is located or, in the case of a county-operated municipal | 13145 |
| court, the county auditor, is equal to or greater than the | 13146 |
| expenditures, including any debt charges, for the operation of the | 13147 |
| court payable under this chapter from the city treasury or, in the | 13148 |
| case of a county-operated municipal court, the county treasury for | 13149 |
| that calendar year, as also certified by the auditor or chief | 13150 |
| fiscal officer. If the revenue of a municipal court, other than | 13151 |
| the Auglaize county, the Brown county, the Columbiana county, and | 13152 |
| the Lorain municipal courts, for which the population of the | 13153 |
|
territory
is less than one
hundred thousand | 13154 |
| 13155 | |
| certified is not equal to or greater than those expenditures for | 13156 |
| the operation of the court for that calendar year as so certified, | 13157 |
| the clerk of a municipal court shall receive the annual | 13158 |
| compensation that the legislative authority prescribes. As used in | 13159 |
| this division, "revenue" means the total of all costs and fees | 13160 |
| that are collected and paid to the city treasury or, in a | 13161 |
| county-operated municipal court, the county treasury by the clerk | 13162 |
| of the municipal court under division (F) of this section and all | 13163 |
| interest received and paid to the city treasury or, in a | 13164 |
| county-operated municipal court, the county treasury in relation | 13165 |
| to the costs and fees under division (G) of this section. | 13166 |
| (2) In a municipal court, other than the Hamilton county, | 13167 |
| 13168 | |
| which the population of the territory is one hundred thousand or | 13169 |
| more, and in the Lorain municipal court, the clerk of the | 13170 |
| municipal court shall receive annual compensation in a sum equal | 13171 |
| to eighty-five per cent of the salary of a judge of the court. | 13172 |
| (3) The compensation of a clerk described in division (C)(1) | 13173 |
| or (2) of this section is payable in semimonthly installments from | 13174 |
| the same sources and in the same manner as provided in section | 13175 |
| 1901.11 of the Revised Code. | 13176 |
| (D) Before entering upon the duties of the clerk's office, | 13177 |
| the clerk of a municipal court shall give bond of not less than | 13178 |
| six thousand dollars to be determined by the judges of the court, | 13179 |
| conditioned upon the faithful performance of the clerk's duties. | 13180 |
| (E) The clerk of a municipal court may do all of the | 13181 |
| following: administer oaths, take affidavits, and issue executions | 13182 |
| upon any judgment rendered in the court, including a judgment for | 13183 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 13184 |
| writs, process, subpoenas, and papers issuing out of the court; | 13185 |
| and approve all bonds, sureties, recognizances, and undertakings | 13186 |
| fixed by any judge of the court or by law. The clerk may refuse to | 13187 |
| accept for filing any pleading or paper submitted for filing by a | 13188 |
| person who has been found to be a vexatious litigator under | 13189 |
| section 2323.52 of the Revised Code and who has failed to obtain | 13190 |
| leave to proceed under that section. The clerk shall do all of the | 13191 |
| following: file and safely keep all journals, records, books, and | 13192 |
| papers belonging or appertaining to the court; record the | 13193 |
| proceedings of the court; perform all other duties that the judges | 13194 |
| of the court may prescribe; and keep a book showing all receipts | 13195 |
| and disbursements, which book shall be open for public inspection | 13196 |
| at all times. | 13197 |
| The clerk shall prepare and maintain a general index, a | 13198 |
| docket, and other records that the court, by rule, requires, all | 13199 |
| of which shall be the public records of the court. In the docket, | 13200 |
| the clerk shall enter, at the time of the commencement of an | 13201 |
| action, the names of the parties in full, the names of the | 13202 |
| counsel, and the nature of the proceedings. Under proper dates, | 13203 |
| the clerk shall note the filing of the complaint, issuing of | 13204 |
| summons or other process, returns, and any subsequent pleadings. | 13205 |
| The clerk also shall enter all reports, verdicts, orders, | 13206 |
| judgments, and proceedings of the court, clearly specifying the | 13207 |
| relief granted or orders made in each action. The court may order | 13208 |
| an extended record of any of the above to be made and entered, | 13209 |
| under the proper action heading, upon the docket at the request of | 13210 |
| any party to the case, the expense of which record may be taxed as | 13211 |
| costs in the case or may be required to be prepaid by the party | 13212 |
| demanding the record, upon order of the court. | 13213 |
| (F) The clerk of a municipal court shall receive, collect, | 13214 |
| and issue receipts for all costs, fees, fines, bail, and other | 13215 |
| moneys payable to the office or to any officer of the court. The | 13216 |
| clerk shall each month disburse to the proper persons or officers, | 13217 |
| and take receipts for, all costs, fees, fines, bail, and other | 13218 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 13219 |
| 4511.193 of the Revised Code and to any other section of the | 13220 |
| Revised Code that requires a specific manner of disbursement of | 13221 |
| any moneys received by a municipal court and except for the | 13222 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 13223 |
| courts, the clerk shall pay all fines received for violation of | 13224 |
| municipal ordinances into the treasury of the municipal | 13225 |
| corporation the ordinance of which was violated and shall pay all | 13226 |
| fines received for violation of township resolutions adopted | 13227 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 13228 |
| the township the resolution of which was violated. Subject to | 13229 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 13230 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 13231 |
| courts, the clerk shall pay fifty per cent of the fines received | 13232 |
| for violation of municipal ordinances and fifty per cent of the | 13233 |
| fines received for violation of township resolutions adopted | 13234 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 13235 |
| the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 13236 |
| 5503.04 of the Revised Code and to any other section of the | 13237 |
| Revised Code that requires a specific manner of disbursement of | 13238 |
| any moneys received by a municipal court, the clerk shall pay all | 13239 |
| fines collected for the violation of state laws into the county | 13240 |
| treasury. Except in a county-operated municipal court, the clerk | 13241 |
| shall pay all costs and fees the disbursement of which is not | 13242 |
| otherwise provided for in the Revised Code into the city treasury. | 13243 |
| The clerk of a county-operated municipal court shall pay the costs | 13244 |
| and fees the disbursement of which is not otherwise provided for | 13245 |
| in the Revised Code into the county treasury. Moneys deposited as | 13246 |
| security for costs shall be retained pending the litigation. The | 13247 |
| clerk shall keep a separate account of all receipts and | 13248 |
| disbursements in civil and criminal cases, which shall be a | 13249 |
| permanent public record of the office. On the expiration of the | 13250 |
| term of the clerk, the clerk shall deliver the records to the | 13251 |
| clerk's successor. The clerk shall have other powers and duties as | 13252 |
| are prescribed by rule or order of the court. | 13253 |
| (G) All moneys paid into a municipal court shall be noted on | 13254 |
| the record of the case in which they are paid and shall be | 13255 |
| deposited in a state or national bank, or a domestic savings and | 13256 |
| loan association, as defined in section 1151.01 of the Revised | 13257 |
| Code, that is selected by the clerk. Any interest received upon | 13258 |
| the deposits shall be paid into the city treasury, except that, in | 13259 |
| a county-operated municipal court, the interest shall be paid into | 13260 |
| the treasury of the county in which the court is located. | 13261 |
| On the first Monday in January of each year, the clerk shall | 13262 |
| make a list of the titles of all cases in the court that were | 13263 |
| finally determined more than one year past in which there remains | 13264 |
| unclaimed in the possession of the clerk any funds, or any part of | 13265 |
| a deposit for security of costs not consumed by the costs in the | 13266 |
| case. The clerk shall give notice of the moneys to the parties who | 13267 |
| are entitled to the moneys or to their attorneys of record. All | 13268 |
| the moneys remaining unclaimed on the first day of April of each | 13269 |
| year shall be paid by the clerk to the city treasurer, except | 13270 |
| that, in a county-operated municipal court, the moneys shall be | 13271 |
| paid to the treasurer of the county in which the court is located. | 13272 |
| The treasurer shall pay any part of the moneys at any time to the | 13273 |
| person who has the right to the moneys upon proper certification | 13274 |
| of the clerk. | 13275 |
| (H) Deputy clerks may be appointed by the clerk and shall | 13276 |
| receive the compensation, payable in semimonthly installments out | 13277 |
| of the city treasury, that the clerk may prescribe, except that | 13278 |
| the compensation of any deputy clerk of a county-operated | 13279 |
| municipal court shall be paid out of the treasury of the county in | 13280 |
| which the court is located. Each deputy clerk shall take an oath | 13281 |
| of office before entering upon the duties of the deputy clerk's | 13282 |
| office and, when so qualified, may perform the duties appertaining | 13283 |
| to the office of the clerk. The clerk may require any of the | 13284 |
| deputy clerks to give bond of not less than three thousand | 13285 |
| dollars, conditioned for the faithful performance of the deputy | 13286 |
| clerk's duties. | 13287 |
| (I) For the purposes of this section, whenever the population | 13288 |
| of the territory of a municipal court falls below one hundred | 13289 |
| thousand but not below ninety thousand, and the population of the | 13290 |
| territory prior to the most recent regular federal census exceeded | 13291 |
| one hundred thousand, the legislative authority of the municipal | 13292 |
| corporation may declare, by resolution, that the territory shall | 13293 |
| be considered to have a population of at least one hundred | 13294 |
| thousand. | 13295 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 13296 |
| sessions of the municipal court, although not necessarily in the | 13297 |
| courtroom, and may administer oaths to witnesses and jurors and | 13298 |
| receive verdicts. | 13299 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 13300 |
| county court shall fix and tax fees and costs as follows: | 13301 |
| (1) The county court shall require an advance deposit for the | 13302 |
| filing of any new civil action or proceeding when required by | 13303 |
| division (C) of this section and, in all other cases, shall | 13304 |
| establish a schedule of fees and costs to be taxed in any civil or | 13305 |
| criminal action or proceeding. | 13306 |
| (2) The county court by rule may require an advance deposit | 13307 |
| for the filing of a civil action or proceeding and publication | 13308 |
| fees as provided in section 2701.09 of the Revised Code. The court | 13309 |
| may waive an advance deposit requirement upon the presentation of | 13310 |
| an affidavit or other evidence that establishes that a party is | 13311 |
| unable to make the requisite deposit. | 13312 |
| (3) When a party demands a jury trial in a civil action or | 13313 |
| proceeding, the county court may require the party to make an | 13314 |
| advance deposit as fixed by rule of court, unless the court | 13315 |
| concludes, on the basis of an affidavit or other evidence | 13316 |
| presented by the party, that the party is unable to make the | 13317 |
| requisite deposit. If a jury is called, the county court shall tax | 13318 |
| the fees of a jury as costs. | 13319 |
| (4) In a civil or criminal action or proceeding, the county | 13320 |
| court shall fix the fees of witnesses in accordance with sections | 13321 |
| 2335.06 and 2335.08 of the Revised Code. | 13322 |
| (5) A county court may tax as part of the costs in a trial of | 13323 |
| the cause, in an amount fixed by rule of court, a reasonable | 13324 |
| charge for driving, towing, carting, storing, keeping, and | 13325 |
| preserving motor vehicles and other personal property recovered or | 13326 |
| seized in a proceeding. | 13327 |
| (6) The court shall preserve chattel property seized under a | 13328 |
| writ or process issued by the court pending final disposition for | 13329 |
| the benefit of all interested persons. The court may place the | 13330 |
| chattel property in storage when necessary or proper for its | 13331 |
| preservation. The custodian of chattel property so stored shall | 13332 |
| not be required to part with the possession of the property until | 13333 |
| a reasonable charge, to be fixed by the court, is paid. | 13334 |
| (7) The county court, as it determines, may refund all | 13335 |
| deposits and advance payments of fees and costs, including those | 13336 |
| for jurors and summoning jurors, when they have been paid by the | 13337 |
| losing party. | 13338 |
| (8) The court may tax as part of costs charges for the | 13339 |
| publication of legal notices required by statute or order of | 13340 |
| court, as provided by section 7.13 of the Revised Code. | 13341 |
| (B)(1) The county court may determine that, for the efficient | 13342 |
| operation of the court, additional funds are necessary to acquire | 13343 |
| and pay for special projects of the court including, but not | 13344 |
| limited to, the acquisition of additional facilities or the | 13345 |
| rehabilitation of existing facilities, the acquisition of | 13346 |
| equipment, the hiring and training of staff, community service | 13347 |
| programs, mediation or dispute resolution services, the employment | 13348 |
| of magistrates, the training and education of judges, acting | 13349 |
| judges, and magistrates, and other related services. Upon that | 13350 |
| determination, the court by rule may charge a fee, in addition to | 13351 |
| all other court costs, on the filing of each criminal cause, civil | 13352 |
| action or proceeding, or judgment by confession. | 13353 |
| If the county court offers a special program or service in | 13354 |
| cases of a specific type, the county court by rule may assess an | 13355 |
| additional charge in a case of that type, over and above court | 13356 |
| costs, to cover the special program or service. The county court | 13357 |
| shall adjust the special assessment periodically, but not | 13358 |
| retroactively, so that the amount assessed in those cases does not | 13359 |
| exceed the actual cost of providing the service or program. | 13360 |
| All moneys collected under division (B) of this section shall | 13361 |
| be paid to the county treasurer for deposit into either a general | 13362 |
| special projects fund or a fund established for a specific special | 13363 |
| project. Moneys from a fund of that nature shall be disbursed upon | 13364 |
| an order of the court in an amount no greater than the actual cost | 13365 |
| to the court of a project. If a specific fund is terminated | 13366 |
| because of the discontinuance of a program or service established | 13367 |
| under division (B) of this section, the county court may order | 13368 |
| that moneys remaining in the fund be transferred to an account | 13369 |
| established under this division for a similar purpose. | 13370 |
| (2) As used in division (B) of this section: | 13371 |
| (a) "Criminal cause" means a charge alleging the violation of | 13372 |
| a statute or ordinance, or subsection of a statute or ordinance, | 13373 |
| that requires a separate finding of fact or a separate plea before | 13374 |
| disposition and of which the defendant may be found guilty, | 13375 |
| whether filed as part of a multiple charge on a single summons, | 13376 |
| citation, or complaint or as a separate charge on a single | 13377 |
| summons, citation, or complaint. "Criminal cause" does not include | 13378 |
| separate violations of the same statute or ordinance, or | 13379 |
| subsection of the same statute or ordinance, unless each charge is | 13380 |
| filed on a separate summons, citation, or complaint. | 13381 |
| (b) "Civil action or proceeding" means any civil litigation | 13382 |
| that must be determined by judgment entry. | 13383 |
| (C) Subject to division (E) of this section, the county court | 13384 |
| shall collect in all its divisions except the small claims | 13385 |
|
division the sum of | 13386 |
| filing fees in each new civil action or proceeding for the | 13387 |
| charitable public purpose of providing financial assistance to | 13388 |
| legal aid societies that operate within the state. Subject to | 13389 |
| division (E) of this section, the county court shall collect in | 13390 |
| its small
claims
division the sum of | 13391 |
| additional filing fees in each new civil action or proceeding for | 13392 |
| the charitable public purpose of providing financial assistance to | 13393 |
| legal aid societies that operate within the state. This division | 13394 |
| does not apply to any execution on a judgment, proceeding in aid | 13395 |
| of execution, or other post-judgment proceeding arising out of a | 13396 |
| civil action. The filing fees required to be collected under this | 13397 |
| division shall be in addition to any other court costs imposed in | 13398 |
| the action or proceeding and shall be collected at the time of the | 13399 |
| filing of the action or proceeding. The court shall not waive the | 13400 |
| payment of the additional filing fees in a new civil action or | 13401 |
| proceeding unless the court waives the advanced payment of all | 13402 |
| filing fees in the action or proceeding. All such moneys collected | 13403 |
| during a month shall be transmitted on or before the twentieth day | 13404 |
| of the following month by the clerk of the court to the treasurer | 13405 |
| of state in a manner prescribed by the treasurer of state or by | 13406 |
| the Ohio legal assistance foundation. The moneys then shall be | 13407 |
| deposited by the treasurer of state to the credit of the legal aid | 13408 |
| fund established under section 120.52 of the Revised Code. | 13409 |
| The court may retain up to one per cent of the moneys it | 13410 |
| collects under this division to cover administrative costs, | 13411 |
| including the hiring of any additional personnel necessary to | 13412 |
| implement this division. | 13413 |
| (D) The county court shall establish by rule a schedule of | 13414 |
| fees for miscellaneous services performed by the county court or | 13415 |
| any of its judges in accordance with law. If judges of the court | 13416 |
| of common pleas perform similar services, the fees prescribed in | 13417 |
| the schedule shall not exceed the fees for those services | 13418 |
| prescribed by the court of common pleas. | 13419 |
| (E) Under the circumstances described in sections 2969.21 to | 13420 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 13421 |
| charge the fees and perform the other duties specified in those | 13422 |
| sections. | 13423 |
| Sec. 2113.041. (A) The administrator of the estate recovery | 13424 |
| program established pursuant to section 5111.11 of the Revised | 13425 |
| Code may present an affidavit to a financial institution | 13426 |
| requesting that the financial institution release account proceeds | 13427 |
| to recover the cost of services correctly provided to a medicaid | 13428 |
| recipient who is subject to the estate recovery program. The | 13429 |
| affidavit shall include all of the following information: | 13430 |
| (1) The name of the decedent; | 13431 |
| (2) The name of any person who gave notice that the decedent | 13432 |
| was a medicaid recipient and that person's relationship to the | 13433 |
| decedent; | 13434 |
| (3) The name of the financial institution; | 13435 |
| (4) The account number; | 13436 |
| (5) A description of the claim for estate recovery; | 13437 |
| (6) The amount of funds to be recovered. | 13438 |
| (B) A financial institution may release account proceeds to | 13439 |
| the administrator of the estate recovery program if all of the | 13440 |
| following apply: | 13441 |
| (1) The decedent held an account at the financial institution | 13442 |
| that was in the decedent's name only. | 13443 |
| (2) No estate has been, and it is reasonable to assume that | 13444 |
| no estate will be, opened for the decedent. | 13445 |
| (3) The decedent has no outstanding debts known to the | 13446 |
| administrator of the estate recovery program. | 13447 |
| (4) The financial institution has received no objections or | 13448 |
| has determined that no valid objections to release of proceeds | 13449 |
| have been received. | 13450 |
| (C) If proceeds have been released pursuant to division (B) | 13451 |
| of this section and the department of job and family services | 13452 |
| receives notice of a valid claim to the proceeds that has a higher | 13453 |
| priority under section 2117.25 of the Revised Code than the claim | 13454 |
| of the estate recovery program, the department may refund the | 13455 |
| proceeds to the financial institution or pay them to the person or | 13456 |
| government entity with the claim. | 13457 |
| Sec. 2151.031. As used in this chapter, an "abused child" | 13458 |
| includes any child who: | 13459 |
| (A) Is the victim of "sexual activity" as defined under | 13460 |
| Chapter 2907. of the Revised Code, where such activity would | 13461 |
| constitute an offense under that chapter, except that the court | 13462 |
| need not find that any person has been convicted of the offense in | 13463 |
| order to find that the child is an abused child; | 13464 |
| (B) Is endangered as defined in section 2919.22 of the | 13465 |
| Revised Code, except that the court need not find that any person | 13466 |
| has been convicted under that section in order to find that the | 13467 |
| child is an abused child; | 13468 |
| (C) Exhibits evidence of any physical or mental injury or | 13469 |
| death, inflicted other than by accidental means, or an injury or | 13470 |
| death which is at variance with the history given of it. Except as | 13471 |
| provided in division (D) of this section, a child exhibiting | 13472 |
| evidence of corporal punishment or other physical disciplinary | 13473 |
| measure by a parent, guardian, custodian, person having custody or | 13474 |
| control, or person in loco parentis of a child is not an abused | 13475 |
| child under this division if the measure is not prohibited under | 13476 |
| section 2919.22 of the Revised Code. | 13477 |
| (D) Because of the acts of | 13478 |
| or custodian, suffers physical or mental injury that harms or | 13479 |
|
threatens to harm the child's health or welfare | 13480 |
| (E) Is subjected to out-of-home care child abuse; | 13481 |
| (F) Is exposed to methamphetamine or to an ephedrine product, | 13482 |
| phenylpropanolamine product, or pseudoephedrine product in | 13483 |
| violation of division (A)(7) of section 2919.22 of the Revised | 13484 |
| Code, to conduct in violation of section 2925.04 of the Revised | 13485 |
| Code that involves the manufacture of methamphetamine, or to | 13486 |
| conduct in violation of division (A)(1) of section 2925.041 of the | 13487 |
| Revised Code, except that the court need not find that any person | 13488 |
| has been convicted under the specified section in order to find | 13489 |
| that the child is an abused child. | 13490 |
| Sec. 2151.352. A
child, | 13491 |
| custodian,
or
any other
person in loco parentis of | 13492 |
| is entitled to representation by legal counsel at all stages of | 13493 |
| the proceedings under this chapter or Chapter 2152. of the Revised | 13494 |
| Code | 13495 |
| unable to employ counsel, the party is entitled to have counsel | 13496 |
| provided for the person pursuant to Chapter 120. of the Revised | 13497 |
| Code except in civil matters in which the juvenile court is | 13498 |
| exercising jurisdiction pursuant to division (A)(2), (3), (9), | 13499 |
| (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); | 13500 |
| (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a | 13501 |
| party appears without counsel, the court shall ascertain whether | 13502 |
| the party knows of the party's right to counsel and of the party's | 13503 |
| right to be provided with counsel if the party is an indigent | 13504 |
| person. The court may continue the case to enable a party to | 13505 |
|
obtain counsel | 13506 |
|
or the joint county public defender | 13507 |
| appointed counsel upon request pursuant to Chapter 120. of the | 13508 |
| Revised Code. Counsel must be provided for a child not represented | 13509 |
| by the child's parent, guardian, or custodian. If the interests of | 13510 |
| two or more such parties conflict, separate counsel shall be | 13511 |
| provided for each of them. | 13512 |
| Section 2935.14 of the Revised Code applies to any child | 13513 |
| taken into custody. The parents, custodian, or guardian of such | 13514 |
| child, and any attorney at law representing them or the child, | 13515 |
| shall be entitled to visit such child at any reasonable time, be | 13516 |
| present at any hearing involving the child, and be given | 13517 |
| reasonable notice of such hearing. | 13518 |
| Any report or part thereof concerning such child, which is | 13519 |
| used in the hearing and is pertinent thereto, shall for good cause | 13520 |
| shown be made available to any attorney at law representing such | 13521 |
| child and to any attorney at law representing the parents, | 13522 |
| custodian, or guardian of such child, upon written request prior | 13523 |
| to any hearing involving such child. | 13524 |
| Sec. 2151.416. (A) Each agency that is required by section | 13525 |
| 2151.412 of the Revised Code to prepare a case plan for a child | 13526 |
| shall complete a semiannual administrative review of the case plan | 13527 |
| no later than six months after the earlier of the date on which | 13528 |
| the complaint in the case was filed or the child was first placed | 13529 |
| in shelter care. After the first administrative review, the agency | 13530 |
| shall complete semiannual administrative reviews no later than | 13531 |
| every six months. If the court issues an order pursuant to section | 13532 |
| 2151.414 or 2151.415 of the Revised Code, the agency shall | 13533 |
| complete an administrative review no later than six months after | 13534 |
| the court's order and continue to complete administrative reviews | 13535 |
| no later than every six months after the first review, except that | 13536 |
| the court hearing held pursuant to section 2151.417 of the Revised | 13537 |
| Code may take the place of any administrative review that would | 13538 |
| otherwise be held at the time of the court hearing. When | 13539 |
| conducting a review, the child's health and safety shall be the | 13540 |
| paramount concern. | 13541 |
| (B) Each administrative review required by division (A) of | 13542 |
| this section shall be conducted by a review panel of at least | 13543 |
| three persons, including, but not limited to, both of the | 13544 |
| following: | 13545 |
| (1) A caseworker with day-to-day responsibility for, or | 13546 |
| familiarity with, the management of the child's case plan; | 13547 |
| (2) A person who is not responsible for the management of the | 13548 |
| child's case plan or for the delivery of services to the child or | 13549 |
| the parents, guardian, or custodian of the child. | 13550 |
| (C) Each semiannual administrative review shall include, but | 13551 |
| not be limited to, a joint meeting by the review panel with the | 13552 |
| parents, guardian, or custodian of the child, the guardian ad | 13553 |
| litem of the child, and the child's foster care provider and shall | 13554 |
| include an opportunity for those persons to submit any written | 13555 |
| materials to be included in the case record of the child. If a | 13556 |
| parent, guardian, custodian, guardian ad litem, or foster care | 13557 |
| provider of the child cannot be located after reasonable efforts | 13558 |
| to do so or declines to participate in the administrative review | 13559 |
| after being contacted, the agency does not have to include them in | 13560 |
| the joint meeting. | 13561 |
| (D) The agency shall prepare a written summary of the | 13562 |
| semiannual administrative review that shall include, but not be | 13563 |
| limited to, all of the following: | 13564 |
| (1) A conclusion regarding the safety and appropriateness of | 13565 |
| the child's foster care placement; | 13566 |
| (2) The extent of the compliance with the case plan of all | 13567 |
| parties; | 13568 |
| (3) The extent of progress that has been made toward | 13569 |
| alleviating the circumstances that required the agency to assume | 13570 |
| temporary custody of the child; | 13571 |
| (4) An estimated date by which the child may be returned to | 13572 |
| and safely maintained in the child's home or placed for adoption | 13573 |
| or legal custody; | 13574 |
| (5) An updated case plan that includes any changes that the | 13575 |
| agency is proposing in the case plan; | 13576 |
| (6) The recommendation of the agency as to which agency or | 13577 |
| person should be given custodial rights over the child for the | 13578 |
| six-month period after the administrative review; | 13579 |
| (7) The names of all persons who participated in the | 13580 |
| administrative review. | 13581 |
| (E) The agency shall file the summary with the court no later | 13582 |
| than seven days after the completion of the administrative review. | 13583 |
| If the agency proposes a change to the case plan as a result of | 13584 |
| the administrative review, the agency shall file the proposed | 13585 |
| change with the court at the time it files the summary. The agency | 13586 |
| shall give notice of the summary and proposed change in writing | 13587 |
| before the end of the next day after filing them to all parties | 13588 |
| and the child's guardian ad litem. All parties and the guardian ad | 13589 |
| litem shall have seven days after the date the notice is sent to | 13590 |
| object to and request a hearing on the proposed change. | 13591 |
| (1) If the court receives a timely request for a hearing, the | 13592 |
| court shall schedule a hearing pursuant to section 2151.417 of the | 13593 |
| Revised Code to be held not later than thirty days after the court | 13594 |
| receives the request. The court shall give notice of the date, | 13595 |
| time, and location of the hearing to all parties and the guardian | 13596 |
| ad litem. The agency may implement the proposed change after the | 13597 |
| hearing, if the court approves it. The agency shall not implement | 13598 |
| the proposed change unless it is approved by the court. | 13599 |
| (2) If the court does not receive a timely request for a | 13600 |
| hearing, the court may approve the proposed change without a | 13601 |
| hearing. If the court approves the proposed change without a | 13602 |
| hearing, it shall journalize the case plan with the change not | 13603 |
| later than fourteen days after the change is filed with the court. | 13604 |
| If the court does not approve the proposed change to the case | 13605 |
| plan, it shall schedule a review hearing to be held pursuant to | 13606 |
| section 2151.417 of the Revised Code no later than thirty days | 13607 |
| after the expiration of the fourteen-day time period and give | 13608 |
| notice of the date, time, and location of the hearing to all | 13609 |
| parties and the guardian ad litem of the child. If, despite the | 13610 |
| requirements of this division and division (D) of section 2151.417 | 13611 |
| of the Revised Code, the court neither approves and journalizes | 13612 |
| the proposed change nor conducts a hearing, the agency may | 13613 |
| implement the proposed change not earlier than fifteen days after | 13614 |
| it is submitted to the court. | 13615 |
| (F) The director of job and family services may adopt rules | 13616 |
| pursuant to Chapter 119. of the Revised Code for procedures and | 13617 |
| standard forms for conducting administrative reviews pursuant to | 13618 |
| this section. | 13619 |
| (G) The juvenile court that receives the written summary of | 13620 |
| the administrative review, upon determining, either from the | 13621 |
| written summary, case plan, or otherwise, that the custody or care | 13622 |
| arrangement is not in the best interest of the child, may | 13623 |
| terminate the custody of an agency and place the child in the | 13624 |
| custody of another institution or association certified by the | 13625 |
| department of job and family services under section 5103.03 of the | 13626 |
| Revised Code. | 13627 |
| (H) The department of job and family services shall report | 13628 |
| annually to the public and to the general assembly on the results | 13629 |
|
of the
review of case plans of each agency | 13630 |
| 13631 | |
| 13632 | |
| that is required by the department, including, but not limited to, | 13633 |
| all of the following: | 13634 |
| (1) A statistical analysis of the administrative reviews | 13635 |
| conducted pursuant to this section and section 2151.417 of the | 13636 |
| Revised Code; | 13637 |
| (2) The number of children in temporary or permanent custody | 13638 |
| for whom an administrative review was conducted, the number of | 13639 |
| children whose custody status changed during the period, the | 13640 |
| number of children whose residential placement changed during the | 13641 |
| period, and the number of residential placement changes for each | 13642 |
| child during the period; | 13643 |
| (3) An analysis of the utilization of public social services | 13644 |
| by agencies and parents or guardians, and the utilization of the | 13645 |
| adoption listing service of the department pursuant to section | 13646 |
|
5103.154 of the Revised Code | 13647 |
| | 13648 |
| 13649 |
| Sec. 2151.86. (A)(1) The appointing or hiring officer of any | 13650 |
| entity that appoints or employs any person responsible for a | 13651 |
| child's care in out-of-home care shall request the superintendent | 13652 |
| of BCII to conduct a criminal records check with respect to any | 13653 |
| person who is under final consideration for appointment or | 13654 |
| employment as a person responsible for a child's care in | 13655 |
| out-of-home care, except that section 3319.39 of the Revised Code | 13656 |
| shall apply instead of this section if the out-of-home care entity | 13657 |
| is a public school, educational service center, or chartered | 13658 |
| nonpublic school. | 13659 |
| (2) The administrative director of an agency, or attorney, | 13660 |
| who arranges an adoption for a prospective adoptive parent shall | 13661 |
| request the superintendent of BCII to conduct a criminal records | 13662 |
| check with respect to that prospective adoptive parent and all | 13663 |
| persons eighteen years of age or older who reside with the | 13664 |
| prospective adoptive parent. | 13665 |
| (3) Before a recommending agency submits a recommendation to | 13666 |
| the department of job and family services on whether the | 13667 |
| department should issue a certificate to a foster home under | 13668 |
| section 5103.03 of the Revised Code, the administrative director | 13669 |
| of the agency shall request that the superintendent of BCII | 13670 |
| conduct a criminal records check with respect to the prospective | 13671 |
| foster caregiver and all other persons eighteen years of age or | 13672 |
| older who reside with the foster caregiver. | 13673 |
| (4) The executive director of a public children services | 13674 |
| agency that receives an application under section 5101.802 of the | 13675 |
| Revised Code for the kinship caregiver subsidy program shall | 13676 |
| request that the superintendent of BCII conduct a criminal records | 13677 |
| check with respect to the kinship caregiver and all other persons | 13678 |
| eighteen years of age or older who reside with the kinship | 13679 |
| caregiver. | 13680 |
| (B) If a person subject to a criminal records check does not | 13681 |
| present proof that the person has been a resident of this state | 13682 |
| for the five-year period immediately prior to the date upon which | 13683 |
| the criminal records check is requested or does not provide | 13684 |
| evidence that within that five-year period the superintendent of | 13685 |
| BCII has requested information about the person from the federal | 13686 |
| bureau of investigation in a criminal records check, the | 13687 |
| appointing or hiring officer, administrative or executive | 13688 |
| director, or attorney shall request that the superintendent of | 13689 |
| BCII obtain information from the federal bureau of investigation | 13690 |
| as a part of the criminal records check. If the person subject to | 13691 |
| the criminal records check presents proof that the person has been | 13692 |
| a resident of this state for that five-year period, the officer, | 13693 |
| director, or attorney may request that the superintendent of BCII | 13694 |
| include information from the federal bureau of investigation in | 13695 |
| the criminal records check. | 13696 |
| An appointing or hiring officer, administrative or executive | 13697 |
| director, or attorney required by division (A) of this section to | 13698 |
| request a criminal records check shall provide to each person | 13699 |
| subject to a criminal records check a copy of the form prescribed | 13700 |
| pursuant to division (C)(1) of section 109.572 of the Revised Code | 13701 |
| and a standard impression sheet to obtain fingerprint impressions | 13702 |
| prescribed pursuant to division (C)(2) of section 109.572 of the | 13703 |
| Revised Code, obtain the completed form and impression sheet from | 13704 |
| the person, and forward the completed form and impression sheet to | 13705 |
| the superintendent of BCII at the time the criminal records check | 13706 |
| is requested. | 13707 |
| Any person subject to a criminal records check who receives | 13708 |
| pursuant to this division a copy of the form prescribed pursuant | 13709 |
| to division (C)(1) of section 109.572 of the Revised Code and a | 13710 |
| copy of an impression sheet prescribed pursuant to division (C)(2) | 13711 |
| of that section and who is requested to complete the form and | 13712 |
| provide a set of fingerprint impressions shall complete the form | 13713 |
| or provide all the information necessary to complete the form and | 13714 |
| shall provide the impression sheet with the impressions of the | 13715 |
| person's fingerprints. If a person subject to a criminal records | 13716 |
| check, upon request, fails to provide the information necessary to | 13717 |
| complete the form or fails to provide impressions of the person's | 13718 |
| fingerprints, the appointing or hiring officer shall not appoint | 13719 |
| or employ the person as a person responsible for a child's care in | 13720 |
| out-of-home care, a probate court may not issue a final decree of | 13721 |
| adoption or an interlocutory order of adoption making the person | 13722 |
| an adoptive parent,
| 13723 |
| shall not issue a certificate authorizing the prospective foster | 13724 |
| caregiver to operate a foster home, and the public children | 13725 |
| services agency shall deny the application for the kinship | 13726 |
| caregiver subsidy program. | 13727 |
| (C)(1) No appointing or hiring officer shall appoint or | 13728 |
| employ a person as a person responsible for a child's care in | 13729 |
| out-of-home care, the department of job and family services shall | 13730 |
| not issue a certificate under section 5103.03 of the Revised Code | 13731 |
| authorizing a prospective foster caregiver to operate a foster | 13732 |
| home, no public children services agency shall approve an | 13733 |
| application for the kinship caregiver subsidy program, and no | 13734 |
| probate court shall issue a final decree of adoption or an | 13735 |
| interlocutory order of adoption making a person an adoptive parent | 13736 |
| if the person or, in the case of a prospective foster caregiver | 13737 |
| 13738 | |
| eighteen years of age or older who resides with the prospective | 13739 |
| foster caregiver | 13740 |
| caregiver previously has been convicted of or pleaded guilty to | 13741 |
| any of the following, unless the person meets rehabilitation | 13742 |
| standards established in rules adopted under division (F) of this | 13743 |
| section: | 13744 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 13745 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 13746 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 13747 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 13748 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 13749 |
| 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 13750 |
| 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 13751 |
| 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 13752 |
| violation of section 2905.04 of the Revised Code as it existed | 13753 |
| prior to July 1, 1996, a violation of section 2919.23 of the | 13754 |
| Revised Code that would have been a violation of section 2905.04 | 13755 |
| of the Revised Code as it existed prior to July 1, 1996, had the | 13756 |
| violation been committed prior to that date, a violation of | 13757 |
| section 2925.11 of the Revised Code that is not a minor drug | 13758 |
| possession offense, or felonious sexual penetration in violation | 13759 |
| of former section 2907.12 of the Revised Code; | 13760 |
| (b) A violation of an existing or former law of this state, | 13761 |
| any other state, or the United States that is substantially | 13762 |
| equivalent to any of the offenses described in division (C)(1)(a) | 13763 |
| of this section. | 13764 |
| (2) The appointing or hiring officer may appoint or employ a | 13765 |
| person as a person responsible for a child's care in out-of-home | 13766 |
| care conditionally until the criminal records check required by | 13767 |
| this section is completed and the officer receives the results of | 13768 |
| the criminal records check. If the results of the criminal records | 13769 |
| check indicate that, pursuant to division (C)(1) of this section, | 13770 |
| the person subject to the criminal records check does not qualify | 13771 |
| for appointment or employment, the officer shall release the | 13772 |
| person from appointment or employment. | 13773 |
| (D) The appointing or hiring officer, administrative or | 13774 |
| executive director, or attorney shall pay to the bureau of | 13775 |
| criminal identification and investigation the fee prescribed | 13776 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 13777 |
| for each criminal records check conducted in accordance with that | 13778 |
| section upon a request pursuant to division (A) of this section. | 13779 |
| The officer, director, or attorney may charge the person subject | 13780 |
| to the criminal records check a fee for the costs the officer, | 13781 |
| director, or attorney incurs in obtaining the criminal records | 13782 |
| check. A fee charged under this division shall not exceed the | 13783 |
| amount of fees the officer, director, or attorney pays for the | 13784 |
| criminal records check. If a fee is charged under this division, | 13785 |
| the officer, director, or attorney shall notify the person who is | 13786 |
| the applicant at the time of the person's initial application for | 13787 |
| appointment or employment, an adoption to be
arranged, | 13788 |
| certificate to operate a foster home, or the kinship caregiver | 13789 |
| subsidy program of the amount of the fee and that, unless the fee | 13790 |
| is paid, the person who is the applicant will not be considered | 13791 |
| for appointment or employment or as an adoptive parent or foster | 13792 |
| caregiver or will have the application for the kinship caregiver | 13793 |
| subsidy program denied. | 13794 |
| (E) The report of any criminal records check conducted by the | 13795 |
| bureau of criminal identification and investigation in accordance | 13796 |
| with section 109.572 of the Revised Code and pursuant to a request | 13797 |
| made under division (A) of this section is not a public record for | 13798 |
| the purposes of section 149.43 of the Revised Code and shall not | 13799 |
| be made available to any person other than the person who is the | 13800 |
| subject of the criminal records check or the person's | 13801 |
| representative; the appointing or hiring officer, administrative | 13802 |
| or executive director, or attorney requesting the criminal records | 13803 |
| check or the officer's, director's, or attorney's representative; | 13804 |
| the department of job and family services or a county department | 13805 |
| of job and family services; a public children services agency; and | 13806 |
| any court, hearing officer, or other necessary individual involved | 13807 |
| in a case dealing with the denial of employment, a final decree of | 13808 |
| adoption
or interlocutory order of adoption, | 13809 |
| certificate, or the kinship caregiver subsidy program. | 13810 |
| (F) The director of job and family services shall adopt rules | 13811 |
| in accordance with Chapter 119. of the Revised Code to implement | 13812 |
| this section. The rules shall include rehabilitation standards a | 13813 |
| person who has been convicted of or pleaded guilty to an offense | 13814 |
| listed in division (C)(1) of this section must meet for an | 13815 |
| appointing or hiring officer to appoint or employ the person as a | 13816 |
| person responsible for a child's care in out-of-home care, a | 13817 |
| probate court to issue a final decree of adoption or interlocutory | 13818 |
| order of adoption making the person
an adoptive parent, | 13819 |
| department to issue a certificate authorizing the prospective | 13820 |
| foster caregiver to operate a foster home, or a public children | 13821 |
| services agency to approve an application for the kinship | 13822 |
| caregiver subsidy program. | 13823 |
| (G) An appointing or hiring officer, administrative or | 13824 |
| executive director, or attorney required by division (A) of this | 13825 |
| section to request a criminal records check shall inform each | 13826 |
| person who is the applicant, at the time of the person's initial | 13827 |
| application for appointment or employment, an adoption to be | 13828 |
| arranged, | 13829 |
| subsidy program, that the person subject to the criminal records | 13830 |
| check is required to provide a set of impressions of the person's | 13831 |
| fingerprints and that a criminal records check is required to be | 13832 |
| conducted and satisfactorily completed in accordance with section | 13833 |
| 109.572 of the Revised Code. | 13834 |
| (H) The department of job and family services may waive the | 13835 |
| requirement that a criminal records check based on fingerprints be | 13836 |
| conducted for an adult resident of a prospective adoptive or | 13837 |
| foster home or the home of a foster caregiver if the recommending | 13838 |
| agency documents to the department's satisfaction that the adult | 13839 |
| resident is physically unable to comply with the fingerprinting | 13840 |
| requirement and poses no danger to foster children or adoptive | 13841 |
| children who may be placed in the home. In such cases, the | 13842 |
| recommending or approving agency shall request that the bureau of | 13843 |
| criminal identification and investigation conduct a criminal | 13844 |
| records check using the person's name and social security number. | 13845 |
| (I) As used in this section: | 13846 |
| (1) "Children's hospital" means any of the following: | 13847 |
| (a) A hospital registered under section 3701.07 of the | 13848 |
| Revised Code that provides general pediatric medical and surgical | 13849 |
| care, and in which at least seventy-five per cent of annual | 13850 |
| inpatient discharges for the preceding two calendar years were | 13851 |
| individuals less than eighteen years of age; | 13852 |
| (b) A distinct portion of a hospital registered under section | 13853 |
| 3701.07 of the Revised Code that provides general pediatric | 13854 |
| medical and surgical care, has a total of at least one hundred | 13855 |
| fifty registered pediatric special care and pediatric acute care | 13856 |
| beds, and in which at least seventy-five per cent of annual | 13857 |
| inpatient discharges for the preceding two calendar years were | 13858 |
| individuals less than eighteen years of age; | 13859 |
| (c) A distinct portion of a hospital, if the hospital is | 13860 |
| registered under section 3701.07 of the Revised Code as a | 13861 |
| children's hospital and the children's hospital meets all the | 13862 |
| requirements of division (I)(3)(a) of this section. | 13863 |
| (2) "Criminal records check" has the same meaning as in | 13864 |
| section 109.572 of the Revised Code. | 13865 |
| (3) "Minor drug possession offense" has the same meaning as | 13866 |
| in section 2925.01 of the Revised Code. | 13867 |
| (4) "Kinship caregiver subsidy program" means the program | 13868 |
| created under section 5101.802 of the Revised Code. | 13869 |
| (5) "Person responsible for a child's care in out-of-home | 13870 |
| care" has the same meaning as in section 2151.011 of the Revised | 13871 |
| Code, except that it does not include a prospective employee of | 13872 |
| the department of youth services or a person responsible for a | 13873 |
| child's care in a hospital or medical clinic other than a | 13874 |
| children's hospital. | 13875 |
| | 13876 |
| following: | 13877 |
| (a) A person who is under final consideration for appointment | 13878 |
| or employment as a person responsible for a child's care in | 13879 |
| out-of-home care; | 13880 |
| (b) A prospective adoptive parent; | 13881 |
| (c) A prospective foster caregiver; | 13882 |
| (d) A kinship caregiver who applies for the kinship caregiver | 13883 |
| subsidy program; | 13884 |
| (e) A person eighteen years old or older who resides with a | 13885 |
|
prospective foster
caregiver | 13886 |
| an applicant for the kinship caregiver subsidy program. | 13887 |
| | 13888 |
| agency, private child placing agency, or private noncustodial | 13889 |
| agency to which the department of job and family services has | 13890 |
| delegated a duty to inspect and approve foster homes. | 13891 |
| | 13892 |
| the bureau of criminal identification and investigation. | 13893 |
| Sec. 2152.43. (A) A board of county commissioners that | 13894 |
| provides a detention facility and the board of trustees of a | 13895 |
| district detention facility may apply to the department of youth | 13896 |
| services under section 5139.281 of the Revised Code for assistance | 13897 |
| in defraying the cost of operating and maintaining the facility. | 13898 |
| The application shall be made on forms prescribed and furnished by | 13899 |
| the department. | 13900 |
| The board of county commissioners of each county that | 13901 |
| participates in a district detention facility may apply to the | 13902 |
| department of youth services for assistance in defraying the | 13903 |
| county's share of the cost of acquisition or construction of the | 13904 |
| facility, as provided in section 5139.271 of the Revised Code. | 13905 |
| Application shall be made in accordance with rules adopted by the | 13906 |
| department. No county shall be reimbursed for expenses incurred in | 13907 |
| the acquisition or construction of a district detention facility | 13908 |
| that serves a district having a population of less than one | 13909 |
| hundred thousand. | 13910 |
| (B)(1) The joint boards of county commissioners of district | 13911 |
| detention facilities shall defray all necessary expenses of the | 13912 |
| facility not paid from funds made available under section 5139.281 | 13913 |
| of the Revised Code, through annual assessments of taxes, through | 13914 |
| gifts, or through other means. | 13915 |
| If any county withdraws from a district under division (D) of | 13916 |
| section 2152.41 of the Revised Code, it shall continue to have | 13917 |
| levied against its tax duplicate any tax levied by the district | 13918 |
| during the period in which the county was a member of the district | 13919 |
| for current operating expenses, permanent improvements, or the | 13920 |
| retirement of bonded indebtedness. The levy shall continue to be a | 13921 |
| levy against the tax duplicate of the county until the time that | 13922 |
| it expires or is renewed. | 13923 |
| (2) The current expenses of maintaining the facility not paid | 13924 |
| from funds made available under section 5139.281 of the Revised | 13925 |
| Code or division (C) of this section, and the cost of ordinary | 13926 |
| repairs to the facility, shall be paid by each county in | 13927 |
| accordance with one of the following methods as approved by the | 13928 |
| joint board of county commissioners: | 13929 |
| (a) In proportion to the number of children from that county | 13930 |
| who are maintained in the facility during the year; | 13931 |
| (b) By a levy submitted by the joint board of county | 13932 |
| commissioners under division (A) of section 5705.19 of the Revised | 13933 |
| Code and approved by the electors of the district; | 13934 |
| (c) In proportion to the taxable property of each county, as | 13935 |
| shown by its tax duplicate; | 13936 |
| (d) In any | 13937 |
| 13938 | |
| agreed upon by unanimous vote of the joint board of county | 13939 |
| commissioners. | 13940 |
| (C) When any person donates or bequeaths any real or personal | 13941 |
| property to a county or district detention facility, the juvenile | 13942 |
| court or the trustees of the facility may accept and use the gift, | 13943 |
| consistent with the best interest of the institution and the | 13944 |
| conditions of the gift. | 13945 |
| Sec. 2152.74. (A) As used in this section, "DNA analysis" | 13946 |
| and "DNA specimen" have the same meanings as in section 109.573 of | 13947 |
| the Revised Code. | 13948 |
| (B)(1) A child who is adjudicated a delinquent child for | 13949 |
| committing an act listed in division (D) of this section and who | 13950 |
| is committed to the custody of the department of youth services, | 13951 |
| placed in a detention facility or district detention facility | 13952 |
| pursuant to division (A)(3) of section 2152.19 of the Revised | 13953 |
| Code, or placed in a school, camp, institution, or other facility | 13954 |
| for delinquent children described in division (A)(2) of section | 13955 |
| 2152.19 of the Revised Code shall submit to a DNA specimen | 13956 |
| collection procedure administered by the director of youth | 13957 |
| services if committed to the department or by the chief | 13958 |
| administrative officer of the detention facility, district | 13959 |
| detention facility, school, camp, institution, or other facility | 13960 |
| for delinquent children to which the child was committed or in | 13961 |
| which the child was placed. If the court commits the child to the | 13962 |
| department of youth services, the director of youth services shall | 13963 |
| cause the DNA specimen to be collected from the child during the | 13964 |
| intake process at an institution operated by or under the control | 13965 |
| of the department. If the court commits the child to or places the | 13966 |
| child in a detention facility, district detention facility, | 13967 |
| school, camp, institution, or other facility for delinquent | 13968 |
| children, the chief administrative officer of the detention | 13969 |
| facility, district detention facility, school, camp, institution, | 13970 |
| or facility to which the child is committed or in which the child | 13971 |
| is placed shall cause the DNA specimen to be collected from the | 13972 |
| child during the intake process for the detention facility, | 13973 |
| district detention facility, school, camp, institution, or | 13974 |
| facility. In accordance with division (C) of this section, the | 13975 |
| director or the chief administrative officer shall cause the DNA | 13976 |
| specimen to be forwarded to the bureau of criminal identification | 13977 |
| and investigation no later than fifteen days after the date of the | 13978 |
| collection of the DNA specimen. The DNA specimen shall be | 13979 |
| collected from the child in accordance with division (C) of this | 13980 |
| section. | 13981 |
| (2) If a child is adjudicated a delinquent child for | 13982 |
| committing an act listed in division (D) of this section, is | 13983 |
| committed to or placed in the department of youth services, a | 13984 |
| detention facility or district detention facility, or a school, | 13985 |
| camp, institution, or other facility for delinquent children, and | 13986 |
| does not submit to a DNA specimen collection procedure pursuant to | 13987 |
| division (B)(1) of this section, prior to the child's release from | 13988 |
| the custody of the department of youth services, from the custody | 13989 |
| of the detention facility or district detention facility, or from | 13990 |
| the custody of the school, camp, institution, or facility, the | 13991 |
| child shall submit to, and the director of youth services or the | 13992 |
| chief administrator of the detention facility, district detention | 13993 |
| facility, school, camp, institution, or facility to which the | 13994 |
| child is committed or in which the child was placed shall | 13995 |
| administer, a DNA specimen collection procedure at the institution | 13996 |
| operated by or under the control of the department of youth | 13997 |
| services or at the detention facility, district detention | 13998 |
| facility, school, camp, institution, or facility to which the | 13999 |
| child is committed or in which the child was placed. In accordance | 14000 |
| with division (C) of this section, the director or the chief | 14001 |
| administrative officer shall cause the DNA specimen to be | 14002 |
| forwarded to the bureau of criminal identification and | 14003 |
| investigation no later than fifteen days after the date of the | 14004 |
| collection of the DNA specimen. The DNA specimen shall be | 14005 |
| collected in accordance with division (C) of this section. | 14006 |
| (C) If the DNA specimen is collected by withdrawing blood | 14007 |
| from the child or a similarly invasive procedure, a physician, | 14008 |
| registered nurse, licensed practical nurse, duly licensed clinical | 14009 |
| laboratory technician, or other qualified medical practitioner | 14010 |
| shall collect in a medically approved manner the DNA specimen | 14011 |
| required to be collected pursuant to division (B) of this section. | 14012 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 14013 |
| similarly noninvasive procedure, this section does not require | 14014 |
| that the DNA specimen be collected by a qualified medical | 14015 |
| practitioner of that nature. No later than fifteen days after the | 14016 |
| date of the collection of the DNA specimen, the director of youth | 14017 |
| services or the chief administrative officer of the detention | 14018 |
| facility, district detention facility, school, camp, institution, | 14019 |
| or other facility for delinquent children to which the child is | 14020 |
| committed or in which the child was placed shall cause the DNA | 14021 |
| specimen to be forwarded to the bureau of criminal identification | 14022 |
| and investigation in accordance with procedures established by the | 14023 |
| superintendent of the bureau under division (H) of section 109.573 | 14024 |
| of the Revised Code. The bureau shall provide the specimen vials, | 14025 |
| mailing tubes, labels, postage, and instruction needed for the | 14026 |
| collection and forwarding of the DNA specimen to the bureau. | 14027 |
| (D) The director of youth services and the chief | 14028 |
| administrative officer of a detention facility, district detention | 14029 |
| facility, school, camp, institution, or other facility for | 14030 |
| delinquent children shall cause a DNA specimen to be collected in | 14031 |
| accordance with divisions (B) and (C) of this section from each | 14032 |
| child in its custody who is adjudicated a delinquent child for | 14033 |
| committing any of the following acts: | 14034 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 14035 |
| 2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or | 14036 |
| 2911.12 of the Revised Code; | 14037 |
| (2) A violation of section 2907.12 of the Revised Code as it | 14038 |
| existed prior to September 3, 1996; | 14039 |
| (3) An attempt to commit a violation of section 2903.01, | 14040 |
| 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to | 14041 |
| commit a violation of section 2907.12 of the Revised Code as it | 14042 |
| existed prior to September 3, 1996; | 14043 |
| (4) A violation of any law that arose out of the same facts | 14044 |
| and circumstances and same act as did a charge against the child | 14045 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 14046 |
| 2907.03, 2907.05, or 2911.11 of the Revised Code that previously | 14047 |
| was dismissed or amended or as did a charge against the child of a | 14048 |
| violation of section 2907.12 of the Revised Code as it existed | 14049 |
| prior to September 3, 1996, that previously was dismissed or | 14050 |
| amended; | 14051 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 14052 |
| Code that would have been a violation of section 2905.04 of the | 14053 |
| Revised Code as it existed prior to July 1, 1996, had the | 14054 |
| violation been committed prior to that date; | 14055 |
| (6) A felony violation of any law that arose out of the same | 14056 |
| facts and circumstances and same act as did a charge against the | 14057 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 14058 |
| 2911.12 of the Revised Code that previously was dismissed or | 14059 |
| amended; | 14060 |
| (7) A violation of section 2923.01 of the Revised Code | 14061 |
| involving a conspiracy to commit a violation of section 2903.01, | 14062 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 14063 |
| Revised Code; | 14064 |
| (8) A violation of section 2923.03 of the Revised Code | 14065 |
| involving complicity in committing a violation of section 2903.01, | 14066 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 14067 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 14068 |
| violation of section 2907.12 of the Revised Code as it existed | 14069 |
| prior to September 3, 1996. | 14070 |
| (E) The director of youth services and the chief | 14071 |
| administrative officer of a detention facility, district detention | 14072 |
| facility, school, camp, institution, or other facility for | 14073 |
| delinquent children is not required to comply with this section in | 14074 |
| relation to the following acts until the superintendent of the | 14075 |
| bureau of criminal identification and investigation gives agencies | 14076 |
|
in the
juvenile
justice system, as
defined in section | 14077 |
| 5502.61 of the Revised Code, in the state official notification | 14078 |
| that the state DNA laboratory is prepared to accept DNA specimens | 14079 |
| of that nature: | 14080 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 14081 |
| 2911.12 of the Revised Code; | 14082 |
| (2) An attempt to commit a violation of section 2903.01 or | 14083 |
| 2903.02 of the Revised Code; | 14084 |
| (3) A felony violation of any law that arose out of the same | 14085 |
| facts and circumstances and same act as did a charge against the | 14086 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 14087 |
| 2911.12 of the Revised Code that previously was dismissed or | 14088 |
| amended; | 14089 |
| (4) A violation of section 2923.01 of the Revised Code | 14090 |
| involving a conspiracy to commit a violation of section 2903.01, | 14091 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 14092 |
| Revised Code; | 14093 |
| (5) A violation of section 2923.03 of the Revised Code | 14094 |
| involving complicity in committing a violation of section 2903.01, | 14095 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 14096 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 14097 |
| violation of section 2907.12 of the Revised Code as it existed | 14098 |
| prior to September 3, 1996. | 14099 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 14100 |
| county may determine that for the efficient operation of the court | 14101 |
| additional funds are required to computerize the court, to make | 14102 |
| available computerized legal research services, or to do both. | 14103 |
| Upon making a determination that additional funds are required for | 14104 |
| either or both of those purposes, the court shall authorize and | 14105 |
| direct the clerk of the court of common pleas to charge one | 14106 |
| additional fee, not to exceed three dollars, on the filing of each | 14107 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 14108 |
| section 2303.20 of the Revised Code. | 14109 |
| (2) All fees collected under division (A)(1) of this section | 14110 |
| shall be paid to the county treasurer. The treasurer shall place | 14111 |
| the funds from the fees in a separate fund to be disbursed, upon | 14112 |
| an order of the court, in an amount not greater than the actual | 14113 |
| cost to the court of procuring and maintaining computerization of | 14114 |
| the court, computerized legal research services, or both. | 14115 |
| (3) If the court determines that the funds in the fund | 14116 |
| described in division (A)(2) of this section are more than | 14117 |
| sufficient to satisfy the purpose for which the additional fee | 14118 |
| described in division (A)(1) of this section was imposed, the | 14119 |
| court may declare a surplus in the fund and expend those surplus | 14120 |
| funds for other appropriate technological expenses of the court. | 14121 |
| (B)(1) The court of common pleas of any county may determine | 14122 |
| that, for the efficient operation of the court, additional funds | 14123 |
| are required to computerize the office of the clerk of the court | 14124 |
| of common pleas and, upon that determination, authorize and direct | 14125 |
| the clerk of the court of common pleas to charge an additional | 14126 |
| fee, not to exceed ten dollars, on the filing of each cause of | 14127 |
| action or appeal, on the filing, docketing, and endorsing of each | 14128 |
| certificate of judgment, or on the docketing and indexing of each | 14129 |
| aid in execution or petition to vacate, revive, or modify a | 14130 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 14131 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 14132 |
| section, all moneys collected under division (B)(1) of this | 14133 |
| section shall be paid to the county treasurer to be disbursed, | 14134 |
| upon an order of the court of common pleas and subject to | 14135 |
| appropriation by the board of county commissioners, in an amount | 14136 |
| no greater than the actual cost to the court of procuring and | 14137 |
| maintaining computer systems for the office of the clerk of the | 14138 |
| court of common pleas. | 14139 |
| (2) If the court of common pleas of a county makes the | 14140 |
| determination described in division (B)(1) of this section, the | 14141 |
| board of county commissioners of that county may issue one or more | 14142 |
| general obligation bonds for the purpose of procuring and | 14143 |
| maintaining the computer systems for the office of the clerk of | 14144 |
| the court of common pleas. In addition to the purposes stated in | 14145 |
| division (B)(1) of this section for which the moneys collected | 14146 |
| under that division may be expended, the moneys additionally may | 14147 |
| be expended to pay debt charges on and financing costs related to | 14148 |
| any general obligation bonds issued pursuant to division (B)(2) of | 14149 |
| this section as they become due. General obligation bonds issued | 14150 |
| pursuant to division (B)(2) of this section are Chapter 133. | 14151 |
| securities. | 14152 |
| (C) The court of common pleas shall collect the sum of | 14153 |
| 14154 | |
| civil action or proceeding for the charitable public purpose of | 14155 |
| providing financial assistance to legal aid societies that operate | 14156 |
| within the state. This division does not apply to proceedings | 14157 |
| concerning annulments, dissolutions of marriage, divorces, legal | 14158 |
| separation, spousal support, marital property or separate property | 14159 |
| distribution, support, or other domestic relations matters; to a | 14160 |
| juvenile division of a court of common pleas; to a probate | 14161 |
| division of a court of common pleas, except that the additional | 14162 |
|
filing fees
shall apply to name change, guardianship, | 14163 |
| adoption, and decedents' estate proceedings; or to an execution on | 14164 |
| a judgment, proceeding in aid of execution, or other post-judgment | 14165 |
| proceeding arising out of a civil action. The filing fees required | 14166 |
| to be collected under this division shall be in addition to any | 14167 |
| other filing fees imposed in the action or proceeding and shall be | 14168 |
| collected at the time of the filing of the action or proceeding. | 14169 |
| The court shall not waive the payment of the additional filing | 14170 |
| fees in a new civil action or proceeding unless the court waives | 14171 |
| the advanced payment of all filing fees in the action or | 14172 |
| proceeding. All such moneys collected during a month shall be | 14173 |
| transmitted on or before the twentieth day of the following month | 14174 |
| by the clerk of the court to the treasurer of state in a manner | 14175 |
| prescribed by the treasurer of state or by the Ohio legal | 14176 |
| assistance foundation. The moneys then shall be deposited by the | 14177 |
| treasurer of state to the credit of the legal aid fund established | 14178 |
| under section 120.52 of the Revised Code. | 14179 |
| The court may retain up to one per cent of the moneys it | 14180 |
| collects under this division to cover administrative costs, | 14181 |
| including the hiring of any additional personnel necessary to | 14182 |
| implement this division. | 14183 |
| (D) On and after the thirtieth day after December 9, 1994, | 14184 |
| the court of common pleas shall collect the sum of thirty-two | 14185 |
| dollars as additional filing fees in each new action or proceeding | 14186 |
| for annulment, divorce, or dissolution of marriage for the purpose | 14187 |
| of funding shelters for victims of domestic violence pursuant to | 14188 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 14189 |
| required to be collected under this division shall be in addition | 14190 |
| to any other filing fees imposed in the action or proceeding and | 14191 |
| shall be collected at the time of the filing of the action or | 14192 |
| proceeding. The court shall not waive the payment of the | 14193 |
| additional filing fees in a new action or proceeding for | 14194 |
| annulment, divorce, or dissolution of marriage unless the court | 14195 |
| waives the advanced payment of all filing fees in the action or | 14196 |
| proceeding. On or before the twentieth day of each month, all | 14197 |
| moneys collected during the immediately preceding month pursuant | 14198 |
| to this division shall be deposited by the clerk of the court into | 14199 |
| the county treasury in the special fund used for deposit of | 14200 |
| additional marriage license fees as described in section 3113.34 | 14201 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 14202 |
| shall be retained in the fund and expended only as described in | 14203 |
| section 3113.34 of the Revised Code. | 14204 |
| (E)(1) The court of common pleas may determine that, for the | 14205 |
| efficient operation of the court, additional funds are necessary | 14206 |
| to acquire and pay for special projects of the court, including, | 14207 |
| but not limited to, the acquisition of additional facilities or | 14208 |
| the rehabilitation of existing facilities, the acquisition of | 14209 |
| equipment, the hiring and training of staff, community service | 14210 |
| programs, mediation or dispute resolution services, the employment | 14211 |
| of magistrates, the training and education of judges, acting | 14212 |
| judges, and magistrates, and other related services. Upon that | 14213 |
| determination, the court by rule may charge a fee, in addition to | 14214 |
| all other court costs, on the filing of each criminal cause, civil | 14215 |
| action or proceeding, or judgment by confession. | 14216 |
| If the court of common pleas offers a special program or | 14217 |
| service in cases of a specific type, the court by rule may assess | 14218 |
| an additional charge in a case of that type, over and above court | 14219 |
| costs, to cover the special program or service. The court shall | 14220 |
| adjust the special assessment periodically, but not retroactively, | 14221 |
| so that the amount assessed in those cases does not exceed the | 14222 |
| actual cost of providing the service or program. | 14223 |
| All moneys collected under division (E) of this section shall | 14224 |
| be paid to the county treasurer for deposit into either a general | 14225 |
| special projects fund or a fund established for a specific special | 14226 |
| project. Moneys from a fund of that nature shall be disbursed upon | 14227 |
| an order of the court in an amount no greater than the actual cost | 14228 |
| to the court of a project. If a specific fund is terminated | 14229 |
| because of the discontinuance of a program or service established | 14230 |
| under division (E) of this section, the court may order that | 14231 |
| moneys remaining in the fund be transferred to an account | 14232 |
| established under this division for a similar purpose. | 14233 |
| (2) As used in division (E) of this section: | 14234 |
| (a) "Criminal cause" means a charge alleging the violation of | 14235 |
| a statute or ordinance, or subsection of a statute or ordinance, | 14236 |
| that requires a separate finding of fact or a separate plea before | 14237 |
| disposition and of which the defendant may be found guilty, | 14238 |
| whether filed as part of a multiple charge on a single summons, | 14239 |
| citation, or complaint or as a separate charge on a single | 14240 |
| summons, citation, or complaint. "Criminal cause" does not include | 14241 |
| separate violations of the same statute or ordinance, or | 14242 |
| subsection of the same statute or ordinance, unless each charge is | 14243 |
| filed on a separate summons, citation, or complaint. | 14244 |
| (b) "Civil action or proceeding" means any civil litigation | 14245 |
| that must be determined by judgment entry. | 14246 |
| Sec. 2305.234. (A) As used in this section: | 14247 |
| (1) "Chiropractic claim," "medical claim," and "optometric | 14248 |
| claim" have the same meanings as in section 2305.113 of the | 14249 |
| Revised Code. | 14250 |
| (2) "Dental claim" has the same meaning as in section | 14251 |
| 2305.113 of the Revised Code, except that it does not include any | 14252 |
| claim arising out of a dental operation or any derivative claim | 14253 |
| for relief that arises out of a dental operation. | 14254 |
| (3) "Governmental health care program" has the same meaning | 14255 |
| as in section 4731.65 of the Revised Code. | 14256 |
| (4) "Health care facility or location" means a hospital, | 14257 |
| clinic, ambulatory surgical facility, office of a health care | 14258 |
| professional or associated group of health care professionals, | 14259 |
| training institution for health care professionals, or any other | 14260 |
| place where medical, dental, or other health-related diagnosis, | 14261 |
| care, or treatment is provided to a person. | 14262 |
| (5) "Health care professional" means any of the following who | 14263 |
| provide medical, dental, or other health-related diagnosis, care, | 14264 |
| or treatment: | 14265 |
| (a) Physicians authorized under Chapter 4731. of the Revised | 14266 |
| Code to practice medicine and surgery or osteopathic medicine and | 14267 |
| surgery; | 14268 |
| (b) Registered nurses and licensed practical nurses licensed | 14269 |
| under Chapter 4723. of the Revised Code and individuals who hold a | 14270 |
| certificate of authority issued under that chapter that authorizes | 14271 |
| the practice of nursing as a certified registered nurse | 14272 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 14273 |
| or certified nurse practitioner; | 14274 |
| (c) Physician assistants authorized to practice under Chapter | 14275 |
| 4730. of the Revised Code; | 14276 |
| (d) Dentists and dental hygienists licensed under Chapter | 14277 |
| 4715. of the Revised Code; | 14278 |
| (e) Physical therapists, physical therapist assistants, | 14279 |
| occupational therapists, and occupational therapy assistants | 14280 |
| licensed under Chapter 4755. of the Revised Code; | 14281 |
| (f) Chiropractors licensed under Chapter 4734. of the Revised | 14282 |
| Code; | 14283 |
| (g) Optometrists licensed under Chapter 4725. of the Revised | 14284 |
| Code; | 14285 |
| (h) Podiatrists authorized under Chapter 4731. of the Revised | 14286 |
| Code to practice podiatry; | 14287 |
| (i) Dietitians licensed under Chapter 4759. of the Revised | 14288 |
| Code; | 14289 |
| (j) Pharmacists licensed under Chapter 4729. of the Revised | 14290 |
| Code; | 14291 |
| (k) Emergency medical technicians-basic, emergency medical | 14292 |
| technicians-intermediate, and emergency medical | 14293 |
| technicians-paramedic, certified under Chapter 4765. of the | 14294 |
| Revised Code; | 14295 |
| (l) Respiratory care professionals licensed under Chapter | 14296 |
| 4761. of the Revised Code; | 14297 |
| (m) Speech-language pathologists and audiologists licensed | 14298 |
| under Chapter 4753. of the Revised Code. | 14299 |
| (6) "Health care worker" means a person other than a health | 14300 |
| care professional who provides medical, dental, or other | 14301 |
| health-related care or treatment under the direction of a health | 14302 |
| care professional with the authority to direct that individual's | 14303 |
| activities, including medical technicians, medical assistants, | 14304 |
| dental assistants, orderlies, aides, and individuals acting in | 14305 |
| similar capacities. | 14306 |
| (7) "Indigent and uninsured person" means a person who meets | 14307 |
| all of the following requirements: | 14308 |
| (a) The person's income is not greater than two hundred per | 14309 |
| cent of the current poverty line as defined by the United States | 14310 |
| office of management and budget and revised in accordance with | 14311 |
| section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 14312 |
| 95 Stat. 511, 42 U.S.C. 9902, as amended. | 14313 |
| (b) The person is not eligible to receive medical assistance | 14314 |
|
under Chapter
5111. | 14315 |
| 14316 | |
| governmental health care program. | 14317 |
| (c) Either of the following applies: | 14318 |
| (i) The person is not a policyholder, certificate holder, | 14319 |
| insured, contract holder, subscriber, enrollee, member, | 14320 |
| beneficiary, or other covered individual under a health insurance | 14321 |
| or health care policy, contract, or plan. | 14322 |
| (ii) The person is a policyholder, certificate holder, | 14323 |
| insured, contract holder, subscriber, enrollee, member, | 14324 |
| beneficiary, or other covered individual under a health insurance | 14325 |
| or health care policy, contract, or plan, but the insurer, policy, | 14326 |
| contract, or plan denies coverage or is the subject of insolvency | 14327 |
| or bankruptcy proceedings in any jurisdiction. | 14328 |
| (8) "Nonprofit health care referral organization" means an | 14329 |
| entity that is not operated for profit and refers patients to, or | 14330 |
| arranges for the provision of, health-related diagnosis, care, or | 14331 |
| treatment by a health care professional or health care worker. | 14332 |
| (9) "Operation" means any procedure that involves cutting or | 14333 |
| otherwise infiltrating human tissue by mechanical means, including | 14334 |
| surgery, laser surgery, ionizing radiation, therapeutic | 14335 |
| ultrasound, or the removal of intraocular foreign bodies. | 14336 |
| "Operation" does not include the administration of medication by | 14337 |
| injection, unless the injection is administered in conjunction | 14338 |
| with a procedure infiltrating human tissue by mechanical means | 14339 |
| other than the administration of medicine by injection. | 14340 |
| "Operation" does not include routine dental restorative | 14341 |
| procedures, the scaling of teeth, or extractions of teeth that are | 14342 |
| not impacted. | 14343 |
| (10) "Tort action" means a civil action for damages for | 14344 |
| injury, death, or loss to person or property other than a civil | 14345 |
| action for damages for a breach of contract or another agreement | 14346 |
| between persons or government entities. | 14347 |
| (11) "Volunteer" means an individual who provides any | 14348 |
| medical, dental, or other health-care related diagnosis, care, or | 14349 |
| treatment without the expectation of receiving and without receipt | 14350 |
| of any compensation or other form of remuneration from an indigent | 14351 |
| and uninsured person, another person on behalf of an indigent and | 14352 |
| uninsured person, any health care facility or location, any | 14353 |
| nonprofit health care referral organization, or any other person | 14354 |
| or government entity. | 14355 |
| (12) "Community control sanction" has the same meaning as in | 14356 |
| section 2929.01 of the Revised Code. | 14357 |
| (13) "Deep sedation" means a drug-induced depression of | 14358 |
| consciousness during which a patient cannot be easily aroused but | 14359 |
| responds purposefully following repeated or painful stimulation, a | 14360 |
| patient's ability to independently maintain ventilatory function | 14361 |
| may be impaired, a patient may require assistance in maintaining a | 14362 |
| patent airway and spontaneous ventilation may be inadequate, and | 14363 |
| cardiovascular function is usually maintained. | 14364 |
| (14) "General anesthesia" means a drug-induced loss of | 14365 |
| consciousness during which a patient is not arousable, even by | 14366 |
| painful stimulation, the ability to independently maintain | 14367 |
| ventilatory function is often impaired, a patient often requires | 14368 |
| assistance in maintaining a patent airway, positive pressure | 14369 |
| ventilation may be required because of depressed spontaneous | 14370 |
| ventilation or drug-induced depression of neuromuscular function, | 14371 |
| and cardiovascular function may be impaired. | 14372 |
| (B)(1) Subject to divisions (F) and (G)(3) of this section, a | 14373 |
| health care professional who is a volunteer and complies with | 14374 |
| division (B)(2) of this section is not liable in damages to any | 14375 |
| person or government entity in a tort or other civil action, | 14376 |
| including an action on a medical, dental, chiropractic, | 14377 |
| optometric, or other health-related claim, for injury, death, or | 14378 |
| loss to person or property that allegedly arises from an action or | 14379 |
| omission of the volunteer in the provision to an indigent and | 14380 |
| uninsured person of medical, dental, or other health-related | 14381 |
| diagnosis, care, or treatment, including the provision of samples | 14382 |
| of medicine and other medical products, unless the action or | 14383 |
| omission constitutes willful or wanton misconduct. | 14384 |
| (2) To qualify for the immunity described in division (B)(1) | 14385 |
| of this section, a health care professional shall do all of the | 14386 |
| following prior to providing diagnosis, care, or treatment: | 14387 |
| (a) Determine, in good faith, that the indigent and uninsured | 14388 |
| person is mentally capable of giving informed consent to the | 14389 |
| provision of the diagnosis, care, or treatment and is not subject | 14390 |
| to duress or under undue influence; | 14391 |
| (b) Inform the person of the provisions of this section, | 14392 |
| including notifying the person that, by giving informed consent to | 14393 |
| the provision of the diagnosis, care, or treatment, the person | 14394 |
| cannot hold the health care professional liable for damages in a | 14395 |
| tort or other civil action, including an action on a medical, | 14396 |
| dental, chiropractic, optometric, or other health-related claim, | 14397 |
| unless the action or omission of the health care professional | 14398 |
| constitutes willful or wanton misconduct; | 14399 |
| (c) Obtain the informed consent of the person and a written | 14400 |
| waiver, signed by the person or by another individual on behalf of | 14401 |
| and in the presence of the person, that states that the person is | 14402 |
| mentally competent to give informed consent and, without being | 14403 |
| subject to duress or under undue influence, gives informed consent | 14404 |
| to the provision of the diagnosis, care, or treatment subject to | 14405 |
| the provisions of this section. A written waiver under division | 14406 |
| (B)(2)(c) of this section shall state clearly and in conspicuous | 14407 |
| type that the person or other individual who signs the waiver is | 14408 |
| signing it with full knowledge that, by giving informed consent to | 14409 |
| the provision of the diagnosis, care, or treatment, the person | 14410 |
| cannot bring a tort or other civil action, including an action on | 14411 |
| a medical, dental, chiropractic, optometric, or other | 14412 |
| health-related claim, against the health care professional unless | 14413 |
| the action or omission of the health care professional constitutes | 14414 |
| willful or wanton misconduct. | 14415 |
| (3) A physician or podiatrist who is not covered by medical | 14416 |
| malpractice insurance, but complies with division (B)(2) of this | 14417 |
| section, is not required to comply with division (A) of section | 14418 |
| 4731.143 of the Revised Code. | 14419 |
| (C) Subject to divisions (F) and (G)(3) of this section, | 14420 |
| health care workers who are volunteers are not liable in damages | 14421 |
| to any person or government entity in a tort or other civil | 14422 |
| action, including an action upon a medical, dental, chiropractic, | 14423 |
| optometric, or other health-related claim, for injury, death, or | 14424 |
| loss to person or property that allegedly arises from an action or | 14425 |
| omission of the health care worker in the provision to an indigent | 14426 |
| and uninsured person of medical, dental, or other health-related | 14427 |
| diagnosis, care, or treatment, unless the action or omission | 14428 |
| constitutes willful or wanton misconduct. | 14429 |
| (D) Subject to divisions (F) and (G)(3) of this section, a | 14430 |
| nonprofit health care referral organization is not liable in | 14431 |
| damages to any person or government entity in a tort or other | 14432 |
| civil action, including an action on a medical, dental, | 14433 |
| chiropractic, optometric, or other health-related claim, for | 14434 |
| injury, death, or loss to person or property that allegedly arises | 14435 |
| from an action or omission of the nonprofit health care referral | 14436 |
| organization in referring indigent and uninsured persons to, or | 14437 |
| arranging for the provision of, medical, dental, or other | 14438 |
| health-related diagnosis, care, or treatment by a health care | 14439 |
| professional described in division (B)(1) of this section or a | 14440 |
| health care worker described in division (C) of this section, | 14441 |
| unless the action or omission constitutes willful or wanton | 14442 |
| misconduct. | 14443 |
| (E) Subject to divisions (F) and (G)(3) of this section and | 14444 |
| to the extent that the registration requirements of section | 14445 |
| 3701.071 of the Revised Code apply, a health care facility or | 14446 |
| location associated with a health care professional described in | 14447 |
| division (B)(1) of this section, a health care worker described in | 14448 |
| division (C) of this section, or a nonprofit health care referral | 14449 |
| organization described in division (D) of this section is not | 14450 |
| liable in damages to any person or government entity in a tort or | 14451 |
| other civil action, including an action on a medical, dental, | 14452 |
| chiropractic, optometric, or other health-related claim, for | 14453 |
| injury, death, or loss to person or property that allegedly arises | 14454 |
| from an action or omission of the health care professional or | 14455 |
| worker or nonprofit health care referral organization relative to | 14456 |
| the medical, dental, or other health-related diagnosis, care, or | 14457 |
| treatment provided to an indigent and uninsured person on behalf | 14458 |
| of or at the health care facility or location, unless the action | 14459 |
| or omission constitutes willful or wanton misconduct. | 14460 |
| (F)(1) Except as provided in division (F)(2) of this section, | 14461 |
| the immunities provided by divisions (B), (C), (D), and (E) of | 14462 |
| this section are not available to a health care professional, | 14463 |
| health care worker, nonprofit health care referral organization, | 14464 |
| or health care facility or location if, at the time of an alleged | 14465 |
| injury, death, or loss to person or property, the health care | 14466 |
| professionals or health care workers involved are providing one of | 14467 |
| the following: | 14468 |
| (a) Any medical, dental, or other health-related diagnosis, | 14469 |
| care, or treatment pursuant to a community service work order | 14470 |
| entered by a court under division (B) of section 2951.02 of the | 14471 |
| Revised Code or imposed by a court as a community control | 14472 |
| sanction; | 14473 |
| (b) Performance of an operation to which any one of the | 14474 |
| following applies: | 14475 |
| (i) The operation requires the administration of deep | 14476 |
| sedation or general anesthesia. | 14477 |
| (ii) The operation is a procedure that is not typically | 14478 |
| performed in an office. | 14479 |
| (iii) The individual involved is a health care professional, | 14480 |
| and the operation is beyond the scope of practice or the | 14481 |
| education, training, and competence, as applicable, of the health | 14482 |
| care professional. | 14483 |
| (c) Delivery of a baby or any other purposeful termination of | 14484 |
| a human pregnancy. | 14485 |
| (2) Division (F)(1) of this section does not apply when a | 14486 |
| health care professional or health care worker provides medical, | 14487 |
| dental, or other health-related diagnosis, care, or treatment that | 14488 |
| is necessary to preserve the life of a person in a medical | 14489 |
| emergency. | 14490 |
| (G)(1) This section does not create a new cause of action or | 14491 |
| substantive legal right against a health care professional, health | 14492 |
| care worker, nonprofit health care referral organization, or | 14493 |
| health care facility or location. | 14494 |
| (2) This section does not affect any immunities from civil | 14495 |
| liability or defenses established by another section of the | 14496 |
| Revised Code or available at common law to which a health care | 14497 |
| professional, health care worker, nonprofit health care referral | 14498 |
| organization, or health care facility or location may be entitled | 14499 |
| in connection with the provision of emergency or other medical, | 14500 |
| dental, or other health-related diagnosis, care, or treatment. | 14501 |
| (3) This section does not grant an immunity from tort or | 14502 |
| other civil liability to a health care professional, health care | 14503 |
| worker, nonprofit health care referral organization, or health | 14504 |
| care facility or location for actions that are outside the scope | 14505 |
| of authority of health care professionals or health care workers. | 14506 |
| (4) This section does not affect any legal responsibility of | 14507 |
| a health care professional, health care worker, or nonprofit | 14508 |
| health care referral organization to comply with any applicable | 14509 |
| law of this state or rule of an agency of this state. | 14510 |
| (5) This section does not affect any legal responsibility of | 14511 |
| a health care facility or location to comply with any applicable | 14512 |
| law of this state, rule of an agency of this state, or local code, | 14513 |
| ordinance, or regulation that pertains to or regulates building, | 14514 |
| housing, air pollution, water pollution, sanitation, health, fire, | 14515 |
| zoning, or safety. | 14516 |
| Sec. 2329.66. (A) Every person who is domiciled in this | 14517 |
| state may hold property exempt from execution, garnishment, | 14518 |
| attachment, or sale to satisfy a judgment or order, as follows: | 14519 |
| (1)(a) In the case of a judgment or order regarding money | 14520 |
| owed for health care services rendered or health care supplies | 14521 |
| provided to the person or a dependent of the person, one parcel or | 14522 |
| item of real or personal property that the person or a dependent | 14523 |
| of the person uses as a residence. Division (A)(1)(a) of this | 14524 |
| section does not preclude, affect, or invalidate the creation | 14525 |
| under this chapter of a judgment lien upon the exempted property | 14526 |
| but only delays the enforcement of the lien until the property is | 14527 |
| sold or otherwise transferred by the owner or in accordance with | 14528 |
| other applicable laws to a person or entity other than the | 14529 |
| surviving spouse or surviving minor children of the judgment | 14530 |
| debtor. Every person who is domiciled in this state may hold | 14531 |
| exempt from a judgment lien created pursuant to division (A)(1)(a) | 14532 |
| of this section the person's interest, not to exceed five thousand | 14533 |
| dollars, in the exempted property. | 14534 |
| (b) In the case of all other judgments and orders, the | 14535 |
| person's interest, not to exceed five thousand dollars, in one | 14536 |
| parcel or item of real or personal property that the person or a | 14537 |
| dependent of the person uses as a residence. | 14538 |
| (2) The person's interest, not to exceed one thousand | 14539 |
| dollars, in one motor vehicle; | 14540 |
| (3) The person's interest, not to exceed two hundred dollars | 14541 |
| in any particular item, in wearing apparel, beds, and bedding, and | 14542 |
| the person's interest, not to exceed three hundred dollars in each | 14543 |
| item, in one cooking unit and one refrigerator or other food | 14544 |
| preservation unit; | 14545 |
| (4)(a) The person's interest, not to exceed four hundred | 14546 |
| dollars, in cash on hand, money due and payable, money to become | 14547 |
| due within ninety days, tax refunds, and money on deposit with a | 14548 |
| bank, savings and loan association, credit union, public utility, | 14549 |
| landlord, or other person. Division (A)(4)(a) of this section | 14550 |
| applies only in bankruptcy proceedings. This exemption may include | 14551 |
| the portion of personal earnings that is not exempt under division | 14552 |
| (A)(13) of this section. | 14553 |
| (b) Subject to division (A)(4)(d) of this section, the | 14554 |
| person's interest, not to exceed two hundred dollars in any | 14555 |
| particular item, in household furnishings, household goods, | 14556 |
| appliances, books, animals, crops, musical instruments, firearms, | 14557 |
| and hunting and fishing equipment, that are held primarily for the | 14558 |
| personal, family, or household use of the person; | 14559 |
| (c) Subject to division (A)(4)(d) of this section, the | 14560 |
| person's interest in one or more items of jewelry, not to exceed | 14561 |
| four hundred dollars in one item of jewelry and not to exceed two | 14562 |
| hundred dollars in every other item of jewelry; | 14563 |
| (d) Divisions (A)(4)(b) and (c) of this section do not | 14564 |
| include items of personal property listed in division (A)(3) of | 14565 |
| this section. | 14566 |
| If the person does not claim an exemption under division | 14567 |
| (A)(1) of this section, the total exemption claimed under division | 14568 |
| (A)(4)(b) of this section shall be added to the total exemption | 14569 |
| claimed under division (A)(4)(c) of this section, and the total | 14570 |
| shall not exceed two thousand dollars. If the person claims an | 14571 |
| exemption under division (A)(1) of this section, the total | 14572 |
| exemption claimed under division (A)(4)(b) of this section shall | 14573 |
| be added to the total exemption claimed under division (A)(4)(c) | 14574 |
| of this section, and the total shall not exceed one thousand five | 14575 |
| hundred dollars. | 14576 |
| (5) The person's interest, not to exceed an aggregate of | 14577 |
| seven hundred fifty dollars, in all implements, professional | 14578 |
| books, or tools of the person's profession, trade, or business, | 14579 |
| including agriculture; | 14580 |
| (6)(a) The person's interest in a beneficiary fund set apart, | 14581 |
| appropriated, or paid by a benevolent association or society, as | 14582 |
| exempted by section 2329.63 of the Revised Code; | 14583 |
| (b) The person's interest in contracts of life or endowment | 14584 |
| insurance or annuities, as exempted by section 3911.10 of the | 14585 |
| Revised Code; | 14586 |
| (c) The person's interest in a policy of group insurance or | 14587 |
| the proceeds of a policy of group insurance, as exempted by | 14588 |
| section 3917.05 of the Revised Code; | 14589 |
| (d) The person's interest in money, benefits, charity, | 14590 |
| relief, or aid to be paid, provided, or rendered by a fraternal | 14591 |
| benefit society, as exempted by section 3921.18 of the Revised | 14592 |
| Code; | 14593 |
| (e) The person's interest in the portion of benefits under | 14594 |
| policies of sickness and accident insurance and in lump sum | 14595 |
| payments for dismemberment and other losses insured under those | 14596 |
| policies, as exempted by section 3923.19 of the Revised Code. | 14597 |
| (7) The person's professionally prescribed or medically | 14598 |
| necessary health aids; | 14599 |
| (8) The person's interest in a burial lot, including, but not | 14600 |
| limited to, exemptions under section 517.09 or 1721.07 of the | 14601 |
| Revised Code; | 14602 |
| (9) The person's interest in the following: | 14603 |
| (a) Moneys paid or payable for living maintenance or rights, | 14604 |
| as exempted by section 3304.19 of the Revised Code; | 14605 |
| (b) Workers' compensation, as exempted by section 4123.67 of | 14606 |
| the Revised Code; | 14607 |
| (c) Unemployment compensation benefits, as exempted by | 14608 |
| section 4141.32 of the Revised Code; | 14609 |
| (d) Cash assistance payments under the Ohio works first | 14610 |
| program, as exempted by section 5107.75 of the Revised Code; | 14611 |
| (e) Benefits and services under the prevention, retention, | 14612 |
| and contingency program, as exempted by section 5108.08 of the | 14613 |
| Revised Code; | 14614 |
| (f) Disability financial assistance payments, as exempted by | 14615 |
| section 5115.06 of the Revised Code. | 14616 |
| (10)(a) Except in cases in which the person was convicted of | 14617 |
| or pleaded guilty to a violation of section 2921.41 of the Revised | 14618 |
| Code and in which an order for the withholding of restitution from | 14619 |
| payments was issued under division (C)(2)(b) of that section or in | 14620 |
| cases in which an order for withholding was issued under section | 14621 |
| 2907.15 of the Revised Code, and only to the extent provided in | 14622 |
| the order, and except as provided in sections 3105.171, 3105.63, | 14623 |
| 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 14624 |
| Code, the person's right to a pension, benefit, annuity, | 14625 |
| retirement allowance, or accumulated contributions, the person's | 14626 |
| right to a participant account in any deferred compensation | 14627 |
| program offered by the Ohio public employees deferred compensation | 14628 |
| board, a government unit, or a municipal corporation, or the | 14629 |
| person's other accrued or accruing rights, as exempted by section | 14630 |
| 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 14631 |
| the Revised Code, and the person's right to benefits from the Ohio | 14632 |
| public safety officers death benefit fund; | 14633 |
| (b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 14634 |
| 3121.03, and 3123.06 of the Revised Code, the person's right to | 14635 |
| receive a payment under any pension, annuity, or similar plan or | 14636 |
| contract, not including a payment from a stock bonus or | 14637 |
| profit-sharing plan or a payment included in division (A)(6)(b) or | 14638 |
| (10)(a) of this section, on account of illness, disability, death, | 14639 |
| age, or length of service, to the extent reasonably necessary for | 14640 |
| the support of the person and any of the person's dependents, | 14641 |
| except if all the following apply: | 14642 |
| (i) The plan or contract was established by or under the | 14643 |
| auspices of an insider that employed the person at the time the | 14644 |
| person's rights under the plan or contract arose. | 14645 |
| (ii) The payment is on account of age or length of service. | 14646 |
| (iii) The plan or contract is not qualified under the | 14647 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 14648 |
| amended. | 14649 |
| (c) Except for any portion of the assets that were deposited | 14650 |
| for the purpose of evading the payment of any debt and except as | 14651 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 14652 |
| 3123.06 of the Revised Code, the person's right in the assets held | 14653 |
| in, or to receive any payment under, any individual retirement | 14654 |
| account, individual retirement annuity, "Roth IRA," or education | 14655 |
| individual retirement account that provides benefits by reason of | 14656 |
| illness, disability, death, or age, to the extent that the assets, | 14657 |
| payments, or benefits described in division (A)(10)(c) of this | 14658 |
| section are attributable to any of the following: | 14659 |
| (i) Contributions of the person that were less than or equal | 14660 |
| to the applicable limits on deductible contributions to an | 14661 |
| individual retirement account or individual retirement annuity in | 14662 |
| the year that the contributions were made, whether or not the | 14663 |
| person was eligible to deduct the contributions on the person's | 14664 |
| federal tax return for the year in which the contributions were | 14665 |
| made; | 14666 |
| (ii) Contributions of the person that were less than or equal | 14667 |
| to the applicable limits on contributions to a Roth IRA or | 14668 |
| education individual retirement account in the year that the | 14669 |
| contributions were made; | 14670 |
| (iii) Contributions of the person that are within the | 14671 |
| applicable limits on rollover contributions under subsections 219, | 14672 |
| 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 14673 |
| 408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 14674 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 14675 |
| (d) Except for any portion of the assets that were deposited | 14676 |
| for the purpose of evading the payment of any debt and except as | 14677 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 14678 |
| 3123.06 of the Revised Code, the person's right in the assets held | 14679 |
| in, or to receive any payment under, any Keogh or "H.R. 10" plan | 14680 |
| that provides benefits by reason of illness, disability, death, or | 14681 |
| age, to the extent reasonably necessary for the support of the | 14682 |
| person and any of the person's dependents. | 14683 |
| (11) The person's right to receive spousal support, child | 14684 |
| support, an allowance, or other maintenance to the extent | 14685 |
| reasonably necessary for the support of the person and any of the | 14686 |
| person's dependents; | 14687 |
| (12) The person's right to receive, or moneys received during | 14688 |
| the preceding twelve calendar months from, any of the following: | 14689 |
| (a) An award of reparations under sections 2743.51 to 2743.72 | 14690 |
| of the Revised Code, to the extent exempted by division (D) of | 14691 |
| section 2743.66 of the Revised Code; | 14692 |
| (b) A payment on account of the wrongful death of an | 14693 |
| individual of whom the person was a dependent on the date of the | 14694 |
| individual's death, to the extent reasonably necessary for the | 14695 |
| support of the person and any of the person's dependents; | 14696 |
| (c) Except in cases in which the person who receives the | 14697 |
| payment is an inmate, as defined in section 2969.21 of the Revised | 14698 |
| Code, and in which the payment resulted from a civil action or | 14699 |
| appeal against a government entity or employee, as defined in | 14700 |
| section 2969.21 of the Revised Code, a payment, not to exceed five | 14701 |
| thousand dollars, on account of personal bodily injury, not | 14702 |
| including pain and suffering or compensation for actual pecuniary | 14703 |
| loss, of the person or an individual for whom the person is a | 14704 |
| dependent; | 14705 |
| (d) A payment in compensation for loss of future earnings of | 14706 |
| the person or an individual of whom the person is or was a | 14707 |
| dependent, to the extent reasonably necessary for the support of | 14708 |
| the debtor and any of the debtor's dependents. | 14709 |
| (13) Except as provided in sections 3119.80, 3119.81, | 14710 |
| 3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 14711 |
| earnings of the person owed to the person for services in an | 14712 |
| amount equal to the greater of the following amounts: | 14713 |
| (a) If paid weekly, thirty times the current federal minimum | 14714 |
| hourly wage; if paid biweekly, sixty times the current federal | 14715 |
| minimum hourly wage; if paid semimonthly, sixty-five times the | 14716 |
| current federal minimum hourly wage; or if paid monthly, one | 14717 |
| hundred thirty times the current federal minimum hourly wage that | 14718 |
| is in effect at the time the earnings are payable, as prescribed | 14719 |
| by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 14720 |
| U.S.C. 206(a)(1), as amended; | 14721 |
| (b) Seventy-five per cent of the disposable earnings owed to | 14722 |
| the person. | 14723 |
| (14) The person's right in specific partnership property, as | 14724 |
| exempted by division (B)(3) of section 1775.24 of the Revised | 14725 |
| Code; | 14726 |
| (15) A seal and official register of a notary public, as | 14727 |
| exempted by section 147.04 of the Revised Code; | 14728 |
| (16) The person's interest in a tuition | 14729 |
| payment under section 3334.09 of the Revised Code pursuant to a | 14730 |
| tuition
| 14731 |
| the Revised Code; | 14732 |
| (17) Any other property that is specifically exempted from | 14733 |
| execution, attachment, garnishment, or sale by federal statutes | 14734 |
| other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 14735 |
| U.S.C.A. 101, as amended; | 14736 |
| (18) The person's interest, not to exceed four hundred | 14737 |
| dollars, in any property, except that division (A)(18) of this | 14738 |
| section applies only in bankruptcy proceedings. | 14739 |
| (B) As used in this section: | 14740 |
| (1) "Disposable earnings" means net earnings after the | 14741 |
| garnishee has made deductions required by law, excluding the | 14742 |
| deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 14743 |
| 3121.03, or 3123.06 of the Revised Code. | 14744 |
| (2) "Insider" means: | 14745 |
| (a) If the person who claims an exemption is an individual, a | 14746 |
| relative of the individual, a relative of a general partner of the | 14747 |
| individual, a partnership in which the individual is a general | 14748 |
| partner, a general partner of the individual, or a corporation of | 14749 |
| which the individual is a director, officer, or in control; | 14750 |
| (b) If the person who claims an exemption is a corporation, a | 14751 |
| director or officer of the corporation; a person in control of the | 14752 |
| corporation; a partnership in which the corporation is a general | 14753 |
| partner; a general partner of the corporation; or a relative of a | 14754 |
| general partner, director, officer, or person in control of the | 14755 |
| corporation; | 14756 |
| (c) If the person who claims an exemption is a partnership, a | 14757 |
| general partner in the partnership; a general partner of the | 14758 |
| partnership; a person in control of the partnership; a partnership | 14759 |
| in which the partnership is a general partner; or a relative in, a | 14760 |
| general partner of, or a person in control of the partnership; | 14761 |
| (d) An entity or person to which or whom any of the following | 14762 |
| applies: | 14763 |
| (i) The entity directly or indirectly owns, controls, or | 14764 |
| holds with power to vote, twenty per cent or more of the | 14765 |
| outstanding voting securities of the person who claims an | 14766 |
| exemption, unless the entity holds the securities in a fiduciary | 14767 |
| or agency capacity without sole discretionary power to vote the | 14768 |
| securities or holds the securities solely to secure to debt and | 14769 |
| the entity has not in fact exercised the power to vote. | 14770 |
| (ii) The entity is a corporation, twenty per cent or more of | 14771 |
| whose outstanding voting securities are directly or indirectly | 14772 |
| owned, controlled, or held with power to vote, by the person who | 14773 |
| claims an exemption or by an entity to which division (B)(2)(d)(i) | 14774 |
| of this section applies. | 14775 |
| (iii) A person whose business is operated under a lease or | 14776 |
| operating agreement by the person who claims an exemption, or a | 14777 |
| person substantially all of whose business is operated under an | 14778 |
| operating agreement with the person who claims an exemption. | 14779 |
| (iv) The entity operates the business or all or substantially | 14780 |
| all of the property of the person who claims an exemption under a | 14781 |
| lease or operating agreement. | 14782 |
| (e) An insider, as otherwise defined in this section, of a | 14783 |
| person or entity to which division (B)(2)(d)(i), (ii), (iii), or | 14784 |
| (iv) of this section applies, as if the person or entity were a | 14785 |
| person who claims an exemption; | 14786 |
| (f) A managing agent of the person who claims an exemption. | 14787 |
| (3) "Participant account" has the same meaning as in section | 14788 |
| 148.01 of the Revised Code. | 14789 |
| (4) "Government unit" has the same meaning as in section | 14790 |
| 148.06 of the Revised Code. | 14791 |
| (C) For purposes of this section, "interest" shall be | 14792 |
| determined as follows: | 14793 |
| (1) In bankruptcy proceedings, as of the date a petition is | 14794 |
| filed with the bankruptcy court commencing a case under Title 11 | 14795 |
| of the United States Code; | 14796 |
| (2) In all cases other than bankruptcy proceedings, as of the | 14797 |
| date of an appraisal, if necessary under section 2329.68 of the | 14798 |
| Revised Code, or the issuance of a writ of execution. | 14799 |
| An interest, as determined under division (C)(1) or (2) of | 14800 |
| this section, shall not include the amount of any lien otherwise | 14801 |
| valid pursuant to section 2329.661 of the Revised Code. | 14802 |
| Sec. 2744.05. Notwithstanding any other provisions of the | 14803 |
| Revised Code or rules of a court to the contrary, in an action | 14804 |
| against a political subdivision to recover damages for injury, | 14805 |
| death, or loss to person or property caused by an act or omission | 14806 |
| in connection with a governmental or proprietary function: | 14807 |
| (A) Punitive or exemplary damages shall not be awarded. | 14808 |
| (B)(1) If a claimant receives or is entitled to receive | 14809 |
| benefits for injuries or loss allegedly incurred from a policy or | 14810 |
| policies of insurance or any other source, the benefits shall be | 14811 |
| disclosed to the court, and the amount of the benefits shall be | 14812 |
| deducted from any award against a political subdivision recovered | 14813 |
| by that claimant. No insurer or other person is entitled to bring | 14814 |
| an action under a subrogation provision in an insurance or other | 14815 |
| contract against a political subdivision with respect to those | 14816 |
| benefits. | 14817 |
| The amount of the benefits shall be deducted from an award | 14818 |
| against a political subdivision under division (B)(1) of this | 14819 |
| section regardless of whether the claimant may be under an | 14820 |
| obligation to pay back the benefits upon recovery, in whole or in | 14821 |
| part, for the claim. A claimant whose benefits have been deducted | 14822 |
| from an award under division (B)(1) of this section is not | 14823 |
| considered fully compensated and shall not be required to | 14824 |
| reimburse a subrogated claim for benefits deducted from an award | 14825 |
| pursuant to division (B)(1) of this section. | 14826 |
| (2) Nothing in division (B)(1) of this section shall be | 14827 |
| construed to do either of the following: | 14828 |
| (a) Limit the rights of a beneficiary under a life insurance | 14829 |
| policy or the rights of sureties under fidelity or surety bonds; | 14830 |
| (b) Prohibit the department of job and family services from | 14831 |
| recovering from the political subdivision, pursuant to section | 14832 |
| 5101.58 of the Revised Code, the cost of medical assistance | 14833 |
|
benefits provided under Chapter 5107. | 14834 |
| Revised Code. | 14835 |
| (C)(1) There shall not be any limitation on compensatory | 14836 |
| damages that represent the actual loss of the person who is | 14837 |
| awarded the damages. However, except in wrongful death actions | 14838 |
| brought pursuant to Chapter 2125. of the Revised Code, damages | 14839 |
| that arise from the same cause of action, transaction or | 14840 |
| occurrence, or series of transactions or occurrences and that do | 14841 |
| not represent the actual loss of the person who is awarded the | 14842 |
| damages shall not exceed two hundred fifty thousand dollars in | 14843 |
| favor of any one person. The limitation on damages that do not | 14844 |
| represent the actual loss of the person who is awarded the damages | 14845 |
| provided in this division does not apply to court costs that are | 14846 |
| awarded to a plaintiff, or to interest on a judgment rendered in | 14847 |
| favor of a plaintiff, in an action against a political | 14848 |
| subdivision. | 14849 |
| (2) As used in this division, "the actual loss of the person | 14850 |
| who is awarded the damages" includes all of the following: | 14851 |
| (a) All wages, salaries, or other compensation lost by the | 14852 |
| person injured as a result of the injury, including wages, | 14853 |
| salaries, or other compensation lost as of the date of a judgment | 14854 |
| and future expected lost earnings of the person injured; | 14855 |
| (b) All expenditures of the person injured or another person | 14856 |
| on behalf of the person injured for medical care or treatment, for | 14857 |
| rehabilitation services, or for other care, treatment, services, | 14858 |
| products, or accommodations that were necessary because of the | 14859 |
| injury; | 14860 |
| (c) All expenditures to be incurred in the future, as | 14861 |
| determined by the court, by the person injured or another person | 14862 |
| on behalf of the person injured for medical care or treatment, for | 14863 |
| rehabilitation services, or for other care, treatment, services, | 14864 |
| products, or accommodations that will be necessary because of the | 14865 |
| injury; | 14866 |
| (d) All expenditures of a person whose property was injured | 14867 |
| or destroyed or of another person on behalf of the person whose | 14868 |
| property was injured or destroyed in order to repair or replace | 14869 |
| the property that was injured or destroyed; | 14870 |
| (e) All expenditures of the person injured or of the person | 14871 |
| whose property was injured or destroyed or of another person on | 14872 |
| behalf of the person injured or of the person whose property was | 14873 |
| injured or destroyed in relation to the actual preparation or | 14874 |
| presentation of the claim involved; | 14875 |
| (f) Any other expenditures of the person injured or of the | 14876 |
| person whose property was injured or destroyed or of another | 14877 |
| person on behalf of the person injured or of the person whose | 14878 |
| property was injured or destroyed that the court determines | 14879 |
| represent an actual loss experienced because of the personal or | 14880 |
| property injury or property loss. | 14881 |
| "The actual loss of the person who is awarded the damages" | 14882 |
| does not include any fees paid or owed to an attorney for any | 14883 |
| services rendered in relation to a personal or property injury or | 14884 |
| property loss, and does not include any damages awarded for pain | 14885 |
| and suffering, for the loss of society, consortium, companionship, | 14886 |
| care, assistance, attention, protection, advice, guidance, | 14887 |
| counsel, instruction, training, or education of the person | 14888 |
| injured, for mental anguish, or for any other intangible loss. | 14889 |
| Sec. 2901.07. (A) As used in this section: | 14890 |
| (1) "DNA analysis" and "DNA specimen" have the same meanings | 14891 |
| as in section 109.573 of the Revised Code. | 14892 |
| (2) "Jail" and "community-based correctional facility" have | 14893 |
| the same meanings as in section 2929.01 of the Revised Code. | 14894 |
| (3) "Post-release control" has the same meaning as in section | 14895 |
| 2967.01 of the Revised Code. | 14896 |
| (B)(1) A person who is convicted of or pleads guilty to a | 14897 |
| felony offense listed in division (D) of this section and who is | 14898 |
| sentenced to a prison term or to a community residential sanction | 14899 |
| in a jail or community-based correctional facility pursuant to | 14900 |
| section 2929.16 of the Revised Code, and a person who is convicted | 14901 |
| of or pleads guilty to a misdemeanor offense listed in division | 14902 |
| (D) of this section and who is sentenced to a term of imprisonment | 14903 |
| shall submit to a DNA specimen collection procedure administered | 14904 |
| by the director of rehabilitation and correction or the chief | 14905 |
| administrative officer of the jail or other detention facility in | 14906 |
| which the person is serving the term of imprisonment. If the | 14907 |
| person serves the prison term in a state correctional institution, | 14908 |
| the director of rehabilitation and correction shall cause the DNA | 14909 |
| specimen to be collected from the person during the intake process | 14910 |
| at the reception facility designated by the director. If the | 14911 |
| person serves the community residential sanction or term of | 14912 |
| imprisonment in a jail, a community-based correctional facility, | 14913 |
| or another county, multicounty, municipal, municipal-county, or | 14914 |
| multicounty-municipal detention facility, the chief administrative | 14915 |
| officer of the jail, community-based correctional facility, or | 14916 |
| detention facility shall cause the DNA specimen to be collected | 14917 |
| from the person during the intake process at the jail, | 14918 |
| community-based correctional facility, or detention facility. In | 14919 |
| accordance with division (C) of this section, the director or the | 14920 |
| chief administrative officer shall cause the DNA specimen to be | 14921 |
| forwarded to the bureau of criminal identification and | 14922 |
| investigation no later than fifteen days after the date of the | 14923 |
| collection of the DNA specimen. The DNA specimen shall be | 14924 |
| collected in accordance with division (C) of this section. | 14925 |
| (2) If a person is convicted of or pleads guilty to an | 14926 |
| offense listed in division (D) of this section, is serving a | 14927 |
| prison term, community residential sanction, or term of | 14928 |
| imprisonment for that offense, and does not provide a DNA specimen | 14929 |
| pursuant to division (B)(1) of this section, prior to the person's | 14930 |
| release from the prison term, community residential sanction, or | 14931 |
| imprisonment, the person shall submit to, and the director of | 14932 |
| rehabilitation and correction or the chief administrative officer | 14933 |
| of the jail, community-based correctional facility, or detention | 14934 |
| facility in which the person is serving the prison term, community | 14935 |
| residential sanction, or term of imprisonment shall administer, a | 14936 |
| DNA specimen collection procedure at the state correctional | 14937 |
| institution, jail, community-based correctional facility, or | 14938 |
| detention facility in which the person is serving the prison term, | 14939 |
| community residential sanction, or term of imprisonment. In | 14940 |
| accordance with division (C) of this section, the director or the | 14941 |
| chief administrative officer shall cause the DNA specimen to be | 14942 |
| forwarded to the bureau of criminal identification and | 14943 |
| investigation no later than fifteen days after the date of the | 14944 |
| collection of the DNA specimen. The DNA specimen shall be | 14945 |
| collected in accordance with division (C) of this section. | 14946 |
| (3) If a person sentenced to a term of imprisonment or | 14947 |
| serving a prison term or community residential sanction for | 14948 |
| committing an offense listed in division (D) of this section is on | 14949 |
| probation, is released on parole, under transitional control, or | 14950 |
| on another type of release, or is on post-release control, if the | 14951 |
| person is under the supervision of a probation department or the | 14952 |
| adult parole authority, if the person is sent to jail or is | 14953 |
| returned to a jail, community-based correctional facility, or | 14954 |
| state correctional institution for a violation of the terms and | 14955 |
| conditions of the probation, parole, transitional control, other | 14956 |
| release, or post-release control, if the person was or will be | 14957 |
| serving a term of imprisonment, prison term, or community | 14958 |
| residential sanction for committing an offense listed in division | 14959 |
| (D) of this section, and if the person did not provide a DNA | 14960 |
| specimen pursuant to division (B)(1) or (2) of this section, the | 14961 |
| person shall submit to, and the director of rehabilitation and | 14962 |
| correction or the chief administrative officer of the jail or | 14963 |
| community-based correctional facility shall administer, a DNA | 14964 |
| specimen collection procedure at the jail, community-based | 14965 |
| correctional facility, or state correctional institution in which | 14966 |
| the person is serving the term of imprisonment, prison term, or | 14967 |
| community residential sanction. In accordance with division (C) of | 14968 |
| this section, the director or the chief administrative officer | 14969 |
| shall cause the DNA specimen to be forwarded to the bureau of | 14970 |
| criminal identification and investigation no later than fifteen | 14971 |
| days after the date of the collection of the DNA specimen. The DNA | 14972 |
| specimen shall be collected from the person in accordance with | 14973 |
| division (C) of this section. | 14974 |
| (C) If the DNA specimen is collected by withdrawing blood | 14975 |
| from the person or a similarly invasive procedure, a physician, | 14976 |
| registered nurse, licensed practical nurse, duly licensed clinical | 14977 |
| laboratory technician, or other qualified medical practitioner | 14978 |
| shall collect in a medically approved manner the DNA specimen | 14979 |
| required to be collected pursuant to division (B) of this section. | 14980 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 14981 |
| similarly noninvasive procedure, this section does not require | 14982 |
| that the DNA specimen be collected by a qualified medical | 14983 |
| practitioner of that nature. No later than fifteen days after the | 14984 |
| date of the collection of the DNA specimen, the director of | 14985 |
| rehabilitation and correction or the chief administrative officer | 14986 |
| of the jail, community-based correctional facility, or other | 14987 |
| county, multicounty, municipal, municipal-county, or | 14988 |
| multicounty-municipal detention facility, in which the person is | 14989 |
| serving the prison term, community residential sanction, or term | 14990 |
| of imprisonment shall cause the DNA specimen to be forwarded to | 14991 |
| the bureau of criminal identification and investigation in | 14992 |
| accordance with procedures established by the superintendent of | 14993 |
| the bureau under division (H) of section 109.573 of the Revised | 14994 |
| Code. The bureau shall provide the specimen vials, mailing tubes, | 14995 |
| labels, postage, and instructions needed for the collection and | 14996 |
| forwarding of the DNA specimen to the bureau. | 14997 |
| (D) The director of rehabilitation and correction and the | 14998 |
| chief administrative officer of the jail, community-based | 14999 |
| correctional facility, or other county, multicounty, municipal, | 15000 |
| municipal-county, or multicounty-municipal detention facility | 15001 |
| shall cause a DNA specimen to be collected in accordance with | 15002 |
| divisions (B) and (C) of this section from a person in its custody | 15003 |
| who is convicted of or pleads guilty to any of the following | 15004 |
| offenses: | 15005 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 15006 |
| 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02, | 15007 |
| 2911.11, or 2911.12 of the Revised Code; | 15008 |
| (2) A violation of section 2907.12 of the Revised Code as it | 15009 |
| existed prior to September 3, 1996; | 15010 |
| (3) An attempt to commit a violation of section 2903.01, | 15011 |
| 2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code | 15012 |
| or to commit a violation of section 2907.12 of the Revised Code as | 15013 |
| it existed prior to September 3, 1996; | 15014 |
| (4) A violation of any law that arose out of the same facts | 15015 |
| and circumstances and same act as did a charge against the person | 15016 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 15017 |
| 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that | 15018 |
| previously was dismissed or amended or as did a charge against the | 15019 |
| person of a violation of section 2907.12 of the Revised Code as it | 15020 |
| existed prior to September 3, 1996, that previously was dismissed | 15021 |
| or amended; | 15022 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 15023 |
| Code that would have been a violation of section 2905.04 of the | 15024 |
| Revised Code as it existed prior to July 1, 1996, had it been | 15025 |
| committed prior to that date; | 15026 |
| (6) A sexually oriented offense or a child-victim oriented | 15027 |
| offense, both as defined in section 2950.01 of the Revised Code, | 15028 |
| if, in relation to that offense, the offender has been adjudicated | 15029 |
| a sexual predator or a child-victim predator, both as defined in | 15030 |
| section 2950.01 of the Revised Code; | 15031 |
| (7) A felony violation of any law that arose out of the same | 15032 |
| facts and circumstances and same act as did a charge against the | 15033 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 15034 |
| 2911.12 of the Revised Code that previously was dismissed or | 15035 |
| amended; | 15036 |
| (8) A conspiracy to commit a violation of section 2903.01, | 15037 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 15038 |
| Revised Code; | 15039 |
| (9) Complicity in committing a violation of section 2903.01, | 15040 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 15041 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 15042 |
| violation of section 2907.12 of the Revised Code as it existed | 15043 |
| prior to September 3, 1996. | 15044 |
| (E) The director of rehabilitation and correction or a chief | 15045 |
| administrative officer of a jail, community-based correctional | 15046 |
| facility, or other detention facility described in division (B) of | 15047 |
| this section in relation to the following offenses is not required | 15048 |
| to comply with this section until the superintendent of the bureau | 15049 |
| of criminal identification and investigation gives agencies in the | 15050 |
|
criminal justice system, as
defined in section | 15051 |
| the Revised Code, in the state official notification that the | 15052 |
| state DNA laboratory is prepared to accept DNA specimens of that | 15053 |
| nature: | 15054 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 15055 |
| 2911.12 of the Revised Code; | 15056 |
| (2) An attempt to commit a violation of section 2903.01 or | 15057 |
| 2903.02 of the Revised Code; | 15058 |
| (3) A felony violation of any law that arose out of the same | 15059 |
| facts and circumstances and same act as did a charge against the | 15060 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 15061 |
| 2911.12 of the Revised Code that previously was dismissed or | 15062 |
| amended; | 15063 |
| (4) A conspiracy to commit a violation of section 2903.01, | 15064 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 15065 |
| Revised Code; | 15066 |
| (5) Complicity in committing a violation of section 2903.01, | 15067 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 15068 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 15069 |
| violation of section 2907.12 of the Revised Code as it existed | 15070 |
| prior to September 3, 1996. | 15071 |
| Sec. 2913.40. (A) As used in this section: | 15072 |
| (1) "Statement or representation" means any oral, written, | 15073 |
| electronic, electronic impulse, or magnetic communication that is | 15074 |
| used to identify an item of goods or a service for which | 15075 |
| reimbursement may be made under the medical assistance program or | 15076 |
| that states income and expense and is or may be used to determine | 15077 |
| a rate of reimbursement under the medical assistance program. | 15078 |
| (2) "Medical assistance program" means the program | 15079 |
| established by the department of job and family services to | 15080 |
| provide medical assistance under section 5111.01 of the Revised | 15081 |
| Code and the medicaid program of Title XIX of the "Social Security | 15082 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 15083 |
| (3) "Provider" means any person who has signed a provider | 15084 |
| agreement with the department of job and family services to | 15085 |
| provide goods or services pursuant to the medical assistance | 15086 |
| program or any person who has signed an agreement with a party to | 15087 |
| such a provider agreement under which the person agrees to provide | 15088 |
| goods or services that are reimbursable under the medical | 15089 |
| assistance program. | 15090 |
| (4) "Provider agreement" means an oral or written agreement | 15091 |
| between the department of job and family services and a person in | 15092 |
| which the person agrees to provide goods or services under the | 15093 |
| medical assistance program. | 15094 |
| (5) "Recipient" means any individual who receives goods or | 15095 |
| services from a provider under the medical assistance program. | 15096 |
| (6) "Records" means any medical, professional, financial, or | 15097 |
| business records relating to the treatment or care of any | 15098 |
| recipient, to goods or services provided to any recipient, or to | 15099 |
| rates paid for goods or services provided to any recipient and any | 15100 |
| records that are required by the rules of the director of job and | 15101 |
| family services to be kept for the medical assistance program. | 15102 |
| (B) No person shall knowingly make or cause to be made a | 15103 |
| false or misleading statement or representation for use in | 15104 |
| obtaining reimbursement from the medical assistance program. | 15105 |
| (C) No person, with purpose to commit fraud or knowing that | 15106 |
| the person is facilitating a fraud, shall do either of the | 15107 |
| following: | 15108 |
| (1) Contrary to the terms of the person's provider agreement, | 15109 |
| charge, solicit, accept, or receive for goods or services that the | 15110 |
| person provides under the medical assistance program any property, | 15111 |
| money, or other consideration in addition to the amount of | 15112 |
| reimbursement under the medical assistance program and the | 15113 |
| person's provider agreement for the goods or services and any | 15114 |
| deductibles
or co-payments authorized by
| 15115 |
|
section
5111.0112 of
the Revised Code
or | 15116 |
|
pursuant to | 15117 |
| Revised Code. | 15118 |
| (2) Solicit, offer, or receive any remuneration, other than | 15119 |
| any deductibles or co-payments authorized by section 5111.0112 of | 15120 |
| the Revised Code or
rules adopted under
section
| 15121 |
| 5111.011, or 5111.02 of
the Revised Code | 15122 |
| 15123 | |
| limited to, a kickback or rebate, in connection with the | 15124 |
| furnishing of goods or services for which whole or partial | 15125 |
| reimbursement is or may be made under the medical assistance | 15126 |
| program. | 15127 |
| (D) No person, having submitted a claim for or provided goods | 15128 |
| or services under the medical assistance program, shall do either | 15129 |
| of the following for a period of at least six years after a | 15130 |
| reimbursement pursuant to that claim, or a reimbursement for those | 15131 |
| goods or services, is received under the medical assistance | 15132 |
| program: | 15133 |
| (1) Knowingly alter, falsify, destroy, conceal, or remove any | 15134 |
| records that are necessary to fully disclose the nature of all | 15135 |
| goods or services for which the claim was submitted, or for which | 15136 |
| reimbursement was received, by the person; | 15137 |
| (2) Knowingly alter, falsify, destroy, conceal, or remove any | 15138 |
| records that are necessary to disclose fully all income and | 15139 |
| expenditures upon which rates of reimbursements were based for the | 15140 |
| person. | 15141 |
| (E) Whoever violates this section is guilty of medicaid | 15142 |
| fraud. Except as otherwise provided in this division, medicaid | 15143 |
| fraud is a misdemeanor of the first degree. If the value of | 15144 |
| property, services, or funds obtained in violation of this section | 15145 |
| is five hundred dollars or more and is less than five thousand | 15146 |
| dollars, medicaid fraud is a felony of the fifth degree. If the | 15147 |
| value of property, services, or funds obtained in violation of | 15148 |
| this section is five thousand dollars or more and is less than one | 15149 |
| hundred thousand dollars, medicaid fraud is a felony of the fourth | 15150 |
| degree. If the value of the property, services, or funds obtained | 15151 |
| in violation of this section is one hundred thousand dollars or | 15152 |
| more, medicaid fraud is a felony of the third degree. | 15153 |
| (F) Upon application of the governmental agency, office, or | 15154 |
| other entity that conducted the investigation and prosecution in a | 15155 |
| case under this section, the court shall order any person who is | 15156 |
| convicted of a violation of this section for receiving any | 15157 |
| reimbursement for furnishing goods or services under the medical | 15158 |
| assistance program to which the person is not entitled to pay to | 15159 |
| the applicant its cost of investigating and prosecuting the case. | 15160 |
| The costs of investigation and prosecution that a defendant is | 15161 |
| ordered to pay pursuant to this division shall be in addition to | 15162 |
| any other penalties for the receipt of that reimbursement that are | 15163 |
| provided in this section, section 5111.03 of the Revised Code, or | 15164 |
| any other provision of law. | 15165 |
| (G) The provisions of this section are not intended to be | 15166 |
| exclusive remedies and do not preclude the use of any other | 15167 |
| criminal or civil remedy for any act that is in violation of this | 15168 |
| section. | 15169 |
| Sec. 2919.22. (A) No person, who is the parent, guardian, | 15170 |
| custodian, person having custody or control, or person in loco | 15171 |
| parentis of a child under eighteen years of age or a mentally or | 15172 |
| physically handicapped child under twenty-one years of age, shall | 15173 |
| create a substantial risk to the health or safety of the child, by | 15174 |
| violating a duty of care, protection, or support. It is not a | 15175 |
| violation of a duty of care, protection, or support under this | 15176 |
| division when the parent, guardian, custodian, or person having | 15177 |
| custody or control of a child treats the physical or mental | 15178 |
| illness or defect of the child by spiritual means through prayer | 15179 |
| alone, in accordance with the tenets of a recognized religious | 15180 |
| body. | 15181 |
| (B) No person shall do any of the following to a child under | 15182 |
| eighteen years of age or a mentally or physically handicapped | 15183 |
| child under twenty-one years of age: | 15184 |
| (1) Abuse the child; | 15185 |
| (2) Torture or cruelly abuse the child; | 15186 |
| (3) Administer corporal punishment or other physical | 15187 |
| disciplinary measure, or physically restrain the child in a cruel | 15188 |
| manner or for a prolonged period, which punishment, discipline, or | 15189 |
| restraint is excessive under the circumstances and creates a | 15190 |
| substantial risk of serious physical harm to the child; | 15191 |
| (4) Repeatedly administer unwarranted disciplinary measures | 15192 |
| to the child, when there is a substantial risk that such conduct, | 15193 |
| if continued, will seriously impair or retard the child's mental | 15194 |
| health or development; | 15195 |
| (5) Entice, coerce, permit, encourage, compel, hire, employ, | 15196 |
| use, or allow the child to act, model, or in any other way | 15197 |
| participate in, or be photographed for, the production, | 15198 |
| presentation, dissemination, or advertisement of any material or | 15199 |
| performance that the offender knows or reasonably should know is | 15200 |
| obscene, is sexually oriented matter, or is nudity-oriented | 15201 |
| matter; | 15202 |
| (6) Allow the child to be on the same parcel of real property | 15203 |
| and within one hundred feet of, or, in the case of more than one | 15204 |
| housing unit on the same parcel of real property, in the same | 15205 |
| housing unit and within one hundred feet of, any act in violation | 15206 |
| of section 2925.04 or 2925.041 of the Revised Code when the person | 15207 |
| knows that the act is occurring, whether or not any person is | 15208 |
| prosecuted for or convicted of the violation of section 2925.04 or | 15209 |
| 2925.041 of the Revised Code that is the basis of the violation of | 15210 |
| this division; | 15211 |
| (7) Possess or use methampetamine in the presence of the | 15212 |
| child or possess in the presence of the child an ephedrine | 15213 |
| product, phenylpropanolamine product, pseudoephedrine product, or | 15214 |
| combination of those products in an amount in excess of six grams | 15215 |
| of the product or combination of those products. | 15216 |
| (C)(1) No person shall operate a vehicle, streetcar, or | 15217 |
| trackless trolley within this state in violation of division (A) | 15218 |
| of section 4511.19 of the Revised Code when one or more children | 15219 |
| under eighteen years of age are in the vehicle, streetcar, or | 15220 |
| trackless trolley. Notwithstanding any other provision of law, a | 15221 |
| person may be convicted at the same trial or proceeding of a | 15222 |
| violation of this division and a violation of division (A) of | 15223 |
| section 4511.19 of the Revised Code that constitutes the basis of | 15224 |
| the charge of the violation of this division. For purposes of | 15225 |
| sections 4511.191 to 4511.197 of the Revised Code and all related | 15226 |
| provisions of law, a person arrested for a violation of this | 15227 |
| division shall be considered to be under arrest for operating a | 15228 |
| vehicle while under the influence of alcohol, a drug of abuse, or | 15229 |
| a combination of them or for operating a vehicle with a prohibited | 15230 |
| concentration of alcohol in the whole blood, blood serum or | 15231 |
| plasma, breath, or urine. | 15232 |
| (2) As used in division (C)(1) of this section, "vehicle," | 15233 |
| "streetcar," and "trackless trolley" have the same meanings as in | 15234 |
| section 4511.01 of the Revised Code. | 15235 |
| (D)(1) Division (B)(5) of this section does not apply to any | 15236 |
| material or performance that is produced, presented, or | 15237 |
| disseminated for a bona fide medical, scientific, educational, | 15238 |
| religious, governmental, judicial, or other proper purpose, by or | 15239 |
| to a physician, psychologist, sociologist, scientist, teacher, | 15240 |
| person pursuing bona fide studies or research, librarian, member | 15241 |
| of the clergy, prosecutor, judge, or other person having a proper | 15242 |
| interest in the material or performance. | 15243 |
| (2) Mistake of age is not a defense to a charge under | 15244 |
| division (B)(5) of this section. | 15245 |
| (3) In a prosecution under division (B)(5) of this section, | 15246 |
| the trier of fact may infer that an actor, model, or participant | 15247 |
| in the material or performance involved is a juvenile if the | 15248 |
| material or performance, through its title, text, visual | 15249 |
| representation, or otherwise, represents or depicts the actor, | 15250 |
| model, or participant as a juvenile. | 15251 |
| (4) As used in this division and division (B)(5) of this | 15252 |
| section: | 15253 |
| (a) "Material," "performance," "obscene," and "sexual | 15254 |
| activity" have the same meanings as in section 2907.01 of the | 15255 |
| Revised Code. | 15256 |
| (b) "Nudity-oriented matter" means any material or | 15257 |
| performance that shows a minor in a state of nudity and that, | 15258 |
| taken as a whole by the average person applying contemporary | 15259 |
| community standards, appeals to prurient interest. | 15260 |
| (c) "Sexually oriented matter" means any material or | 15261 |
| performance that shows a minor participating or engaging in sexual | 15262 |
| activity, masturbation, or bestiality. | 15263 |
| (E)(1) Whoever violates this section is guilty of endangering | 15264 |
| children. | 15265 |
| (2) If the offender violates division (A) or (B)(1) of this | 15266 |
| section, endangering children is one of the following: | 15267 |
| (a) Except as otherwise provided in division (E)(2)(b), (c), | 15268 |
| or (d) of this section, a misdemeanor of the first degree; | 15269 |
| (b) If the offender previously has been convicted of an | 15270 |
| offense under this section or of any offense involving neglect, | 15271 |
| abandonment, contributing to the delinquency of, or physical abuse | 15272 |
| of a child, except as otherwise provided in division (E)(2)(c) or | 15273 |
| (d) of this section, a felony of the fourth degree; | 15274 |
| (c) If the violation is a violation of division (A) of this | 15275 |
| section and results in serious physical harm to the child | 15276 |
| involved, a felony of the third degree; | 15277 |
| (d) If the violation is a violation of division (B)(1) of | 15278 |
| this section and results in serious physical harm to the child | 15279 |
| involved, a felony of the second degree. | 15280 |
| (3) If the offender violates division (B)(2), (3), (4), or | 15281 |
| (6) of this section, except as otherwise provided in this | 15282 |
| division, endangering children is a felony of the third degree. If | 15283 |
| the violation results in serious physical harm to the child | 15284 |
| involved, or if the offender previously has been convicted of an | 15285 |
| offense under this section or of any offense involving neglect, | 15286 |
| abandonment, contributing to the delinquency of, or physical abuse | 15287 |
| of a child, endangering children is a felony of the second degree. | 15288 |
| (4) If the offender violates division (B)(5) of this section, | 15289 |
| endangering children is a felony of the second degree. | 15290 |
| (5) If the offender violates division (B)(7) of this section, | 15291 |
| endangering children is a felony of the fourth degree. | 15292 |
| (6) If the offender violates division (C) of this section, | 15293 |
| the offender shall be punished as follows: | 15294 |
| (a) Except as otherwise provided in division
(E) | 15295 |
| (c) of this section, endangering children in violation of division | 15296 |
| (C) of this section is a misdemeanor of the first degree. | 15297 |
| (b) If the violation results in serious physical harm to the | 15298 |
| child involved or the offender previously has been convicted of an | 15299 |
| offense under this section or any offense involving neglect, | 15300 |
| abandonment, contributing to the delinquency of, or physical abuse | 15301 |
|
of a child, except as otherwise provided in division
(E) | 15302 |
| of this section, endangering children in violation of division (C) | 15303 |
| of this section is a felony of the fifth degree. | 15304 |
| (c) If the violation results in serious physical harm to the | 15305 |
| child involved and if the offender previously has been convicted | 15306 |
| of a violation of division (C) of this section, section 2903.06 or | 15307 |
| 2903.08 of the Revised Code, section 2903.07 of the Revised Code | 15308 |
| as it existed prior to March 23, 2000, or section 2903.04 of the | 15309 |
| Revised Code in a case in which the offender was subject to the | 15310 |
| sanctions described in division (D) of that section, endangering | 15311 |
| children in violation of division (C) of this section is a felony | 15312 |
| of the fourth degree. | 15313 |
| (d) In addition to any term of imprisonment, fine, or other | 15314 |
| sentence, penalty, or sanction it imposes upon the offender | 15315 |
|
pursuant to division (E) | 15316 |
| pursuant to any other provision of law and in addition to any | 15317 |
| suspension of the offender's driver's or commercial driver's | 15318 |
| license or permit or nonresident operating privilege under Chapter | 15319 |
| 4506., 4509., 4510., or 4511. of the Revised Code or under any | 15320 |
| other provision of law, the court also may impose upon the | 15321 |
| offender a class seven suspension of the offender's driver's or | 15322 |
| commercial driver's license or permit or nonresident operating | 15323 |
| privilege from the range specified in division (A)(7) of section | 15324 |
| 4510.02 of the Revised Code. | 15325 |
| (e) In addition to any term of imprisonment, fine, or other | 15326 |
| sentence, penalty, or sanction imposed upon the offender pursuant | 15327 |
|
to division (E) | 15328 |
| pursuant to any other provision of law for the violation of | 15329 |
| division (C) of this section, if as part of the same trial or | 15330 |
| proceeding the offender also is convicted of or pleads guilty to a | 15331 |
| separate charge charging the violation of division (A) of section | 15332 |
| 4511.19 of the Revised Code that was the basis of the charge of | 15333 |
| the violation of division (C) of this section, the offender also | 15334 |
| shall be sentenced in accordance with section 4511.19 of the | 15335 |
| Revised Code for that violation of division (A) of section 4511.19 | 15336 |
| of the Revised Code. | 15337 |
| (F)(1)(a) A court may require an offender to perform not more | 15338 |
| than two hundred hours of supervised community service work under | 15339 |
| the authority of an agency, subdivision, or charitable | 15340 |
| organization. The requirement shall be part of the community | 15341 |
| control sanction or sentence of the offender, and the court shall | 15342 |
| impose the community service in accordance with and subject to | 15343 |
| divisions (F)(1)(a) and (b) of this section. The court may require | 15344 |
| an offender whom it requires to perform supervised community | 15345 |
| service work as part of the offender's community control sanction | 15346 |
| or sentence to pay the court a reasonable fee to cover the costs | 15347 |
| of the offender's participation in the work, including, but not | 15348 |
| limited to, the costs of procuring a policy or policies of | 15349 |
| liability insurance to cover the period during which the offender | 15350 |
| will perform the work. If the court requires the offender to | 15351 |
| perform supervised community service work as part of the | 15352 |
| offender's community control sanction or sentence, the court shall | 15353 |
| do so in accordance with the following limitations and criteria: | 15354 |
| (i) The court shall require that the community service work | 15355 |
| be performed after completion of the term of imprisonment or jail | 15356 |
| term imposed upon the offender for the violation of division (C) | 15357 |
| of this section, if applicable. | 15358 |
| (ii) The supervised community service work shall be subject | 15359 |
| to the limitations set forth in divisions (B)(1), (2), and (3) of | 15360 |
| section 2951.02 of the Revised Code. | 15361 |
| (iii) The community service work shall be supervised in the | 15362 |
| manner described in division (B)(4) of section 2951.02 of the | 15363 |
| Revised Code by an official or person with the qualifications | 15364 |
| described in that division. The official or person periodically | 15365 |
| shall report in writing to the court concerning the conduct of the | 15366 |
| offender in performing the work. | 15367 |
| (iv) The court shall inform the offender in writing that if | 15368 |
| the offender does not adequately perform, as determined by the | 15369 |
| court, all of the required community service work, the court may | 15370 |
| order that the offender be committed to a jail or workhouse for a | 15371 |
| period of time that does not exceed the term of imprisonment that | 15372 |
| the court could have imposed upon the offender for the violation | 15373 |
| of division (C) of this section, reduced by the total amount of | 15374 |
| time that the offender actually was imprisoned under the sentence | 15375 |
| or term that was imposed upon the offender for that violation and | 15376 |
| by the total amount of time that the offender was confined for any | 15377 |
| reason arising out of the offense for which the offender was | 15378 |
| convicted and sentenced as described in sections 2949.08 and | 15379 |
| 2967.191 of the Revised Code, and that, if the court orders that | 15380 |
| the offender be so committed, the court is authorized, but not | 15381 |
| required, to grant the offender credit upon the period of the | 15382 |
| commitment for the community service work that the offender | 15383 |
| adequately performed. | 15384 |
| (b) If a court, pursuant to division (F)(1)(a) of this | 15385 |
| section, orders an offender to perform community service work as | 15386 |
| part of the offender's community control sanction or sentence and | 15387 |
| if the offender does not adequately perform all of the required | 15388 |
| community service work, as determined by the court, the court may | 15389 |
| order that the offender be committed to a jail or workhouse for a | 15390 |
| period of time that does not exceed the term of imprisonment that | 15391 |
| the court could have imposed upon the offender for the violation | 15392 |
| of division (C) of this section, reduced by the total amount of | 15393 |
| time that the offender actually was imprisoned under the sentence | 15394 |
| or term that was imposed upon the offender for that violation and | 15395 |
| by the total amount of time that the offender was confined for any | 15396 |
| reason arising out of the offense for which the offender was | 15397 |
| convicted and sentenced as described in sections 2949.08 and | 15398 |
| 2967.191 of the Revised Code. The court may order that a person | 15399 |
| committed pursuant to this division shall receive hour-for-hour | 15400 |
| credit upon the period of the commitment for the community service | 15401 |
| work that the offender adequately performed. No commitment | 15402 |
| pursuant to this division shall exceed the period of the term of | 15403 |
| imprisonment that the sentencing court could have imposed upon the | 15404 |
| offender for the violation of division (C) of this section, | 15405 |
| reduced by the total amount of time that the offender actually was | 15406 |
| imprisoned under that sentence or term and by the total amount of | 15407 |
| time that the offender was confined for any reason arising out of | 15408 |
| the offense for which the offender was convicted and sentenced as | 15409 |
| described in sections 2949.08 and 2967.191 of the Revised Code. | 15410 |
| (2) Division (F)(1) of this section does not limit or affect | 15411 |
| the authority of the court to suspend the sentence imposed upon a | 15412 |
| misdemeanor offender and place the offender under a community | 15413 |
| control sanction pursuant to section 2929.25 of the Revised Code, | 15414 |
| to require a misdemeanor or felony offender to perform supervised | 15415 |
| community service work in accordance with division (B) of section | 15416 |
| 2951.02 of the Revised Code, or to place a felony offender under a | 15417 |
| community control sanction. | 15418 |
| (G)(1) If a court suspends an offender's driver's or | 15419 |
| commercial driver's license or permit or nonresident operating | 15420 |
|
privilege under division (E) | 15421 |
| of the suspension shall be consecutive to, and commence after, the | 15422 |
| period of suspension of the offender's driver's or commercial | 15423 |
| driver's license or permit or nonresident operating privilege that | 15424 |
| is imposed under Chapter 4506., 4509., 4510., or 4511. of the | 15425 |
| Revised Code or under any other provision of law in relation to | 15426 |
| the violation of division (C) of this section that is the basis of | 15427 |
|
the suspension under division
(E) | 15428 |
| relation to the violation of division (A) of section 4511.19 of | 15429 |
| the Revised Code that is the basis for that violation of division | 15430 |
| (C) of this section. | 15431 |
| (2) An offender is not entitled to request, and the court | 15432 |
| shall not grant to the offender, limited driving privileges if the | 15433 |
| offender's license, permit, or privilege has been suspended under | 15434 |
| division
(E) | 15435 |
| preceding six years, has been convicted of or pleaded guilty to | 15436 |
| three or more violations of one or more of the following: | 15437 |
| (a) Division (C) of this section; | 15438 |
| (b) Any equivalent offense, as defined in section 4511.181 of | 15439 |
| the Revised Code. | 15440 |
| (H)(1) If a person violates division (C) of this section and | 15441 |
| if, at the time of the violation, there were two or more children | 15442 |
| under eighteen years of age in the motor vehicle involved in the | 15443 |
| violation, the offender may be convicted of a violation of | 15444 |
| division (C) of this section for each of the children, but the | 15445 |
| court may sentence the offender for only one of the violations. | 15446 |
| (2)(a) If a person is convicted of or pleads guilty to a | 15447 |
| violation of division (C) of this section but the person is not | 15448 |
| also convicted of and does not also plead guilty to a separate | 15449 |
| charge charging the violation of division (A) of section 4511.19 | 15450 |
| of the Revised Code that was the basis of the charge of the | 15451 |
| violation of division (C) of this section, both of the following | 15452 |
| apply: | 15453 |
| (i) For purposes of the provisions of section 4511.19 of the | 15454 |
| Revised Code that set forth the penalties and sanctions for a | 15455 |
| violation of division (A) of section 4511.19 of the Revised Code, | 15456 |
| the conviction of or plea of guilty to the violation of division | 15457 |
| (C) of this section shall not constitute a violation of division | 15458 |
| (A) of section 4511.19 of the Revised Code; | 15459 |
| (ii) For purposes of any provision of law that refers to a | 15460 |
| conviction of or plea of guilty to a violation of division (A) of | 15461 |
| section 4511.19 of the Revised Code and that is not described in | 15462 |
| division (H)(2)(a)(i) of this section, the conviction of or plea | 15463 |
| of guilty to the violation of division (C) of this section shall | 15464 |
| constitute a conviction of or plea of guilty to a violation of | 15465 |
| division (A) of section 4511.19 of the Revised Code. | 15466 |
| (b) If a person is convicted of or pleads guilty to a | 15467 |
| violation of division (C) of this section and the person also is | 15468 |
| convicted of or pleads guilty to a separate charge charging the | 15469 |
| violation of division (A) of section 4511.19 of the Revised Code | 15470 |
| that was the basis of the charge of the violation of division (C) | 15471 |
| of this section, the conviction of or plea of guilty to the | 15472 |
| violation of division (C) of this section shall not constitute, | 15473 |
| for purposes of any provision of law that refers to a conviction | 15474 |
| of or plea of guilty to a violation of division (A) of section | 15475 |
| 4511.19 of the Revised Code, a conviction of or plea of guilty to | 15476 |
| a violation of division (A) of section 4511.19 of the Revised | 15477 |
| Code. | 15478 |
| (I) As used in this section: | 15479 |
| (1) "Community control sanction" has the same meaning as in | 15480 |
| section 2929.01 of the Revised Code; | 15481 |
| (2) "Limited driving privileges" has the same meaning as in | 15482 |
| section 4501.01 of the Revised Code; | 15483 |
| (3) "Ephedrine product," "phenylpropanolamine product," and | 15484 |
| "pseudoephedrine product" have the same meanings as in section | 15485 |
| 2925.01 of the Revised Code. | 15486 |
| Sec. 2921.13. (A) No person shall knowingly make a false | 15487 |
| statement, or knowingly swear or affirm the truth of a false | 15488 |
| statement previously made, when any of the following applies: | 15489 |
| (1) The statement is made in any official proceeding. | 15490 |
| (2) The statement is made with purpose to incriminate | 15491 |
| another. | 15492 |
| (3) The statement is made with purpose to mislead a public | 15493 |
| official in performing the public official's official function. | 15494 |
| (4) The statement is made with purpose to secure the payment | 15495 |
| of unemployment compensation; Ohio works first; prevention, | 15496 |
| retention, and contingency benefits and services; disability | 15497 |
| financial assistance; retirement benefits; economic development | 15498 |
| assistance, as defined in section 9.66 of the Revised Code; or | 15499 |
| other benefits administered by a governmental agency or paid out | 15500 |
| of a public treasury. | 15501 |
| (5) The statement is made with purpose to secure the issuance | 15502 |
| by a governmental agency of a license, permit, authorization, | 15503 |
| certificate, registration, release, or provider agreement. | 15504 |
| (6) The statement is sworn or affirmed before a notary public | 15505 |
| or another person empowered to administer oaths. | 15506 |
| (7) The statement is in writing on or in connection with a | 15507 |
| report or return that is required or authorized by law. | 15508 |
| (8) The statement is in writing and is made with purpose to | 15509 |
| induce another to extend credit to or employ the offender, to | 15510 |
| confer any degree, diploma, certificate of attainment, award of | 15511 |
| excellence, or honor on the offender, or to extend to or bestow | 15512 |
| upon the offender any other valuable benefit or distinction, when | 15513 |
| the person to whom the statement is directed relies upon it to | 15514 |
| that person's detriment. | 15515 |
| (9) The statement is made with purpose to commit or | 15516 |
| facilitate the commission of a theft offense. | 15517 |
| (10) The statement is knowingly made to a probate court in | 15518 |
| connection with any action, proceeding, or other matter within its | 15519 |
| jurisdiction, either orally or in a written document, including, | 15520 |
| but not limited to, an application, petition, complaint, or other | 15521 |
| pleading, or an inventory, account, or report. | 15522 |
| (11) The statement is made on an account, form, record, | 15523 |
| stamp, label, or other writing that is required by law. | 15524 |
| (12) The statement is made in connection with the purchase of | 15525 |
| a firearm, as defined in section 2923.11 of the Revised Code, and | 15526 |
| in conjunction with the furnishing to the seller of the firearm of | 15527 |
| a fictitious or altered driver's or commercial driver's license or | 15528 |
| permit, a fictitious or altered identification card, or any other | 15529 |
| document that contains false information about the purchaser's | 15530 |
| identity. | 15531 |
| (13) The statement is made in a document or instrument of | 15532 |
| writing that purports to be a judgment, lien, or claim of | 15533 |
| indebtedness and is filed or recorded with the secretary of state, | 15534 |
| a county recorder, or the clerk of a court of record. | 15535 |
| (14) The statement is made with purpose to obtain an Ohio's | 15536 |
| best Rx program enrollment card under section 5110.09 of the | 15537 |
| Revised Code or a payment from the department of job and family | 15538 |
| services under section 5110.17 of the Revised Code. | 15539 |
| | 15540 |
| county sheriff pursuant to section 2923.125 of the Revised Code in | 15541 |
| order to obtain or renew a license to carry a concealed handgun or | 15542 |
| is made in an affidavit submitted to a county sheriff to obtain a | 15543 |
| temporary emergency license to carry a concealed handgun under | 15544 |
| section 2923.1213 of the Revised Code. | 15545 |
| (16) The statement is required under section 5743.72 of the | 15546 |
| Revised Code in connection with the person's purchase of | 15547 |
| cigarettes or tobacco products in a delivery sale. | 15548 |
| (B) No person, in connection with the purchase of a firearm, | 15549 |
| as defined in section 2923.11 of the Revised Code, shall knowingly | 15550 |
| furnish to the seller of the firearm a fictitious or altered | 15551 |
| driver's or commercial driver's license or permit, a fictitious or | 15552 |
| altered identification card, or any other document that contains | 15553 |
| false information about the purchaser's identity. | 15554 |
| (C) No person, in an attempt to obtain a license to carry a | 15555 |
| concealed handgun under section 2923.125 of the Revised Code, | 15556 |
| shall knowingly present to a sheriff a fictitious or altered | 15557 |
| document that purports to be certification of the person's | 15558 |
| competence in handling a handgun as described in division (B)(3) | 15559 |
| of section 2923.125 of the Revised Code. | 15560 |
| (D) It is no defense to a charge under division (A)(6) of | 15561 |
| this section that the oath or affirmation was administered or | 15562 |
| taken in an irregular manner. | 15563 |
| (E) If contradictory statements relating to the same fact are | 15564 |
| made by the offender within the period of the statute of | 15565 |
| limitations for falsification, it is not necessary for the | 15566 |
| prosecution to prove which statement was false but only that one | 15567 |
| or the other was false. | 15568 |
| (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 15569 |
|
(6), (7), (8), (10), (11), (13), | 15570 |
| is guilty of falsification, a misdemeanor of the first degree. | 15571 |
| (2) Whoever violates division (A)(9) of this section is | 15572 |
| guilty of falsification in a theft offense. Except as otherwise | 15573 |
| provided in this division, falsification in a theft offense is a | 15574 |
| misdemeanor of the first degree. If the value of the property or | 15575 |
| services stolen is five hundred dollars or more and is less than | 15576 |
| five thousand dollars, falsification in a theft offense is a | 15577 |
| felony of the fifth degree. If the value of the property or | 15578 |
| services stolen is five thousand dollars or more and is less than | 15579 |
| one hundred thousand dollars, falsification in a theft offense is | 15580 |
| a felony of the fourth degree. If the value of the property or | 15581 |
| services stolen is one hundred thousand dollars or more, | 15582 |
| falsification in a theft offense is a felony of the third degree. | 15583 |
| (3) Whoever violates division (A)(12) or (B) of this section | 15584 |
| is guilty of falsification to purchase a firearm, a felony of the | 15585 |
| fifth degree. | 15586 |
| (4) Whoever violates division (A) | 15587 |
| section is guilty of falsification to obtain a concealed handgun | 15588 |
| license, a felony of the fourth degree. | 15589 |
| (G) A person who violates this section is liable in a civil | 15590 |
| action to any person harmed by the violation for injury, death, or | 15591 |
| loss to person or property incurred as a result of the commission | 15592 |
| of the offense and for reasonable attorney's fees, court costs, | 15593 |
| and other expenses incurred as a result of prosecuting the civil | 15594 |
| action commenced under this division. A civil action under this | 15595 |
| division is not the exclusive remedy of a person who incurs | 15596 |
| injury, death, or loss to person or property as a result of a | 15597 |
| violation of this section. | 15598 |
| Sec. 2923.25. Each federally licensed firearms dealer who | 15599 |
| sells any firearm, at the time of the sale of the firearm, shall | 15600 |
| offer for sale to the purchaser of the firearm a trigger lock, gun | 15601 |
| lock, or gun locking device that is appropriate for that firearm. | 15602 |
| Each federally licensed firearms dealer shall post in a | 15603 |
| conspicuous location in the dealer's place of business the poster | 15604 |
| furnished to the dealer pursuant to section | 15605 |
| Revised Code and shall make available to all purchasers of | 15606 |
| firearms from the dealer the brochure furnished to the dealer | 15607 |
| pursuant to that section. | 15608 |
| As used in this section, "federally licensed firearms dealer" | 15609 |
| has the same meaning as in section | 15610 |
| Code. | 15611 |
| Sec. 2925.01. As used in this chapter: | 15612 |
| (A) "Administer," "controlled substance," "dispense," | 15613 |
| "distribute," "hypodermic," "manufacturer," "official written | 15614 |
| order," "person," "pharmacist," "pharmacy," "sale," "schedule I," | 15615 |
| "schedule II," "schedule III," "schedule IV," "schedule V," and | 15616 |
| "wholesaler" have the same meanings as in section 3719.01 of the | 15617 |
| Revised Code. | 15618 |
| (B) "Drug dependent person" and "drug of abuse" have the same | 15619 |
| meanings as in section 3719.011 of the Revised Code. | 15620 |
| (C) "Drug," "dangerous drug," "licensed health professional | 15621 |
|
authorized to
prescribe
drugs," | 15622 |
| drugs," "prescription," and "terminal distributor of drugs" have | 15623 |
| the same meanings as in section 4729.01 of the Revised Code. | 15624 |
| (D) "Bulk amount" of a controlled substance means any of the | 15625 |
| following: | 15626 |
| (1) For any compound, mixture, preparation, or substance | 15627 |
| included in schedule I, schedule II, or schedule III, with the | 15628 |
| exception of marihuana, cocaine, L.S.D., heroin, and hashish and | 15629 |
| except as provided in division (D)(2) or (5) of this section, | 15630 |
| whichever of the following is applicable: | 15631 |
| (a) An amount equal to or exceeding ten grams or twenty-five | 15632 |
| unit doses of a compound, mixture, preparation, or substance that | 15633 |
| is or contains any amount of a schedule I opiate or opium | 15634 |
| derivative; | 15635 |
| (b) An amount equal to or exceeding ten grams of a compound, | 15636 |
| mixture, preparation, or substance that is or contains any amount | 15637 |
| of raw or gum opium; | 15638 |
| (c) An amount equal to or exceeding thirty grams or ten unit | 15639 |
| doses of a compound, mixture, preparation, or substance that is or | 15640 |
| contains any amount of a schedule I hallucinogen other than | 15641 |
| tetrahydrocannabinol or lysergic acid amide, or a schedule I | 15642 |
| stimulant or depressant; | 15643 |
| (d) An amount equal to or exceeding twenty grams or five | 15644 |
| times the maximum daily dose in the usual dose range specified in | 15645 |
| a standard pharmaceutical reference manual of a compound, mixture, | 15646 |
| preparation, or substance that is or contains any amount of a | 15647 |
| schedule II opiate or opium derivative; | 15648 |
| (e) An amount equal to or exceeding five grams or ten unit | 15649 |
| doses of a compound, mixture, preparation, or substance that is or | 15650 |
| contains any amount of phencyclidine; | 15651 |
| (f) An amount equal to or exceeding one hundred twenty grams | 15652 |
| or thirty times the maximum daily dose in the usual dose range | 15653 |
| specified in a standard pharmaceutical reference manual of a | 15654 |
| compound, mixture, preparation, or substance that is or contains | 15655 |
| any amount of a schedule II stimulant that is in a final dosage | 15656 |
| form manufactured by a person authorized by the "Federal Food, | 15657 |
| Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as | 15658 |
| amended, and the federal drug abuse control laws, as defined in | 15659 |
| section 3719.01 of the Revised Code, that is or contains any | 15660 |
| amount of a schedule II depressant substance or a schedule II | 15661 |
| hallucinogenic substance; | 15662 |
| (g) An amount equal to or exceeding three grams of a | 15663 |
| compound, mixture, preparation, or substance that is or contains | 15664 |
| any amount of a schedule II stimulant, or any of its salts or | 15665 |
| isomers, that is not in a final dosage form manufactured by a | 15666 |
| person authorized by the Federal Food, Drug, and Cosmetic Act and | 15667 |
| the federal drug abuse control laws. | 15668 |
| (2) An amount equal to or exceeding one hundred twenty grams | 15669 |
| or thirty times the maximum daily dose in the usual dose range | 15670 |
| specified in a standard pharmaceutical reference manual of a | 15671 |
| compound, mixture, preparation, or substance that is or contains | 15672 |
| any amount of a schedule III or IV substance other than an | 15673 |
| anabolic steroid or a schedule III opiate or opium derivative; | 15674 |
| (3) An amount equal to or exceeding twenty grams or five | 15675 |
| times the maximum daily dose in the usual dose range specified in | 15676 |
| a standard pharmaceutical reference manual of a compound, mixture, | 15677 |
| preparation, or substance that is or contains any amount of a | 15678 |
| schedule III opiate or opium derivative; | 15679 |
| (4) An amount equal to or exceeding two hundred fifty | 15680 |
| milliliters or two hundred fifty grams of a compound, mixture, | 15681 |
| preparation, or substance that is or contains any amount of a | 15682 |
| schedule V substance; | 15683 |
| (5) An amount equal to or exceeding two hundred solid dosage | 15684 |
| units, sixteen grams, or sixteen milliliters of a compound, | 15685 |
| mixture, preparation, or substance that is or contains any amount | 15686 |
| of a schedule III anabolic steroid. | 15687 |
| (E) "Unit dose" means an amount or unit of a compound, | 15688 |
| mixture, or preparation containing a controlled substance that is | 15689 |
| separately identifiable and in a form that indicates that it is | 15690 |
| the amount or unit by which the controlled substance is separately | 15691 |
| administered to or taken by an individual. | 15692 |
| (F) "Cultivate" includes planting, watering, fertilizing, or | 15693 |
| tilling. | 15694 |
| (G) "Drug abuse offense" means any of the following: | 15695 |
| (1) A violation of division (A) of section 2913.02 that | 15696 |
| constitutes theft of drugs, or a violation of section 2925.02, | 15697 |
| 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, | 15698 |
| 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or | 15699 |
| 2925.37 of the Revised Code; | 15700 |
| (2) A violation of an existing or former law of this or any | 15701 |
| other state or of the United States that is substantially | 15702 |
| equivalent to any section listed in division (G)(1) of this | 15703 |
| section; | 15704 |
| (3) An offense under an existing or former law of this or any | 15705 |
| other state, or of the United States, of which planting, | 15706 |
| cultivating, harvesting, processing, making, manufacturing, | 15707 |
| producing, shipping, transporting, delivering, acquiring, | 15708 |
| possessing, storing, distributing, dispensing, selling, inducing | 15709 |
| another to use, administering to another, using, or otherwise | 15710 |
| dealing with a controlled substance is an element; | 15711 |
| (4) A conspiracy to commit, attempt to commit, or complicity | 15712 |
| in committing or attempting to commit any offense under division | 15713 |
| (G)(1), (2), or (3) of this section. | 15714 |
| (H) "Felony drug abuse offense" means any drug abuse offense | 15715 |
| that would constitute a felony under the laws of this state, any | 15716 |
| other state, or the United States. | 15717 |
| (I) "Harmful intoxicant" does not include beer or | 15718 |
| intoxicating liquor but means any of the following: | 15719 |
| (1) Any compound, mixture, preparation, or substance the gas, | 15720 |
| fumes, or vapor of which when inhaled can induce intoxication, | 15721 |
| excitement, giddiness, irrational behavior, depression, | 15722 |
| stupefaction, paralysis, unconsciousness, asphyxiation, or other | 15723 |
| harmful physiological effects, and includes, but is not limited | 15724 |
| to, any of the following: | 15725 |
| (a) Any volatile organic solvent, plastic cement, model | 15726 |
| cement, fingernail polish remover, lacquer thinner, cleaning | 15727 |
| fluid, gasoline, or other preparation containing a volatile | 15728 |
| organic solvent; | 15729 |
| (b) Any aerosol propellant; | 15730 |
| (c) Any fluorocarbon refrigerant; | 15731 |
| (d) Any anesthetic gas. | 15732 |
| (2) Gamma Butyrolactone; | 15733 |
| (3) 1,4 Butanediol. | 15734 |
| (J) "Manufacture" means to plant, cultivate, harvest, | 15735 |
| process, make, prepare, or otherwise engage in any part of the | 15736 |
| production of a drug, by propagation, extraction, chemical | 15737 |
| synthesis, or compounding, or any combination of the same, and | 15738 |
| includes packaging, repackaging, labeling, and other activities | 15739 |
| incident to production. | 15740 |
| (K) "Possess" or "possession" means having control over a | 15741 |
| thing or substance, but may not be inferred solely from mere | 15742 |
| access to the thing or substance through ownership or occupation | 15743 |
| of the premises upon which the thing or substance is found. | 15744 |
| (L) "Sample drug" means a drug or pharmaceutical preparation | 15745 |
| that would be hazardous to health or safety if used without the | 15746 |
| supervision of a licensed health professional authorized to | 15747 |
| prescribe drugs, or a drug of abuse, and that, at one time, had | 15748 |
| been placed in a container plainly marked as a sample by a | 15749 |
| manufacturer. | 15750 |
| (M) "Standard pharmaceutical reference manual" means the | 15751 |
| current edition, with cumulative changes if any, of any of the | 15752 |
| following reference works: | 15753 |
| (1) "The National Formulary"; | 15754 |
| (2) "The United States Pharmacopeia," prepared by authority | 15755 |
| of the United States Pharmacopeial Convention, Inc.; | 15756 |
| (3) Other standard references that are approved by the state | 15757 |
| board of pharmacy. | 15758 |
| (N) "Juvenile" means a person under eighteen years of age. | 15759 |
| (O) "Counterfeit controlled substance" means any of the | 15760 |
| following: | 15761 |
| (1) Any drug that bears, or whose container or label bears, a | 15762 |
| trademark, trade name, or other identifying mark used without | 15763 |
| authorization of the owner of rights to that trademark, trade | 15764 |
| name, or identifying mark; | 15765 |
| (2) Any unmarked or unlabeled substance that is represented | 15766 |
| to be a controlled substance manufactured, processed, packed, or | 15767 |
| distributed by a person other than the person that manufactured, | 15768 |
| processed, packed, or distributed it; | 15769 |
| (3) Any substance that is represented to be a controlled | 15770 |
| substance but is not a controlled substance or is a different | 15771 |
| controlled substance; | 15772 |
| (4) Any substance other than a controlled substance that a | 15773 |
| reasonable person would believe to be a controlled substance | 15774 |
| because of its similarity in shape, size, and color, or its | 15775 |
| markings, labeling, packaging, distribution, or the price for | 15776 |
| which it is sold or offered for sale. | 15777 |
| (P) An offense is "committed in the vicinity of a school" if | 15778 |
| the offender commits the offense on school premises, in a school | 15779 |
| building, or within one thousand feet of the boundaries of any | 15780 |
| school premises, regardless of whether the offender knows the | 15781 |
| offense is being committed on school premises, in a school | 15782 |
| building, or within one thousand feet of the boundaries of any | 15783 |
| school premises. | 15784 |
| (Q) "School" means any school operated by a board of | 15785 |
| education, any community school established under Chapter 3314. of | 15786 |
| the Revised Code, or any nonpublic school for which the state | 15787 |
| board of education prescribes minimum standards under section | 15788 |
| 3301.07 of the Revised Code, whether or not any instruction, | 15789 |
| extracurricular activities, or training provided by the school is | 15790 |
| being conducted at the time a criminal offense is committed. | 15791 |
| (R) "School premises" means either of the following: | 15792 |
| (1) The parcel of real property on which any school is | 15793 |
| situated, whether or not any instruction, extracurricular | 15794 |
| activities, or training provided by the school is being conducted | 15795 |
| on the premises at the time a criminal offense is committed; | 15796 |
| (2) Any other parcel of real property that is owned or leased | 15797 |
| by a board of education of a school, the governing authority of a | 15798 |
| community school established under Chapter 3314. of the Revised | 15799 |
| Code, or the governing body of a nonpublic school for which the | 15800 |
| state board of education prescribes minimum standards under | 15801 |
| section 3301.07 of the Revised Code and on which some of the | 15802 |
| instruction, extracurricular activities, or training of the school | 15803 |
| is conducted, whether or not any instruction, extracurricular | 15804 |
| activities, or training provided by the school is being conducted | 15805 |
| on the parcel of real property at the time a criminal offense is | 15806 |
| committed. | 15807 |
| (S) "School building" means any building in which any of the | 15808 |
| instruction, extracurricular activities, or training provided by a | 15809 |
| school is conducted, whether or not any instruction, | 15810 |
| extracurricular activities, or training provided by the school is | 15811 |
| being conducted in the school building at the time a criminal | 15812 |
| offense is committed. | 15813 |
| (T) "Disciplinary counsel" means the disciplinary counsel | 15814 |
| appointed by the board of commissioners on grievances and | 15815 |
| discipline of the supreme court under the Rules for the Government | 15816 |
| of the Bar of Ohio. | 15817 |
| (U) "Certified grievance committee" means a duly constituted | 15818 |
| and organized committee of the Ohio state bar association or of | 15819 |
| one or more local bar associations of the state of Ohio that | 15820 |
| complies with the criteria set forth in Rule V, section 6 of the | 15821 |
| Rules for the Government of the Bar of Ohio. | 15822 |
| (V) "Professional license" means any license, permit, | 15823 |
| certificate, registration, qualification, admission, temporary | 15824 |
| license, temporary permit, temporary certificate, or temporary | 15825 |
| registration that is described in divisions (W)(1) to (36) of this | 15826 |
| section and that qualifies a person as a professionally licensed | 15827 |
| person. | 15828 |
| (W) "Professionally licensed person" means any of the | 15829 |
| following: | 15830 |
| (1) A person who has obtained a license as a manufacturer of | 15831 |
| controlled substances or a wholesaler of controlled substances | 15832 |
| under Chapter 3719. of the Revised Code; | 15833 |
| (2) A person who has received a certificate or temporary | 15834 |
| certificate as a certified public accountant or who has registered | 15835 |
| as a public accountant under Chapter 4701. of the Revised Code and | 15836 |
| who holds an Ohio permit issued under that chapter; | 15837 |
| (3) A person who holds a certificate of qualification to | 15838 |
| practice architecture issued or renewed and registered under | 15839 |
| Chapter 4703. of the Revised Code; | 15840 |
| (4) A person who is registered as a landscape architect under | 15841 |
| Chapter 4703. of the Revised Code or who holds a permit as a | 15842 |
| landscape architect issued under that chapter; | 15843 |
| (5) A person licensed under Chapter 4707. of the Revised | 15844 |
| Code; | 15845 |
| (6) A person who has been issued a certificate of | 15846 |
| registration as a registered barber under Chapter 4709. of the | 15847 |
| Revised Code; | 15848 |
| (7) A person licensed and regulated to engage in the business | 15849 |
| of a debt pooling company by a legislative authority, under | 15850 |
| authority of Chapter 4710. of the Revised Code; | 15851 |
| (8) A person who has been issued a cosmetologist's license, | 15852 |
| hair designer's license, manicurist's license, esthetician's | 15853 |
| license, natural hair stylist's license, managing cosmetologist's | 15854 |
| license, managing hair designer's license, managing manicurist's | 15855 |
| license, managing esthetician's license, managing natural hair | 15856 |
| stylist's license, cosmetology instructor's license, hair design | 15857 |
| instructor's license, manicurist instructor's license, esthetics | 15858 |
| instructor's license, natural hair style instructor's license, | 15859 |
| independent contractor's license, or tanning facility permit under | 15860 |
| Chapter 4713. of the Revised Code; | 15861 |
| (9) A person who has been issued a license to practice | 15862 |
| dentistry, a general anesthesia permit, a conscious intravenous | 15863 |
| sedation permit, a limited resident's license, a limited teaching | 15864 |
| license, a dental hygienist's license, or a dental hygienist's | 15865 |
| teacher's certificate under Chapter 4715. of the Revised Code; | 15866 |
| (10) A person who has been issued an embalmer's license, a | 15867 |
| funeral director's license, a funeral home license, or a crematory | 15868 |
| license, or who has been registered for an embalmer's or funeral | 15869 |
| director's apprenticeship under Chapter 4717. of the Revised Code; | 15870 |
| (11) A person who has been licensed as a registered nurse or | 15871 |
| practical nurse, or who has been issued a certificate for the | 15872 |
| practice of nurse-midwifery under Chapter 4723. of the Revised | 15873 |
| Code; | 15874 |
| (12) A person who has been licensed to practice optometry or | 15875 |
| to engage in optical dispensing under Chapter 4725. of the Revised | 15876 |
| Code; | 15877 |
| (13) A person licensed to act as a pawnbroker under Chapter | 15878 |
| 4727. of the Revised Code; | 15879 |
| (14) A person licensed to act as a precious metals dealer | 15880 |
| under Chapter 4728. of the Revised Code; | 15881 |
| (15) A person licensed as a pharmacist, a pharmacy intern, a | 15882 |
| wholesale distributor of dangerous drugs, or a terminal | 15883 |
| distributor of dangerous drugs under Chapter 4729. of the Revised | 15884 |
| Code; | 15885 |
| (16) A person who is authorized to practice as a physician | 15886 |
| assistant under Chapter 4730. of the Revised Code; | 15887 |
| (17) A person who has been issued a certificate to practice | 15888 |
| medicine and surgery, osteopathic medicine and surgery, a limited | 15889 |
| branch of medicine, or podiatry under Chapter 4731. of the Revised | 15890 |
| Code; | 15891 |
| (18) A person licensed as a psychologist or school | 15892 |
| psychologist under Chapter 4732. of the Revised Code; | 15893 |
| (19) A person registered to practice the profession of | 15894 |
| engineering or surveying under Chapter 4733. of the Revised Code; | 15895 |
| (20) A person who has been issued a license to practice | 15896 |
| chiropractic under Chapter 4734. of the Revised Code; | 15897 |
| (21) A person licensed to act as a real estate broker or real | 15898 |
| estate salesperson under Chapter 4735. of the Revised Code; | 15899 |
| (22) A person registered as a registered sanitarian under | 15900 |
| Chapter 4736. of the Revised Code; | 15901 |
| (23) A person licensed to operate or maintain a junkyard | 15902 |
| under Chapter 4737. of the Revised Code; | 15903 |
| (24) A person who has been issued a motor vehicle salvage | 15904 |
| dealer's license under Chapter 4738. of the Revised Code; | 15905 |
| (25) A person who has been licensed to act as a steam | 15906 |
| engineer under Chapter 4739. of the Revised Code; | 15907 |
| (26) A person who has been issued a license or temporary | 15908 |
| permit to practice veterinary medicine or any of its branches, or | 15909 |
| who is registered as a graduate animal technician under Chapter | 15910 |
| 4741. of the Revised Code; | 15911 |
| (27) A person who has been issued a hearing aid dealer's or | 15912 |
| fitter's license or trainee permit under Chapter 4747. of the | 15913 |
| Revised Code; | 15914 |
| (28) A person who has been issued a class A, class B, or | 15915 |
| class C license or who has been registered as an investigator or | 15916 |
| security guard employee under Chapter 4749. of the Revised Code; | 15917 |
| (29) A person licensed and registered to practice as a | 15918 |
| nursing home administrator under Chapter 4751. of the Revised | 15919 |
| Code; | 15920 |
| (30) A person licensed to practice as a speech-language | 15921 |
| pathologist or audiologist under Chapter 4753. of the Revised | 15922 |
| Code; | 15923 |
| (31) A person issued a license as an occupational therapist | 15924 |
| or physical therapist under Chapter 4755. of the Revised Code; | 15925 |
| (32) A person who is licensed as a professional clinical | 15926 |
| counselor or professional counselor, licensed as a social worker | 15927 |
| or independent social worker, or registered as a social work | 15928 |
| assistant under Chapter 4757. of the Revised Code; | 15929 |
| (33) A person issued a license to practice dietetics under | 15930 |
| Chapter 4759. of the Revised Code; | 15931 |
| (34) A person who has been issued a license or limited permit | 15932 |
| to practice respiratory therapy under Chapter 4761. of the Revised | 15933 |
| Code; | 15934 |
| (35) A person who has been issued a real estate appraiser | 15935 |
| certificate under Chapter 4763. of the Revised Code; | 15936 |
| (36) A person who has been admitted to the bar by order of | 15937 |
| the supreme court in compliance with its prescribed and published | 15938 |
| rules. | 15939 |
| (X) "Cocaine" means any of the following: | 15940 |
| (1) A cocaine salt, isomer, or derivative, a salt of a | 15941 |
| cocaine isomer or derivative, or the base form of cocaine; | 15942 |
| (2) Coca leaves or a salt, compound, derivative, or | 15943 |
| preparation of coca leaves, including ecgonine, a salt, isomer, or | 15944 |
| derivative of ecgonine, or a salt of an isomer or derivative of | 15945 |
| ecgonine; | 15946 |
| (3) A salt, compound, derivative, or preparation of a | 15947 |
| substance identified in division (X)(1) or (2) of this section | 15948 |
| that is chemically equivalent to or identical with any of those | 15949 |
| substances, except that the substances shall not include | 15950 |
| decocainized coca leaves or extraction of coca leaves if the | 15951 |
| extractions do not contain cocaine or ecgonine. | 15952 |
| (Y) "L.S.D." means lysergic acid diethylamide. | 15953 |
| (Z) "Hashish" means the resin or a preparation of the resin | 15954 |
| contained in marihuana, whether in solid form or in a liquid | 15955 |
| concentrate, liquid extract, or liquid distillate form. | 15956 |
| (AA) "Marihuana" has the same meaning as in section 3719.01 | 15957 |
| of the Revised Code, except that it does not include hashish. | 15958 |
| (BB) An offense is "committed in the vicinity of a juvenile" | 15959 |
| if the offender commits the offense within one hundred feet of a | 15960 |
| juvenile or within the view of a juvenile, regardless of whether | 15961 |
| the offender knows the age of the juvenile, whether the offender | 15962 |
| knows the offense is being committed within one hundred feet of or | 15963 |
| within view of the juvenile, or whether the juvenile actually | 15964 |
| views the commission of the offense. | 15965 |
| (CC) "Presumption for a prison term" or "presumption that a | 15966 |
| prison term shall be imposed" means a presumption, as described in | 15967 |
| division (D) of section 2929.13 of the Revised Code, that a prison | 15968 |
| term is a necessary sanction for a felony in order to comply with | 15969 |
| the purposes and principles of sentencing under section 2929.11 of | 15970 |
| the Revised Code. | 15971 |
| (DD) "Major drug offender" has the same meaning as in section | 15972 |
| 2929.01 of the Revised Code. | 15973 |
| (EE) "Minor drug possession offense" means either of the | 15974 |
| following: | 15975 |
| (1) A violation of section 2925.11 of the Revised Code as it | 15976 |
| existed prior to July 1, 1996; | 15977 |
| (2) A violation of section 2925.11 of the Revised Code as it | 15978 |
| exists on and after July 1, 1996, that is a misdemeanor or a | 15979 |
| felony of the fifth degree. | 15980 |
| (FF) "Mandatory prison term" has the same meaning as in | 15981 |
| section 2929.01 of the Revised Code. | 15982 |
| (GG) "Crack cocaine" means a compound, mixture, preparation, | 15983 |
| or substance that is or contains any amount of cocaine that is | 15984 |
| analytically identified as the base form of cocaine or that is in | 15985 |
| a form that resembles rocks or pebbles generally intended for | 15986 |
| individual use. | 15987 |
| (HH) "Adulterate" means to cause a drug to be adulterated as | 15988 |
| described in section 3715.63 of the Revised Code. | 15989 |
| (II) "Public premises" means any hotel, restaurant, tavern, | 15990 |
| store, arena, hall, or other place of public accommodation, | 15991 |
| business, amusement, or resort. | 15992 |
| (JJ) "Consumer product" means any food or drink that is | 15993 |
| consumed or used by humans and any drug, including a drug that may | 15994 |
| be provided legally only pursuant to a prescription, that is | 15995 |
| intended to be consumed or used by humans. | 15996 |
| (KK) "Ephedrine" means any material, compound, mixture, or | 15997 |
| preparation that contains any quantity of ephedrine, its salts or | 15998 |
| optical isomers, or salts of optical isomers. | 15999 |
| (LL)(1) "Ephedrine product" means, subject to division | 16000 |
| (LL)(2) of this section, any consumer product that consists of a | 16001 |
| single-ingredient preparation of ephedrine in which ephedrine is | 16002 |
| the single active ingredient. | 16003 |
| (2) "Ephedrine product" does not include any consumer product | 16004 |
| described in division (LL)(1) of this section that is in pediatric | 16005 |
| form, or in liquid, liquid capsule, or gel capsule form. | 16006 |
| (MM) "Phenylpropanolamine" means any material, compound, | 16007 |
| mixture, or preparation that contains any quantity of | 16008 |
| phenylpropanolamine, its salts or optical isomers, or salts of | 16009 |
| optical isomers. | 16010 |
| (NN)(1) "Phenylpropanolamine product" means, subject to | 16011 |
| division (NN)(2) of this section, any consumer product that | 16012 |
| consists of a single-ingredient preparation of phenylpropanolamine | 16013 |
| in which phenylpropanolamine is the single active ingredient. | 16014 |
| (2) "Phenylpropanolamine product" does not include any | 16015 |
| consumer product described in division (NN)(1) of this section | 16016 |
| that is in pediatric form, or in liquid, liquid capsule, or gel | 16017 |
| capsule form. | 16018 |
| (OO) "Proof of age" means a driver's license, commercial | 16019 |
| driver's license, military identification card, passport, or | 16020 |
| identification card issued under sections 4507.50 to 4507.52 of | 16021 |
| the Revised Code that shows a person is eighteen years of age or | 16022 |
| older. | 16023 |
| (PP) "Pseudoephedrine" means any material, compound, mixture, | 16024 |
| or preparation that contains any quantity of pseudoephedrine, its | 16025 |
| salts or optical isomers, or salts of optical isomers. | 16026 |
| (QQ)(1) "Pseudoephedrine product" means, subject to division | 16027 |
| (QQ)(2) of this section, any consumer product that consists of a | 16028 |
| single-ingredient preparation of pseudoephedrine in which | 16029 |
| pseudoephedrine is the single active ingredient. | 16030 |
| (2) "Pseudoephedrine product" does not include any consumer | 16031 |
| product described in division (QQ)(1) of this section that is in | 16032 |
| pediatric form, or in liquid, liquid capsule, or gel capsule form. | 16033 |
| (RR) "Retailer" means a place of business that offers | 16034 |
| consumer products for sale to the general public. | 16035 |
| (SS) "Single-ingredient preparation" means a compound, | 16036 |
| mixture, preparation, or substance that contains a single active | 16037 |
| ingredient. | 16038 |
| Sec. 2925.04. (A) No person shall knowingly cultivate | 16039 |
| marihuana or knowingly manufacture or otherwise engage in any part | 16040 |
| of the production of a controlled substance. | 16041 |
| (B) This section does not apply to any person listed in | 16042 |
| division (B)(1), (2), or (3) of section 2925.03 of the Revised | 16043 |
| Code to the extent and under the circumstances described in those | 16044 |
| divisions. | 16045 |
| (C)(1) Whoever commits a violation of division (A) of this | 16046 |
| section that involves any drug other than marihuana is guilty of | 16047 |
| illegal manufacture of drugs, and whoever commits a violation of | 16048 |
| division (A) of this section that involves marihuana is guilty of | 16049 |
| illegal cultivation of marihuana. | 16050 |
| (2) Except as otherwise provided in this division, if the | 16051 |
| drug involved in the violation of division (A) of this section is | 16052 |
| any compound, mixture, preparation, or substance included in | 16053 |
| schedule I or II, with the exception of marihuana, illegal | 16054 |
| manufacture of drugs is a felony of the second degree, and, | 16055 |
| subject to division (E) of this section, the court shall impose as | 16056 |
| a mandatory prison term one of the prison terms prescribed for a | 16057 |
| felony of the second degree. If the drug involved in the violation | 16058 |
| is any compound, mixture, preparation, or substance included in | 16059 |
| schedule I or II, with the exception of marihuana, and if the | 16060 |
| offense was committed in the vicinity of a juvenile or in the | 16061 |
| vicinity of a school, illegal manufacture of drugs is a felony of | 16062 |
| the first degree, and, subject to division (E) of this section, | 16063 |
| the court shall impose as a mandatory prison term one of the | 16064 |
| prison terms prescribed for a felony of the first degree. If the | 16065 |
| drug involved in the violation is methamphetamine, any salt, | 16066 |
| isomer, or salt of an isomer of methamphetamine, or any compound, | 16067 |
| mixture, preparation, or substance containing methamphetamine or | 16068 |
| any salt, isomer, or salt of an isomer of methamphetamine and if | 16069 |
| the offense was committed on public premises, in the vicinity of a | 16070 |
| juvenile, or in the vicinity of a school, illegal manufacture of | 16071 |
| drugs is a felony of the first degree, and, subject to division | 16072 |
| (E) of this section, the court shall impose as a mandatory prison | 16073 |
| term one of the prison terms prescribed for a felony of the first | 16074 |
| degree. | 16075 |
| (3) If the drug involved in the violation of division (A) of | 16076 |
| this section is any compound, mixture, preparation, or substance | 16077 |
| included in schedule III, IV, or V, illegal manufacture of drugs | 16078 |
| is a felony of the third degree or, if the offense was committed | 16079 |
| in the vicinity of a school or in the vicinity of a juvenile, a | 16080 |
| felony of the second degree, and there is a presumption for a | 16081 |
| prison term for the offense. | 16082 |
| (4) If the drug involved in the violation is marihuana, the | 16083 |
| penalty for the offense shall be determined as follows: | 16084 |
| (a) Except as otherwise provided in division (C)(4)(b), (c), | 16085 |
| (d), (e), or (f) of this section, illegal cultivation of marihuana | 16086 |
| is a minor misdemeanor or, if the offense was committed in the | 16087 |
| vicinity of a school or in the vicinity of a juvenile, a | 16088 |
| misdemeanor of the fourth degree. | 16089 |
| (b) If the amount of marihuana involved equals or exceeds one | 16090 |
| hundred grams but is less than two hundred grams, illegal | 16091 |
| cultivation of marihuana is a misdemeanor of the fourth degree or, | 16092 |
| if the offense was committed in the vicinity of a school or in the | 16093 |
| vicinity of a juvenile, a misdemeanor of the third degree. | 16094 |
| (c) If the amount of marihuana involved equals or exceeds two | 16095 |
| hundred grams but is less than one thousand grams, illegal | 16096 |
| cultivation of marihuana is a felony of the fifth degree or, if | 16097 |
| the offense was committed in the vicinity of a school or in the | 16098 |
| vicinity of a juvenile, a felony of the fourth degree, and | 16099 |
| division (B) of section 2929.13 of the Revised Code applies in | 16100 |
| determining whether to impose a prison term on the offender. | 16101 |
| (d) If the amount of marihuana involved equals or exceeds one | 16102 |
| thousand grams but is less than five thousand grams, illegal | 16103 |
| cultivation of marihuana is a felony of the third degree or, if | 16104 |
| the offense was committed in the vicinity of a school or in the | 16105 |
| vicinity of a juvenile, a felony of the second degree, and | 16106 |
| division (C) of section 2929.13 of the Revised Code applies in | 16107 |
| determining whether to impose a prison term on the offender. | 16108 |
| (e) If the amount of marihuana involved equals or exceeds | 16109 |
| five thousand grams but is less than twenty thousand grams, | 16110 |
| illegal cultivation of marihuana is a felony of the third degree | 16111 |
| or, if the offense was committed in the vicinity of a school or in | 16112 |
| the vicinity of a juvenile, a felony of the second degree, and | 16113 |
| there is a presumption for a prison term for the offense. | 16114 |
| (f) Except as otherwise provided in this division, if the | 16115 |
| amount of marihuana involved equals or exceeds twenty thousand | 16116 |
| grams, illegal cultivation of marihuana is a felony of the second | 16117 |
| degree, and the court shall impose as a mandatory prison term the | 16118 |
| maximum prison term prescribed for a felony of the second degree. | 16119 |
| If the amount of the drug involved equals or exceeds twenty | 16120 |
| thousand grams and if the offense was committed in the vicinity of | 16121 |
| a school or in the vicinity of a juvenile, illegal cultivation of | 16122 |
| marihuana is a felony of the first degree, and the court shall | 16123 |
| impose as a mandatory prison term the maximum prison term | 16124 |
| prescribed for a felony of the first degree. | 16125 |
| (D) In addition to any prison term authorized or required by | 16126 |
| division (C) or (E) of this section and sections 2929.13 and | 16127 |
| 2929.14 of the Revised Code and in addition to any other sanction | 16128 |
| imposed for the offense under this section or sections 2929.11 to | 16129 |
| 2929.18 of the Revised Code, the court that sentences an offender | 16130 |
| who is convicted of or pleads guilty to a violation of division | 16131 |
| (A) of this section shall do all of the following that are | 16132 |
| applicable regarding the offender: | 16133 |
| (1) If the violation of division (A) of this section is a | 16134 |
| felony of the first, second, or third degree, the court shall | 16135 |
| impose upon the offender the mandatory fine specified for the | 16136 |
| offense under division (B)(1) of section 2929.18 of the Revised | 16137 |
| Code unless, as specified in that division, the court determines | 16138 |
| that the offender is indigent. The clerk of the court shall pay a | 16139 |
| mandatory fine or other fine imposed for a violation of this | 16140 |
| section pursuant to division (A) of section 2929.18 of the Revised | 16141 |
| Code in accordance with and subject to the requirements of | 16142 |
| division (F) of section 2925.03 of the Revised Code. The agency | 16143 |
| that receives the fine shall use the fine as specified in division | 16144 |
| (F) of section 2925.03 of the Revised Code. If a person is charged | 16145 |
| with a violation of this section that is a felony of the first, | 16146 |
| second, or third degree, posts bail, and forfeits the bail, the | 16147 |
| clerk shall pay the forfeited bail as if the forfeited bail were a | 16148 |
| fine imposed for a violation of this section. | 16149 |
| (2) The court shall suspend the offender's driver's or | 16150 |
| commercial driver's license or permit in accordance with division | 16151 |
| (G) of section 2925.03 of the Revised Code. If an offender's | 16152 |
| driver's or commercial driver's license or permit is suspended in | 16153 |
| accordance with that division, the offender may request | 16154 |
| termination of, and the court may terminate, the suspension in | 16155 |
| accordance with that division. | 16156 |
| (3) If the offender is a professionally licensed person, the | 16157 |
| court immediately shall comply with section 2925.38 of the Revised | 16158 |
| Code. | 16159 |
| (E) Notwithstanding the prison term otherwise authorized or | 16160 |
| required for the offense under division (C) of this section and | 16161 |
| sections 2929.13 and 2929.14 of the Revised Code, if the violation | 16162 |
| of division (A) of this section involves the sale, offer to sell, | 16163 |
| or possession of a schedule I or II controlled substance, with the | 16164 |
| exception of marihuana, and if the court imposing sentence upon | 16165 |
| the offender finds that the offender as a result of the violation | 16166 |
| is a major drug offender and is guilty of a specification of the | 16167 |
| type described in section 2941.1410 of the Revised Code, the | 16168 |
| court, in lieu of the prison term otherwise authorized or | 16169 |
| required, shall impose upon the offender the mandatory prison term | 16170 |
| specified in division (D)(3)(a) of section 2929.14 of the Revised | 16171 |
| Code and may impose an additional prison term under division | 16172 |
| (D)(3)(b) of that section. | 16173 |
| (F) It is an affirmative defense, as provided in section | 16174 |
| 2901.05 of the Revised Code, to a charge under this section for a | 16175 |
| fifth degree felony violation of illegal cultivation of marihuana | 16176 |
| that the marihuana that gave rise to the charge is in an amount, | 16177 |
| is in a form, is prepared, compounded, or mixed with substances | 16178 |
| that are not controlled substances in a manner, or is possessed or | 16179 |
| cultivated under any other circumstances that indicate that the | 16180 |
| marihuana was solely for personal use. | 16181 |
| Notwithstanding any contrary provision of division (F) of | 16182 |
| this section, if, in accordance with section 2901.05 of the | 16183 |
| Revised Code, a person who is charged with a violation of illegal | 16184 |
| cultivation of marihuana that is a felony of the fifth degree | 16185 |
| sustains the burden of going forward with evidence of and | 16186 |
| establishes by a preponderance of the evidence the affirmative | 16187 |
| defense described in this division, the person may be prosecuted | 16188 |
| for and may be convicted of or plead guilty to a misdemeanor | 16189 |
| violation of illegal cultivation of marihuana. | 16190 |
| (G) Arrest or conviction for a minor misdemeanor violation of | 16191 |
| this section does not constitute a criminal record and need not be | 16192 |
| reported by the person so arrested or convicted in response to any | 16193 |
| inquiries about the person's criminal record, including any | 16194 |
| inquiries contained in an application for employment, a license, | 16195 |
| or any other right or privilege or made in connection with the | 16196 |
| person's appearance as a witness. | 16197 |
| Sec. 2925.041. (A) No person shall knowingly | 16198 |
| of the following: | 16199 |
| (1) Assemble or possess any ephedrine product, | 16200 |
| phenylpropanolamine product, or pseudoephedrine product with the | 16201 |
| intent to use the product to manufacture methamphetamine or any | 16202 |
| other schedule I or II controlled substance; | 16203 |
| (2) Assemble or possess one or more chemicals, other than a | 16204 |
| product described in division (A)(1) of this section, that may be | 16205 |
| used to manufacture a controlled substance in schedule I or II | 16206 |
| with the intent to manufacture a controlled substance in schedule | 16207 |
| I or II in violation of section 2925.04 of the Revised Code. | 16208 |
| (B)(1) In a prosecution under this section, it is not | 16209 |
| necessary to allege or prove that the offender assembled or | 16210 |
| possessed all chemicals necessary to manufacture a controlled | 16211 |
| substance in schedule I or II. The assembly or possession of a | 16212 |
| single chemical that may be used in the manufacture of a | 16213 |
| controlled substance in schedule I or II, with the intent to | 16214 |
| manufacture a controlled substance in either schedule, is | 16215 |
| sufficient to violate this section. | 16216 |
| (2) In a prosecution under division (A)(1) of this section, | 16217 |
| except as otherwise provided in this division, the possession of | 16218 |
| twenty-four grams or more of an ephedrine product, | 16219 |
| phenylpropanolamine product, or pseudoephedrine product | 16220 |
| constitutes prima-facie evidence of the intent to use the product | 16221 |
| to manufacture methamphetamine or another schedule I or II | 16222 |
| controlled substance. The prima-facie evidence designation | 16223 |
| established by this division does not apply to any of the | 16224 |
| following who lawfully possesses drug products in the course of | 16225 |
| legitimate business: | 16226 |
| (a) A retailer that sells drug products or the agents or | 16227 |
| employees of a retailer that sells drug products in the course of | 16228 |
| carrying out their duties or employment with the retailer; | 16229 |
| (b) A wholesaler or the agents or employees of a wholesaler | 16230 |
| in the course of carrying out their duties or employment with the | 16231 |
| wholesaler; | 16232 |
| (c) A manufacturer or the agents or employees of a | 16233 |
| manufacturer in the course of carrying out their duties or | 16234 |
| employment with the manufacturer; | 16235 |
| (d) A pharmacist; | 16236 |
| (e) A licensed health care professional authorized to | 16237 |
| prescribe drugs possessing the drug products in the course of | 16238 |
| carrying out the person's profession; | 16239 |
| (f) A terminal distributor of dangerous drugs. | 16240 |
| (C) Whoever violates this section is guilty of illegal | 16241 |
| assembly or possession of chemicals for the manufacture of drugs. | 16242 |
| Except as otherwise provided in this division, illegal assembly or | 16243 |
| possession of chemicals for the manufacture of drugs is a felony | 16244 |
| of the third degree, and division (C) of section 2929.13 of the | 16245 |
| Revised Code applies in determining whether to impose a prison | 16246 |
| term on the offender. If the offense was committed in the vicinity | 16247 |
| of a juvenile or in the vicinity of a school, illegal assembly or | 16248 |
| possession of chemicals for the manufacture of drugs is a felony | 16249 |
| of the second degree, and division (C) of section 2929.13 of the | 16250 |
| Revised Code applies in determining whether to impose a prison | 16251 |
| term on the offender. | 16252 |
| (D) In addition to any prison term authorized by division (C) | 16253 |
| of this section and sections 2929.13 and 2929.14 of the Revised | 16254 |
| Code and in addition to any other sanction imposed for the offense | 16255 |
| under this section or sections 2929.11 to 2929.18 of the Revised | 16256 |
| Code, the court that sentences an offender who is convicted of or | 16257 |
| pleads guilty to a violation of this section shall do all of the | 16258 |
| following that are applicable regarding the offender: | 16259 |
| (1) The court shall impose upon the offender the mandatory | 16260 |
| fine specified for the offense under division (B)(1) of section | 16261 |
| 2929.18 of the Revised Code unless, as specified in that division, | 16262 |
| the court determines that the offender is indigent. The clerk of | 16263 |
| the court shall pay a mandatory fine or other fine imposed for a | 16264 |
| violation of this section under division (A) of section 2929.18 of | 16265 |
| the Revised Code in accordance with and subject to the | 16266 |
| requirements of division (F) of section 2925.03 of the Revised | 16267 |
| Code. The agency that receives the fine shall use the fine as | 16268 |
| specified in division (F) of section 2925.03 of the Revised Code. | 16269 |
| If a person charged with a violation of this section posts bail | 16270 |
| and forfeits the bail, the clerk shall pay the forfeited bail as | 16271 |
| if the forfeited bail were a fine imposed for a violation of this | 16272 |
| section. | 16273 |
| (2) The court shall revoke or suspend the offender's driver's | 16274 |
| or commercial driver's license or permit in accordance with | 16275 |
| division (G) of section 2925.03 of the Revised Code. If an | 16276 |
| offender's driver's or commercial driver's license or permit is | 16277 |
| revoked in accordance with that division, the offender may request | 16278 |
| termination of, and the court may terminate, the revocation in | 16279 |
| accordance with that division. | 16280 |
| (3) If the offender is a professionally licensed person or a | 16281 |
| person who has been admitted to the bar by order of the supreme | 16282 |
| court in compliance with its prescribed and published rules, the | 16283 |
| court shall comply with section 2925.38 of the Revised Code. | 16284 |
| Sec. 2925.15. (A) No retailer or terminal distributor of | 16285 |
| dangerous drugs shall knowingly sell, offer to sell, hold for | 16286 |
| sale, deliver, or otherwise provide to any individual within any | 16287 |
| thirty-day period an amount of ephedrine product, | 16288 |
| phenylpropanolamine product, or pseudoephedrine product that | 16289 |
| exceeds two packages of any one of those products or of any | 16290 |
| combination of those products, with neither package so sold | 16291 |
| containing more than three grams of the product. | 16292 |
| (B) Each retailer or terminal distributor of dangerous drugs | 16293 |
| that sells, offers to sell, holds for sale, delivers, or otherwise | 16294 |
| provides any ephedrine product, phenylpropanolamine product, or | 16295 |
| pseudoephedrine product to the public shall do all of the | 16296 |
| following: | 16297 |
| (1) Keep each ephedrine product, phenylpropanolamine product, | 16298 |
| or pseudoephedrine product in a secure, locked area in the place | 16299 |
| of business of the retailer or terminal distributor or, if the | 16300 |
| place of business is a pharmacy, behind the counter, so that no | 16301 |
| member of the public may procure or purchase the product without | 16302 |
| the direct assistance of a pharmacist or other authorized employee | 16303 |
| of the retailer or terminal distributor. | 16304 |
| (2) Prior to selling or providing any ephedrine product, | 16305 |
| phenylpropanolamine product, or pseudoephedrine product to any | 16306 |
| person, determine, by examination of a valid proof of age, that | 16307 |
| the purchaser or recipient is eighteen years of age or older. | 16308 |
| (C)(1) No retailer or terminal distributor of dangerous drugs | 16309 |
| that sells, offers to sell, holds for sale, delivers, or otherwise | 16310 |
| provides any ephedrine product, phenylpropanolamine product, or | 16311 |
| pseudoephedrine product to the public shall fail to comply with | 16312 |
| division (B)(1) of this section. | 16313 |
| (2) No retailer or terminal distributor of dangerous drugs | 16314 |
| shall sell, offer to sell, hold for sale, deliver, or otherwise | 16315 |
| provide any ephedrine product, phenylpropanolamine product, or | 16316 |
| pseudoephedrine product to an individual that the retailer or | 16317 |
| terminal distributor knows or reasonably should know is under | 16318 |
| eighteen years of age. | 16319 |
| (D) Whoever violates this section is guilty of "illegal | 16320 |
| transactions in an ephedrine, phenylpropanolamine, or | 16321 |
| pseudoephedrine product." Illegal transactions in an ephedrine, | 16322 |
| phenylpropanolamine, or pseudoephedrine product in violation of | 16323 |
| division (A) of this section is a misdemeanor, and the offender | 16324 |
| shall be fined not more than three hundred fifty dollars. Except | 16325 |
| as otherwise provided in this division, illegal transactions in an | 16326 |
| ephedrine, phenylpropanolamine, or pseudoephedrine product in | 16327 |
| violation of division (C)(1) or (2) of this section is a minor | 16328 |
| misdemeanor. If an offender who commits a violation of division | 16329 |
| (C)(1) or (2) of this section previously has been convicted of or | 16330 |
| pleaded guilty to a violation of division (A), (C)(1), or (C)(2) | 16331 |
| of this section, illegal transactions in an ephedrine, | 16332 |
| phenylpropanolamine, or pseudoephedrine product in violation of | 16333 |
| division (C)(1) or (2) of this section is a misdemeanor of the | 16334 |
| third degree. | 16335 |
| Sec. 2927.30. (A) As used in this section: | 16336 |
| (1) "Consumer product" means any food or drink that is | 16337 |
| consumed or used by humans and any drug, including a drug that may | 16338 |
| be provided legally only pursuant to a prescription, that is | 16339 |
| intended to be consumed or used by humans. | 16340 |
| (2) "Drug," "licensed health professional authorized to | 16341 |
| prescribe drugs," "prescription," and "terminal distributor of | 16342 |
| dangerous drugs" have the same meanings as in section 4729.01 of | 16343 |
| the Revised Code. | 16344 |
| (3) "Pharmacist" means a person licensed under Chapter 4729. | 16345 |
| of the Revised Code to engage in the practice of pharmacy. | 16346 |
| (4) "Pseudoephedrine" means any material, compound, mixture, | 16347 |
| or preparation that contains any quantity of pseudoephedrine, any | 16348 |
| of its salts, optical isomers, or salts of optical isomers. | 16349 |
| (5) "Pseudoephedrine product" means a consumer product | 16350 |
| consisting of a single-ingredient preparation of pseudoephedrine | 16351 |
| in which pseudoephedrine is the active ingredient. | 16352 |
| (6) "Retailer" means a place of business that offers consumer | 16353 |
| products for sale to the general public. | 16354 |
| (7) "Single-ingredient preparation" means a compound, | 16355 |
| mixture, preparation, or substance that contains a single active | 16356 |
| ingredient. | 16357 |
| (B) No individual shall purchase, receive, or otherwise | 16358 |
| acquire more than six grams of any pseudoephedrine product within | 16359 |
| a period of thirty days, unless dispensed by a pharmacist pursuant | 16360 |
| to a valid prescription issued by a licensed health care | 16361 |
| professional authorized to prescribe drugs. | 16362 |
| (C)(1) Except as provided in division (C)(2) of this section, | 16363 |
| no retailer or terminal distributor of dangerous drugs shall | 16364 |
| knowingly sell, offer to sell, hold for sale, deliver, or | 16365 |
| otherwise provide to any individual within a thirty-day period an | 16366 |
| amount of pseudoephedrine product that is greater than the lesser | 16367 |
| of two packages or six grams. | 16368 |
| (2) Division (C)(1) of this section does not apply to any | 16369 |
| quantity of pseudoephedrine product dispensed by a pharmacist | 16370 |
| pursuant to a valid prescription issued by a licensed health | 16371 |
| professional authorized to prescribe drugs. | 16372 |
| (D)(1) Except as provided in division (D)(2) of this section, | 16373 |
| no retailer or terminal distributor of dangerous drugs shall sell, | 16374 |
| offer to sell, hold for sale, deliver, or otherwise provide a | 16375 |
| pseudoephedrine product to an individual who is under eighteen | 16376 |
| years of age. | 16377 |
| (2) This division does not apply to any of the following: | 16378 |
| (a) A licensed health professional authorized to prescribe | 16379 |
| drugs or a pharmacist who dispenses, sells, or otherwise provides | 16380 |
| a pseudoephedrine product to an individual under eighteen years of | 16381 |
| age; | 16382 |
| (b) A parent or guardian of an individual under eighteen | 16383 |
| years of age who provides a pseudoephedrine product to the | 16384 |
| individual; | 16385 |
| (c) A person who, as authorized by the individual's parent or | 16386 |
| guardian, dispenses, sells, or otherwise provides a | 16387 |
| pseudoephedrine product to an individual under eighteen years of | 16388 |
| age. | 16389 |
| (E) No employee of a retailer or terminal distributor of | 16390 |
| dangerous drugs who is under eighteen years of age shall sell, | 16391 |
| offer to sell, hold for sale, deliver, or otherwise provide any | 16392 |
| pseudoephedrine product to any individual. | 16393 |
| Sec. 2929.13. (A) Except as provided in division (E), (F), | 16394 |
| or (G) of this section and unless a specific sanction is required | 16395 |
| to be imposed or is precluded from being imposed pursuant to law, | 16396 |
| a court that imposes a sentence upon an offender for a felony may | 16397 |
| impose any sanction or combination of sanctions on the offender | 16398 |
| that are provided in sections 2929.14 to 2929.18 of the Revised | 16399 |
| Code. The sentence shall not impose an unnecessary burden on state | 16400 |
| or local government resources. | 16401 |
| If the offender is eligible to be sentenced to community | 16402 |
| control sanctions, the court shall consider the appropriateness of | 16403 |
| imposing a financial sanction pursuant to section 2929.18 of the | 16404 |
| Revised Code or a sanction of community service pursuant to | 16405 |
| section 2929.17 of the Revised Code as the sole sanction for the | 16406 |
| offense. Except as otherwise provided in this division, if the | 16407 |
| court is required to impose a mandatory prison term for the | 16408 |
| offense for which sentence is being imposed, the court also may | 16409 |
| impose a financial sanction pursuant to section 2929.18 of the | 16410 |
| Revised Code but may not impose any additional sanction or | 16411 |
| combination of sanctions under section 2929.16 or 2929.17 of the | 16412 |
| Revised Code. | 16413 |
| If the offender is being sentenced for a fourth degree felony | 16414 |
| OVI offense or for a third degree felony OVI offense, in addition | 16415 |
| to the mandatory term of local incarceration or the mandatory | 16416 |
| prison term required for the offense by division (G)(1) or (2) of | 16417 |
| this section, the court shall impose upon the offender a mandatory | 16418 |
| fine in accordance with division (B)(3) of section 2929.18 of the | 16419 |
| Revised Code and may impose whichever of the following is | 16420 |
| applicable: | 16421 |
| (1) For a fourth degree felony OVI offense for which sentence | 16422 |
| is imposed under division (G)(1) of this section, an additional | 16423 |
| community control sanction or combination of community control | 16424 |
| sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 16425 |
| the court imposes upon the offender a community control sanction | 16426 |
| and the offender violates any condition of the community control | 16427 |
| sanction, the court may take any action prescribed in division (B) | 16428 |
| of section 2929.15 of the Revised Code relative to the offender, | 16429 |
| including imposing a prison term on the offender pursuant to that | 16430 |
| division. | 16431 |
| (2) For a third or fourth degree felony OVI offense for which | 16432 |
| sentence is imposed under division (G)(2) of this section, an | 16433 |
| additional prison term as described in division (D)(4) of section | 16434 |
| 2929.14 of the Revised Code or a community control sanction as | 16435 |
| described in division (G)(2) of this section. | 16436 |
| (B)(1) Except as provided in division (B)(2), (E), (F), or | 16437 |
| (G) of this section, in sentencing an offender for a felony of the | 16438 |
| fourth or fifth degree, the sentencing court shall determine | 16439 |
| whether any of the following apply: | 16440 |
| (a) In committing the offense, the offender caused physical | 16441 |
| harm to a person. | 16442 |
| (b) In committing the offense, the offender attempted to | 16443 |
| cause or made an actual threat of physical harm to a person with a | 16444 |
| deadly weapon. | 16445 |
| (c) In committing the offense, the offender attempted to | 16446 |
| cause or made an actual threat of physical harm to a person, and | 16447 |
| the offender previously was convicted of an offense that caused | 16448 |
| physical harm to a person. | 16449 |
| (d) The offender held a public office or position of trust | 16450 |
| and the offense related to that office or position; the offender's | 16451 |
| position obliged the offender to prevent the offense or to bring | 16452 |
| those committing it to justice; or the offender's professional | 16453 |
| reputation or position facilitated the offense or was likely to | 16454 |
| influence the future conduct of others. | 16455 |
| (e) The offender committed the offense for hire or as part of | 16456 |
| an organized criminal activity. | 16457 |
| (f) The offense is a sex offense that is a fourth or fifth | 16458 |
| degree felony violation of section 2907.03, 2907.04, 2907.05, | 16459 |
| 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 16460 |
| Revised Code. | 16461 |
| (g) The offender at the time of the offense was serving, or | 16462 |
| the offender previously had served, a prison term. | 16463 |
| (h) The offender committed the offense while under a | 16464 |
| community control sanction, while on probation, or while released | 16465 |
| from custody on a bond or personal recognizance. | 16466 |
| (i) The offender committed the offense while in possession of | 16467 |
| a firearm. | 16468 |
| (2)(a) If the court makes a finding described in division | 16469 |
| (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 16470 |
| section and if the court, after considering the factors set forth | 16471 |
| in section 2929.12 of the Revised Code, finds that a prison term | 16472 |
| is consistent with the purposes and principles of sentencing set | 16473 |
| forth in section 2929.11 of the Revised Code and finds that the | 16474 |
| offender is not amenable to an available community control | 16475 |
| sanction, the court shall impose a prison term upon the offender. | 16476 |
| (b) Except as provided in division (E), (F), or (G) of this | 16477 |
| section, if the court does not make a finding described in | 16478 |
| division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 16479 |
| this section and if the court, after considering the factors set | 16480 |
| forth in section 2929.12 of the Revised Code, finds that a | 16481 |
| community control sanction or combination of community control | 16482 |
| sanctions is consistent with the purposes and principles of | 16483 |
| sentencing set forth in section 2929.11 of the Revised Code, the | 16484 |
| court shall impose a community control sanction or combination of | 16485 |
| community control sanctions upon the offender. | 16486 |
| (C) Except as provided in division (E), (F), or (G) of this | 16487 |
| section, in determining whether to impose a prison term as a | 16488 |
| sanction for a felony of the third degree or a felony drug offense | 16489 |
| that is a violation of a provision of Chapter 2925. of the Revised | 16490 |
| Code and that is specified as being subject to this division for | 16491 |
| purposes of sentencing, the sentencing court shall comply with the | 16492 |
| purposes and principles of sentencing under section 2929.11 of the | 16493 |
| Revised Code and with section 2929.12 of the Revised Code. | 16494 |
| (D) Except as provided in division (E) or (F) of this | 16495 |
| section, for a felony of the first or second degree and for a | 16496 |
| felony drug offense that is a violation of any provision of | 16497 |
| Chapter 2925., 3719., or 4729. of the Revised Code for which a | 16498 |
| presumption in favor of a prison term is specified as being | 16499 |
| applicable, it is presumed that a prison term is necessary in | 16500 |
| order to comply with the purposes and principles of sentencing | 16501 |
| under section 2929.11 of the Revised Code. Notwithstanding the | 16502 |
| presumption established under this division, the sentencing court | 16503 |
| may impose a community control sanction or a combination of | 16504 |
| community control sanctions instead of a prison term on an | 16505 |
| offender for a felony of the first or second degree or for a | 16506 |
| felony drug offense that is a violation of any provision of | 16507 |
| Chapter 2925., 3719., or 4729. of the Revised Code for which a | 16508 |
| presumption in favor of a prison term is specified as being | 16509 |
| applicable if it makes both of the following findings: | 16510 |
| (1) A community control sanction or a combination of | 16511 |
| community control sanctions would adequately punish the offender | 16512 |
| and protect the public from future crime, because the applicable | 16513 |
| factors under section 2929.12 of the Revised Code indicating a | 16514 |
| lesser likelihood of recidivism outweigh the applicable factors | 16515 |
| under that section indicating a greater likelihood of recidivism. | 16516 |
| (2) A community control sanction or a combination of | 16517 |
| community control sanctions would not demean the seriousness of | 16518 |
| the offense, because one or more factors under section 2929.12 of | 16519 |
| the Revised Code that indicate that the offender's conduct was | 16520 |
| less serious than conduct normally constituting the offense are | 16521 |
| applicable, and they outweigh the applicable factors under that | 16522 |
| section that indicate that the offender's conduct was more serious | 16523 |
| than conduct normally constituting the offense. | 16524 |
| (E)(1) Except as provided in division (F) of this section, | 16525 |
| for any drug offense that is a violation of any provision of | 16526 |
| Chapter 2925. of the Revised Code and that is a felony of the | 16527 |
| third, fourth, or fifth degree, the applicability of a presumption | 16528 |
| under division (D) of this section in favor of a prison term or of | 16529 |
| division (B) or (C) of this section in determining whether to | 16530 |
| impose a prison term for the offense shall be determined as | 16531 |
| specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 16532 |
| 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 16533 |
| Revised Code, whichever is applicable regarding the violation. | 16534 |
| (2) If an offender who was convicted of or pleaded guilty to | 16535 |
| a felony violates the conditions of a community control sanction | 16536 |
| imposed for the offense solely by reason of producing positive | 16537 |
| results on a drug test, the court, as punishment for the violation | 16538 |
| of the sanction, shall not order that the offender be imprisoned | 16539 |
| unless the court determines on the record either of the following: | 16540 |
| (a) The offender had been ordered as a sanction for the | 16541 |
| felony to participate in a drug treatment program, in a drug | 16542 |
| education program, or in narcotics anonymous or a similar program, | 16543 |
| and the offender continued to use illegal drugs after a reasonable | 16544 |
| period of participation in the program. | 16545 |
| (b) The imprisonment of the offender for the violation is | 16546 |
| consistent with the purposes and principles of sentencing set | 16547 |
| forth in section 2929.11 of the Revised Code. | 16548 |
| (F) Notwithstanding divisions (A) to (E) of this section, the | 16549 |
| court shall impose a prison term or terms under sections 2929.02 | 16550 |
| to 2929.06, section 2929.14, or section 2971.03 of the Revised | 16551 |
| Code, and except as specifically provided in
section
2929.20 | 16552 |
| 2967.191, or 2967.24 of the Revised Code or when parole is | 16553 |
| authorized for the offense under section 2967.13 of the Revised | 16554 |
|
Code, the terms shall not | 16555 |
| section 2929.20, section 2967.193, or any other provision of | 16556 |
| Chapter 2967. or Chapter 5120. of the Revised Code for any of the | 16557 |
| following offenses: | 16558 |
| (1) Aggravated murder when death is not imposed or murder; | 16559 |
| (2) Any rape, regardless of whether force was involved and | 16560 |
| regardless of the age of the victim, or an attempt to commit rape | 16561 |
| if, had the offender completed the rape that was attempted, the | 16562 |
| offender would have been subject to a sentence of life | 16563 |
| imprisonment or life imprisonment without parole for the rape; | 16564 |
| (3) Gross sexual imposition or sexual battery, if the victim | 16565 |
| is under thirteen years of age, if the offender previously was | 16566 |
| convicted of or pleaded guilty to rape, the former offense of | 16567 |
| felonious sexual penetration, gross sexual imposition, or sexual | 16568 |
| battery, and if the victim of the previous offense was under | 16569 |
| thirteen years of age; | 16570 |
| (4) A felony violation of section 2903.04, 2903.06, 2903.08, | 16571 |
| 2903.11, 2903.12, or 2903.13 of the Revised Code if the section | 16572 |
| requires the imposition of a prison term; | 16573 |
| (5) A first, second, or third degree felony drug offense for | 16574 |
| which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 16575 |
| 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 16576 |
| 4729.99 of the Revised Code, whichever is applicable regarding the | 16577 |
| violation, requires the imposition of a mandatory prison term; | 16578 |
| (6) Any offense that is a first or second degree felony and | 16579 |
| that is not set forth in division (F)(1), (2), (3), or (4) of this | 16580 |
| section, if the offender previously was convicted of or pleaded | 16581 |
| guilty to aggravated murder, murder, any first or second degree | 16582 |
| felony, or an offense under an existing or former law of this | 16583 |
| state, another state, or the United States that is or was | 16584 |
| substantially equivalent to one of those offenses; | 16585 |
| (7) Any offense that is a third degree felony and that is | 16586 |
| listed in division (DD)(1) of section 2929.01 of the Revised Code | 16587 |
| if the offender previously was convicted of or pleaded guilty to | 16588 |
| any offense that is listed in division (DD)(2)(a)(i) or (ii) of | 16589 |
| section 2929.01 of the Revised Code; | 16590 |
| (8) Any offense, other than a violation of section 2923.12 of | 16591 |
| the Revised Code, that is a felony, if the offender had a firearm | 16592 |
| on or about the offender's person or under the offender's control | 16593 |
| while committing the felony, with respect to a portion of the | 16594 |
| sentence imposed pursuant to division (D)(1)(a) of section 2929.14 | 16595 |
| of the Revised Code for having the firearm; | 16596 |
| (9) Any offense of violence that is a felony, if the offender | 16597 |
| wore or carried body armor while committing the felony offense of | 16598 |
| violence, with respect to the portion of the sentence imposed | 16599 |
| pursuant to division (D)(1)(d) of section 2929.14 of the Revised | 16600 |
| Code for wearing or carrying the body armor; | 16601 |
| (10) Corrupt activity in violation of section 2923.32 of the | 16602 |
| Revised Code when the most serious offense in the pattern of | 16603 |
| corrupt activity that is the basis of the offense is a felony of | 16604 |
| the first degree; | 16605 |
| (11) Any violent sex offense or designated homicide, assault, | 16606 |
| or kidnapping offense if, in relation to that offense, the | 16607 |
| offender is adjudicated a sexually violent predator; | 16608 |
| (12) A violation of division (A)(1) or (2) of section 2921.36 | 16609 |
| of the Revised Code, or a violation of division (C) of that | 16610 |
| section involving an item listed in division (A)(1) or (2) of that | 16611 |
| section, if the offender is an officer or employee of the | 16612 |
| department of rehabilitation and correction; | 16613 |
| (13) A violation of division (A)(1) or (2) of section 2903.06 | 16614 |
| of the Revised Code if the victim of the offense is a peace | 16615 |
| officer, as defined in section 2935.01 of the Revised Code, with | 16616 |
| respect to the portion of the sentence imposed pursuant to | 16617 |
| division (D)(5) of section 2929.14 of the Revised Code; | 16618 |
| (14) A violation of division (A)(1) or (2) of section 2903.06 | 16619 |
| of the Revised Code if the offender has been convicted of or | 16620 |
| pleaded guilty to three or more violations of division (A) or (B) | 16621 |
| of section 4511.19 of the Revised Code or an equivalent offense, | 16622 |
| as defined in section 2941.1415 of the Revised Code, or three or | 16623 |
| more violations of any combination of those divisions and | 16624 |
| offenses, with respect to the portion of the sentence imposed | 16625 |
| pursuant to division (D)(6) of section 2929.14 of the Revised | 16626 |
| Code. | 16627 |
| (G) Notwithstanding divisions (A) to (E) of this section, if | 16628 |
| an offender is being sentenced for a fourth degree felony OVI | 16629 |
| offense or for a third degree felony OVI offense, the court shall | 16630 |
| impose upon the offender a mandatory term of local incarceration | 16631 |
| or a mandatory prison term in accordance with the following: | 16632 |
| (1) If the offender is being sentenced for a fourth degree | 16633 |
| felony OVI offense and if the offender has not been convicted of | 16634 |
| and has not pleaded guilty to a specification of the type | 16635 |
| described in section 2941.1413 of the Revised Code, the court may | 16636 |
| impose upon the offender a mandatory term of local incarceration | 16637 |
| of sixty days or one hundred twenty days as specified in division | 16638 |
| (G)(1)(d) of section 4511.19
of
the Revised Code. | 16639 |
| Subject to section 2967.24 of the Revised Code, the term shall not | 16640 |
| 16641 | |
| or any other provision of the Revised Code. The court that imposes | 16642 |
| a mandatory term of local incarceration under this division shall | 16643 |
| specify whether the term is to be served in a jail, a | 16644 |
| community-based correctional facility, a halfway house, or an | 16645 |
| alternative residential facility, and the offender shall serve the | 16646 |
| term in the type of facility specified by the court. A mandatory | 16647 |
| term of local incarceration imposed under division (G)(1) of this | 16648 |
| section is not subject to extension under section 2967.11 of the | 16649 |
| Revised Code, to a period of post-release control under section | 16650 |
| 2967.28 of the Revised Code, or to any other Revised Code | 16651 |
| provision that pertains to a prison term except as provided in | 16652 |
| division (A)(1) of this section. | 16653 |
| (2) If the offender is being sentenced for a third degree | 16654 |
| felony OVI offense, or if the offender is being sentenced for a | 16655 |
| fourth degree felony OVI offense and the court does not impose a | 16656 |
| mandatory term of local incarceration under division (G)(1) of | 16657 |
| this section, the court shall impose upon the offender a mandatory | 16658 |
| prison term of one, two, three, four, or five years if the | 16659 |
| offender also is convicted of or also pleads guilty to a | 16660 |
| specification of the type described in section 2941.1413 of the | 16661 |
| Revised Code or shall impose upon the offender a mandatory prison | 16662 |
| term of sixty days or one hundred twenty days as specified in | 16663 |
| division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 16664 |
| if the offender has not been convicted of and has not pleaded | 16665 |
| guilty to a specification of that type. | 16666 |
| section 2967.24 of the Revised Code, the term shall not | 16667 |
| 16668 | |
| other provision of the Revised Code. The offender shall serve the | 16669 |
| one-, two-, three-, four-, or five-year mandatory prison term | 16670 |
| consecutively to and prior to the prison term imposed for the | 16671 |
| underlying offense and consecutively to any other mandatory prison | 16672 |
| term imposed in relation to the offense. In no case shall an | 16673 |
| offender who once has been sentenced to a mandatory term of local | 16674 |
| incarceration pursuant to division (G)(1) of this section for a | 16675 |
| fourth degree felony OVI offense be sentenced to another mandatory | 16676 |
| term of local incarceration under that division for any violation | 16677 |
| of division (A) of section 4511.19 of the Revised Code. In | 16678 |
| addition to the mandatory prison term described in division (G)(2) | 16679 |
| of this section, the court may sentence the offender to a | 16680 |
| community control sanction under section 2929.16 or 2929.17 of the | 16681 |
| Revised Code, but the offender shall serve the prison term prior | 16682 |
| to serving the community control sanction. The department of | 16683 |
| rehabilitation and correction may place an offender sentenced to a | 16684 |
| mandatory prison term under this division in an intensive program | 16685 |
| prison established pursuant to section 5120.033 of the Revised | 16686 |
| Code if the department gave the sentencing judge prior notice of | 16687 |
| its intent to place the offender in an intensive program prison | 16688 |
| established under that section and if the judge did not notify the | 16689 |
| department that the judge disapproved the placement. Upon the | 16690 |
| establishment of the initial intensive program prison pursuant to | 16691 |
| section 5120.033 of the Revised Code that is privately operated | 16692 |
| and managed by a contractor pursuant to a contract entered into | 16693 |
| under section 9.06 of the Revised Code, both of the following | 16694 |
| apply: | 16695 |
| (a) The department of rehabilitation and correction shall | 16696 |
| make a reasonable effort to ensure that a sufficient number of | 16697 |
| offenders sentenced to a mandatory prison term under this division | 16698 |
| are placed in the privately operated and managed prison so that | 16699 |
| the privately operated and managed prison has full occupancy. | 16700 |
| (b) Unless the privately operated and managed prison has full | 16701 |
| occupancy, the department of rehabilitation and correction shall | 16702 |
| not place any offender sentenced to a mandatory prison term under | 16703 |
| this division in any intensive program prison established pursuant | 16704 |
| to section 5120.033 of the Revised Code other than the privately | 16705 |
| operated and managed prison. | 16706 |
| (H) If an offender is being sentenced for a sexually oriented | 16707 |
| offense committed on or after January 1, 1997, the judge shall | 16708 |
| require the offender to submit to a DNA specimen collection | 16709 |
| procedure pursuant to section 2901.07 of the Revised Code if | 16710 |
| either of the following applies: | 16711 |
| (1) The offense was a violent sex offense or a designated | 16712 |
| homicide, assault, or kidnapping offense and, in relation to that | 16713 |
| offense, the offender was adjudicated a sexually violent predator. | 16714 |
| (2) The judge imposing sentence for the sexually oriented | 16715 |
| offense determines pursuant to division (B) of section 2950.09 of | 16716 |
| the Revised Code that the offender is a sexual predator. | 16717 |
| (I) If an offender is being sentenced for a sexually oriented | 16718 |
| offense that is not a registration-exempt sexually oriented | 16719 |
| offense or for a child-victim oriented offense committed on or | 16720 |
| after January 1, 1997, the judge shall include in the sentence a | 16721 |
| summary of the offender's duties imposed under sections 2950.04, | 16722 |
| 2950.041, 2950.05, and 2950.06 of the Revised Code and the | 16723 |
| duration of the duties. The judge shall inform the offender, at | 16724 |
| the time of sentencing, of those duties and of their duration and, | 16725 |
| if required under division (A)(2) of section 2950.03 of the | 16726 |
| Revised Code, shall perform the duties specified in that section. | 16727 |
| (J)(1) Except as provided in division (J)(2) of this section, | 16728 |
| when considering sentencing factors under this section in relation | 16729 |
| to an offender who is convicted of or pleads guilty to an attempt | 16730 |
| to commit an offense in violation of section 2923.02 of the | 16731 |
| Revised Code, the sentencing court shall consider the factors | 16732 |
| applicable to the felony category of the violation of section | 16733 |
| 2923.02 of the Revised Code instead of the factors applicable to | 16734 |
| the felony category of the offense attempted. | 16735 |
| (2) When considering sentencing factors under this section in | 16736 |
| relation to an offender who is convicted of or pleads guilty to an | 16737 |
| attempt to commit a drug abuse offense for which the penalty is | 16738 |
| determined by the amount or number of unit doses of the controlled | 16739 |
| substance involved in the drug abuse offense, the sentencing court | 16740 |
| shall consider the factors applicable to the felony category that | 16741 |
| the drug abuse offense attempted would be if that drug abuse | 16742 |
| offense had been committed and had involved an amount or number of | 16743 |
| unit doses of the controlled substance that is within the next | 16744 |
| lower range of controlled substance amounts than was involved in | 16745 |
| the attempt. | 16746 |
| (K) As used in this section, "drug abuse offense" has the | 16747 |
| same meaning as in section 2925.01 of the Revised Code. | 16748 |
| Sec. 2929.14. (A) Except as provided in division (C), | 16749 |
| (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this | 16750 |
| section and except in relation to an offense for which a sentence | 16751 |
| of death or life imprisonment is to be imposed, if the court | 16752 |
| imposing a sentence upon an offender for a felony elects or is | 16753 |
| required to impose a prison term on the offender pursuant to this | 16754 |
| chapter, the court shall impose a definite prison term that shall | 16755 |
| be one of the following: | 16756 |
| (1) For a felony of the first degree, the prison term shall | 16757 |
| be three, four, five, six, seven, eight, nine, or ten years. | 16758 |
| (2) For a felony of the second degree, the prison term shall | 16759 |
| be two, three, four, five, six, seven, or eight years. | 16760 |
| (3) For a felony of the third degree, the prison term shall | 16761 |
| be one, two, three, four, or five years. | 16762 |
| (4) For a felony of the fourth degree, the prison term shall | 16763 |
| be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 16764 |
| fourteen, fifteen, sixteen, seventeen, or eighteen months. | 16765 |
| (5) For a felony of the fifth degree, the prison term shall | 16766 |
| be six, seven, eight, nine, ten, eleven, or twelve months. | 16767 |
| (B) Except as provided in division (C), (D)(1), (D)(2), | 16768 |
| (D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 16769 |
| of the Revised Code, or in Chapter 2925. of the Revised Code, if | 16770 |
| the court imposing a sentence upon an offender for a felony elects | 16771 |
| or is required to impose a prison term on the offender, the court | 16772 |
| shall impose the shortest prison term authorized for the offense | 16773 |
| pursuant to division (A) of this section, unless one or more of | 16774 |
| the following applies: | 16775 |
| (1) The offender was serving a prison term at the time of the | 16776 |
| offense, or the offender previously had served a prison term. | 16777 |
| (2) The court finds on the record that the shortest prison | 16778 |
| term will demean the seriousness of the offender's conduct or will | 16779 |
| not adequately protect the public from future crime by the | 16780 |
| offender or others. | 16781 |
| (C) Except as provided in division (G) of this section or in | 16782 |
| Chapter 2925. of the Revised Code, the court imposing a sentence | 16783 |
| upon an offender for a felony may impose the longest prison term | 16784 |
| authorized for the offense pursuant to division (A) of this | 16785 |
| section only upon offenders who committed the worst forms of the | 16786 |
| offense, upon offenders who pose the greatest likelihood of | 16787 |
| committing future crimes, upon certain major drug offenders under | 16788 |
| division (D)(3) of this section, and upon certain repeat violent | 16789 |
| offenders in accordance with division (D)(2) of this section. | 16790 |
| (D)(1)(a) Except as provided in division (D)(1)(e) of this | 16791 |
| section, if an offender who is convicted of or pleads guilty to a | 16792 |
| felony also is convicted of or pleads guilty to a specification of | 16793 |
| the type described in section 2941.141, 2941.144, or 2941.145 of | 16794 |
| the Revised Code, the court shall impose on the offender one of | 16795 |
| the following prison terms: | 16796 |
| (i) A prison term of six years if the specification is of the | 16797 |
| type described in section 2941.144 of the Revised Code that | 16798 |
| charges the offender with having a firearm that is an automatic | 16799 |
| firearm or that was equipped with a firearm muffler or silencer on | 16800 |
| or about the offender's person or under the offender's control | 16801 |
| while committing the felony; | 16802 |
| (ii) A prison term of three years if the specification is of | 16803 |
| the type described in section 2941.145 of the Revised Code that | 16804 |
| charges the offender with having a firearm on or about the | 16805 |
| offender's person or under the offender's control while committing | 16806 |
| the offense and displaying the firearm, brandishing the firearm, | 16807 |
| indicating that the offender possessed the firearm, or using it to | 16808 |
| facilitate the offense; | 16809 |
| (iii) A prison term of one year if the specification is of | 16810 |
| the type described in section 2941.141 of the Revised Code that | 16811 |
| charges the offender with having a firearm on or about the | 16812 |
| offender's person or under the offender's control while committing | 16813 |
| the felony. | 16814 |
| (b) If a court imposes a prison term on an offender under | 16815 |
| division (D)(1)(a) of this section, subject to section 2967.24 of | 16816 |
| the Revised Code, the prison term shall not be reduced pursuant to | 16817 |
| section 2929.20, section 2967.193, or any other provision of | 16818 |
| Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 16819 |
| not impose more than one prison term on an offender under division | 16820 |
| (D)(1)(a) of this section for felonies committed as part of the | 16821 |
| same act or transaction. | 16822 |
| (c) Except as provided in division (D)(1)(e) of this section, | 16823 |
| if an offender who is convicted of or pleads guilty to a violation | 16824 |
| of section 2923.161 of the Revised Code or to a felony that | 16825 |
| includes, as an essential element, purposely or knowingly causing | 16826 |
| or attempting to cause the death of or physical harm to another, | 16827 |
| also is convicted of or pleads guilty to a specification of the | 16828 |
| type described in section 2941.146 of the Revised Code that | 16829 |
| charges the offender with committing the offense by discharging a | 16830 |
| firearm from a motor vehicle other than a manufactured home, the | 16831 |
| court, after imposing a prison term on the offender for the | 16832 |
| violation of section 2923.161 of the Revised Code or for the other | 16833 |
| felony offense under division (A), (D)(2), or (D)(3) of this | 16834 |
| section, shall impose an additional prison term of five years upon | 16835 |
| the offender that, subject to section 2967.24 of the Revised Code, | 16836 |
| shall not be reduced pursuant to section 2929.20, section | 16837 |
| 2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 16838 |
| of the Revised Code. A court shall not impose more than one | 16839 |
| additional prison term on an offender under division (D)(1)(c) of | 16840 |
| this section for felonies committed as part of the same act or | 16841 |
| transaction. If a court imposes an additional prison term on an | 16842 |
| offender under division (D)(1)(c) of this section relative to an | 16843 |
| offense, the court also shall impose a prison term under division | 16844 |
| (D)(1)(a) of this section relative to the same offense, provided | 16845 |
| the criteria specified in that division for imposing an additional | 16846 |
| prison term are satisfied relative to the offender and the | 16847 |
| offense. | 16848 |
| (d) If an offender who is convicted of or pleads guilty to an | 16849 |
| offense of violence that is a felony also is convicted of or | 16850 |
| pleads guilty to a specification of the type described in section | 16851 |
| 2941.1411 of the Revised Code that charges the offender with | 16852 |
| wearing or carrying body armor while committing the felony offense | 16853 |
| of violence, the court shall impose on the offender a prison term | 16854 |
|
of two years. | 16855 |
| the prison term so imposed shall not be reduced pursuant to | 16856 |
| section 2929.20, section 2967.193, or any other provision of | 16857 |
| Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 16858 |
| not impose more than one prison term on an offender under division | 16859 |
| (D)(1)(d) of this section for felonies committed as part of the | 16860 |
| same act or transaction. If a court imposes an additional prison | 16861 |
| term under division (D)(1)(a) or (c) of this section, the court is | 16862 |
| not precluded from imposing an additional prison term under | 16863 |
| division (D)(1)(d) of this section. | 16864 |
| (e) The court shall not impose any of the prison terms | 16865 |
| described in division (D)(1)(a) of this section or any of the | 16866 |
| additional prison terms described in division (D)(1)(c) of this | 16867 |
| section upon an offender for a violation of section 2923.12 or | 16868 |
| 2923.123 of the Revised Code. The court shall not impose any of | 16869 |
| the prison terms described in division (D)(1)(a) of this section | 16870 |
| or any of the additional prison terms described in division | 16871 |
| (D)(1)(c) of this section upon an offender for a violation of | 16872 |
| section 2923.13 of the Revised Code unless all of the following | 16873 |
| apply: | 16874 |
| (i) The offender previously has been convicted of aggravated | 16875 |
| murder, murder, or any felony of the first or second degree. | 16876 |
| (ii) Less than five years have passed since the offender was | 16877 |
| released from prison or post-release control, whichever is later, | 16878 |
| for the prior offense. | 16879 |
| (f) If an offender is convicted of or pleads guilty to a | 16880 |
| felony that includes, as an essential element, causing or | 16881 |
| attempting to cause the death of or physical harm to another and | 16882 |
| also is convicted of or pleads guilty to a specification of the | 16883 |
| type described in section 2941.1412 of the Revised Code that | 16884 |
| charges the offender with committing the offense by discharging a | 16885 |
| firearm at a peace officer as defined in section 2935.01 of the | 16886 |
| Revised Code or a corrections officer as defined in section | 16887 |
| 2941.1412 of the Revised Code, the court, after imposing a prison | 16888 |
| term on the offender for the felony offense under division (A), | 16889 |
| (D)(2), or (D)(3) of this section, shall impose an additional | 16890 |
| prison term of seven years upon the offender that, subject to | 16891 |
| section 2967.24 of the Revised Code, shall not be reduced pursuant | 16892 |
| to section 2929.20, section 2967.193, or any other provision of | 16893 |
| Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 16894 |
| not impose more than one additional prison term on an offender | 16895 |
| under division (D)(1)(f) of this section for felonies committed as | 16896 |
| part of the same act or transaction. If a court imposes an | 16897 |
| additional prison term on an offender under division (D)(1)(f) of | 16898 |
| this section relative to an offense, the court shall not impose a | 16899 |
| prison term under division (D)(1)(a) or (c) of this section | 16900 |
| relative to the same offense. | 16901 |
| (2)(a) If an offender who is convicted of or pleads guilty to | 16902 |
| a felony also is convicted of or pleads guilty to a specification | 16903 |
| of the type described in section 2941.149 of the Revised Code that | 16904 |
| the offender is a repeat violent offender, the court shall impose | 16905 |
| a prison term from the range of terms authorized for the offense | 16906 |
| under division (A) of this section that may be the longest term in | 16907 |
| the range and that, subject to section 2967.24 of the Revised | 16908 |
| Code, shall not be reduced pursuant to section 2929.20, section | 16909 |
| 2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 16910 |
| of the Revised Code. If the court finds that the repeat violent | 16911 |
| offender, in committing the offense, caused any physical harm that | 16912 |
| carried a substantial risk of death to a person or that involved | 16913 |
| substantial permanent incapacity or substantial permanent | 16914 |
| disfigurement of a person, the court shall impose the longest | 16915 |
| prison term from the range of terms authorized for the offense | 16916 |
| under division (A) of this section. | 16917 |
| (b) If the court imposing a prison term on a repeat violent | 16918 |
| offender imposes the longest prison term from the range of terms | 16919 |
| authorized for the offense under division (A) of this section, the | 16920 |
| court may impose on the offender an additional definite prison | 16921 |
| term of one, two, three, four, five, six, seven, eight, nine, or | 16922 |
| ten years if the court finds that both of the following apply with | 16923 |
| respect to the prison terms imposed on the offender pursuant to | 16924 |
| division (D)(2)(a) of this section and, if applicable, divisions | 16925 |
| (D)(1) and (3) of this section: | 16926 |
| (i) The terms so imposed are inadequate to punish the | 16927 |
| offender and protect the public from future crime, because the | 16928 |
| applicable factors under section 2929.12 of the Revised Code | 16929 |
| indicating a greater likelihood of recidivism outweigh the | 16930 |
| applicable factors under that section indicating a lesser | 16931 |
| likelihood of recidivism. | 16932 |
| (ii) The terms so imposed are demeaning to the seriousness of | 16933 |
| the offense, because one or more of the factors under section | 16934 |
| 2929.12 of the Revised Code indicating that the offender's conduct | 16935 |
| is more serious than conduct normally constituting the offense are | 16936 |
| present, and they outweigh the applicable factors under that | 16937 |
| section indicating that the offender's conduct is less serious | 16938 |
| than conduct normally constituting the offense. | 16939 |
| (3)(a) Except when an offender commits a violation of section | 16940 |
| 2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 16941 |
| the violation is life imprisonment or commits a violation of | 16942 |
| section 2903.02 of the Revised Code, if the offender commits a | 16943 |
| violation of section 2925.03 or 2925.11 of the Revised Code and | 16944 |
| that section classifies the offender as a major drug offender and | 16945 |
| requires the imposition of a ten-year prison term on the offender, | 16946 |
| if the offender commits a felony violation of section 2925.02, | 16947 |
| 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 16948 |
| 4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 16949 |
| division (C) of section 4729.51, or division (J) of section | 16950 |
| 4729.54 of the Revised Code that includes the sale, offer to sell, | 16951 |
| or possession of a schedule I or II controlled substance, with the | 16952 |
| exception of marihuana, and the court imposing sentence upon the | 16953 |
| offender finds that the offender is guilty of a specification of | 16954 |
| the type described in section 2941.1410 of the Revised Code | 16955 |
| charging that the offender is a major drug offender, if the court | 16956 |
| imposing sentence upon an offender for a felony finds that the | 16957 |
| offender is guilty of corrupt activity with the most serious | 16958 |
| offense in the pattern of corrupt activity being a felony of the | 16959 |
| first degree, or if the offender is guilty of an attempted | 16960 |
| violation of section 2907.02 of the Revised Code and, had the | 16961 |
| offender completed the violation of section 2907.02 of the Revised | 16962 |
| Code that was attempted, the offender would have been subject to a | 16963 |
| sentence of life imprisonment or life imprisonment without parole | 16964 |
| for the violation of section 2907.02 of the Revised Code, the | 16965 |
| court shall impose upon the offender for the felony violation a | 16966 |
| ten-year prison term that, subject to section 2967.24 of the | 16967 |
| Revised Code, cannot be reduced pursuant to section 2929.20 or | 16968 |
| Chapter 2967. or 5120. of the Revised Code. | 16969 |
| (b) The court imposing a prison term on an offender under | 16970 |
| division (D)(3)(a) of this section may impose an additional prison | 16971 |
| term of one, two, three, four, five, six, seven, eight, nine, or | 16972 |
| ten years, if the court, with respect to the term imposed under | 16973 |
| division (D)(3)(a) of this section and, if applicable, divisions | 16974 |
| (D)(1) and (2) of this section, makes both of the findings set | 16975 |
| forth in divisions (D)(2)(b)(i) and (ii) of this section. | 16976 |
| (4) If the offender is being sentenced for a third or fourth | 16977 |
| degree felony OVI offense under division (G)(2) of section 2929.13 | 16978 |
| of the Revised Code, the sentencing court shall impose upon the | 16979 |
| offender a mandatory prison term in accordance with that division. | 16980 |
| In addition to the mandatory prison term, if the offender is being | 16981 |
| sentenced for a fourth degree felony OVI offense, the court, | 16982 |
| notwithstanding division (A)(4) of this section, may sentence the | 16983 |
| offender to a definite prison term of not less than six months and | 16984 |
| not more than thirty months, and if the offender is being | 16985 |
| sentenced for a third degree felony OVI offense, the sentencing | 16986 |
| court may sentence the offender to an additional prison term of | 16987 |
| any duration specified in division (A)(3) of this section. In | 16988 |
| either case, the additional prison term imposed shall be reduced | 16989 |
| by the sixty or one hundred twenty days imposed upon the offender | 16990 |
| as the mandatory prison term. The total of the additional prison | 16991 |
| term imposed under division (D)(4) of this section plus the sixty | 16992 |
| or one hundred twenty days imposed as the mandatory prison term | 16993 |
| shall equal a definite term in the range of six months to thirty | 16994 |
| months for a fourth degree felony OVI offense and shall equal one | 16995 |
| of the authorized prison terms specified in division (A)(3) of | 16996 |
| this section for a third degree felony OVI offense. If the court | 16997 |
| imposes an additional prison term under division (D)(4) of this | 16998 |
| section, the offender shall serve the additional prison term after | 16999 |
| the offender has served the mandatory prison term required for the | 17000 |
| offense. In addition to the mandatory prison term or mandatory and | 17001 |
| additional prison term imposed as described in division (D)(4) of | 17002 |
| this section, the court also may sentence the offender to a | 17003 |
| community control sanction under section 2929.16 or 2929.17 of the | 17004 |
| Revised Code, but the offender shall serve all of the prison terms | 17005 |
| so imposed prior to serving the community control sanction. | 17006 |
| If the offender is being sentenced for a fourth degree felony | 17007 |
| OVI offense under division (G)(1) of section 2929.13 of the | 17008 |
| Revised Code and the court imposes a mandatory term of local | 17009 |
| incarceration, the court may impose a prison term as described in | 17010 |
| division (A)(1) of that section. | 17011 |
| (5) If an offender is convicted of or pleads guilty to a | 17012 |
| violation of division (A)(1) or (2) of section 2903.06 of the | 17013 |
| Revised Code and also is convicted of or pleads guilty to a | 17014 |
| specification of the type described in section 2941.1414 of the | 17015 |
| Revised Code that charges that the victim of the offense is a | 17016 |
| peace officer, as defined in section 2935.01 of the Revised Code, | 17017 |
| the court shall impose on the offender a prison term of five | 17018 |
| years. If a court imposes a prison term on an offender under | 17019 |
| division (D)(5) of this section, subject to section 2967.24 of the | 17020 |
| Revised Code, the prison term shall not be reduced pursuant to | 17021 |
| section 2929.20, section 2967.193, or any other provision of | 17022 |
| Chapter 2967. or Chapter 5120. of the Revised Code. A court shall | 17023 |
| not impose more than one prison term on an offender under division | 17024 |
| (D)(5) of this section for felonies committed as part of the same | 17025 |
| act. | 17026 |
| (6) If an offender is convicted of or pleads guilty to a | 17027 |
| violation of division (A)(1) or (2) of section 2903.06 of the | 17028 |
| Revised Code and also is convicted of or pleads guilty to a | 17029 |
| specification of the type described in section 2941.1415 of the | 17030 |
| Revised Code that charges that the offender previously has been | 17031 |
| convicted of or pleaded guilty to three or more violations of | 17032 |
| division (A) or (B) of section 4511.19 of the Revised Code or an | 17033 |
| equivalent offense, as defined in section 2941.1415 of the Revised | 17034 |
| Code, or three or more violations of any combination of those | 17035 |
| divisions and offenses, the court shall impose on the offender a | 17036 |
| prison term of three years. If a court imposes a prison term on an | 17037 |
| offender under division (D)(6) of this section, subject to section | 17038 |
| 2967.24 of the Revised Code, the prison term shall not be reduced | 17039 |
| pursuant to section 2929.20, section 2967.193, or any other | 17040 |
| provision of Chapter 2967. or Chapter 5120. of the Revised Code. A | 17041 |
| court shall not impose more than one prison term on an offender | 17042 |
| under division (D)(6) of this section for felonies committed as | 17043 |
| part of the same act. | 17044 |
| (E)(1)(a) Subject to division (E)(1)(b) of this section, if a | 17045 |
| mandatory prison term is imposed upon an offender pursuant to | 17046 |
| division (D)(1)(a) of this section for having a firearm on or | 17047 |
| about the offender's person or under the offender's control while | 17048 |
| committing a felony, if a mandatory prison term is imposed upon an | 17049 |
| offender pursuant to division (D)(1)(c) of this section for | 17050 |
| committing a felony specified in that division by discharging a | 17051 |
| firearm from a motor vehicle, or if both types of mandatory prison | 17052 |
| terms are imposed, the offender shall serve any mandatory prison | 17053 |
| term imposed under either division consecutively to any other | 17054 |
| mandatory prison term imposed under either division or under | 17055 |
| division (D)(1)(d) of this section, consecutively to and prior to | 17056 |
| any prison term imposed for the underlying felony pursuant to | 17057 |
| division (A), (D)(2), or (D)(3) of this section or any other | 17058 |
| section of the Revised Code, and consecutively to any other prison | 17059 |
| term or mandatory prison term previously or subsequently imposed | 17060 |
| upon the offender. | 17061 |
| (b) If a mandatory prison term is imposed upon an offender | 17062 |
| pursuant to division (D)(1)(d) of this section for wearing or | 17063 |
| carrying body armor while committing an offense of violence that | 17064 |
| is a felony, the offender shall serve the mandatory term so | 17065 |
| imposed consecutively to any other mandatory prison term imposed | 17066 |
| under that division or under division (D)(1)(a) or (c) of this | 17067 |
| section, consecutively to and prior to any prison term imposed for | 17068 |
| the underlying felony under division (A), (D)(2), or (D)(3) of | 17069 |
| this section or any other section of the Revised Code, and | 17070 |
| consecutively to any other prison term or mandatory prison term | 17071 |
| previously or subsequently imposed upon the offender. | 17072 |
| (c) If a mandatory prison term is imposed upon an offender | 17073 |
| pursuant to division (D)(1)(f) of this section, the offender shall | 17074 |
| serve the mandatory prison term so imposed consecutively to and | 17075 |
| prior to any prison term imposed for the underlying felony under | 17076 |
| division (A), (D)(2), or (D)(3) of this section or any other | 17077 |
| section of the Revised Code, and consecutively to any other prison | 17078 |
| term or mandatory prison term previously or subsequently imposed | 17079 |
| upon the offender. | 17080 |
| (2) If an offender who is an inmate in a jail, prison, or | 17081 |
| other residential detention facility violates section 2917.02, | 17082 |
| 2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender | 17083 |
| who is under detention at a detention facility commits a felony | 17084 |
| violation of section 2923.131 of the Revised Code, or if an | 17085 |
| offender who is an inmate in a jail, prison, or other residential | 17086 |
| detention facility or is under detention at a detention facility | 17087 |
| commits another felony while the offender is an escapee in | 17088 |
| violation of section 2921.34 of the Revised Code, any prison term | 17089 |
| imposed upon the offender for one of those violations shall be | 17090 |
| served by the offender consecutively to the prison term or term of | 17091 |
| imprisonment the offender was serving when the offender committed | 17092 |
| that offense and to any other prison term previously or | 17093 |
| subsequently imposed upon the offender. | 17094 |
| (3) If a prison term is imposed for a violation of division | 17095 |
| (B) of section 2911.01 of the Revised Code, a violation of | 17096 |
| division (A) of section 2913.02 of the Revised Code in which the | 17097 |
| stolen property is a firearm or dangerous ordnance, or a felony | 17098 |
| violation of division (B) of section 2921.331 of the Revised Code, | 17099 |
| the offender shall serve that prison term consecutively to any | 17100 |
| other prison term or mandatory prison term previously or | 17101 |
| subsequently imposed upon the offender. | 17102 |
| (4) If multiple prison terms are imposed on an offender for | 17103 |
| convictions of multiple offenses, the court may require the | 17104 |
| offender to serve the prison terms consecutively if the court | 17105 |
| finds that the consecutive service is necessary to protect the | 17106 |
| public from future crime or to punish the offender and that | 17107 |
| consecutive sentences are not disproportionate to the seriousness | 17108 |
| of the offender's conduct and to the danger the offender poses to | 17109 |
| the public, and if the court also finds any of the following: | 17110 |
| (a) The offender committed one or more of the multiple | 17111 |
| offenses while the offender was awaiting trial or sentencing, was | 17112 |
| under a sanction imposed pursuant to section 2929.16, 2929.17, or | 17113 |
| 2929.18 of the Revised Code, or was under post-release control for | 17114 |
| a prior offense. | 17115 |
| (b) At least two of the multiple offenses were committed as | 17116 |
| part of one or more courses of conduct, and the harm caused by two | 17117 |
| or more of the multiple offenses so committed was so great or | 17118 |
| unusual that no single prison term for any of the offenses | 17119 |
| committed as part of any of the courses of conduct adequately | 17120 |
| reflects the seriousness of the offender's conduct. | 17121 |
| (c) The offender's history of criminal conduct demonstrates | 17122 |
| that consecutive sentences are necessary to protect the public | 17123 |
| from future crime by the offender. | 17124 |
| (5) If a mandatory prison term is imposed upon an offender | 17125 |
| pursuant to division (D)(5) or (6) of this section, the offender | 17126 |
| shall serve the mandatory prison term consecutively to and prior | 17127 |
| to any prison term imposed for the underlying violation of | 17128 |
| division (A)(1) or (2) of section 2903.06 of the Revised Code | 17129 |
| pursuant to division (A) of this section. If a mandatory prison | 17130 |
| term is imposed upon an offender pursuant to division (D)(5) of | 17131 |
| this section, and if a mandatory prison term also is imposed upon | 17132 |
| the offender pursuant to division (D)(6) of this section in | 17133 |
| relation to the same violation, the offender shall serve the | 17134 |
| mandatory prison term imposed pursuant to division (D)(5) of this | 17135 |
| section consecutively to and prior to the mandatory prison term | 17136 |
| imposed pursuant to division (D)(6) of this section and | 17137 |
| consecutively to and prior to any prison term imposed for the | 17138 |
| underlying violation of division (A)(1) or (2) of section 2903.06 | 17139 |
| of the Revised Code pursuant to division (A) of this section. | 17140 |
| (6) When consecutive prison terms are imposed pursuant to | 17141 |
| division (E)(1), (2), (3), (4), or (5) of this section, the term | 17142 |
| to be served is the aggregate of all of the terms so imposed. | 17143 |
| (F) If a court imposes a prison term of a type described in | 17144 |
| division (B) of section 2967.28 of the Revised Code, it shall | 17145 |
| include in the sentence a requirement that the offender be subject | 17146 |
| to a period of post-release control after the offender's release | 17147 |
| from imprisonment, in accordance with that division. If a court | 17148 |
| imposes a prison term of a type described in division (C) of that | 17149 |
| section, it shall include in the sentence a requirement that the | 17150 |
| offender be subject to a period of post-release control after the | 17151 |
| offender's release from imprisonment, in accordance with that | 17152 |
| division, if the parole board determines that a period of | 17153 |
| post-release control is necessary. | 17154 |
| (G) If a person is convicted of or pleads guilty to a violent | 17155 |
| sex offense or a designated homicide, assault, or kidnapping | 17156 |
| offense and, in relation to that offense, the offender is | 17157 |
| adjudicated a sexually violent predator, the court shall impose | 17158 |
| sentence upon the offender in accordance with section 2971.03 of | 17159 |
| the Revised Code, and Chapter 2971. of the Revised Code applies | 17160 |
| regarding the prison term or term of life imprisonment without | 17161 |
| parole imposed upon the offender and the service of that term of | 17162 |
| imprisonment. | 17163 |
| (H) If a person who has been convicted of or pleaded guilty | 17164 |
| to a felony is sentenced to a prison term or term of imprisonment | 17165 |
| under this section, sections 2929.02 to 2929.06 of the Revised | 17166 |
| Code, section 2971.03 of the Revised Code, or any other provision | 17167 |
| of law, section 5120.163 of the Revised Code applies regarding the | 17168 |
| person while the person is confined in a state correctional | 17169 |
| institution. | 17170 |
| (I) If an offender who is convicted of or pleads guilty to a | 17171 |
| felony that is an offense of violence also is convicted of or | 17172 |
| pleads guilty to a specification of the type described in section | 17173 |
| 2941.142 of the Revised Code that charges the offender with having | 17174 |
| committed the felony while participating in a criminal gang, the | 17175 |
| court shall impose upon the offender an additional prison term of | 17176 |
| one, two, or three years. | 17177 |
| (J) If an offender who is convicted of or pleads guilty to | 17178 |
| aggravated murder, murder, or a felony of the first, second, or | 17179 |
| third degree that is an offense of violence also is convicted of | 17180 |
| or pleads guilty to a specification of the type described in | 17181 |
| section 2941.143 of the Revised Code that charges the offender | 17182 |
| with having committed the offense in a school safety zone or | 17183 |
| towards a person in a school safety zone, the court shall impose | 17184 |
| upon the offender an additional prison term of two years. The | 17185 |
| offender shall serve the additional two years consecutively to and | 17186 |
| prior to the prison term imposed for the underlying offense. | 17187 |
| (K) At the time of sentencing, the court may recommend the | 17188 |
| offender for placement in a program of shock incarceration under | 17189 |
| section 5120.031 of the Revised Code or for placement in an | 17190 |
| intensive program prison under section 5120.032 of the Revised | 17191 |
| Code, disapprove placement of the offender in a program of shock | 17192 |
| incarceration or an intensive program prison of that nature, or | 17193 |
| make no recommendation on placement of the offender. In no case | 17194 |
| shall the department of rehabilitation and correction place the | 17195 |
| offender in a program or prison of that nature unless the | 17196 |
| department determines as specified in section 5120.031 or 5120.032 | 17197 |
| of the Revised Code, whichever is applicable, that the offender is | 17198 |
| eligible for the placement. | 17199 |
| If the court disapproves placement of the offender in a | 17200 |
| program or prison of that nature, the department of rehabilitation | 17201 |
| and correction shall not place the offender in any program of | 17202 |
| shock incarceration or intensive program prison. | 17203 |
| If the court recommends placement of the offender in a | 17204 |
| program of shock incarceration or in an intensive program prison, | 17205 |
| and if the offender is subsequently placed in the recommended | 17206 |
| program or prison, the department shall notify the court of the | 17207 |
| placement and shall include with the notice a brief description of | 17208 |
| the placement. | 17209 |
| If the court recommends placement of the offender in a | 17210 |
| program of shock incarceration or in an intensive program prison | 17211 |
| and the department does not subsequently place the offender in the | 17212 |
| recommended program or prison, the department shall send a notice | 17213 |
| to the court indicating why the offender was not placed in the | 17214 |
| recommended program or prison. | 17215 |
| If the court does not make a recommendation under this | 17216 |
| division with respect to an offender and if the department | 17217 |
| determines as specified in section 5120.031 or 5120.032 of the | 17218 |
| Revised Code, whichever is applicable, that the offender is | 17219 |
| eligible for placement in a program or prison of that nature, the | 17220 |
| department shall screen the offender and determine if there is an | 17221 |
| available program of shock incarceration or an intensive program | 17222 |
| prison for which the offender is suited. If there is an available | 17223 |
| program of shock incarceration or an intensive program prison for | 17224 |
| which the offender is suited, the department shall notify the | 17225 |
| court of the proposed placement of the offender as specified in | 17226 |
| section 5120.031 or 5120.032 of the Revised Code and shall include | 17227 |
| with the notice a brief description of the placement. The court | 17228 |
| shall have ten days from receipt of the notice to disapprove the | 17229 |
| placement. | 17230 |
| Sec. 2967.13. (A) Except as provided in division (G) of this | 17231 |
| section, a prisoner serving a sentence of imprisonment for life | 17232 |
| for an offense committed on or after July 1, 1996, is not entitled | 17233 |
| to any earned credit under section 2967.193 of the Revised Code | 17234 |
| and becomes eligible for parole as follows: | 17235 |
| (1) If a sentence of imprisonment for life was imposed for | 17236 |
| the offense of murder, at the expiration of the prisoner's minimum | 17237 |
| term; | 17238 |
| (2) If a sentence of imprisonment for life with parole | 17239 |
| eligibility after serving twenty years of imprisonment was imposed | 17240 |
| pursuant to section 2929.022 or 2929.03 of the Revised Code, after | 17241 |
| serving a term of twenty years; | 17242 |
| (3) If a sentence of imprisonment for life with parole | 17243 |
| eligibility after serving twenty-five full years of imprisonment | 17244 |
| was imposed pursuant to section 2929.022 or 2929.03 of the Revised | 17245 |
| Code, after serving a term of twenty-five full years; | 17246 |
| (4) If a sentence of imprisonment for life with parole | 17247 |
| eligibility after serving thirty full years of imprisonment was | 17248 |
| imposed pursuant to section 2929.022 or 2929.03 of the Revised | 17249 |
| Code, after serving a term of thirty full years; | 17250 |
| (5) If a sentence of imprisonment for life was imposed for | 17251 |
| rape, after serving a term of ten full years' imprisonment; | 17252 |
| (6) If a sentence of imprisonment for life with parole | 17253 |
| eligibility after serving fifteen years of imprisonment was | 17254 |
| imposed for a violation of section 2927.24 of the Revised Code, | 17255 |
| after serving a term of fifteen years. | 17256 |
| (B) Except as provided in division (G) of this section, a | 17257 |
| prisoner serving a sentence of imprisonment for life with parole | 17258 |
| eligibility after serving twenty years of imprisonment or a | 17259 |
| sentence of imprisonment for life with parole eligibility after | 17260 |
| serving twenty-five full years or thirty full years of | 17261 |
| imprisonment imposed pursuant to section 2929.022 or 2929.03 of | 17262 |
| the Revised Code for an offense committed on or after July 1, | 17263 |
| 1996, consecutively to any other term of imprisonment, becomes | 17264 |
| eligible for parole after serving twenty years, twenty full years, | 17265 |
| or thirty full years, as applicable, as to each such sentence of | 17266 |
| life imprisonment, which shall not be reduced for earned credits | 17267 |
| under section 2967.193 of the Revised Code, plus the term or terms | 17268 |
| of the other sentences consecutively imposed or, if one of the | 17269 |
| other sentences is another type of life sentence with parole | 17270 |
| eligibility, the number of years before parole eligibility for | 17271 |
| that sentence. | 17272 |
| (C) Except as provided in division (G) of this section, a | 17273 |
| prisoner serving consecutively two or more sentences in which an | 17274 |
| indefinite term of imprisonment is imposed becomes eligible for | 17275 |
| parole upon the expiration of the aggregate of the minimum terms | 17276 |
| of the sentences. | 17277 |
| (D) Except as provided in division (G) of this section, a | 17278 |
| prisoner serving a term of imprisonment who is described in | 17279 |
| division (A) of section 2967.021 of the Revised Code becomes | 17280 |
| eligible for parole as described in that division or, if the | 17281 |
| prisoner is serving a definite term of imprisonment, shall be | 17282 |
| released as described in that division. | 17283 |
| (E) A prisoner serving a sentence of life imprisonment | 17284 |
| without parole imposed pursuant to section 2907.02 or section | 17285 |
| 2929.03 or 2929.06 of the Revised Code is not eligible for parole | 17286 |
| and, subject to section 2967.24 of the Revised Code, shall be | 17287 |
| imprisoned until death. | 17288 |
| (F) A prisoner serving a stated prison term shall be released | 17289 |
| in accordance with section 2967.28 of the Revised Code. | 17290 |
| (G) A prisoner serving a prison term or term of life | 17291 |
| imprisonment without parole imposed pursuant to section 2971.03 of | 17292 |
| the Revised Code never becomes eligible for parole during that | 17293 |
| term of imprisonment. | 17294 |
| Sec. 2967.24. (A) There is hereby established within the | 17295 |
| office of the governor the medical hardship prisoner release | 17296 |
| commission, consisting of three members appointed by the governor. | 17297 |
| One member shall be a retired judge of a court of record of this | 17298 |
| state, one member shall be a member of the parole board or a staff | 17299 |
| member of the parole board, and one member shall be a physician. | 17300 |
| The governor shall make initial appointments to the commission not | 17301 |
| later than ninety days after the effective date of this section. | 17302 |
| The governor shall oversee the operation of the commission. | 17303 |
| Of the initial appointments to the commission, the member who | 17304 |
| is a retired judge shall be appointed for a term ending on | 17305 |
| December 31, 2008, the member who is a member or staff member of | 17306 |
| the parole board shall be appointed for a term ending on December | 17307 |
| 31, 2007, and the member who is a physician shall be appointed for | 17308 |
| a term ending on December 31, 2006. Thereafter, terms of office of | 17309 |
| all the members shall be three years, with each term ending on the | 17310 |
| same day of the same month as did the term that it succeeds. | 17311 |
| Members may be reappointed. Any vacancy on the commission shall be | 17312 |
| filled in the same manner provided for the original appointment. A | 17313 |
| member appointed to fill a vacancy occurring prior to the | 17314 |
| expiration of the term for which that member's predecessor was | 17315 |
| appointed shall hold office as a member for the remainder of the | 17316 |
| predecessor's term. A member shall continue in office subsequent | 17317 |
| to the expiration of that member's term until that member's | 17318 |
| successor takes office or until a period of sixty days has | 17319 |
| elapsed, whichever occurs first. | 17320 |
| (B) The medical hardship prisoner release commission shall | 17321 |
| meet within two weeks after all members have been appointed and | 17322 |
| shall organize as necessary. The commission shall select a | 17323 |
| chairperson, a vice-chairperson, and any other necessary officers | 17324 |
| and adopt rules to govern its proceedings. Thereafter, the | 17325 |
| commission shall meet as often as is necessary to perform its | 17326 |
| functions and duties set forth in division (C) of this section and | 17327 |
| shall meet otherwise upon the call of the chairperson. Two members | 17328 |
| of the commission constitute a quorum, and the votes of a majority | 17329 |
| of the quorum present shall be required to validate any action of | 17330 |
| the commission. All business of the commission shall be conducted | 17331 |
| in public meetings. | 17332 |
| The members of the commission shall serve without | 17333 |
| compensation, but each member shall be reimbursed for the member's | 17334 |
| actual and necessary expenses incurred in the performance of the | 17335 |
| member's official duties on the commission. In the absence of the | 17336 |
| chairperson, the vice-chairperson shall perform the duties of the | 17337 |
| chairperson. | 17338 |
| (C) The director of rehabilitation and correction may file a | 17339 |
| written request with the medical hardship prisoner release | 17340 |
| commission that requests that the commission approve the release | 17341 |
| from imprisonment of a specified prisoner confined in a state | 17342 |
| correctional institution, other than a prisoner who is confined in | 17343 |
| the institution under a sentence of death, because of a medical | 17344 |
| hardship of the prisoner that is one of the medical hardships for | 17345 |
| which prisoners are eligible for potential release under the rules | 17346 |
| adopted by the department of rehabilitation and correction under | 17347 |
| division (E) of this section. The request shall identify the | 17348 |
| prisoner, the prisoner's medical hardship, the offense or offenses | 17349 |
| for which the prisoner is confined in the institution, the total | 17350 |
| length of the prisoner's sentence, and the remaining length of | 17351 |
| that sentence. The department shall provide the commission with | 17352 |
| any other materials or information the commission requests that is | 17353 |
| relevant to the request for the medical hardship release from | 17354 |
| imprisonment. | 17355 |
| Upon receipt of a request from the director of rehabilitation | 17356 |
| and correction pursuant to this division, the commission promptly | 17357 |
| shall review the request and all other materials and information | 17358 |
| provided by the department and promptly shall determine whether it | 17359 |
| believes the specified prisoner should be granted a medical | 17360 |
| hardship release and whether the director's request should be | 17361 |
| approved or denied. Upon making its determinations, the commission | 17362 |
| promptly shall notify the director of rehabilitation and | 17363 |
| correction in writing of the determinations. If the commission | 17364 |
| approves the director's request, the department may grant the | 17365 |
| prisoner a medical hardship release from imprisonment. If the | 17366 |
| commission denies the director's request, the department shall not | 17367 |
| grant the prisoner a medical hardship release from imprisonment | 17368 |
| based on that request. If the commission denies the director's | 17369 |
| request, at any time after the denial, the director may file a | 17370 |
| subsequent request pursuant to this section for a medical hardship | 17371 |
| release for the prisoner, and the commission shall consider that | 17372 |
| request in accordance with this section. In no case shall a | 17373 |
| prisoner who is confined in a state correctional institution under | 17374 |
| a sentence of death be granted a medical hardship release from | 17375 |
| imprisonment pursuant to this section. | 17376 |
| (D) If the department of rehabilitation and correction grants | 17377 |
| a medical hardship release to a prisoner pursuant to this section, | 17378 |
| the department shall release the prisoner from imprisonment as if | 17379 |
| the prisoner's stated prison term had expired, and the prisoner is | 17380 |
| subject to a period of post-release control of up to three years | 17381 |
| after the prisoner's release from imprisonment. Before the | 17382 |
| department releases the prisoner from imprisonment, the department | 17383 |
| shall impose upon the prisoner one or more post-release control | 17384 |
| sanctions to apply during the prisoner's period of post-release | 17385 |
| control. The department shall impose the sanction or sanctions in | 17386 |
| accordance with division (D)(1) of section 2967.28 of the Revised | 17387 |
| Code, and divisions (D)(2) and (F) of that section apply to the | 17388 |
| prisoner after the prisoner's release from imprisonment and during | 17389 |
| the period of post-release control. When the prisoner has | 17390 |
| faithfully performed the conditions and obligations of the | 17391 |
| inmate's post-release control sanctions and has obeyed the rules | 17392 |
| and regulations adopted by the adult parole authority that apply | 17393 |
| to the released prisoner or has the period of post-release control | 17394 |
| terminated by a court pursuant to section 2929.141 of the Revised | 17395 |
| Code, division (B) of section 2967.16 of the Revised Code applies | 17396 |
| regarding the prisoner. | 17397 |
| (E)(1) The department of rehabilitation and correction shall | 17398 |
| specify by rule adopted under Chapter 119. of the Revised Code the | 17399 |
| medical hardships for which prisoners are eligible for potential | 17400 |
| release from imprisonment pursuant to this section. | 17401 |
| (2) Except as otherwise provided in this division, this | 17402 |
| section applies to all prisoners who are confined in a state | 17403 |
| correctional institution and who are eligible for potential | 17404 |
| release for a medical hardship under the rules adopted under | 17405 |
| division (E)(1) of this section, including prisoners serving a | 17406 |
| term of life imprisonment without parole and prisoners serving a | 17407 |
| mandatory prison term. This section does not apply to any prisoner | 17408 |
| who is confined in a state correctional institution under a | 17409 |
| sentence of death, and no medical hardship release from | 17410 |
| imprisonment shall be granted under this section to any prisoner | 17411 |
| who is so confined. | 17412 |
| (F) The procedures for medical hardship release of prisoners | 17413 |
| set forth in this section are separate from, and independent of, | 17414 |
| the procedures for parole of dying prisoners under section 2967.05 | 17415 |
| of the Revised Code. | 17416 |
| (G) As used in this section, "physician" means a person who | 17417 |
| is authorized under Chapter 4731. of the Revised Code to practice | 17418 |
| medicine and surgery, osteopathic medicine and surgery, or a | 17419 |
| limited branch of medicine. | 17420 |
| Sec. 3107.10. (A) Notwithstanding section 3107.01 of the | 17421 |
| Revised Code, as used in this section, "agency" does not include a | 17422 |
| public children services agency. | 17423 |
| (B) An agency or attorney, whichever arranges a minor's | 17424 |
| adoption, shall file with the court a preliminary estimate | 17425 |
| accounting not later than the time the adoption petition for the | 17426 |
| minor is filed with the court. The agency or attorney, whichever | 17427 |
| arranges the adoption, also shall file a final accounting with the | 17428 |
| court before a final decree of adoption is issued or an | 17429 |
| interlocutory order of adoption is finalized for the minor. The | 17430 |
| agency or attorney shall complete and file accountings in a manner | 17431 |
| acceptable to the court. | 17432 |
| An accounting shall specify all disbursements of anything of | 17433 |
| value the petitioner, a person on the petitioner's behalf, and the | 17434 |
| agency or attorney made and has agreed to make in connection with | 17435 |
| the minor's permanent surrender under division (B) of section | 17436 |
| 5103.15 of the Revised Code, placement under section 5103.16 of | 17437 |
| the Revised Code, and adoption under this chapter. The agency or | 17438 |
| attorney shall include in an accounting an itemization of each | 17439 |
| expense listed in division (C) of this section. The itemization of | 17440 |
| the expenses specified in divisions (C)(3) and (4) of this section | 17441 |
| shall show the amount the agency or attorney charged or is going | 17442 |
| to charge for the services and the actual cost to the agency or | 17443 |
| attorney of providing the services. An accounting shall indicate | 17444 |
| whether any expenses listed in division (C) of this section do not | 17445 |
| apply to the adoption proceeding for which the accounting is | 17446 |
| filed. | 17447 |
| The agency or attorney shall include with a preliminary | 17448 |
| estimate accounting and a final accounting a written statement | 17449 |
| signed by the petitioner that the petitioner has reviewed the | 17450 |
| accounting and attests to its accuracy. | 17451 |
| (C) No petitioner, person acting on a petitioner's behalf, or | 17452 |
| agency or attorney shall make or agree to make any disbursements | 17453 |
| in connection with the minor's permanent surrender, placement, or | 17454 |
| adoption other than for the following: | 17455 |
| (1) Physician expenses incurred on behalf of the birth mother | 17456 |
| or minor in connection with prenatal care, delivery, and | 17457 |
| confinement prior to or following the minor's birth; | 17458 |
| (2) Hospital or other medical facility expenses incurred on | 17459 |
| behalf of the birth mother or minor in connection with the minor's | 17460 |
| birth; | 17461 |
| (3) Expenses charged by the attorney arranging the adoption | 17462 |
| for providing legal services in connection with the placement and | 17463 |
| adoption, including expenses incurred by the attorney pursuant to | 17464 |
| sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the | 17465 |
| Revised Code; | 17466 |
| (4) Expenses charged by the agency arranging the adoption for | 17467 |
| providing services in connection with the permanent surrender and | 17468 |
| adoption, including the agency's application fee and the expenses | 17469 |
| incurred by the agency pursuant to sections 3107.031, 3107.09, | 17470 |
| 3107.12, 5103.151, and 5103.152 of the Revised Code; | 17471 |
| (5) Temporary costs of routine maintenance and medical care | 17472 |
| for a minor required under section 5103.16 of the Revised Code if | 17473 |
| the person seeking to adopt the minor refuses to accept placement | 17474 |
| of the minor; | 17475 |
| (6) Guardian ad litem fees incurred on behalf of the minor in | 17476 |
| any court proceedings; | 17477 |
| (7) Foster care expenses incurred in connection with any | 17478 |
| temporary care and maintenance of the minor; | 17479 |
| (8) Court expenses incurred in connection with the minor's | 17480 |
| permanent surrender, placement, and adoption. | 17481 |
| (D) If a court determines from an accounting that an amount | 17482 |
| that is going to be disbursed for an expense listed in division | 17483 |
| (C) of this section is unreasonable, the court may order a | 17484 |
| reduction in the amount to be disbursed. If a court determines | 17485 |
| from an accounting that an unreasonable amount was disbursed for | 17486 |
| an expense listed in division (C) of this section, the court may | 17487 |
| order the person who received the disbursement to refund to the | 17488 |
| person who made the disbursement an amount the court orders. | 17489 |
| If a court determines from an accounting that a disbursement | 17490 |
| for an expense not permitted by division (C) of this section is | 17491 |
| going to be made, the court may issue an injunction prohibiting | 17492 |
| the disbursement. If a court determines from an accounting that a | 17493 |
| disbursement for an expense not permitted by division (C) of this | 17494 |
| section was made, the court may order the person who received the | 17495 |
| disbursement to return it to the person who made the disbursement. | 17496 |
| If a court determines that a final accounting does not | 17497 |
| completely report all the disbursements that are going to be made | 17498 |
| or have been made in connection with the minor's permanent | 17499 |
| surrender, placement, and adoption, the court shall order the | 17500 |
| agency or attorney to file with the court an accounting that | 17501 |
| completely reports all such disbursements. | 17502 |
| The agency or attorney shall file the final accounting with | 17503 |
| the court not later than ten days prior to the date scheduled for | 17504 |
| the final hearing on the adoption. The court may not issue a final | 17505 |
| decree of adoption or finalize an interlocutory order of adoption | 17506 |
| of a minor until at least ten days after the agency or attorney | 17507 |
| files the final accounting. | 17508 |
| (E) | 17509 |
| 17510 | |
| 17511 | |
| 17512 | |
| 17513 |
| | 17514 |
| 17515 | |
| 17516 | |
| 17517 | |
| 17518 |
| | 17519 |
| 17520 | |
| 17521 | |
| 17522 | |
| 17523 |
| | 17524 |
| 17525 |
| | 17526 |
| 17527 | |
| 17528 | |
| 17529 |
| | 17530 |
| stepparent whose spouse is a biological or adoptive parent of the | 17531 |
| minor. | 17532 |
| Sec. 3111.04. (A) An action to determine the existence or | 17533 |
| nonexistence of the father and child relationship may be brought | 17534 |
| by the child or the child's personal representative, the child's | 17535 |
| mother or her personal representative, a man alleged or alleging | 17536 |
| himself to be the child's father, the child support enforcement | 17537 |
| agency of the county in which the child resides if the child's | 17538 |
| mother is a recipient of public assistance or of services under | 17539 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 17540 |
| U.S.C.A. 651, as amended, or the alleged father's personal | 17541 |
| representative. | 17542 |
| (B) An agreement does not bar an action under this section. | 17543 |
| (C) If an action under this section is brought before the | 17544 |
| birth of the child and if the action is contested, all | 17545 |
| proceedings, except service of process and the taking of | 17546 |
| depositions to perpetuate testimony, may be stayed until after the | 17547 |
| birth. | 17548 |
| (D) A recipient of public assistance or of services under | 17549 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 17550 |
| U.S.C.A. 651, as amended, shall cooperate with the child support | 17551 |
| enforcement agency of the county in which a child resides to | 17552 |
| obtain an administrative determination pursuant to sections | 17553 |
| 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 17554 |
| determination pursuant to sections 3111.01 to 3111.18 of the | 17555 |
| Revised Code, of the existence or nonexistence of a parent and | 17556 |
| child relationship between the father and the child. If the | 17557 |
| recipient fails to cooperate, the agency may commence an action to | 17558 |
| determine the existence or nonexistence of a parent and child | 17559 |
| relationship between the father and the child pursuant to sections | 17560 |
| 3111.01 to 3111.18 of the Revised Code. | 17561 |
| (E) As used in this section, "public assistance" means | 17562 |
| medical assistance under Chapter 5111. of the Revised Code, | 17563 |
| assistance under Chapter 5107. of the Revised Code, or disability | 17564 |
| financial assistance under Chapter
5115. of the Revised Code | 17565 |
| 17566 | |
| 17567 |
| Sec. 3119.54. If either party to a child support order | 17568 |
| issued in accordance with section 3119.30 of the Revised Code is | 17569 |
|
eligible
for medical assistance under Chapter
5111. | 17570 |
| the Revised Code and the other party has obtained health insurance | 17571 |
| coverage, the party eligible for medical assistance shall notify | 17572 |
| any physician, hospital, or other provider of medical services for | 17573 |
| which medical assistance is available of the name and address of | 17574 |
| the other party's insurer and of the number of the other party's | 17575 |
| health insurance or health care policy, contract, or plan. Any | 17576 |
| physician, hospital, or other provider of medical services for | 17577 |
|
which medical assistance is
available under Chapter 5111. | 17578 |
| of the Revised Code who is notified under this division of the | 17579 |
| existence of a health insurance or health care policy, contract, | 17580 |
| or plan with coverage for children who are eligible for medical | 17581 |
| assistance shall first bill the insurer for any services provided | 17582 |
| for those children. If the insurer fails to pay all or any part of | 17583 |
| a claim filed under this section and the services for which the | 17584 |
|
claim is filed are
covered
by
Chapter 5111. | 17585 |
| Revised Code, the physician, hospital, or other medical services | 17586 |
| provider shall bill the remaining unpaid costs of the services in | 17587 |
|
accordance with
Chapter 5111. | 17588 |
| Sec. 3121.12. (A) On receipt of a notice that a lump sum | 17589 |
| payment of one hundred fifty dollars or more is to be paid to the | 17590 |
| obligor, the court, with respect to a court support order, or the | 17591 |
| child support enforcement agency, with respect to an | 17592 |
| administrative child support order, shall do either of the | 17593 |
| following: | 17594 |
| (1) If the obligor is in default under the support order or | 17595 |
| has any arrearages under the support order, issue an order | 17596 |
| requiring the transmittal of the lump sum payment, or any portion | 17597 |
| of the lump sum payment sufficient to pay the arrearage in full, | 17598 |
| to the office of child support; | 17599 |
| (2) If the obligor is not in default under the support order | 17600 |
| and does not have any arrearages under the support order, issue an | 17601 |
| order directing the person who gave the notice to the court or | 17602 |
| agency to immediately pay the full amount of the lump sum payment | 17603 |
| to the obligor. | 17604 |
| (B) | 17605 |
| child support pursuant to division
(A) of this section | 17606 |
| 17607 | |
| 17608 | |
| 17609 | |
| 17610 | |
| 17611 | |
| adopted under section 3121.71 of the Revised Code. | 17612 |
| (C) A court that issued an order prior to January 1, 1998, | 17613 |
| requiring an employer to withhold an amount from an obligor's | 17614 |
| personal earnings for the payment of support shall issue a | 17615 |
| supplemental order that does not change the original order or the | 17616 |
| related support order requiring the employer to do all of the | 17617 |
| following: | 17618 |
| (1) No later than the earlier of forty-five days before a | 17619 |
| lump sum payment is to be made or, if the obligor's right to a | 17620 |
| lump sum payment is determined less than forty-five days before it | 17621 |
| is to be made, the date on which that determination is made, | 17622 |
| notify the child support enforcement agency of any lump sum | 17623 |
| payment of any kind of one hundred fifty dollars or more that is | 17624 |
| to be paid to the obligor; | 17625 |
| (2) Hold the lump sum payment for thirty days after the date | 17626 |
| on which it would otherwise be paid to the obligor; | 17627 |
| (3) On order of the court, pay any specified amount of the | 17628 |
| lump sum payment to the office of child support. | 17629 |
| (D) An employer that knowingly fails to notify the child | 17630 |
| support enforcement agency in accordance with this section or | 17631 |
| section 3121.03 of the Revised Code of any lump sum payment to be | 17632 |
| made to an obligor is liable for any support payment not made to | 17633 |
| the obligee as a result of its knowing failure to give the notice. | 17634 |
| Sec. 3121.50. On receipt of any amount forwarded from a | 17635 |
| payor or financial institution, the office of child support shall | 17636 |
| distribute the amount to the obligee within two business days of | 17637 |
| its receipt of the amount
forwarded. | 17638 |
| prohibited from doing so by a law of this state or the United | 17639 |
| States, the office may distribute the amount by means of | 17640 |
| electronic disbursement, and the obligee shall accept payment by | 17641 |
| means of electronic disbursement. The director of job and family | 17642 |
| services may adopt, revise, or amend rules under Chapter 119. of | 17643 |
| the Revised Code to assist in the implementation of this section. | 17644 |
| Sec. 3125.18. A child support enforcement agency shall | 17645 |
| administer a Title IV-A program identified under division | 17646 |
|
(A)(3)(c) or | 17647 |
| the department of job and family services provides for the agency | 17648 |
| to administer under the department's supervision pursuant to | 17649 |
| section 5101.801 of the Revised Code. | 17650 |
| Sec. 3125.191. There is hereby created in the state treasury | 17651 |
| the child support operating fund, which is a state special revenue | 17652 |
| fund. The department of job and family services may deposit into | 17653 |
| the fund a portion of the federal incentives described in division | 17654 |
| (A) of section 3125.19 of the Revised Code and authorized by 42 | 17655 |
| U.S.C. 658a that are received by the department of job and family | 17656 |
| services from the United States department of health and human | 17657 |
| services. The department of job and family services may use money | 17658 |
| in the child support operating fund for program and administrative | 17659 |
| purposes associated with the program of child support enforcement | 17660 |
| authorized by section 3125.03 of the Revised Code. | 17661 |
| Sec. 3301.079. (A)(1) Not later than December 31, 2001, the | 17662 |
| state board of education shall adopt statewide academic standards | 17663 |
| for each of grades kindergarten through twelve in reading, | 17664 |
| writing, and mathematics. Not later than December 31, 2002, the | 17665 |
| state board shall adopt statewide academic standards for each of | 17666 |
| grades kindergarten through twelve in science and social studies. | 17667 |
| The standards shall specify the academic content and skills that | 17668 |
| students are expected to know and be able to do at each grade | 17669 |
| level. | 17670 |
| (2) When academic standards have been completed for any | 17671 |
| subject area required by this division, the state board shall | 17672 |
| inform all school districts of the content of those standards. | 17673 |
| (B) Not later than eighteen months after the completion of | 17674 |
| academic standards for any subject area required by division (A) | 17675 |
| of this section, the state board shall adopt a model curriculum | 17676 |
| for instruction in that subject area for each of grades | 17677 |
| kindergarten through twelve that is sufficient to meet the needs | 17678 |
| of students in every community. The model curriculum shall be | 17679 |
| aligned with the standards to ensure that the academic content and | 17680 |
| skills specified for each grade level are taught to students. When | 17681 |
| any model curriculum has been completed, the state board shall | 17682 |
| inform all school districts of the content of that model | 17683 |
| curriculum. | 17684 |
| All school districts may utilize the state standards and the | 17685 |
| model curriculum established by the state board, together with | 17686 |
| other relevant resources, examples, or models to ensure that | 17687 |
| students have the opportunity to attain the academic standards. | 17688 |
| Upon request, the department of education shall provide technical | 17689 |
| assistance to any district in implementing the model curriculum. | 17690 |
| Nothing in this section requires any school district to | 17691 |
| utilize all or any part of a model curriculum developed under this | 17692 |
| division. | 17693 |
| (C) The state board shall develop achievement tests aligned | 17694 |
| with the academic standards and model curriculum for each of the | 17695 |
| subject areas and grade levels required by section 3301.0710 of | 17696 |
| the Revised Code. | 17697 |
| When any achievement test has been completed, the state board | 17698 |
| shall inform all school districts of its completion, and the | 17699 |
| department of education shall make the achievement test available | 17700 |
| to the districts. School districts shall administer the | 17701 |
| achievement test beginning in the school year indicated in section | 17702 |
| 3301.0712 of the Revised Code. | 17703 |
| (D)(1) | 17704 |
| 17705 | |
| diagnostic assessment aligned with the academic standards and | 17706 |
| model curriculum for each of grades kindergarten through two in | 17707 |
|
reading, writing, and mathematics and for | 17708 |
| three
| 17709 |
| 17710 | |
| measure student comprehension of academic content and mastery of | 17711 |
| related skills for the relevant subject area and grade level. Any | 17712 |
| diagnostic assessment shall not include components to identify | 17713 |
| gifted students. Blank copies of diagnostic tests shall be public | 17714 |
| records. | 17715 |
| (2) When each diagnostic assessment has been completed, the | 17716 |
| state board shall inform all school districts of its completion | 17717 |
| and the department of education shall make the diagnostic | 17718 |
| assessment available to the districts at no cost to the district. | 17719 |
| School districts shall administer the diagnostic assessment | 17720 |
| pursuant to section 3301.0715 of the Revised Code beginning the | 17721 |
| first school year following the development of the assessment. | 17722 |
| | 17723 |
| 17724 | |
| 17725 |
| (E) Whenever the state board or the department of education | 17726 |
| consults with persons for the purpose of drafting or reviewing any | 17727 |
| standards, diagnostic assessments, achievement tests, or model | 17728 |
| curriculum required under this section, the state board or the | 17729 |
| department shall first consult with parents of students in | 17730 |
| kindergarten through twelfth grade and with active Ohio classroom | 17731 |
| teachers, other school personnel, and administrators with | 17732 |
| expertise in the appropriate subject area. Whenever practicable, | 17733 |
| the state board and department shall consult with teachers | 17734 |
| recognized as outstanding in their fields. | 17735 |
| If the department contracts with more than one outside entity | 17736 |
| for the development of the achievement tests required by this | 17737 |
| section, the department shall ensure the interchangeability of | 17738 |
| those tests. | 17739 |
| (F) The fairness sensitivity review committee, established by | 17740 |
| rule of the state board of education, shall not allow any question | 17741 |
| on any achievement test or diagnostic assessment developed under | 17742 |
| this section or any proficiency test prescribed by former section | 17743 |
| 3301.0710 of the Revised Code, as it existed prior to September | 17744 |
| 11, 2001, to include, be written to promote, or inquire as to | 17745 |
| individual moral or social values or beliefs. The decision of the | 17746 |
| committee shall be final. This section does not create a private | 17747 |
| cause of action. | 17748 |
| Sec. 3301.0710. The state board of education shall adopt | 17749 |
| rules establishing a statewide program to test student | 17750 |
| achievement. The state board shall ensure that all tests | 17751 |
| administered under the testing program are aligned with the | 17752 |
| academic standards and model curricula adopted by the state board | 17753 |
| and are created with input from Ohio parents, Ohio classroom | 17754 |
| teachers, Ohio school administrators, and other Ohio school | 17755 |
| personnel pursuant to section 3301.079 of the Revised Code. | 17756 |
| The testing program shall be designed to ensure that students | 17757 |
| who receive a high school diploma demonstrate at least high school | 17758 |
| levels of achievement in reading, writing, mathematics, science, | 17759 |
| and social studies. | 17760 |
| (A)(1) The state board shall prescribe all of the following: | 17761 |
| (a) Two statewide achievement tests, one each designed to | 17762 |
| measure the level of reading and mathematics skill expected at the | 17763 |
| end of third grade; | 17764 |
| (b) Three statewide achievement tests, one each designed to | 17765 |
| measure the level of reading, writing, and mathematics skill | 17766 |
| expected at the end of fourth grade; | 17767 |
| (c) Four statewide achievement tests, one each designed to | 17768 |
| measure the level of reading, mathematics, science, and social | 17769 |
| studies skill expected at the end of fifth grade; | 17770 |
| (d) Two statewide achievement tests, one each designed to | 17771 |
| measure the level of reading and mathematics skill expected at the | 17772 |
| end of sixth grade; | 17773 |
| (e) Three statewide achievement tests, one each designed to | 17774 |
| measure the level of reading, writing, and mathematics skill | 17775 |
| expected at the end of seventh grade; | 17776 |
| (f) Four statewide achievement tests, one each designed to | 17777 |
| measure the level of reading, mathematics, science, and social | 17778 |
| studies skill expected at the end of eighth grade. | 17779 |
| (2) The state board shall determine and designate at least | 17780 |
| five ranges of scores on each of the achievement tests described | 17781 |
| in divisions (A)(1) and (B) of this section. Each range of scores | 17782 |
| shall be deemed to demonstrate a level of achievement so that any | 17783 |
| student attaining a score within such range has achieved one of | 17784 |
| the following: | 17785 |
| (a) An advanced level of skill; | 17786 |
| (b) An accelerated level of skill; | 17787 |
| (c) A proficient level of skill; | 17788 |
| (d) A basic level of skill; | 17789 |
| (e) A limited level of skill. | 17790 |
| (B) The tests prescribed under this division shall | 17791 |
| collectively be known as the Ohio graduation tests. The state | 17792 |
| board shall prescribe five statewide high school achievement | 17793 |
| tests, one each designed to measure the level of reading, writing, | 17794 |
| mathematics, science, and social studies skill expected at the end | 17795 |
| of tenth grade. The state board shall designate a score in at | 17796 |
| least the range designated under division (A)(2)(c) of this | 17797 |
| section on each such test that shall be deemed to be a passing | 17798 |
| score on the test as a condition toward granting high school | 17799 |
| diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 | 17800 |
| of the Revised Code. | 17801 |
| The state board may enter into a reciprocal agreement with | 17802 |
| the appropriate body or agency of any other state that has similar | 17803 |
| statewide achievement testing requirements for receiving high | 17804 |
| school diplomas, under which any student who has met an | 17805 |
| achievement testing requirement of one state is recognized as | 17806 |
| having met the similar achievement testing requirement of the | 17807 |
| other state for purposes of receiving a high school diploma. For | 17808 |
| purposes of this section and sections 3301.0711 and 3313.61 of the | 17809 |
| Revised Code, any student enrolled in any public high school in | 17810 |
| this state who has met an achievement testing requirement | 17811 |
| specified in a reciprocal agreement entered into under this | 17812 |
| division shall be deemed to have attained at least the applicable | 17813 |
| score designated under this division on each test required by this | 17814 |
| division that is specified in the agreement. | 17815 |
| (C) | 17816 |
| the state board shall annually designate as follows the dates on | 17817 |
| which the tests prescribed under this section shall be | 17818 |
| administered: | 17819 |
| (1) For the reading test prescribed under division (A)(1)(a) | 17820 |
| of this section, as follows: | 17821 |
| (a) One date prior to the thirty-first day of December each | 17822 |
| school year; | 17823 |
| (b) At least one date of each school year that is not earlier | 17824 |
|
than Monday of the week containing the | 17825 |
| May; | 17826 |
| (c) One date during the summer that is not earlier than the | 17827 |
| tenth day of June nor later than the fifteenth day of July for | 17828 |
| students receiving summer remediation services under section | 17829 |
| 3313.608 of the Revised Code. | 17830 |
| (2) For the mathematics test prescribed under division | 17831 |
| (A)(1)(a) of this section and the tests prescribed under divisions | 17832 |
| (A)(1)(b), (c), (d), (e), and (f) of this section, at least one | 17833 |
| date of each school year that is not earlier than Monday of the | 17834 |
|
week
containing
the
| 17835 |
| (3) For the tests prescribed under division (B) of this | 17836 |
| section, at least one date in each school year that is not earlier | 17837 |
| than Monday of the week containing the fifteenth day of March for | 17838 |
| all tenth grade students and at least one date prior to the | 17839 |
| thirty-first day of December and at least one date subsequent to | 17840 |
| that date but prior to the thirty-first day of March of each | 17841 |
| school year for eleventh and twelfth grade students. | 17842 |
| (D) In prescribing test dates pursuant to division (C)(3) of | 17843 |
| this section, the state board shall, to the greatest extent | 17844 |
| practicable, provide options to school districts in the case of | 17845 |
| tests administered under that division to eleventh and twelfth | 17846 |
| grade students and in the case of tests administered to students | 17847 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 17848 |
| Code. Such options shall include at least an opportunity for | 17849 |
| school districts to give such tests outside of regular school | 17850 |
| hours. | 17851 |
| (E) In prescribing test dates pursuant to this section, the | 17852 |
| state board of education shall designate the dates in such a way | 17853 |
| as to allow a reasonable length of time between the administration | 17854 |
| of tests prescribed under this section and any administration of | 17855 |
| the National Assessment of Education Progress Test given to | 17856 |
| students in the same grade level pursuant to section 3301.27 of | 17857 |
| the Revised Code or federal law. | 17858 |
| (F) The state board shall prescribe a practice version of | 17859 |
| each Ohio graduation test described in division (B) of this | 17860 |
| section that is of comparable length to the actual test. | 17861 |
| (G) Any committee established by the department of education | 17862 |
| for the purpose of making recommendations to the state board | 17863 |
| regarding the state board's designation of scores on the tests | 17864 |
| described by this section shall inform the state board of the | 17865 |
| probable percentage of students who would score in each of the | 17866 |
| ranges established under division (A)(2) of this section on the | 17867 |
| tests if the committee's recommendations are adopted by the state | 17868 |
| board. To the extent possible, these percentages shall be | 17869 |
| disaggregated by gender, major racial and ethnic groups, limited | 17870 |
| English proficient students, economically disadvantaged students, | 17871 |
| students with disabilities, and migrant students. | 17872 |
| If the state board intends to make any change to the | 17873 |
| committee's recommendations, the state board shall explain the | 17874 |
| intended change to the Ohio accountability task force established | 17875 |
| by section 3302.021 of the Revised Code. The task force shall | 17876 |
| recommend whether the state board should proceed to adopt the | 17877 |
| intended change. Nothing in this division shall require the state | 17878 |
| board to designate test scores based upon the recommendations of | 17879 |
| the task force. | 17880 |
| (H)(1) The state board shall require any alternate assessment | 17881 |
| administered to a student under division (C)(1) of section | 17882 |
| 3301.0711 of the Revised Code to be completed and submitted to the | 17883 |
| entity with which the department contracts for the scoring of the | 17884 |
| test not later than the first day of April of the school year in | 17885 |
| which the test is administered. | 17886 |
| (2) For any test prescribed by this section, the state board | 17887 |
| may designate a date one week earlier than the applicable date | 17888 |
| designated under division (C) of this section for the | 17889 |
| administration of the test to limited English proficient students. | 17890 |
| (3) In designating days for the administration of the tests | 17891 |
| prescribed by division (A) of this section, the state board shall | 17892 |
| require the tests for each grade level to be administered on | 17893 |
| consecutive days. | 17894 |
| Sec. 3301.0711. (A) The department of education shall: | 17895 |
| (1) Annually furnish to, grade, and score all tests required | 17896 |
| by section 3301.0710 of the Revised Code to be administered by | 17897 |
| city, local, exempted village, and joint vocational school | 17898 |
| districts, except that each district shall score any test | 17899 |
| administered pursuant to division (B)(10) of this section. Each | 17900 |
| test so furnished shall include the data verification code of the | 17901 |
| student to whom the test will be administered, as assigned | 17902 |
| pursuant to division (D)(2) of section 3301.0714 of the Revised | 17903 |
| Code. In furnishing the practice versions of Ohio graduation tests | 17904 |
| prescribed by division (F) of section 3301.0710 of the Revised | 17905 |
| Code, the department shall make the tests available on its web | 17906 |
| site for reproduction by districts. In awarding contracts for | 17907 |
| grading tests, the department shall give preference to Ohio-based | 17908 |
| entities employing Ohio residents. | 17909 |
| (2) Adopt rules for the ethical use of tests and prescribing | 17910 |
| the manner in which the tests prescribed by section 3301.0710 of | 17911 |
| the Revised Code shall be administered to students. | 17912 |
| (B) Except as provided in divisions (C) and (J) of this | 17913 |
| section, the board of education of each city, local, and exempted | 17914 |
| village school district shall, in accordance with rules adopted | 17915 |
| under division (A) of this section: | 17916 |
| (1) Administer the reading test prescribed under division | 17917 |
| (A)(1)(a) of section 3301.0710 of the Revised Code twice annually | 17918 |
| to all students in the third grade who have not attained the score | 17919 |
| designated for that test under division (A)(2)(c) of section | 17920 |
| 3301.0710 of the Revised Code and once each summer to students | 17921 |
| receiving summer remediation services under section 3313.608 of | 17922 |
| the Revised Code. | 17923 |
| (2) Administer the mathematics test prescribed under division | 17924 |
| (A)(1)(a) of section 3301.0710 of the Revised Code at least once | 17925 |
| annually to all students in the third grade. | 17926 |
| (3) Administer the tests prescribed under division (A)(1)(b) | 17927 |
| of section 3301.0710 of the Revised Code at least once annually to | 17928 |
| all students in the fourth grade. | 17929 |
| (4) Administer the tests prescribed under division (A)(1)(c) | 17930 |
| of section 3301.0710 of the Revised Code at least once annually to | 17931 |
| all students in the fifth grade. | 17932 |
| (5) Administer the tests prescribed under division (A)(1)(d) | 17933 |
| of section 3301.0710 of the Revised Code at least once annually to | 17934 |
| all students in the sixth grade. | 17935 |
| (6) Administer the tests prescribed under division (A)(1)(e) | 17936 |
| of section 3301.0710 of the Revised Code at least once annually to | 17937 |
| all students in the seventh grade. | 17938 |
| (7) Administer the tests prescribed under division (A)(1)(f) | 17939 |
| of section 3301.0710 of the Revised Code at least once annually to | 17940 |
| all students in the eighth grade. | 17941 |
| (8) Except as provided in division (B)(9) of this section, | 17942 |
| administer any test prescribed under division (B) of section | 17943 |
| 3301.0710 of the Revised Code as follows: | 17944 |
| (a) At least once annually to all tenth grade students and at | 17945 |
| least twice annually to all students in eleventh or twelfth grade | 17946 |
| who have not yet attained the score on that test designated under | 17947 |
| that division; | 17948 |
| (b) To any person who has successfully completed the | 17949 |
| curriculum in any high school or the individualized education | 17950 |
| program developed for the person by any high school pursuant to | 17951 |
| section 3323.08 of the Revised Code but has not received a high | 17952 |
| school diploma and who requests to take such test, at any time | 17953 |
| such test is administered in the district. | 17954 |
| (9) In lieu of the board of education of any city, local, or | 17955 |
| exempted village school district in which the student is also | 17956 |
| enrolled, the board of a joint vocational school district shall | 17957 |
| administer any test prescribed under division (B) of section | 17958 |
| 3301.0710 of the Revised Code at least twice annually to any | 17959 |
| student enrolled in the joint vocational school district who has | 17960 |
| not yet attained the score on that test designated under that | 17961 |
| division. A board of a joint vocational school district may also | 17962 |
| administer such a test to any student described in division | 17963 |
| (B)(8)(b) of this section. | 17964 |
| (10) If the district has been declared to be under an | 17965 |
| academic watch or in a state of academic emergency pursuant to | 17966 |
| section 3302.03 of the Revised Code or has a three-year average | 17967 |
| graduation rate of not more than seventy-five per cent, administer | 17968 |
| each test prescribed by division (F) of section 3301.0710 of the | 17969 |
| Revised Code in September to all ninth grade students, beginning | 17970 |
| in the school year that starts July 1, 2005. | 17971 |
| (C)(1)(a) Any student receiving special education services | 17972 |
| under Chapter 3323. of the Revised Code may be excused from taking | 17973 |
| any particular test required to be administered under this section | 17974 |
| if the individualized education program developed for the student | 17975 |
| pursuant to section 3323.08 of the Revised Code excuses the | 17976 |
| student from taking that test and instead specifies an alternate | 17977 |
| assessment method approved by the department of education as | 17978 |
| conforming to requirements of federal law for receipt of federal | 17979 |
| funds for disadvantaged pupils. To the extent possible, the | 17980 |
| individualized education program shall not excuse the student from | 17981 |
| taking a test unless no reasonable accommodation can be made to | 17982 |
| enable the student to take the test. | 17983 |
| (b) Any alternate assessment approved by the department for a | 17984 |
| student under this division shall produce measurable results | 17985 |
| comparable to those produced by the tests which the alternate | 17986 |
| assessments are replacing in order to allow for the student's | 17987 |
| assessment results to be included in the data compiled for a | 17988 |
| school district or building under section 3302.03 of the Revised | 17989 |
| Code. | 17990 |
| (c) Any student enrolled in a chartered nonpublic school who | 17991 |
| has been identified, based on an evaluation conducted in | 17992 |
| accordance with section 3323.03 of the Revised Code or section 504 | 17993 |
| of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 17994 |
| 794, as amended, as a child with a disability shall be excused | 17995 |
| from taking any particular test required to be administered under | 17996 |
| this section if a plan developed for the student pursuant to rules | 17997 |
| adopted by the state board excuses the student from taking that | 17998 |
| test. In the case of any student so excused from taking a test, | 17999 |
| the chartered nonpublic school shall not prohibit the student from | 18000 |
| taking the test. | 18001 |
| (2) A district board may, for medical reasons or other good | 18002 |
| cause, excuse a student from taking a test administered under this | 18003 |
| section on the date scheduled, but any such test shall be | 18004 |
| administered to such excused student not later than nine days | 18005 |
| following the scheduled date. The board shall annually report the | 18006 |
| number of students who have not taken one or more of the tests | 18007 |
| required by this section to the state board of education not later | 18008 |
| than the thirtieth day of June. | 18009 |
| (3) As used in this division, "limited English proficient | 18010 |
| student" has the same meaning as in 20 U.S.C. 7801. | 18011 |
| No school district board shall excuse any limited English | 18012 |
| proficient student from taking any particular test required to be | 18013 |
| administered under this section, except that any limited English | 18014 |
| proficient student who has been enrolled in United States schools | 18015 |
| for less than one full school year shall not be required to take | 18016 |
| any such reading or writing test. However, no board shall prohibit | 18017 |
| a limited English proficient student who is not required to take a | 18018 |
| test under this division from taking the test. A board may permit | 18019 |
| any limited English proficient student to take any test required | 18020 |
| to be administered under this section with appropriate | 18021 |
| accommodations, as determined by the department. For each limited | 18022 |
| English proficient student, each school district shall annually | 18023 |
| assess that student's progress in learning English, in accordance | 18024 |
| with procedures approved by the department. | 18025 |
| The governing authority of a chartered nonpublic school may | 18026 |
| excuse a limited English proficient student from taking any test | 18027 |
| administered under this section. However, no governing authority | 18028 |
| shall prohibit a limited English proficient student from taking | 18029 |
| the test. | 18030 |
| (D)(1) In the school year next succeeding the school year in | 18031 |
| which the tests prescribed by division (A)(1) or (B) of section | 18032 |
| 3301.0710 of the Revised Code or former division (A)(1), (A)(2), | 18033 |
| or (B) of section 3301.0710 of the Revised Code as it existed | 18034 |
| prior to September 11, 2001, are administered to any student, the | 18035 |
| board of education of any school district in which the student is | 18036 |
| enrolled in that year shall provide to the student intervention | 18037 |
| services commensurate with the student's test performance, | 18038 |
| including any intensive intervention required under section | 18039 |
| 3313.608 of the Revised Code, in any skill in which the student | 18040 |
| failed to demonstrate at least a score at the proficient level on | 18041 |
| the test. | 18042 |
| (2) Following any administration of the tests prescribed by | 18043 |
| division (F) of section 3301.0710 of the Revised Code to ninth | 18044 |
| grade students, each school district that has a three-year average | 18045 |
| graduation rate of not more than seventy-five per cent shall | 18046 |
| determine for each high school in the district whether the school | 18047 |
| shall be required to provide intervention services to any students | 18048 |
| who took the tests. In determining which high schools shall | 18049 |
| provide intervention services based on the resources available, | 18050 |
| the district shall consider each school's graduation rate and | 18051 |
| scores on the practice tests. The district also shall consider the | 18052 |
| scores received by ninth grade students on the reading and | 18053 |
| mathematics tests prescribed under division (A)(1)(f) of section | 18054 |
| 3301.0710 of the Revised Code in the eighth grade in determining | 18055 |
| which high schools shall provide intervention services. | 18056 |
| Each high school selected to provide intervention services | 18057 |
| under this division shall provide intervention services to any | 18058 |
| student whose test results indicate that the student is failing to | 18059 |
| make satisfactory progress toward being able to attain scores at | 18060 |
| the proficient level on the Ohio graduation tests. Intervention | 18061 |
| services shall be provided in any skill in which a student | 18062 |
| demonstrates unsatisfactory progress and shall be commensurate | 18063 |
| with the student's test performance. Schools shall provide the | 18064 |
| intervention services prior to the end of the school year, during | 18065 |
| the summer following the ninth grade, in the next succeeding | 18066 |
| school year, or at any combination of those times. | 18067 |
| (E) Except as provided in section 3313.608 of the Revised | 18068 |
| Code and division (M) of this section, no school district board of | 18069 |
| education shall utilize any student's failure to attain a | 18070 |
| specified score on any test administered under this section as a | 18071 |
| factor in any decision to deny the student promotion to a higher | 18072 |
| grade level. However, a district board may choose not to promote | 18073 |
| to the next grade level any student who does not take any test | 18074 |
| administered under this section or make up such test as provided | 18075 |
| by division (C)(2) of this section and who is not exempt from the | 18076 |
| requirement to take the test under division (C)(3) of this | 18077 |
| section. | 18078 |
| (F) No person shall be charged a fee for taking any test | 18079 |
| administered under this section. | 18080 |
| (G) | 18081 |
| 18082 | |
| 18083 | |
| the tests administered in the spring under division (B)(1) of this | 18084 |
| section and the tests administered under divisions (B)(2) to (7) | 18085 |
| of this section to the entity with which the department contracts | 18086 |
| for the scoring of the tests not later than the Friday after the | 18087 |
| tests are administered, except that any such test that a student | 18088 |
| takes during the make-up period described in division (C)(2) of | 18089 |
| this section shall be submitted not later than the Friday | 18090 |
| following the day the student takes the test. | 18091 |
| (2) The department or an entity with which the department | 18092 |
| contracts for the scoring of the test shall send to each school | 18093 |
| district board a list of the individual test scores of all persons | 18094 |
| taking | 18095 |
| section 3301.0710 of the Revised Code within sixty days after its | 18096 |
| administration, but in no case shall the scores be returned later | 18097 |
| than the fifteenth day of June following the administration. For | 18098 |
| any tests administered under this section by a joint vocational | 18099 |
| school district, the department or entity shall also send to each | 18100 |
| city, local, or exempted village school district a list of the | 18101 |
| individual test scores of any students of such city, local, or | 18102 |
| exempted village school district who are attending school in the | 18103 |
| joint vocational school district. | 18104 |
| (H) Individual test scores on any tests administered under | 18105 |
| this section shall be released by a district board only in | 18106 |
| accordance with section 3319.321 of the Revised Code and the rules | 18107 |
| adopted under division (A) of this section. No district board or | 18108 |
| its employees shall utilize individual or aggregate test results | 18109 |
| in any manner that conflicts with rules for the ethical use of | 18110 |
| tests adopted pursuant to division (A) of this section. | 18111 |
| (I) Except as provided in division (G) of this section, the | 18112 |
| department or an entity with which the department contracts for | 18113 |
| the scoring of the test shall not release any individual test | 18114 |
| scores on
any
test administered under this section | 18115 |
| board of education shall adopt rules to ensure the protection of | 18116 |
| student confidentiality at all times. The rules may require the | 18117 |
| use of the data verification codes assigned to students pursuant | 18118 |
| to division (D)(2) of section 3301.0714 of the Revised Code to | 18119 |
| protect the confidentiality of student test scores. | 18120 |
| (J) Notwithstanding division (D) of section 3311.52 of the | 18121 |
| Revised Code, this section does not apply to the board of | 18122 |
| education of any cooperative education school district except as | 18123 |
| provided under rules adopted pursuant to this division. | 18124 |
| (1) In accordance with rules that the state board of | 18125 |
| education shall adopt, the board of education of any city, | 18126 |
| exempted village, or local school district with territory in a | 18127 |
| cooperative education school district established pursuant to | 18128 |
| divisions (A) to (C) of section 3311.52 of the Revised Code may | 18129 |
| enter into an agreement with the board of education of the | 18130 |
| cooperative education school district for administering any test | 18131 |
| prescribed under this section to students of the city, exempted | 18132 |
| village, or local school district who are attending school in the | 18133 |
| cooperative education school district. | 18134 |
| (2) In accordance with rules that the state board of | 18135 |
| education shall adopt, the board of education of any city, | 18136 |
| exempted village, or local school district with territory in a | 18137 |
| cooperative education school district established pursuant to | 18138 |
| section 3311.521 of the Revised Code shall enter into an agreement | 18139 |
| with the cooperative district that provides for the administration | 18140 |
| of any test prescribed under this section to both of the | 18141 |
| following: | 18142 |
| (a) Students who are attending school in the cooperative | 18143 |
| district and who, if the cooperative district were not | 18144 |
| established, would be entitled to attend school in the city, | 18145 |
| local, or exempted village school district pursuant to section | 18146 |
| 3313.64 or 3313.65 of the Revised Code; | 18147 |
| (b) Persons described in division (B)(8)(b) of this section. | 18148 |
| Any testing of students pursuant to such an agreement shall | 18149 |
| be in lieu of any testing of such students or persons pursuant to | 18150 |
| this section. | 18151 |
| (K)(1) Any chartered nonpublic school may participate in the | 18152 |
| testing program by administering any of the tests prescribed by | 18153 |
| section 3301.0710 or 3301.0712 of the Revised Code if the chief | 18154 |
| administrator of the school specifies which tests the school | 18155 |
| wishes to administer. Such specification shall be made in writing | 18156 |
| to the superintendent of public instruction prior to the first day | 18157 |
| of August of any school year in which tests are administered and | 18158 |
| shall include a pledge that the nonpublic school will administer | 18159 |
| the specified tests in the same manner as public schools are | 18160 |
| required to do under this section and rules adopted by the | 18161 |
| department. | 18162 |
| (2) The department of education shall furnish the tests | 18163 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 18164 |
| to any chartered nonpublic school electing to participate under | 18165 |
| this division. | 18166 |
| (L)(1) The superintendent of the state school for the blind | 18167 |
| and the superintendent of the state school for the deaf shall | 18168 |
| administer the tests described by section 3301.0710 of the Revised | 18169 |
| Code. Each superintendent shall administer the tests in the same | 18170 |
| manner as district boards are required to do under this section | 18171 |
| and rules adopted by the department of education and in conformity | 18172 |
| with division (C)(1)(a) of this section. | 18173 |
| (2) The department of education shall furnish the tests | 18174 |
| described by section 3301.0710 of the Revised Code to each | 18175 |
| superintendent. | 18176 |
| (M) Notwithstanding division (E) of this section, a school | 18177 |
| district may use a student's failure to attain a score in at least | 18178 |
| the basic range on the mathematics test described by division | 18179 |
| (A)(1)(a) of section 3301.0710 of the Revised Code or on any of | 18180 |
| the tests described by division (A)(1)(b), (c), (d), (e), or (f) | 18181 |
| of section 3301.0710 of the Revised Code as a factor in retaining | 18182 |
| that student in the current grade level. | 18183 |
| (N)(1) | 18184 |
| of this section, the tests required by section 3301.0710 of the | 18185 |
| Revised Code shall become public records pursuant to section | 18186 |
| 149.43 of the Revised Code on the first day of July following the | 18187 |
| school year that the test was administered, except that the | 18188 |
| reading test prescribed under division (A)(1)(a) of section | 18189 |
| 3301.0710 of the Revised Code shall become a public record on the | 18190 |
| sixteenth day of July following the school year that the test was | 18191 |
| administered. | 18192 |
| (2) The department may field test proposed test questions | 18193 |
| with samples of students to determine the validity, reliability, | 18194 |
| or appropriateness of test questions for possible inclusion in a | 18195 |
| future year's test. The department also may use anchor questions | 18196 |
| on tests to ensure that different versions of the same test are of | 18197 |
| comparable difficulty. | 18198 |
| Field test questions and anchor questions shall not be | 18199 |
| considered in computing test scores for individual students. Field | 18200 |
| test questions and anchor questions may be included as part of the | 18201 |
| administration of any test required by section 3301.0710 of the | 18202 |
| Revised Code. | 18203 |
| (3) Any field test question or anchor question administered | 18204 |
| under division (N)(2) of this section shall not be a public | 18205 |
| record. Such field test questions and anchor questions shall be | 18206 |
| redacted from any tests which are released as a public record | 18207 |
| pursuant to division (N)(1) of this section. | 18208 |
| (4) This division applies to the tests prescribed by division | 18209 |
| (A) of section 3301.0710 of the Revised Code. | 18210 |
| (a) The first administration of each test, as specified in | 18211 |
| section 3301.0712 of the Revised Code, shall be a public record. | 18212 |
| (b) For subsequent administrations of each test, not less | 18213 |
| than forty per cent of the questions on the test that are used to | 18214 |
| compute a student's score shall be a public record. The department | 18215 |
| shall determine which questions will be needed for reuse on a | 18216 |
| future test and those questions shall not be public records and | 18217 |
| shall be redacted from the test prior to its release as a public | 18218 |
| record. | 18219 |
| (5) Each test prescribed by division (B) of section 3301.0710 | 18220 |
| of the Revised Code that is administered in the spring shall be a | 18221 |
| public record. Each test prescribed by that division that is | 18222 |
| administered in the fall or summer shall not be a public record. | 18223 |
| (O) As used in this section: | 18224 |
| (1) "Three-year average" means the average of the most recent | 18225 |
| consecutive three school years of data. | 18226 |
| (2) "Dropout" means a student who withdraws from school | 18227 |
| before completing course requirements for graduation and who is | 18228 |
| not enrolled in an education program approved by the state board | 18229 |
| of education or an education program outside the state. "Dropout" | 18230 |
| does not include a student who has departed the country. | 18231 |
| (3) "Graduation rate" means the ratio of students receiving a | 18232 |
| diploma to the number of students who entered ninth grade four | 18233 |
| years earlier. Students who transfer into the district are added | 18234 |
| to the calculation. Students who transfer out of the district for | 18235 |
| reasons other than dropout are subtracted from the calculation. If | 18236 |
| a student who was a dropout in any previous year returns to the | 18237 |
| same school district, that student shall be entered into the | 18238 |
| calculation as if the student had entered ninth grade four years | 18239 |
| before the graduation year of the graduating class that the | 18240 |
| student joins. | 18241 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 18242 |
| rules for a statewide education management information system. The | 18243 |
| rules shall require the state board to establish guidelines for | 18244 |
| the establishment and maintenance of the system in accordance with | 18245 |
| this section and the rules adopted under this section. The | 18246 |
| guidelines shall include: | 18247 |
| (1) Standards identifying and defining the types of data in | 18248 |
| the system in accordance with divisions (B) and (C) of this | 18249 |
| section; | 18250 |
| (2) Procedures for annually collecting and reporting the data | 18251 |
| to the state board in accordance with division (D) of this | 18252 |
| section; | 18253 |
| (3) Procedures for annually compiling the data in accordance | 18254 |
| with division (G) of this section; | 18255 |
| (4) Procedures for annually reporting the data to the public | 18256 |
| in accordance with division (H) of this section. | 18257 |
| (B) The guidelines adopted under this section shall require | 18258 |
| the data maintained in the education management information system | 18259 |
| to include at least the following: | 18260 |
| (1) Student participation and performance data, for each | 18261 |
| grade in each school district as a whole and for each grade in | 18262 |
| each school building in each school district, that includes: | 18263 |
| (a) The numbers of students receiving each category of | 18264 |
| instructional service offered by the school district, such as | 18265 |
| regular education instruction, vocational education instruction, | 18266 |
| specialized instruction programs or enrichment instruction that is | 18267 |
| part of the educational curriculum, instruction for gifted | 18268 |
| students, instruction for handicapped students, and remedial | 18269 |
| instruction. The guidelines shall require instructional services | 18270 |
| under this division to be divided into discrete categories if an | 18271 |
| instructional service is limited to a specific subject, a specific | 18272 |
| type of student, or both, such as regular instructional services | 18273 |
| in mathematics, remedial reading instructional services, | 18274 |
| instructional services specifically for students gifted in | 18275 |
| mathematics or some other subject area, or instructional services | 18276 |
| for students with a specific type of handicap. The categories of | 18277 |
| instructional services required by the guidelines under this | 18278 |
| division shall be the same as the categories of instructional | 18279 |
| services used in determining cost units pursuant to division | 18280 |
| (C)(3) of this section. | 18281 |
| (b) The numbers of students receiving support or | 18282 |
| extracurricular services for each of the support services or | 18283 |
| extracurricular programs offered by the school district, such as | 18284 |
| counseling services, health services, and extracurricular sports | 18285 |
| and fine arts programs. The categories of services required by the | 18286 |
| guidelines under this division shall be the same as the categories | 18287 |
| of services used in determining cost units pursuant to division | 18288 |
| (C)(4)(a) of this section. | 18289 |
| (c) Average student grades in each subject in grades nine | 18290 |
| through twelve; | 18291 |
| (d) Academic achievement levels as assessed by the testing of | 18292 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 18293 |
| Revised Code; | 18294 |
| (e) The number of students designated as having a | 18295 |
| handicapping condition pursuant to division (C)(1) of section | 18296 |
| 3301.0711 of the Revised Code; | 18297 |
| (f) The numbers of students reported to the state board | 18298 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 18299 |
| Code; | 18300 |
| (g) Attendance rates and the average daily attendance for the | 18301 |
| year. For purposes of this division, a student shall be counted as | 18302 |
| present for any field trip that is approved by the school | 18303 |
| administration. | 18304 |
| (h) Expulsion rates; | 18305 |
| (i) Suspension rates; | 18306 |
| (j) The percentage of students receiving corporal punishment; | 18307 |
| (k) Dropout rates; | 18308 |
| (l) Rates of retention in grade; | 18309 |
| (m) For pupils in grades nine through twelve, the average | 18310 |
| number of carnegie units, as calculated in accordance with state | 18311 |
| board of education rules; | 18312 |
| (n) Graduation rates, to be calculated in a manner specified | 18313 |
| by the department of education that reflects the rate at which | 18314 |
| students who were in the ninth grade three years prior to the | 18315 |
| current year complete school and that is consistent with | 18316 |
| nationally accepted reporting requirements; | 18317 |
| (o) Results of diagnostic assessments administered to | 18318 |
| kindergarten students as required under section 3301.0715 of the | 18319 |
| Revised Code to permit a comparison of the academic readiness of | 18320 |
| kindergarten students. However, no district shall be required to | 18321 |
| report to the department the results of any diagnostic assessment | 18322 |
| administered to a kindergarten student if the parent of that | 18323 |
| student requests the district not to report those results. | 18324 |
| (2) Personnel and classroom enrollment data for each school | 18325 |
| district, including: | 18326 |
| (a) The total numbers of licensed employees and nonlicensed | 18327 |
| employees and the numbers of full-time equivalent licensed | 18328 |
| employees and nonlicensed employees providing each category of | 18329 |
| instructional service, instructional support service, and | 18330 |
| administrative support service used pursuant to division (C)(3) of | 18331 |
| this section. The guidelines adopted under this section shall | 18332 |
| require these categories of data to be maintained for the school | 18333 |
| district as a whole and, wherever applicable, for each grade in | 18334 |
| the school district as a whole, for each school building as a | 18335 |
| whole, and for each grade in each school building. | 18336 |
| (b) The total number of employees and the number of full-time | 18337 |
| equivalent employees providing each category of service used | 18338 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 18339 |
| total numbers of licensed employees and nonlicensed employees and | 18340 |
| the numbers of full-time equivalent licensed employees and | 18341 |
| nonlicensed employees providing each category used pursuant to | 18342 |
| division (C)(4)(c) of this section. The guidelines adopted under | 18343 |
| this section shall require these categories of data to be | 18344 |
| maintained for the school district as a whole and, wherever | 18345 |
| applicable, for each grade in the school district as a whole, for | 18346 |
| each school building as a whole, and for each grade in each school | 18347 |
| building. | 18348 |
| (c) The total number of regular classroom teachers teaching | 18349 |
| classes of regular education and the average number of pupils | 18350 |
| enrolled in each such class, in each of grades kindergarten | 18351 |
| through five in the district as a whole and in each school | 18352 |
| building in the school district. | 18353 |
| (d) The number of master teachers employed by each school | 18354 |
| district and each school building, once a definition of master | 18355 |
| teacher has been developed by the educator standards board | 18356 |
| pursuant to section 3319.61 of the Revised Code. | 18357 |
| (3)(a) Student demographic data for each school district, | 18358 |
| including information regarding the gender ratio of the school | 18359 |
| district's pupils, the racial make-up of the school district's | 18360 |
| pupils, the number of limited English proficient students in the | 18361 |
| district, and an appropriate measure of the number of the school | 18362 |
| district's pupils who reside in economically disadvantaged | 18363 |
| households. The demographic data shall be collected in a manner to | 18364 |
| allow correlation with data collected under division (B)(1) of | 18365 |
| this section. Categories for data collected pursuant to division | 18366 |
| (B)(3) of this section shall conform, where appropriate, to | 18367 |
| standard practices of agencies of the federal government. | 18368 |
| (b) With respect to each student entering kindergarten, | 18369 |
| whether the student previously participated in a public preschool | 18370 |
| program, a private preschool program, or a head start program, and | 18371 |
| the number of years the student participated in each of these | 18372 |
| programs. | 18373 |
| (4) Any data required to be collected pursuant to federal | 18374 |
| law. | 18375 |
| (C) The education management information system shall include | 18376 |
| cost accounting data for each district as a whole and for each | 18377 |
| school building in each school district. The guidelines adopted | 18378 |
| under this section shall require the cost data for each school | 18379 |
| district to be maintained in a system of mutually exclusive cost | 18380 |
| units and shall require all of the costs of each school district | 18381 |
| to be divided among the cost units. The guidelines shall require | 18382 |
| the system of mutually exclusive cost units to include at least | 18383 |
| the following: | 18384 |
| (1) Administrative costs for the school district as a whole. | 18385 |
| The guidelines shall require the cost units under this division | 18386 |
| (C)(1) to be designed so that each of them may be compiled and | 18387 |
| reported in terms of average expenditure per pupil in formula ADM | 18388 |
| in the school district, as determined pursuant to section 3317.03 | 18389 |
| of the Revised Code. | 18390 |
| (2) Administrative costs for each school building in the | 18391 |
| school district. The guidelines shall require the cost units under | 18392 |
| this division (C)(2) to be designed so that each of them may be | 18393 |
| compiled and reported in terms of average expenditure per | 18394 |
| full-time equivalent pupil receiving instructional or support | 18395 |
| services in each building. | 18396 |
| (3) Instructional services costs for each category of | 18397 |
| instructional service provided directly to students and required | 18398 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 18399 |
| section. The guidelines shall require the cost units under | 18400 |
| division (C)(3) of this section to be designed so that each of | 18401 |
| them may be compiled and reported in terms of average expenditure | 18402 |
| per pupil receiving the service in the school district as a whole | 18403 |
| and average expenditure per pupil receiving the service in each | 18404 |
| building in the school district and in terms of a total cost for | 18405 |
| each category of service and, as a breakdown of the total cost, a | 18406 |
| cost for each of the following components: | 18407 |
| (a) The cost of each instructional services category required | 18408 |
| by guidelines adopted under division (B)(1)(a) of this section | 18409 |
| that is provided directly to students by a classroom teacher; | 18410 |
| (b) The cost of the instructional support services, such as | 18411 |
| services provided by a speech-language pathologist, classroom | 18412 |
| aide, multimedia aide, or librarian, provided directly to students | 18413 |
| in conjunction with each instructional services category; | 18414 |
| (c) The cost of the administrative support services related | 18415 |
| to each instructional services category, such as the cost of | 18416 |
| personnel that develop the curriculum for the instructional | 18417 |
| services category and the cost of personnel supervising or | 18418 |
| coordinating the delivery of the instructional services category. | 18419 |
| (4) Support or extracurricular services costs for each | 18420 |
| category of service directly provided to students and required by | 18421 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 18422 |
| The guidelines shall require the cost units under division (C)(4) | 18423 |
| of this section to be designed so that each of them may be | 18424 |
| compiled and reported in terms of average expenditure per pupil | 18425 |
| receiving the service in the school district as a whole and | 18426 |
| average expenditure per pupil receiving the service in each | 18427 |
| building in the school district and in terms of a total cost for | 18428 |
| each category of service and, as a breakdown of the total cost, a | 18429 |
| cost for each of the following components: | 18430 |
| (a) The cost of each support or extracurricular services | 18431 |
| category required by guidelines adopted under division (B)(1)(b) | 18432 |
| of this section that is provided directly to students by a | 18433 |
| licensed employee, such as services provided by a guidance | 18434 |
| counselor or any services provided by a licensed employee under a | 18435 |
| supplemental contract; | 18436 |
| (b) The cost of each such services category provided directly | 18437 |
| to students by a nonlicensed employee, such as janitorial | 18438 |
| services, cafeteria services, or services of a sports trainer; | 18439 |
| (c) The cost of the administrative services related to each | 18440 |
| services category in division (C)(4)(a) or (b) of this section, | 18441 |
| such as the cost of any licensed or nonlicensed employees that | 18442 |
| develop, supervise, coordinate, or otherwise are involved in | 18443 |
| administering or aiding the delivery of each services category. | 18444 |
| (D)(1) The guidelines adopted under this section shall | 18445 |
| require school districts to collect information about individual | 18446 |
| students, staff members, or both in connection with any data | 18447 |
| required by division (B) or (C) of this section or other reporting | 18448 |
| requirements established in the Revised Code. The guidelines may | 18449 |
| also require school districts to report information about | 18450 |
| individual staff members in connection with any data required by | 18451 |
| division (B) or (C) of this section or other reporting | 18452 |
| requirements established in the Revised Code. The guidelines shall | 18453 |
| not authorize school districts to request social security numbers | 18454 |
| of individual students. The guidelines shall prohibit the | 18455 |
| reporting under this section of a student's name, address, and | 18456 |
| social security number to the state board of education or the | 18457 |
| department of education. The guidelines shall also prohibit the | 18458 |
| reporting under this section of any personally identifiable | 18459 |
| information about any student, except for the purpose of assigning | 18460 |
| the data verification code required by division (D)(2) of this | 18461 |
| section, to any other person unless such person is employed by the | 18462 |
| school district or the data acquisition site operated under | 18463 |
| section 3301.075 of the Revised Code and is authorized by the | 18464 |
| district or acquisition site to have access to such information or | 18465 |
| is employed by an entity with which the department contracts for | 18466 |
| the scoring of tests administered under section 3301.0711 or | 18467 |
| 3301.0712 of the Revised Code. The guidelines may require school | 18468 |
| districts to provide the social security numbers of individual | 18469 |
| staff members. | 18470 |
| (2) The guidelines shall provide for each school district or | 18471 |
| community school to assign a data verification code that is unique | 18472 |
| on a statewide basis over time to each student whose initial Ohio | 18473 |
| enrollment is in that district or school and to report all | 18474 |
| required individual student data for that student utilizing such | 18475 |
| code. The guidelines shall also provide for assigning data | 18476 |
| verification codes to all students enrolled in districts or | 18477 |
| community schools on the effective date of the guidelines | 18478 |
| established under this section. | 18479 |
| Individual student data shall be reported to the department | 18480 |
| through the data acquisition sites utilizing the code but at no | 18481 |
| time shall the state board or the department have access to | 18482 |
| information that would enable any data verification code to be | 18483 |
| matched to personally identifiable student data. | 18484 |
| Each school district shall ensure that the data verification | 18485 |
| code is included in the student's records reported to any | 18486 |
| subsequent school district or community school in which the | 18487 |
| student enrolls. Any such subsequent district or school shall | 18488 |
| utilize the same identifier in its reporting of data under this | 18489 |
| section. | 18490 |
| (E) The guidelines adopted under this section may require | 18491 |
| school districts to collect and report data, information, or | 18492 |
| reports other than that described in divisions (A), (B), and (C) | 18493 |
| of this section for the purpose of complying with other reporting | 18494 |
| requirements established in the Revised Code. The other data, | 18495 |
| information, or reports may be maintained in the education | 18496 |
| management information system but are not required to be compiled | 18497 |
| as part of the profile formats required under division (G) of this | 18498 |
| section or the annual statewide report required under division (H) | 18499 |
| of this section. | 18500 |
| (F) Beginning with the school year that begins July 1, 1991, | 18501 |
| the board of education of each school district shall annually | 18502 |
| collect and report to the state board, in accordance with the | 18503 |
| guidelines established by the board, the data required pursuant to | 18504 |
| this section. A school district may collect and report these data | 18505 |
| notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 18506 |
| (G) The state board shall, in accordance with the procedures | 18507 |
| it adopts, annually compile the data reported by each school | 18508 |
| district pursuant to division (D) of this section. The state board | 18509 |
| shall design formats for profiling each school district as a whole | 18510 |
| and each school building within each district and shall compile | 18511 |
| the data in accordance with these formats. These profile formats | 18512 |
| shall: | 18513 |
| (1) Include all of the data gathered under this section in a | 18514 |
| manner that facilitates comparison among school districts and | 18515 |
| among school buildings within each school district; | 18516 |
| (2) Present the data on academic achievement levels as | 18517 |
| assessed by the testing of student achievement maintained pursuant | 18518 |
| to division (B)(1)(d) of this section. | 18519 |
| (H)(1) The state board shall, in accordance with the | 18520 |
| procedures it adopts, annually prepare a statewide report for all | 18521 |
| school districts and the general public that includes the profile | 18522 |
| of each of the school districts developed pursuant to division (G) | 18523 |
| of this section. Copies of the report shall be sent to each school | 18524 |
| district. | 18525 |
| (2) The state board shall, in accordance with the procedures | 18526 |
| it adopts, annually prepare an individual report for each school | 18527 |
| district and the general public that includes the profiles of each | 18528 |
| of the school buildings in that school district developed pursuant | 18529 |
| to division (G) of this section. Copies of the report shall be | 18530 |
| sent to the superintendent of the district and to each member of | 18531 |
| the district board of education. | 18532 |
| (3) Copies of the reports received from the state board under | 18533 |
| divisions (H)(1) and (2) of this section shall be made available | 18534 |
| to the general public at each school district's offices. Each | 18535 |
| district board of education shall make copies of each report | 18536 |
| available to any person upon request and payment of a reasonable | 18537 |
| fee for the cost of reproducing the report. The board shall | 18538 |
| annually publish in a newspaper of general circulation in the | 18539 |
| school district, at least twice during the two weeks prior to the | 18540 |
| week in which the reports will first be available, a notice | 18541 |
| containing the address where the reports are available and the | 18542 |
| date on which the reports will be available. | 18543 |
| (I) Any data that is collected or maintained pursuant to this | 18544 |
| section and that identifies an individual pupil is not a public | 18545 |
| record for the purposes of section 149.43 of the Revised Code. | 18546 |
| (J) As used in this section: | 18547 |
| (1) "School district" means any city, local, exempted | 18548 |
| village, or joint vocational school district. | 18549 |
| (2) "Cost" means any expenditure for operating expenses made | 18550 |
| by a school district excluding any expenditures for debt | 18551 |
| retirement except for payments made to any commercial lending | 18552 |
| institution for any loan approved pursuant to section 3313.483 of | 18553 |
| the Revised Code. | 18554 |
| (K) Any person who removes data from the information system | 18555 |
| established under this section for the purpose of releasing it to | 18556 |
| any person not entitled under law to have access to such | 18557 |
| information is subject to section 2913.42 of the Revised Code | 18558 |
| prohibiting tampering with data. | 18559 |
| (L) Any time the department of education determines that a | 18560 |
| school district has taken any of the actions described under | 18561 |
| division (L)(1), (2), or (3) of this section, it shall make a | 18562 |
| report of the actions of the district, send a copy of the report | 18563 |
| to the superintendent of such school district, and maintain a copy | 18564 |
| of the report in its files: | 18565 |
| (1) The school district fails to meet any deadline | 18566 |
| established pursuant to this section for the reporting of any data | 18567 |
| to the education management information system; | 18568 |
| (2) The school district fails to meet any deadline | 18569 |
| established pursuant to this section for the correction of any | 18570 |
| data reported to the education management information system; | 18571 |
| (3) The school district reports data to the education | 18572 |
| management information system in a condition, as determined by the | 18573 |
| department, that indicates that the district did not make a good | 18574 |
| faith effort in reporting the data to the system. | 18575 |
| Any report made under this division shall include | 18576 |
| recommendations for corrective action by the school district. | 18577 |
| Upon making a report for the first time in a fiscal year, the | 18578 |
| department shall withhold ten per cent of the total amount due | 18579 |
| during that fiscal year under Chapter 3317. of the Revised Code to | 18580 |
| the school district to which the report applies. Upon making a | 18581 |
| second report in a fiscal year, the department shall withhold an | 18582 |
| additional twenty per cent of such total amount due during that | 18583 |
| fiscal year to the school district to which the report applies. | 18584 |
| The department shall not release such funds unless it determines | 18585 |
| that the district has taken corrective action. However, no such | 18586 |
| release of funds shall occur if the district fails to take | 18587 |
| corrective action within forty-five days of the date upon which | 18588 |
| the report was made by the department. | 18589 |
| (M) No data acquisition site or school district shall | 18590 |
| acquire, change, or update its student administration software | 18591 |
| package to manage and report data required to be reported to the | 18592 |
| department unless it converts to a student software package that | 18593 |
| is certified by the department. | 18594 |
| (N) The state board of education, in accordance with sections | 18595 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 18596 |
| license as defined under division (A) of section 3319.31 of the | 18597 |
| Revised Code that has been issued to any school district employee | 18598 |
| found to have willfully reported erroneous, inaccurate, or | 18599 |
| incomplete data to the education management information system. | 18600 |
| (O) No person shall release or maintain any information about | 18601 |
| any student in violation of this section. Whoever violates this | 18602 |
| division is guilty of a misdemeanor of the fourth degree. | 18603 |
| (P) The department shall disaggregate the data collected | 18604 |
| under division (B)(1)(o) of this section according to the race and | 18605 |
| socioeconomic status of the students assessed. No data collected | 18606 |
| under that division shall be included on the report cards required | 18607 |
| by section 3302.03 of the Revised Code. | 18608 |
| (Q) If the department cannot compile any of the information | 18609 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 18610 |
| based upon the data collected under this section, the department | 18611 |
| shall develop a plan and a reasonable timeline for the collection | 18612 |
| of any data necessary to comply with that division. | 18613 |
| Sec. 3301.0715. (A) Except as provided in division (E) of | 18614 |
| this section, the board of education of each city, local, and | 18615 |
| exempted village school district shall administer each applicable | 18616 |
| diagnostic assessment developed and provided to the district in | 18617 |
| accordance with section 3301.079 of the Revised Code to the | 18618 |
| following: | 18619 |
| (1) Each student enrolled in a building subject to division | 18620 |
| (E) of section 3302.04 of the Revised Code; | 18621 |
| (2) Any student who transfers into the district or to a | 18622 |
| different school within the district if each applicable diagnostic | 18623 |
| assessment was not administered by the district or school the | 18624 |
| student previously attended in the current school year, within | 18625 |
| thirty days after the date of transfer. If the district or school | 18626 |
| into which the student transfers cannot determine whether the | 18627 |
| student has taken any applicable diagnostic assessment in the | 18628 |
| current school year, the district or school may administer the | 18629 |
| diagnostic assessment to the student. | 18630 |
| (3) Each kindergarten student, not later than six weeks after | 18631 |
| the first day of school. For the purpose of division (A)(3) of | 18632 |
| this section, the district shall administer the kindergarten | 18633 |
| readiness assessment provided by the department of education. The | 18634 |
| district may administer the readiness assessment to a student | 18635 |
| prior to the student's enrollment in kindergarten, but in no case | 18636 |
| shall the results of the readiness assessment be used to prohibit | 18637 |
| the student from enrolling in kindergarten. | 18638 |
| (4) Each student enrolled in first or second grade. | 18639 |
| (B) Each district board shall administer each diagnostic | 18640 |
| assessment as the board deems appropriate. However, the board | 18641 |
| shall administer any diagnostic assessment at least once annually | 18642 |
| to all students in the appropriate grade level. A district board | 18643 |
| may administer any diagnostic assessment in the fall and spring of | 18644 |
| a school year to measure the amount of academic growth | 18645 |
| attributable to the instruction received by students during that | 18646 |
| school year. | 18647 |
| (C) Each district board shall utilize and score any | 18648 |
| diagnostic assessment administered under division (A) of this | 18649 |
| section in accordance with rules established by the department. | 18650 |
| Except as required by division (B)(1)(o) of section 3301.0714 of | 18651 |
| the Revised Code, neither the state board of education nor the | 18652 |
| department shall require school districts to report the results of | 18653 |
| diagnostic assessments for any students to the department or to | 18654 |
| make any such results available in any form to the public. After | 18655 |
| the administration of any diagnostic assessment, each district | 18656 |
| shall provide a student's completed diagnostic assessment, the | 18657 |
| results of such assessment, and any other accompanying documents | 18658 |
| used during the administration of the assessment to the parent of | 18659 |
| that student upon the parent's request. | 18660 |
| (D) Each district board shall provide intervention services | 18661 |
| to students whose diagnostic assessments show that they are | 18662 |
| failing to make satisfactory progress toward attaining the | 18663 |
| academic standards for their grade level. | 18664 |
| (E) Any district that made adequate yearly progress, as | 18665 |
| defined in section 3302.01 of the Revised Code, in the immediately | 18666 |
| preceding school year may assess student progress in grades one | 18667 |
| through | 18668 |
| diagnostic assessment required by division (A) of this section. | 18669 |
| (F) A district board may administer | 18670 |
| writing diagnostic assessment provided to the district in | 18671 |
| accordance with section 3301.079 of the Revised Code to any | 18672 |
| student enrolled in a building that is not subject to division | 18673 |
| (A)(1) of this section. Any district electing to administer the | 18674 |
| diagnostic | 18675 |
| shall provide intervention services to any such student whose | 18676 |
| diagnostic assessment shows unsatisfactory progress toward | 18677 |
| attaining the academic standards for the student's grade level. | 18678 |
| Sec. 3301.12. (A) The superintendent of public instruction | 18679 |
| in addition to the authority otherwise imposed on
| 18680 |
| superintendent, shall perform the following duties: | 18681 |
| (1) | 18682 |
| professional assistance and advice to all school districts in | 18683 |
| reference to all aspects of education, including finance, | 18684 |
| buildings and equipment, administration, organization of school | 18685 |
| districts, curriculum and instruction, transportation of pupils, | 18686 |
| personnel problems, and the interpretation of school laws and | 18687 |
| state regulations. | 18688 |
| (2) | 18689 |
| preparation and filing of such financial and other reports from | 18690 |
| school districts, officers, and employees as are necessary or | 18691 |
| proper. | 18692 |
| installation by school districts of such standardized reporting | 18693 |
| forms and accounting procedures as are essential to the | 18694 |
| businesslike operations of the public schools of the state. | 18695 |
| (3) | 18696 |
| research projects as are necessary or desirable for the | 18697 |
| improvement of public school education in Ohio, and such as may be | 18698 |
| assigned to | 18699 |
| education. Such studies and projects may include analysis of data | 18700 |
| contained in the education management information system | 18701 |
| established under section 3301.0714 of the Revised Code. For any | 18702 |
| study or project that requires the analysis of individual student | 18703 |
| data, the department of education or any entity with which the | 18704 |
| superintendent or department contracts to conduct the study or | 18705 |
| project shall maintain the confidentiality of student data at all | 18706 |
| times. For this purpose, the department or contracting entity | 18707 |
| shall use the data verification code assigned pursuant to division | 18708 |
| (D)(2) of section 3301.0714 of the Revised Code for each student | 18709 |
| whose data is analyzed. Except as otherwise provided in division | 18710 |
| (D)(1) of section 3301.0714 of the Revised Code, at no time shall | 18711 |
| the superintendent, the department, the state board of education, | 18712 |
| or any entity conducting a study or research project on the | 18713 |
| superintendent's behalf have access to a student's name, address, | 18714 |
| or social security number while analyzing individual student data. | 18715 |
| (4) | 18716 |
| to the state board of education a report of the activities of the | 18717 |
| department of education and the status, problems, and needs of | 18718 |
| education in the state of Ohio. | 18719 |
| (5) | 18720 |
| which the board exercises administrative control, including | 18721 |
| schools for education of handicapped persons. | 18722 |
| (B) The superintendent of public instruction may annually | 18723 |
| inspect and analyze the expenditures of each school district and | 18724 |
| make a determination as to the efficiency of each district's | 18725 |
| costs, relative to other school districts in the state, for | 18726 |
| instructional, administrative, and student support services. The | 18727 |
| superintendent shall notify each school district as to the nature | 18728 |
|
of, and reasons for, | 18729 |
| education shall adopt rules in accordance with Chapter 119. of the | 18730 |
| Revised Code setting forth the procedures and standards for the | 18731 |
| performance of the inspection and analysis. | 18732 |
| Sec. 3301.16. Pursuant to standards prescribed by the state | 18733 |
| board of education as provided in division (D) of section 3301.07 | 18734 |
| of the Revised Code, the state board shall classify and charter | 18735 |
| school districts and individual schools within each district | 18736 |
| except that no charter shall be granted to a nonpublic school | 18737 |
| unless pursuant to division (K) of section 3301.0711 of the | 18738 |
| Revised Code the school elects to administer the tests prescribed | 18739 |
| by division (B) of section 3301.0710 of the Revised Code beginning | 18740 |
| July 1, 1995. | 18741 |
| In the course of considering the charter of a new school | 18742 |
| district created under section 3311.26 or 3311.38 of the Revised | 18743 |
| Code, the state board shall require the party proposing creation | 18744 |
| of the district to submit to the board a map, certified by the | 18745 |
| county auditor of the county in which the proposed new district is | 18746 |
| located, showing the boundaries of the proposed new district. In | 18747 |
| the case of a proposed new district located in more than one | 18748 |
| county, the map shall be certified by the county auditor of each | 18749 |
| county in which the proposed district is located. | 18750 |
| The state board shall revoke the charter of any school | 18751 |
| district or school which fails to meet the standards for | 18752 |
| elementary and high schools as prescribed by the board. The state | 18753 |
| board shall also revoke the charter of any nonpublic school that | 18754 |
| does not comply with section 3313.612 of the Revised Code or, on | 18755 |
| or after July 1, 1995, does not participate in the testing program | 18756 |
| prescribed by division (B) of section 3301.0710 of the Revised | 18757 |
| Code. | 18758 |
| In the issuance and revocation of school district or school | 18759 |
| charters, the state board shall be governed by the provisions of | 18760 |
| Chapter 119. of the Revised Code. | 18761 |
| No school district, or individual school operated by a school | 18762 |
| district, shall operate without a charter issued by the state | 18763 |
| board under this section. | 18764 |
| In case a school district charter is revoked pursuant to this | 18765 |
| section, the state board may dissolve the school district and | 18766 |
| transfer its territory to one or more adjacent districts. An | 18767 |
| equitable division of the funds, property, and indebtedness of the | 18768 |
| school district shall be made by the state board among the | 18769 |
| receiving districts. The board of education of a receiving | 18770 |
| district shall accept such territory pursuant to the order of the | 18771 |
| state board. Prior to dissolving the school district, the state | 18772 |
| board shall notify the appropriate educational service center | 18773 |
| governing board and all adjacent school district boards of | 18774 |
| education of its intention to do so. Boards so notified may make | 18775 |
| recommendations to the state board regarding the proposed | 18776 |
| dissolution and subsequent transfer of territory. Except as | 18777 |
| provided in section 3301.161 of the Revised Code, the transfer | 18778 |
| ordered by the state board shall become effective on the date | 18779 |
| specified by the state board, but the date shall be at least | 18780 |
| thirty days following the date of issuance of the order. | 18781 |
| A high school is one of higher grade than an elementary | 18782 |
| school, in which instruction and training are given in accordance | 18783 |
| with sections 3301.07 and 3313.60 of the Revised Code and which | 18784 |
| also offers other subjects of study more advanced than those | 18785 |
| taught in the elementary schools and such other subjects as may be | 18786 |
| approved by the state board of education. | 18787 |
| An elementary school is one in which instruction and training | 18788 |
| are given in accordance with sections 3301.07 and 3313.60 of the | 18789 |
| Revised Code and which offers such other subjects as may be | 18790 |
| approved by the state board of education. In districts wherein a | 18791 |
| junior high school is maintained, the elementary schools in that | 18792 |
| district may be considered to include only the work of the first | 18793 |
| six school years inclusive, plus the kindergarten year. | 18794 |
| Sec. 3301.311. (A) As used in this section, "preschool | 18795 |
| program" and "school child program" have the same meanings as in | 18796 |
| section 3301.52 of the Revised Code. | 18797 |
| (B) After | 18798 |
| program, school child program, or early learning program, as | 18799 |
| defined by the department of education, shall receive any funds | 18800 |
| from the state unless fifty per cent of the staff members employed | 18801 |
| by that program as teachers are working toward an associate degree | 18802 |
| of
a type approved by the department | 18803 |
| 18804 | |
| 18805 | |
| 18806 | |
| 18807 | |
| 18808 | |
| program, shall receive any funds from the state unless every staff | 18809 |
| member employed by that program as a teacher has attained such a | 18810 |
| degree. | 18811 |
| Sec. 3301.32. (A)(1) The chief administrator of any head | 18812 |
| start agency shall request the superintendent of the bureau of | 18813 |
| criminal identification and investigation to conduct a criminal | 18814 |
| records check with respect to any applicant who has applied to the | 18815 |
| head start agency for employment as a person responsible for the | 18816 |
| care, custody, or control of a child. If the applicant does not | 18817 |
| present proof that the applicant has been a resident of this state | 18818 |
| for the five-year period immediately prior to the date upon which | 18819 |
| the criminal records check is requested or does not provide | 18820 |
| evidence that within that five-year period the superintendent has | 18821 |
| requested information about the applicant from the federal bureau | 18822 |
| of investigation in a criminal records check, the chief | 18823 |
| administrator shall request that the superintendent obtain | 18824 |
| information from the federal bureau of investigation as a part of | 18825 |
| the criminal records check for the applicant. If the applicant | 18826 |
| presents proof that the applicant has been a resident of this | 18827 |
| state for that five-year period, the chief administrator may | 18828 |
| request that the superintendent include information from the | 18829 |
| federal bureau of investigation in the criminal records check. | 18830 |
| (2) Any person required by division (A)(1) of this section to | 18831 |
| request a criminal records check shall provide to each applicant a | 18832 |
| copy of the form prescribed pursuant to division (C)(1) of section | 18833 |
| 109.572 of the Revised Code, provide to each applicant a standard | 18834 |
| impression sheet to obtain fingerprint impressions prescribed | 18835 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 18836 |
| Code, obtain the completed form and impression sheet from each | 18837 |
| applicant, and forward the completed form and impression sheet to | 18838 |
| the superintendent of the bureau of criminal identification and | 18839 |
| investigation at the time the chief administrator requests a | 18840 |
| criminal records check pursuant to division (A)(1) of this | 18841 |
| section. | 18842 |
| (3) Any applicant who receives pursuant to division (A)(2) of | 18843 |
| this section a copy of the form prescribed pursuant to division | 18844 |
| (C)(1) of section 109.572 of the Revised Code and a copy of an | 18845 |
| impression sheet prescribed pursuant to division (C)(2) of that | 18846 |
| section and who is requested to complete the form and provide a | 18847 |
| set of fingerprint impressions shall complete the form or provide | 18848 |
| all the information necessary to complete the form and shall | 18849 |
| provide the impression sheets with the impressions of the | 18850 |
| applicant's fingerprints. If an applicant, upon request, fails to | 18851 |
| provide the information necessary to complete the form or fails to | 18852 |
| provide impressions of the applicant's fingerprints, the head | 18853 |
| start agency shall not employ that applicant for any position for | 18854 |
| which a criminal records check is required by division (A)(1) of | 18855 |
| this section. | 18856 |
| (B)(1) Except as provided in rules adopted by the director of | 18857 |
| job and family services in accordance with division (E) of this | 18858 |
| section, no head start agency shall employ a person as a person | 18859 |
| responsible for the care, custody, or control of a child if the | 18860 |
| person previously has been convicted of or pleaded guilty to any | 18861 |
| of the following: | 18862 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 18863 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 18864 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 18865 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 18866 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 18867 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 18868 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 18869 |
| 2925.06, or 3716.11 of the Revised Code, a violation of section | 18870 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 18871 |
| violation of section 2919.23 of the Revised Code that would have | 18872 |
| been a violation of section 2905.04 of the Revised Code as it | 18873 |
| existed prior to July 1, 1996, had the violation occurred prior to | 18874 |
| that date, a violation of section 2925.11 of the Revised Code that | 18875 |
| is not a minor drug possession offense, or felonious sexual | 18876 |
| penetration in violation of former section 2907.12 of the Revised | 18877 |
| Code; | 18878 |
| (b) A violation of an existing or former law of this state, | 18879 |
| any other state, or the United States that is substantially | 18880 |
| equivalent to any of the offenses or violations described in | 18881 |
| division (B)(1)(a) of this section. | 18882 |
| (2) A head start agency may employ an applicant conditionally | 18883 |
| until the criminal records check required by this section is | 18884 |
| completed and the agency receives the results of the criminal | 18885 |
| records check. If the results of the criminal records check | 18886 |
| indicate that, pursuant to division (B)(1) of this section, the | 18887 |
| applicant does not qualify for employment, the agency shall | 18888 |
| release the applicant from employment. | 18889 |
| (C)(1) Each head start agency shall pay to the bureau of | 18890 |
| criminal identification and investigation the fee prescribed | 18891 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 18892 |
| for each criminal records check conducted in accordance with that | 18893 |
| section upon the request pursuant to division (A)(1) of this | 18894 |
| section of the chief administrator of the head start agency. | 18895 |
| (2) A head start agency may charge an applicant a fee for the | 18896 |
| costs it incurs in obtaining a criminal records check under this | 18897 |
| section. A fee charged under this division shall not exceed the | 18898 |
| amount of fees the agency pays under division (C)(1) of this | 18899 |
| section. If a fee is charged under this division, the agency shall | 18900 |
| notify the applicant at the time of the applicant's initial | 18901 |
| application for employment of the amount of the fee and that, | 18902 |
| unless the fee is paid, the head start agency will not consider | 18903 |
| the applicant for employment. | 18904 |
| (D) The report of any criminal records check conducted by the | 18905 |
| bureau of criminal identification and investigation in accordance | 18906 |
| with section 109.572 of the Revised Code and pursuant to a request | 18907 |
| made under division (A)(1) of this section is not a public record | 18908 |
| for the purposes of section 149.43 of the Revised Code and shall | 18909 |
| not be made available to any person other than the applicant who | 18910 |
| is the subject of the criminal records check or the applicant's | 18911 |
| representative, the head start agency requesting the criminal | 18912 |
| records check or its representative, and any court, hearing | 18913 |
| officer, or other necessary individual involved in a case dealing | 18914 |
| with the denial of employment to the applicant. | 18915 |
| (E) The director of job and family services shall adopt rules | 18916 |
| pursuant to Chapter 119. of the Revised Code to implement this | 18917 |
| section, including rules specifying circumstances under which a | 18918 |
| head start agency may hire a person who has been convicted of an | 18919 |
| offense listed in division (B)(1) of this section but who meets | 18920 |
| standards in regard to rehabilitation set by the director. | 18921 |
| (F) Any person required by division (A)(1) of this section to | 18922 |
| request a criminal records check shall inform each person, at the | 18923 |
| time of the person's initial application for employment, that the | 18924 |
| person is required to provide a set of impressions of the person's | 18925 |
| fingerprints and that a criminal records check is required to be | 18926 |
| conducted and satisfactorily completed in accordance with section | 18927 |
| 109.572 of the Revised Code if the person comes under final | 18928 |
| consideration for appointment or employment as a precondition to | 18929 |
| employment for that position. | 18930 |
| (G) As used in this section: | 18931 |
| (1) "Applicant" means a person who is under final | 18932 |
| consideration for appointment or employment in a position with a | 18933 |
| head start agency as a person responsible for the care, custody, | 18934 |
| or control of a child. | 18935 |
| (2)
"Head start agency" | 18936 |
| 18937 | |
| been approved to be an agency for purposes of the "Head Start | 18938 |
| Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended. | 18939 |
| (3) "Criminal records check" has the same meaning as in | 18940 |
| section 109.572 of the Revised Code. | 18941 |
| (4) "Minor drug possession offense" has the same meaning as | 18942 |
| in section 2925.01 of the Revised Code. | 18943 |
| Sec. 3301.86. The | 18944 |
| grants program is hereby established. | 18945 |
| 18946 | |
| 18947 | |
| 18948 | |
| 18949 | |
| department of education shall award reading intervention grants to | 18950 |
| public schools and classrooms operated by city, local, and | 18951 |
| exempted village school districts, by community schools, and by | 18952 |
| educational service centers. The grants shall be used to fund the | 18953 |
| engagement of volunteers to assist struggling students in grades | 18954 |
| kindergarten through twelve improve their reading skills, to | 18955 |
| improve reading outcomes in low-performing schools, and to | 18956 |
| facilitate closing the achievement gap between students of | 18957 |
| different subgroups. | 18958 |
| Sec. 3301.88. (A) A recipient of a grant under section | 18959 |
| 3301.86
| 18960 |
| 18961 | |
| identification and investigation a criminal records check on any | 18962 |
| individual, other than an individual described in division (B) of | 18963 |
| this section, who applies to participate in providing directly to | 18964 |
| children any
program or
service | 18965 |
| 18966 | |
| recipient
| 18967 |
| request a criminal records check, the request shall consist of a | 18968 |
| request for the information a school district board of education | 18969 |
| may request under division (F)(2)(a) of section 109.57 of the | 18970 |
| Revised Code and shall be accompanied by one of the following | 18971 |
| identification options: | 18972 |
| (1) The form and standard impression sheet prescribed by the | 18973 |
| bureau under division (C) of section 109.572 of the Revised Code; | 18974 |
| (2) A form prescribed by the bureau on which is specified the | 18975 |
| individual's name, social security number, and date of birth. | 18976 |
| (B) A grant recipient
| 18977 |
| 18978 | |
| (A) of this section with respect to any individual who furnishes | 18979 |
| the grant recipient
| 18980 |
| with a certified copy of a report of a criminal records check | 18981 |
| completed by the bureau within one year prior to applying to | 18982 |
| participate in providing programs or services
| 18983 |
| 18984 |
| (C) Except as provided in rules adopted under division (G)(2) | 18985 |
| of this section, a grant recipient
| 18986 |
| 18987 | |
| providing
directly to children any program or service
| 18988 |
| 18989 | |
| part by the grant if the information requested under this section | 18990 |
| from the bureau indicates that the individual has ever pleaded | 18991 |
| guilty to or been found guilty by a jury or court of any of the | 18992 |
| following: | 18993 |
| (1) A felony; | 18994 |
| (2) A violation of section 2903.16, 2903.34, 2905.05, | 18995 |
| 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, | 18996 |
| 2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the | 18997 |
| Revised Code; a violation of section 2905.04 of the Revised Code | 18998 |
| as it existed prior to July 1, 1996; or a violation of section | 18999 |
| 2919.23 of the Revised Code that would have been a violation of | 19000 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 19001 |
| 1996, had it been committed prior to that date; | 19002 |
| (3) An offense of violence; | 19003 |
| (4) A theft offense, as defined in section 2913.01 of the | 19004 |
| Revised Code; | 19005 |
| (5) A drug abuse offense, as defined in section 2925.01 of | 19006 |
| the Revised Code; | 19007 |
| (6) A violation of an existing or former ordinance of a | 19008 |
| municipal corporation or law of the United States or another state | 19009 |
| that is substantively comparable to an offense listed in divisions | 19010 |
| (C)(1) to (5) of this section. | 19011 |
| (D) A grant recipient | 19012 |
| 19013 | |
| conditionally allow an individual to participate in providing | 19014 |
| programs or services directly to children until the criminal | 19015 |
| records
check is completed and the grant recipient
| 19016 |
| 19017 | |
| results of the criminal records check indicate that the individual | 19018 |
| has been convicted of or pleaded guilty to an offense listed in | 19019 |
|
division (C) of this section,
the grant recipient
| 19020 |
| 19021 | |
| to further participate in providing directly to children any | 19022 |
| program or service
| 19023 |
| 19024 | |
| provided in the rules adopted under division (G)(2) of this | 19025 |
| section. | 19026 |
| (E) The report of any criminal records check conducted in | 19027 |
| accordance with division (F)(5) of section 109.57 of the Revised | 19028 |
| Code pursuant to a request under this section is not a public | 19029 |
| record for purposes of section 149.43 of the Revised Code. The | 19030 |
| report shall not be made available to any person other than the | 19031 |
| individual who is the subject of the criminal records check or the | 19032 |
| individual's representative, the grant recipient or the grant | 19033 |
| recipient's representative
| 19034 |
| 19035 | |
| individual in a case dealing with the denial of the individual's | 19036 |
| participation in a
program or service
| 19037 |
| 19038 | |
| under section 3301.86 of the Revised Code. | 19039 |
| (F) The | 19040 |
| reimburse each grant recipient
| 19041 |
| 19042 | |
| amount paid by the grant recipient
| 19043 |
| 19044 | |
| conducted by the bureau of criminal identification and | 19045 |
| investigation. Reimbursement shall be paid under this division | 19046 |
| only for criminal records checks on individuals who apply to | 19047 |
| participate in providing directly to children any program or | 19048 |
| service | 19049 |
| funded in whole or in part by the grant. To receive it, the grant | 19050 |
| recipient
| 19051 |
| submit information to the | 19052 |
| required by the | 19053 |
| addition to the grant awarded to the recipient under section | 19054 |
|
3301.86 | 19055 |
| (G) The | 19056 |
| in accordance with Chapter 119. of the Revised Code: | 19057 |
| (1) Prescribing the form and manner in which grant recipients | 19058 |
| 19059 | |
| information to the | 19060 |
| reimbursement under division (F) of this section; | 19061 |
| (2) Specifying circumstances under which a grant recipient
| 19062 |
| 19063 | |
| individual whose criminal records check report indicates that the | 19064 |
| individual has been convicted of or pleaded guilty to an offense | 19065 |
| listed in division (C) of this section, but who meets standards in | 19066 |
| regard to rehabilitation set forth in the rules, to participate in | 19067 |
| providing directly
to children any program or service
| 19068 |
| 19069 | |
| part by the grant. | 19070 |
| Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the | 19071 |
| Revised Code: | 19072 |
| (A) An "eligible student" is a student who satisfies the | 19073 |
| conditions specified in section 3310.03 of the Revised Code. | 19074 |
| (B) "Parent" has the same meaning as in section 3313.98 of | 19075 |
| the Revised Code. | 19076 |
| (C) "Registered private school" means a nonpublic school | 19077 |
| registered with the superintendent of public instruction under | 19078 |
| section 3310.11 of the Revised Code to participate in the | 19079 |
| educational choice scholarship program. | 19080 |
| (D) "Resident district" means the school district in which a | 19081 |
| student is entitled to attend school under section 3313.64 or | 19082 |
| 3313.65 of the Revised Code. | 19083 |
| (E) "School year" has the same meaning as in section 3313.62 | 19084 |
| of the Revised Code. | 19085 |
| Sec. 3310.02. The educational choice scholarship program is | 19086 |
| hereby established. Under the program, the department of education | 19087 |
| annually shall pay scholarships in accordance with section 3310.08 | 19088 |
| of the Revised Code for up to the number of eligible students | 19089 |
| prescribed by the general assembly. If the number of students who | 19090 |
| apply for a scholarship exceeds the number prescribed by the | 19091 |
| general assembly, the department first shall award scholarships to | 19092 |
| eligible students who received scholarships in the prior school | 19093 |
| year, and then shall select students by lot to receive any | 19094 |
| remaining scholarships. | 19095 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 19096 |
| purposes of the educational choice scholarship program if the | 19097 |
| student satisfies all of the following conditions: | 19098 |
| (1) The student's resident district is a school district that | 19099 |
| the department of education declared to be in a state of academic | 19100 |
| emergency or academic watch under section 3302.03 of the Revised | 19101 |
| Code in the department's most recent rating of school districts | 19102 |
| published prior to the first day of July of the school year for | 19103 |
| which a scholarship is sought. | 19104 |
| (2) The student's resident district is not a district in | 19105 |
| which the pilot project scholarship program is operating under | 19106 |
| sections 3313.974 to 3313.979 of the Revised Code. | 19107 |
| (3) The student was enrolled in the student's resident | 19108 |
| district or in a community school established under Chapter 3314. | 19109 |
| of the Revised Code during the school year immediately prior to | 19110 |
| the school year for which a scholarship is sought under the | 19111 |
| educational choice scholarship program for the first time. | 19112 |
| (B) A student who receives a scholarship under the | 19113 |
| educational choice scholarship program remains an eligible student | 19114 |
| and may continue to receive scholarships in subsequent school | 19115 |
| years until the student completes grade twelve, so long as the | 19116 |
| student's resident district remains the same, regardless of the | 19117 |
| district's future academic rating. | 19118 |
| (C) The superintendent shall cease awarding first-time | 19119 |
| scholarships for students whose resident district, in the most | 19120 |
| recent ratings of school districts published under section 3302.03 | 19121 |
| of the Revised Code prior to the first day of July of the school | 19122 |
| year, ceases to be in a state of academic emergency or academic | 19123 |
| watch. However, students who have received scholarships in the | 19124 |
| prior school year remain eligible students pursuant to division | 19125 |
| (B) of this section. | 19126 |
| Sec. 3310.04. Any eligible student who is enrolled in a | 19127 |
| registered private school and for whom a scholarship under the | 19128 |
| educational choice scholarship program has been awarded shall be | 19129 |
| entitled to transportation to and from the registered private | 19130 |
| school by the student's resident district in the manner prescribed | 19131 |
| in section 3327.01 of the Revised Code. | 19132 |
| Sec. 3310.05. A scholarship under the educational choice | 19133 |
| scholarship program is not available for any student whose | 19134 |
| resident district is a school district in which the pilot project | 19135 |
| scholarship program is operating under sections 3313.974 to | 19136 |
| 3313.979 of the Revised Code. | 19137 |
| Sec. 3310.06. It is the policy adopted by the general | 19138 |
| assembly that the educational choice scholarship program shall be | 19139 |
| construed as one of several educational options available for | 19140 |
| students enrolled in academic watch or academic emergency school | 19141 |
| districts. Students may be enrolled in the schools of the | 19142 |
| student's resident district, in a community school established | 19143 |
| under Chapter 3314. of the Revised Code, in the schools of another | 19144 |
| school district pursuant to an open enrollment policy adopted | 19145 |
| under section 3313.98 of the Revised Code, in a registered private | 19146 |
| school with or without a scholarship under the educational choice | 19147 |
| scholarship program, or in other schools as the law may provide. | 19148 |
| Sec. 3310.07. Any parent, or any student who is at least | 19149 |
| eighteen years of age, who is seeking a scholarship under the | 19150 |
| educational choice scholarship program shall notify the department | 19151 |
| of education of the student's and parent's names and address, the | 19152 |
| registered private school in which the student has been accepted | 19153 |
| for enrollment, and the tuition charged by the school. | 19154 |
| Sec. 3310.08. (A) The amount paid for an eligible student | 19155 |
| under the educational choice scholarship program shall be the | 19156 |
| lesser of the actual cost per pupil of the registered private | 19157 |
| school in which the student is enrolled, as reported by the school | 19158 |
| to the superintendent of public instruction under section 3310.13 | 19159 |
| of the Revised Code, or the maximum amount prescribed in section | 19160 |
| 3310.09 of the Revised Code. | 19161 |
| (B)(1) The department shall pay to the parent of each | 19162 |
| eligible student for whom a scholarship is awarded under the | 19163 |
| program, or to the student if at least eighteen years of age, | 19164 |
| periodic partial payments of the scholarship in the same | 19165 |
| proportion to the total scholarship amount and at the same times | 19166 |
| as the department makes payments to community schools under | 19167 |
| section 3314.08 of the Revised Code. | 19168 |
| (2) The department shall proportionately reduce or terminate | 19169 |
| the payments for any student who withdraws from a registered | 19170 |
| private school prior to the end of the school year in the same | 19171 |
| manner as payments are reduced or terminated for students who | 19172 |
| withdraw from a community school before the end of a school year. | 19173 |
| (C)(1) The department shall deduct from the payments made to | 19174 |
| each school district under Chapter 3317. and, if necessary, | 19175 |
| sections 321.24 and 323.156 of the Revised Code the aggregate | 19176 |
| amount paid under division (B) of this section for all eligible | 19177 |
| students who are entitled under section 3313.64 or 3313.65 of the | 19178 |
| Revised Code to attend school in the district. | 19179 |
| (2) If the department reduces or terminates payments to a | 19180 |
| parent or a student, as prescribed in division (B)(2) of this | 19181 |
| section, the department shall proportionally reduce or cease | 19182 |
| making deductions for that student under division (C) of this | 19183 |
| section. | 19184 |
| (D) In the case of any school district from which a deduction | 19185 |
| is made under division (C) of this section, the department shall | 19186 |
| disclose on the district's SF-3 form, or any successor to that | 19187 |
| form used to calculate a district's state funding for operating | 19188 |
| expenses, a comparison of the following: | 19189 |
| (1) The district's state base-cost payment, as calculated | 19190 |
| under division (A) of section 3317.022 of the Revised Code, with | 19191 |
| the scholarship students included in the district's adjusted | 19192 |
| formula ADM; | 19193 |
| (2) What the district's state base-cost payment would have | 19194 |
| been, as calculated under that division, if the scholarship | 19195 |
| students were not included in the district's adjusted formula ADM. | 19196 |
| This comparison shall display both the aggregate difference | 19197 |
| between the amounts described in divisions (D)(1) and (2) of this | 19198 |
| section, and the quotient of that aggregate difference divided by | 19199 |
| the number of eligible students for whom deductions are made under | 19200 |
| division (C) of this section. | 19201 |
| Sec. 3310.09. (A) The maximum amount awarded to an eligible | 19202 |
| student in fiscal year 2007 under the educational choice | 19203 |
| scholarship program shall be as follows: | 19204 |
| (1) For grades kindergarten through four, four thousand | 19205 |
| dollars; | 19206 |
| (2) For grades five through eight, four thousand five hundred | 19207 |
| dollars; | 19208 |
| (3) For grades nine through twelve, five thousand dollars. | 19209 |
| (B) In fiscal year 2008 and in each fiscal year thereafter, | 19210 |
| the maximum amount awarded under the program shall be the | 19211 |
| applicable maximum amount awarded in the previous fiscal year | 19212 |
| increased by the rate of inflation, as measured by the rate of | 19213 |
| change in the consumer price index (all urban consumers, all | 19214 |
| items), prepared by the bureau of labor statistics of the United | 19215 |
| States department of labor, for the twelve-month period ending on | 19216 |
| the thirtieth day of June of the previous fiscal year. | 19217 |
| Sec. 3310.10. A scholarship awarded under section 3310.08 of | 19218 |
| the Revised Code may be used only to pay tuition to any registered | 19219 |
| private school. | 19220 |
| Sec. 3310.11. A nonpublic school shall not receive payments | 19221 |
| from a parent or student who is paid a scholarship under section | 19222 |
| 3310.08 of the Revised Code until the chief administrator of the | 19223 |
| school registers the school with the superintendent of public | 19224 |
| instruction. The superintendent shall register any school that | 19225 |
| meets the following requirements: | 19226 |
| (A) The school indicates in writing its commitment to follow | 19227 |
| all requirements for the educational choice scholarship program | 19228 |
| specified under sections 3310.01 to 3310.17 of the Revised Code. | 19229 |
| (B) The school meets minimum education standards prescribed | 19230 |
| by the state board of education and satisfies at least one of the | 19231 |
| following conditions: | 19232 |
| (1) The school is chartered by the state board under section | 19233 |
| 3301.16 of the Revised Code. | 19234 |
| (2) The school is accredited by a national organization that | 19235 |
| accredits schools that teach grades kindergarten through twelve. | 19236 |
| (3) The school has been in continuous operation for not less | 19237 |
| than five years, during which time the school has served not fewer | 19238 |
| than two-thirds the number of grade levels that the school will | 19239 |
| serve as a registered private school. | 19240 |
| (C) The school does not discriminate on the basis of race, | 19241 |
| religion, national origin, or ethnic background. | 19242 |
| (D) If the school does not have positions available for all | 19243 |
| of the applicants who wish to enroll in the school under such | 19244 |
| scholarship, as provided in the school's regular enrollment | 19245 |
| criteria, the school fills the available positions on a random | 19246 |
| selection basis or a first-come first-served basis, or some | 19247 |
| combination of both, except that the school may give priority to | 19248 |
| students previously enrolled in the school or to students who live | 19249 |
| in the same household as a student currently or previously | 19250 |
| enrolled in the school. | 19251 |
| (E) If the school is not chartered by the state board under | 19252 |
| section 3301.16 of the Revised Code, the school agrees to comply | 19253 |
| with section 3319.39 of the Revised Code as if it were a school | 19254 |
| district. | 19255 |
| (F) The school agrees to retain on file accurate and complete | 19256 |
| documentation of the following: | 19257 |
| (1) Employee criminal records checks; | 19258 |
| (2) Student attendance records; | 19259 |
| (3) Records of tuition charges and payments for each student | 19260 |
| for whom a scholarship is paid under section 3310.08 of the | 19261 |
| Revised Code. | 19262 |
| Sec. 3310.12. Each registered private school shall file | 19263 |
| either of the following with the superintendent of public | 19264 |
| instruction: | 19265 |
| (A) A surety bond payable to the state in an amount equal to | 19266 |
| the greater of five hundred thousand dollars or the aggregate | 19267 |
| amount of scholarships paid under section 3310.08 of the Revised | 19268 |
| Code to students enrolled in the school in the previous school | 19269 |
| year; | 19270 |
| (B) An unconditional guarantee by a third party with a net | 19271 |
| worth of not less than ten million dollars, as determined by the | 19272 |
| auditor of state, of payment of any moneys that the school might | 19273 |
| owe to the state. | 19274 |
| Sec. 3310.13. (A) No registered private school shall charge | 19275 |
| any student whose family income is less than two hundred per cent | 19276 |
| of the federal poverty guidelines, as defined in section 5101.46 | 19277 |
| of the Revised Code, a tuition fee that is greater than one | 19278 |
| hundred five per cent of the total amount paid for that student | 19279 |
| under section 3310.08 of the Revised Code. | 19280 |
| A registered private school may charge any other student who | 19281 |
| is paid a scholarship under that section the difference between | 19282 |
| the amount of the scholarship and the regular tuition charge of | 19283 |
| the school. | 19284 |
| (B) Each registered private school shall permit each eligible | 19285 |
| student's family, at the family's option, to provide volunteer | 19286 |
| services in lieu of cash payment to pay all or part of the amount | 19287 |
| of the school's tuition not paid for by the scholarship paid under | 19288 |
| section 3310.08 of the Revised Code. | 19289 |
| (C) Each registered private school annually shall report to | 19290 |
| the superintendent of public instruction, in the manner prescribed | 19291 |
| by the superintendent, the actual cost per pupil of the school. | 19292 |
| Sec. 3310.14. Notwithstanding division (K) of section | 19293 |
| 3301.0711 of the Revised Code, each registered private school that | 19294 |
| enrolls students awarded scholarships under sections 3310.01 to | 19295 |
| 3310.17 of the Revised Code shall administer the achievement tests | 19296 |
| prescribed by section 3301.0710 of the Revised Code to each | 19297 |
| scholarship student in accordance with section 3301.0711 of the | 19298 |
| Revised Code. Nothing in this section requires a chartered | 19299 |
| nonpublic school to administer any achievement test, except for an | 19300 |
| Ohio graduation test prescribed by division (B) of section | 19301 |
| 3301.0710 of the Revised Code, to any student enrolled in the | 19302 |
| school who is not a scholarship student. | 19303 |
| Sec. 3310.15. The superintendent of public instruction shall | 19304 |
| revoke the registration of any registered private school if, after | 19305 |
| a hearing, the superintendent determines that the school is in | 19306 |
| violation of any provision of section 3310.11, 3310.12, 3310.13, | 19307 |
| or 3310.14 of the Revised Code. | 19308 |
| Sec. 3310.16. (A) The state board of education shall adopt | 19309 |
| rules in accordance with Chapter 119. of the Revised Code | 19310 |
| prescribing procedures for the administration of the educational | 19311 |
| choice scholarship program that pertain to the following: | 19312 |
| (1) Registration of private schools; | 19313 |
| (2) Application for and determining eligibility for | 19314 |
| scholarships; | 19315 |
| (3) Calculating, paying, and accounting for scholarship | 19316 |
| awards; | 19317 |
| (4) Monitoring compliance with sections 3310.11 to 3310.14 of | 19318 |
| the Revised Code. | 19319 |
| (B) The state board and the department of education shall not | 19320 |
| require registered private schools to comply with any education | 19321 |
| laws or rules or other requirements that are not specified in | 19322 |
| sections 3310.01 to 3310.14 of the Revised Code and that otherwise | 19323 |
| would not apply to a nonpublic school. | 19324 |
| Sec. 3310.17. The general assembly shall prescribe the number | 19325 |
| of students that may be selected each fiscal year for scholarships | 19326 |
| under the educational choice scholarship program. | 19327 |
| Sec. 3311.19. (A) The management and control of a joint | 19328 |
| vocational school district shall be vested in the joint vocational | 19329 |
| school district board of education. Where a joint vocational | 19330 |
| school district is composed only of two or more local school | 19331 |
| districts located in one county, or when all the participating | 19332 |
| districts are in one county and the boards of such participating | 19333 |
| districts so choose, the educational service center governing | 19334 |
| board of the county in which the joint vocational school district | 19335 |
| is located shall serve as the joint vocational school district | 19336 |
| board of education. Where a joint vocational school district is | 19337 |
| composed of local school districts of more than one county, or of | 19338 |
| any combination of city, local, or exempted village school | 19339 |
| districts or educational service centers, unless administration by | 19340 |
| the educational service center governing board has been chosen by | 19341 |
| all the participating districts in one county pursuant to this | 19342 |
| section, the board of education of the joint vocational school | 19343 |
| district shall be composed of one or more persons who are members | 19344 |
| of the boards of education from each of the city or exempted | 19345 |
| village school districts or members of the educational service | 19346 |
| centers' governing boards affected to be appointed by the boards | 19347 |
| of education or governing boards of such school districts and | 19348 |
| educational service centers. In such joint vocational school | 19349 |
| districts the number and terms of members of the joint vocational | 19350 |
| school district board of education and the allocation of a given | 19351 |
| number of members to each of the city and exempted village | 19352 |
| districts and educational service centers shall be determined in | 19353 |
| the plan for such district, provided that each such joint | 19354 |
| vocational school district board of education shall be composed of | 19355 |
| an odd number of members. | 19356 |
| (B) Notwithstanding division (A) of this section, a governing | 19357 |
| board of an educational service center that has members of its | 19358 |
| governing board serving on a joint vocational school district | 19359 |
| board of education may make a request to the joint vocational | 19360 |
| district board that the joint vocational school district plan be | 19361 |
| revised to provide for one or more members of boards of education | 19362 |
| of local school districts that are within the territory of the | 19363 |
| educational service district and within the joint vocational | 19364 |
| school district to serve in the place of or in addition to its | 19365 |
| educational service center governing board members. If agreement | 19366 |
| is obtained among a majority of the boards of education and | 19367 |
| governing boards that have a member serving on the joint | 19368 |
| vocational school district board of education and among a majority | 19369 |
| of the local school district boards of education included in the | 19370 |
| district and located within the territory of the educational | 19371 |
| service center whose board requests the substitution or addition, | 19372 |
| the state board of education may revise the joint vocational | 19373 |
| school district plan to conform with such agreement. | 19374 |
| (C) If the board of education of any school district or | 19375 |
| educational service center governing board included within a joint | 19376 |
| vocational district that has had its board or governing board | 19377 |
| membership revised under division (B) of this section requests the | 19378 |
| joint vocational school district board to submit to the state | 19379 |
| board of education a revised plan under which one or more joint | 19380 |
| vocational board members chosen in accordance with a plan revised | 19381 |
| under such division would again be chosen in the manner prescribed | 19382 |
| by division (A) of this section, the joint vocational board shall | 19383 |
| submit the revised plan to the state board of education, provided | 19384 |
| the plan is agreed to by a majority of the boards of education | 19385 |
| represented on the joint vocational board, a majority of the local | 19386 |
| school district boards included within the joint vocational | 19387 |
| district, and each educational service center governing board | 19388 |
| affected by such plan. The state board of education may revise the | 19389 |
| joint vocational school district plan to conform with the revised | 19390 |
| plan. | 19391 |
| (D) The vocational schools in such joint vocational school | 19392 |
| district shall be available to all youth of school age within the | 19393 |
| joint vocational school district subject to the rules adopted by | 19394 |
| the joint vocational school district board of education in regard | 19395 |
| to the standards requisite to admission. A joint vocational school | 19396 |
| district board of education shall have the same powers, duties, | 19397 |
| and authority for the management and operation of such joint | 19398 |
| vocational school district as is granted by law, except by this | 19399 |
| chapter and Chapters 124., 3317., 3323., and 3331. of the Revised | 19400 |
| Code, to a board of education of a city school district, and shall | 19401 |
| be subject to all the provisions of law that apply to a city | 19402 |
| school district, except such provisions in this chapter and | 19403 |
| Chapters 124., 3317., 3323., and 3331. of the Revised Code. | 19404 |
| (E) Where a governing board of an educational service center | 19405 |
| has been designated to serve as the joint vocational school | 19406 |
| district board of education, the educational service center | 19407 |
| superintendent shall be the executive officer for the joint | 19408 |
| vocational school district, and the governing board may provide | 19409 |
| for additional compensation to be paid to the educational service | 19410 |
| center superintendent by the joint vocational school district, but | 19411 |
| the educational service center superintendent shall have no | 19412 |
| continuing tenure other than that of educational service center | 19413 |
| superintendent. The superintendent of schools of a joint | 19414 |
| vocational school district shall exercise the duties and authority | 19415 |
| vested by law in a superintendent of schools pertaining to the | 19416 |
| operation of a school district and the employment and supervision | 19417 |
| of its personnel. The joint vocational school district board of | 19418 |
| education shall appoint a treasurer of the joint vocational school | 19419 |
| district who shall be the fiscal officer for such district and who | 19420 |
| shall have all the powers, duties, and authority vested by law in | 19421 |
| a treasurer of a board of education. Where a governing board of an | 19422 |
| educational service center has been designated to serve as the | 19423 |
| joint vocational school district board of education, such board | 19424 |
| may appoint the educational service center superintendent as the | 19425 |
| treasurer of the joint vocational school district. | 19426 |
| (F) Each member of a joint vocational school district board | 19427 |
| of education may be paid such compensation as the board provides | 19428 |
| by resolution, but it shall not exceed one hundred twenty-five | 19429 |
| dollars per member for each meeting attended plus mileage, at the | 19430 |
| rate per mile provided by resolution of the board, to and from | 19431 |
| meetings of the board. | 19432 |
| The board may provide by resolution for the deduction of | 19433 |
|
amounts payable for benefits under | 19434 |
|
3313.202 of the Revised Code. | 19435 |
| 19436 | |
| 19437 | |
| 19438 | |
| 19439 | |
| 19440 |
| Each member of a joint vocational school district board may | 19441 |
| be paid such compensation as the board provides by resolution for | 19442 |
| attendance at an approved training program, provided that such | 19443 |
| compensation shall not exceed sixty dollars per day for attendance | 19444 |
| at a training program three hours or fewer in length and one | 19445 |
| hundred twenty-five dollars a day for attendance at a training | 19446 |
| program longer than three hours in length. However, no board | 19447 |
| member shall be compensated for the same training program under | 19448 |
| this section and section 3313.12 of the Revised Code. | 19449 |
| Sec. 3313.12. Each member of the educational service center | 19450 |
| governing board may be paid such compensation as the governing | 19451 |
| board provides by resolution, provided that any such compensation | 19452 |
| shall not exceed one hundred twenty-five dollars a day plus | 19453 |
| mileage both ways, at the rate per mile provided by resolution of | 19454 |
| the governing board, for attendance at any meeting of the board. | 19455 |
| Such compensation and the expenses of the educational service | 19456 |
| center superintendent, itemized and verified, shall be paid from | 19457 |
| the educational service center governing board fund upon vouchers | 19458 |
| signed by the president of the governing board. | 19459 |
| The board of education of any city, local, or exempted | 19460 |
| village school district may provide by resolution for compensation | 19461 |
| of its members, provided that such compensation shall not exceed | 19462 |
| one hundred twenty-five dollars per member for meetings attended. | 19463 |
| The board may provide by resolution for the deduction of amounts | 19464 |
|
payable for benefits under | 19465 |
| Revised Code. | 19466 |
| Each member of a district board or educational service center | 19467 |
| governing board may be paid such compensation as the respective | 19468 |
| board provides by resolution for attendance at an approved | 19469 |
| training program, provided that such compensation shall not exceed | 19470 |
| sixty dollars a day for attendance at a training program three | 19471 |
| hours or fewer in length and one hundred twenty-five dollars a day | 19472 |
| for attendance at a training program longer than three hours in | 19473 |
| length. | 19474 |
| Sec. 3313.202. | 19475 |
| 19476 | |
| 19477 | |
| 19478 | |
| 19479 | |
| services | 19480 |
| 19481 | |
| 19482 | |
| the teaching or nonteaching employees of the school district, or a | 19483 |
| combination of both, or the dependent children and spouses of such | 19484 |
| employees, provided if such coverage affects only the teaching | 19485 |
| employees of the district such coverage shall be with the consent | 19486 |
| of a majority of such employees of the school district, or if such | 19487 |
| coverage affects only the nonteaching employees of the district | 19488 |
| such coverage shall be with the consent of a majority of such | 19489 |
| employees. If such coverage is proposed to cover all the employees | 19490 |
| of a school district, both teaching and nonteaching employees, | 19491 |
| such coverage shall be with the consent of a majority of all the | 19492 |
| employees of a school district. A board of education shall | 19493 |
| continue to carry, on payroll records, all school employees whose | 19494 |
| sick leave accumulation has expired, or who are on a disability | 19495 |
| leave of absence or an approved leave of absence, for the purpose | 19496 |
| of group term life | 19497 |
| 19498 | |
| such coverage except when such employees are on an approved leave | 19499 |
| of absence, or on a disability leave of absence for that period | 19500 |
| exceeding two years. As used in this section, "teaching employees" | 19501 |
| means any person employed in the public schools of this state in a | 19502 |
| position for which the person is required to have a certificate or | 19503 |
| license pursuant to sections 3319.22 to 3319.31 of the Revised | 19504 |
| Code. "Nonteaching employees" as used in this section means any | 19505 |
| person employed in the public schools of the state in a position | 19506 |
| for which the person is not required to have a certificate or | 19507 |
| license issued pursuant to sections 3319.22 to 3319.31 of the | 19508 |
| Revised Code. | 19509 |
| | 19510 |
| 19511 | |
| 19512 | |
| 19513 | |
| 19514 | |
| 19515 | |
| 19516 | |
| 19517 | |
| 19518 | |
| 19519 | |
| 19520 | |
| 19521 | |
| 19522 | |
| 19523 | |
| 19524 | |
| 19525 |
| | 19526 |
| 19527 | |
| 19528 | |
| 19529 | |
| 19530 | |
| 19531 | |
| 19532 | |
| 19533 | |
| combination thereof, for employees and their dependents be | 19534 |
| provided through a mutually agreed upon contribution to a jointly | 19535 |
| administered trust fund. The amount, type, and structure of fringe | 19536 |
| benefits provided under this division are subject to the | 19537 |
| determination of the board of trustees of the jointly administered | 19538 |
| trust fund. Notwithstanding any other provision of the Revised | 19539 |
| Code, competitive bidding does not apply to the purchase of fringe | 19540 |
| benefits for employees under this division through a jointly | 19541 |
| administered trust fund. | 19542 |
| | 19543 |
| of a school district and the dependent children and spouse of the | 19544 |
| member may
be covered, at the option of the member, | 19545 |
| 19546 | |
| designed by the school employees health care board under | 19547 |
|
section 9.901 of the Revised Code. The member shall pay | 19548 |
| 19549 | |
| coverage | 19550 |
| for such coverage shall be made, in advance, in a manner | 19551 |
| prescribed by the school employees health care board. The member's | 19552 |
| exercise of an option to be covered under this section shall be in | 19553 |
| writing, announced at a regular public meeting of the board of | 19554 |
| education, and recorded as a public record in the minutes of the | 19555 |
| board. | 19556 |
| | 19557 |
| 19558 |
| | 19559 |
| 19560 | |
| 19561 | |
| 19562 |
| | 19563 |
| 19564 | |
| 19565 | |
| 19566 | |
| 19567 |
| | 19568 |
| 19569 | |
| 19570 | |
| 19571 |
| Sec. 3313.207. As used in sections 3313.207 to 3313.209 of | 19572 |
| the Revised Code: | 19573 |
| (A) "Children" means children who are enrolled in | 19574 |
| kindergarten or who are of compulsory school age. | 19575 |
| (B) "Latchkey program" means a program under which children | 19576 |
| are provided with child care during a fiscal year at any time | 19577 |
| outside of regular school hours. A program that contains any | 19578 |
| religious content, that uses any religious materials, or that in | 19579 |
| any way promotes or furthers any religious beliefs is not a | 19580 |
| latchkey program. | 19581 |
| (C) | 19582 |
| 19583 |
| | 19584 |
| individual, licensed under Chapter 5104. of the Revised Code or | 19585 |
| exempted from the licensing requirements of that chapter. | 19586 |
| | 19587 |
| (1) Space in a building that is owned or controlled by a | 19588 |
| school district and that is used for other school district | 19589 |
| purposes in addition to latchkey programs; | 19590 |
| (2) Utilities furnished in conjunction with such space; | 19591 |
| (3) Transportation to a latchkey program on regular school | 19592 |
| buses. | 19593 |
| Sec. 3313.208. A board of education of a school district or | 19594 |
| the governing board of an educational service center may assess | 19595 |
| the need for latchkey programs in its district or territory and | 19596 |
| determine the best and most efficient manner of providing latchkey | 19597 |
| programs to children residing in the district or territory. Prior | 19598 |
| to operating any latchkey program, making any payments, or | 19599 |
| providing any employees or ancillary services under sections | 19600 |
| 3313.207 to 3313.209 of the
Revised Code, a board | 19601 |
| shall provide notification to parents and other interested parties | 19602 |
| that the board is
considering | 19603 |
| provision of latchkey programs and shall adopt a policy ensuring | 19604 |
| public input on the board's decision whether or not to | 19605 |
| participate, as well as any decisions concerning the district's or | 19606 |
| service center's role in the implementation and funding of any | 19607 |
| latchkey programs if the board does decide to participate. The | 19608 |
| policy shall also include provision for regular, periodic public | 19609 |
| input in the evaluation of any school district or service center | 19610 |
| participation in the provision of latchkey programs. | 19611 |
| A board | 19612 |
| subject to the following limitations: | 19613 |
| (A) The program shall be maintained and operated and pupils | 19614 |
| shall be admitted pursuant to rules adopted by the board; | 19615 |
| (B) Fees or tuition, in amounts determined by the board, may | 19616 |
| be charged for participation in the program and shall be deposited | 19617 |
| in a special fund | 19618 |
| | 19619 |
| 19620 |
| | 19621 |
| 19622 | |
| 19623 | |
| 19624 |
| | 19625 |
| 19626 | |
| 19627 |
| Sec. 3313.209. (A) A board of education of a school district | 19628 |
| that does not | 19629 |
| ancillary services to and may make payments to any program | 19630 |
| provider that operates a latchkey program that enrolls one or more | 19631 |
| children who are residents of the school district. | 19632 |
| (B) A board of education of a school district that does not | 19633 |
| 19634 | |
| under division (A) of this section may furnish to any person or | 19635 |
| entity that operates a latchkey program ancillary services or | 19636 |
| employees for use solely in conjunction with the program's | 19637 |
| operation. | 19638 |
| (C) | 19639 |
| 19640 | |
| 19641 |
| | 19642 |
| 19643 | |
| 19644 | |
| 19645 |
| | 19646 |
| 19647 | |
| 19648 | |
| 19649 |
| | 19650 |
| program provider as a condition for making any payments or | 19651 |
| furnishing any ancillary services or employees authorized by | 19652 |
| division (A) or (B) of this section. | 19653 |
| Sec. 3313.33. (A) Conveyances made by a board of education | 19654 |
| shall be executed by the president and treasurer thereof. | 19655 |
| (B) Except as provided in division (C) of this section, no | 19656 |
| member of the board shall have, directly or indirectly, any | 19657 |
| pecuniary interest in any contract of the board or be employed in | 19658 |
| any manner for compensation by the board of which the person is a | 19659 |
| member. No contract shall be binding upon any board unless it is | 19660 |
| made or authorized at a regular or special meeting of such board. | 19661 |
| (C) A member of the board may have a pecuniary interest in a | 19662 |
| contract of the board if all of the following apply: | 19663 |
| (1) The member's pecuniary interest in that contract is that | 19664 |
| the member is employed by a political subdivision, | 19665 |
| instrumentality, or agency of the state that is contracting with | 19666 |
| the board; | 19667 |
| (2) The member does not participate in any discussion or | 19668 |
| debate regarding the contract or vote on the contract; | 19669 |
| (3) The member files with the school district treasurer an | 19670 |
| affidavit stating the member's exact employment status with the | 19671 |
| political subdivision, instrumentality, or agency contracting with | 19672 |
| the board. | 19673 |
| (D) This section does not apply where a member of the board, | 19674 |
| being a shareholder of a corporation but not being an officer or | 19675 |
| director thereof, owns not in excess of five per cent of the stock | 19676 |
| of such corporation. If a stockholder desires to avail self of the | 19677 |
| exception, before entering upon such contract such person shall | 19678 |
| first file with the treasurer an affidavit stating the | 19679 |
| stockholder's exact status and connection with said corporation. | 19680 |
| This section does not apply where a member of the board | 19681 |
|
elects to be covered by a | 19682 |
| 19683 | |
| Code. | 19684 |
| Sec. 3313.489. (A) The superintendent of public instruction | 19685 |
| shall examine each | 19686 |
| five-year projection of revenues and expenditures submitted under | 19687 |
| section 5705.391 of the Revised Code and shall determine whether | 19688 |
| the information contained therein, together with any other | 19689 |
| relevant information, indicates that the district may be | 19690 |
| financially unable to operate its instructional program on all | 19691 |
| days set forth in its adopted school calendars and pay all | 19692 |
| obligated expenses during the current fiscal year. If a board of | 19693 |
| education has not adopted a school calendar for the school year | 19694 |
| beginning on the first day of July of the current fiscal year at | 19695 |
| the time an examination is required under this division, the | 19696 |
| superintendent shall examine the | 19697 |
| 19698 | |
| may be financially unable to pay all obligated expenses and | 19699 |
| operate its instructional program for the number of days on which | 19700 |
| instruction was held in the preceding fiscal year. | 19701 |
| (B) If the superintendent of public instruction determines | 19702 |
| pursuant to division (A) of this section that a school district | 19703 |
| may be financially unable to operate its instructional program on | 19704 |
| all days required by such division and pay all obligated expenses | 19705 |
| during the current fiscal year, the superintendent shall provide | 19706 |
| written notification of such determination to the president of the | 19707 |
| district's board of education and the auditor of state. | 19708 |
| (C) This section does not apply to a school district declared | 19709 |
| to be under a fiscal emergency pursuant to division (B) of section | 19710 |
| 3316.03 of the Revised Code. | 19711 |
| Sec. 3313.975. As used in this section and in sections | 19712 |
| 3313.975 to 3313.979 of the Revised Code, "the pilot project | 19713 |
| school district" or "the district" means any school district | 19714 |
| included in the pilot project scholarship program pursuant to this | 19715 |
| section. | 19716 |
| (A) The superintendent of public instruction shall establish | 19717 |
| a pilot project scholarship program and shall include in such | 19718 |
| program any school districts that are or have ever been under | 19719 |
| federal court order requiring supervision and operational | 19720 |
| management of the district by the state superintendent. The | 19721 |
| program shall provide for a number of students residing in any | 19722 |
| such district to receive scholarships to attend alternative | 19723 |
| schools, and for an equal number of students to receive tutorial | 19724 |
| assistance grants while attending public school in any such | 19725 |
| district. | 19726 |
| (B) The state superintendent shall establish an application | 19727 |
| process and deadline for accepting applications from students | 19728 |
| residing in the district to participate in the scholarship | 19729 |
| program. In the initial year of the program students may only use | 19730 |
| a scholarship to attend school in grades kindergarten through | 19731 |
| third. | 19732 |
| The state superintendent shall award as many scholarships and | 19733 |
| tutorial assistance grants as can be funded given the amount | 19734 |
| appropriated for the program. In no case, however, shall more than | 19735 |
| fifty per cent of all scholarships awarded be used by students who | 19736 |
| were enrolled in a nonpublic school during the school year of | 19737 |
| application for a scholarship. | 19738 |
| (C)(1) The pilot project program shall continue in effect | 19739 |
| each year that the general assembly has appropriated sufficient | 19740 |
| money to fund scholarships and tutorial assistance grants. In each | 19741 |
| year the program continues, no new students may receive | 19742 |
| scholarships unless they are enrolled in | 19743 |
|
kindergarten | 19744 |
| who has received a scholarship the preceding year may continue to | 19745 |
| receive
one until the student has completed grade | 19746 |
| Beginning in the | 19747 |
| previously has received a scholarship may receive a scholarship in | 19748 |
| grade | 19749 |
| year, a student who previously has received a scholarship may | 19750 |
| receive a scholarship in grade | 19751 |
| (2) If the general assembly discontinues the scholarship | 19752 |
| program, all students who are attending an alternative school | 19753 |
| under the pilot project shall be entitled to continued admittance | 19754 |
| to that specific school through
all grades | 19755 |
| that are provided in such school, under the same conditions as | 19756 |
| when they were participating in the pilot project. The state | 19757 |
| superintendent shall continue to make scholarship payments in | 19758 |
| accordance with division (A) or (B) of section 3313.979 of the | 19759 |
| Revised Code for students who remain enrolled in an alternative | 19760 |
| school under this provision in any year that funds have been | 19761 |
| appropriated for this purpose. | 19762 |
| If funds are not appropriated, the tuition charged to the | 19763 |
| parents of a student who remains enrolled in an alternative school | 19764 |
| under this provision shall not be increased beyond the amount | 19765 |
| equal to the amount of the scholarship plus any additional amount | 19766 |
| charged that student's parent in the most recent year of | 19767 |
| attendance as a participant in the pilot project, except that | 19768 |
| tuition for all the students enrolled in such school may be | 19769 |
| increased by the same percentage. | 19770 |
| (D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of | 19771 |
| the Revised Code, if the pilot project school district experiences | 19772 |
| a decrease in enrollment due to participation in a state-sponsored | 19773 |
| scholarship program pursuant to sections 3313.974 to 3313.979 of | 19774 |
| the Revised Code, the district board of education may enter into | 19775 |
| an agreement with any teacher it employs to provide to that | 19776 |
| teacher severance pay or early retirement incentives, or both, if | 19777 |
| the teacher agrees to terminate the employment contract with the | 19778 |
| district board, provided any collective bargaining agreement in | 19779 |
| force pursuant to Chapter 4117. of the Revised Code does not | 19780 |
| prohibit such an agreement for termination of a teacher's | 19781 |
| employment contract. | 19782 |
| Sec. 3313.976. (A) No private school may receive scholarship | 19783 |
| payments from parents pursuant to section 3313.979 of the Revised | 19784 |
| Code until the chief administrator of the private school registers | 19785 |
| the school with the superintendent of public instruction. The | 19786 |
| state superintendent shall register any school that meets the | 19787 |
| following requirements: | 19788 |
| (1) The school is located within the boundaries of the pilot | 19789 |
| project school district; | 19790 |
| (2) The school indicates in writing its commitment to follow | 19791 |
| all requirements for a state-sponsored scholarship program | 19792 |
| specified under sections 3313.974 to 3313.979 of the Revised Code, | 19793 |
| including, but not limited to, the requirements for admitting | 19794 |
| students pursuant to section 3313.977 of the Revised Code; | 19795 |
| (3) The school meets all state minimum standards for | 19796 |
| chartered nonpublic schools in effect on July 1, 1992, except that | 19797 |
| the state superintendent at the superintendent's discretion may | 19798 |
| register nonchartered nonpublic schools meeting the other | 19799 |
| requirements of this division; | 19800 |
| (4) The school does not discriminate on the basis of race, | 19801 |
| religion, or ethnic background; | 19802 |
| (5) The school enrolls a minimum of ten students per class or | 19803 |
| a sum of at least twenty-five students in all the classes offered; | 19804 |
| (6) The school does not advocate or foster unlawful behavior | 19805 |
| or teach hatred of any person or group on the basis of race, | 19806 |
| ethnicity, national origin, or religion; | 19807 |
| (7) The school does not provide false or misleading | 19808 |
| information about the school to parents, students, or the general | 19809 |
| public; | 19810 |
| (8) For students in grades kindergarten through eight, the | 19811 |
| school agrees not to charge any tuition to low-income families | 19812 |
| receiving ninety per cent of the scholarship amount through the | 19813 |
| scholarship program, pursuant to division (A) of section 3313.978 | 19814 |
| of the Revised Code, in excess of ten per cent of the scholarship | 19815 |
| amount established pursuant to division (C)(1) of section 3313.978 | 19816 |
| of the Revised Code, excluding any increase described in division | 19817 |
| (C)(2) of that section. The school shall permit any such tuition, | 19818 |
| at the discretion of the parent, to be satisfied by the low-income | 19819 |
| family's provision of in-kind contributions or services. | 19820 |
| (9) For students in grades kindergarten through eight, the | 19821 |
| school agrees not to charge any tuition to low-income families | 19822 |
| receiving a seventy-five per cent scholarship amount through the | 19823 |
| scholarship program, pursuant to division (A) of section 3313.978 | 19824 |
| of the Revised Code, in excess of the difference between the | 19825 |
| actual tuition charge of the school and seventy-five per cent of | 19826 |
| the scholarship amount established pursuant to division (C)(1) of | 19827 |
| section 3313.978 of the Revised Code, excluding any increase | 19828 |
| described in division (C)(2) of that section. The school shall | 19829 |
| permit such tuition, at the discretion of the parent, to be | 19830 |
| satisfied by the low-income family's provision of in-kind | 19831 |
| contributions or services. | 19832 |
| (10) The school agrees not to charge any tuition to families | 19833 |
| of students in grades nine | 19834 |
| scholarship in excess of the actual tuition charge of the school | 19835 |
| less seventy-five or ninety per cent of the scholarship amount | 19836 |
| established pursuant to division (C)(1) of section 3313.978 of the | 19837 |
| Revised Code, as applicable, excluding any increase described in | 19838 |
| division (C)(2) of that section. | 19839 |
| (B) The state superintendent shall revoke the registration of | 19840 |
| any school if, after a hearing, the superintendent determines that | 19841 |
| the school is in violation of any of the provisions of division | 19842 |
| (A) of this section. | 19843 |
| (C) Any public school located in a school district adjacent | 19844 |
| to the pilot project district may receive scholarship payments on | 19845 |
| behalf of parents pursuant to section 3313.979 of the Revised Code | 19846 |
| if the superintendent of the district in which such public school | 19847 |
| is located notifies the state superintendent prior to the first | 19848 |
| day of March that the district intends to admit students from the | 19849 |
| pilot project district for the ensuing school year pursuant to | 19850 |
| section 3327.06 of the Revised Code. | 19851 |
| (D) Any parent wishing to purchase tutorial assistance from | 19852 |
| any person or governmental entity pursuant to the pilot project | 19853 |
| program under sections 3313.974 to 3313.979 of the Revised Code | 19854 |
| shall apply to the state superintendent. The state superintendent | 19855 |
| shall approve providers who appear to possess the capability of | 19856 |
| furnishing the instructional services they are offering to | 19857 |
| provide. | 19858 |
| Sec. 3313.977. (A)(1) Each registered private school shall | 19859 |
| admit students to kindergarten and first, second, and third grades | 19860 |
| in accordance with the following priorities: | 19861 |
| (a) Students who were enrolled in the school during the | 19862 |
| preceding year; | 19863 |
| (b) Siblings of students enrolled in the school during the | 19864 |
| preceding year, at the discretion of the school; | 19865 |
| (c) Children from low-income families attending school or | 19866 |
| residing in the school district in which the school is located | 19867 |
| until the number of such students in each grade equals the number | 19868 |
| that constituted twenty per cent of the total number of students | 19869 |
| enrolled in the school during the preceding year in such grade. | 19870 |
| Admission of such twenty per cent shall be by lot from among all | 19871 |
| low-income family applicants who apply prior to the fifteenth day | 19872 |
| of February prior to admission. | 19873 |
| (d) All other applicants residing anywhere, provided that all | 19874 |
| remaining available spaces shall be filled from among such | 19875 |
| applicants by lot. | 19876 |
| Children from low-income families not selected by lot under | 19877 |
| division (A)(1)(c) of this section shall be included in the | 19878 |
| lottery of all remaining applicants pursuant to division (A)(1)(d) | 19879 |
| of this section. | 19880 |
| (2) Each registered private school shall first admit to | 19881 |
| grades four
through | 19882 |
| school during the preceding year. Any remaining spaces for | 19883 |
| students in these grades may be filled as determined by the | 19884 |
| school. | 19885 |
| (B) Notwithstanding division (A) of this section, except | 19886 |
| where otherwise prohibited by federal law, a registered private | 19887 |
| school may elect to admit students of only one gender and may deny | 19888 |
| admission to any separately educated handicapped student. | 19889 |
| (C) If a scholarship student who has been accepted in | 19890 |
| accordance with this section fails to enroll in the school for any | 19891 |
| reason or withdraws from the school during the school year for any | 19892 |
| reason, the school may elect to replace such student with another | 19893 |
| scholarship student only by first offering the admission to any | 19894 |
| low-income scholarship students who filed applications by the | 19895 |
| preceding fifteenth day of February and who were not accepted at | 19896 |
| that time due to space limitations. | 19897 |
| Sec. 3313.978. (A) Annually by the first day of November, | 19898 |
| the superintendent of public instruction shall notify the pilot | 19899 |
| project school district of the number of initial scholarships that | 19900 |
| the state superintendent will be awarding in each of grades | 19901 |
| kindergarten through third. | 19902 |
| The state superintendent shall provide information about the | 19903 |
| scholarship program to all students residing in the district, | 19904 |
| shall accept applications from any such students until such date | 19905 |
| as shall be established by the state superintendent as a deadline | 19906 |
| for applications, and shall establish criteria for the selection | 19907 |
| of students to receive scholarships from among all those applying | 19908 |
| prior to the deadline, which criteria shall give preference to | 19909 |
| students from low-income families. For each student selected, the | 19910 |
| state superintendent shall also determine whether the student | 19911 |
| qualifies for seventy-five or ninety per cent of the scholarship | 19912 |
| amount. Students whose family income is at or above two hundred | 19913 |
| per cent of the maximum income level established by the state | 19914 |
| superintendent for low-income families shall qualify for | 19915 |
| seventy-five per cent of the scholarship amount and students whose | 19916 |
| family income is below two hundred per cent of that maximum income | 19917 |
| level shall qualify for ninety per cent of the scholarship amount. | 19918 |
| The state superintendent shall notify students of their selection | 19919 |
| prior to the fifteenth day of January and whether they qualify for | 19920 |
| seventy-five or ninety per cent of the scholarship amount. | 19921 |
| (1) A student receiving a pilot project scholarship may | 19922 |
| utilize it at an alternative public school by notifying the | 19923 |
| district superintendent, at any time before the beginning of the | 19924 |
| school year, of the name of the public school in an adjacent | 19925 |
| school district to which the student has been accepted pursuant to | 19926 |
| section 3327.06 of the Revised Code. | 19927 |
| (2) A student may decide to utilize a pilot project | 19928 |
| scholarship at a registered private school in the district if all | 19929 |
| of the following conditions are met: | 19930 |
| (a) By the fifteenth day of February of the preceding school | 19931 |
| year, or at any time prior to the start of the school year, the | 19932 |
| parent makes an application on behalf of the student to a | 19933 |
| registered private school. | 19934 |
| (b) The registered private school notifies the parent and the | 19935 |
| state superintendent as follows that the student has been | 19936 |
| admitted: | 19937 |
| (i) By the fifteenth day of March of the preceding school | 19938 |
| year if the student filed an application by the fifteenth day of | 19939 |
| February and was admitted by the school pursuant to division (A) | 19940 |
| of section 3313.977 of the Revised Code; | 19941 |
| (ii) Within one week of the decision to admit the student if | 19942 |
| the student is admitted pursuant to division (C) of section | 19943 |
| 3313.977 of the Revised Code. | 19944 |
| (c) The student actually enrolls in the registered private | 19945 |
| school to which the student was first admitted or in another | 19946 |
| registered private school in the district or in a public school in | 19947 |
| an adjacent school district. | 19948 |
| (B) The state superintendent shall also award in any school | 19949 |
| year tutorial assistance grants to a number of students equal to | 19950 |
| the number of students who receive scholarships under division (A) | 19951 |
| of this section. Tutorial assistance grants shall be awarded | 19952 |
| solely to students who are enrolled in the public schools of the | 19953 |
| district in a grade level covered by the pilot project. Tutorial | 19954 |
| assistance grants may be used solely to obtain tutorial assistance | 19955 |
| from a provider approved pursuant to division (D) of section | 19956 |
| 3313.976 of the Revised Code. | 19957 |
| All students wishing to obtain tutorial assistance grants | 19958 |
| shall make application to the state superintendent by the first | 19959 |
| day of the school year in which the assistance will be used. The | 19960 |
| state superintendent shall award assistance grants in accordance | 19961 |
| with criteria the superintendent shall establish. For each student | 19962 |
| awarded a grant, the state superintendent shall also determine | 19963 |
| whether the student qualifies for seventy-five or ninety per cent | 19964 |
| of the grant amount and so notify the student. Students whose | 19965 |
| family income is at or above two hundred per cent of the maximum | 19966 |
| income level established by the state superintendent for | 19967 |
| low-income families shall qualify for seventy-five per cent of the | 19968 |
| grant amount and students whose family income is below two hundred | 19969 |
| per cent of that maximum income level shall qualify for ninety per | 19970 |
| cent of the grant amount. | 19971 |
| (C)(1) In the case of basic scholarships for students in | 19972 |
| grades kindergarten through eight, the scholarship amount shall | 19973 |
| not exceed the lesser of the tuition charges of the alternative | 19974 |
| school the scholarship recipient attends or an amount established | 19975 |
| by the state superintendent not in excess of three thousand | 19976 |
| dollars. | 19977 |
| In the case of basic scholarships for students in grades nine | 19978 |
| 19979 | |
| the lesser of the tuition charges of the alternative school the | 19980 |
| scholarship recipient attends or an amount established by the | 19981 |
| state superintendent not in excess of two thousand seven hundred | 19982 |
| dollars. | 19983 |
| (2) The state superintendent shall provide for an increase in | 19984 |
| the basic scholarship amount in the case of any student who is a | 19985 |
| mainstreamed handicapped student and shall further increase such | 19986 |
| amount in the case of any separately educated handicapped child. | 19987 |
| Such increases shall take into account the instruction, related | 19988 |
| services, and transportation costs of educating such students. | 19989 |
| (3) In the case of tutorial assistance grants, the grant | 19990 |
| amount shall not exceed the lesser of the provider's actual | 19991 |
| charges for such assistance or a percentage established by the | 19992 |
| state superintendent, not to exceed twenty per cent, of the amount | 19993 |
| of the pilot project school district's average basic scholarship | 19994 |
| amount. | 19995 |
| (4) No scholarship or tutorial assistance grant shall be | 19996 |
| awarded unless the state superintendent determines that | 19997 |
| twenty-five or ten per cent, as applicable, of the amount | 19998 |
| specified for such scholarship or grant pursuant to division | 19999 |
| (C)(1), (2), or (3) of this section will be furnished by a | 20000 |
| political subdivision, a private nonprofit or for profit entity, | 20001 |
| or another person. Only seventy-five or ninety per cent of such | 20002 |
| amounts, as applicable, shall be paid from state funds pursuant to | 20003 |
| section 3313.979 of the Revised Code. | 20004 |
| (D)(1) Annually by the first day of November, the state | 20005 |
| superintendent shall estimate the maximum per-pupil scholarship | 20006 |
| amounts for the ensuing school year. The state superintendent | 20007 |
| shall make this estimate available to the general public at the | 20008 |
| offices of the district board of education together with the forms | 20009 |
| required by division (D)(2) of this section. | 20010 |
| (2) Annually by the fifteenth day of January, the chief | 20011 |
| administrator of each registered private school located in the | 20012 |
| pilot project district and the principal of each public school in | 20013 |
| such district shall complete a parental information form and | 20014 |
| forward it to the president of the board of education. The | 20015 |
| parental information form shall be prescribed by the department of | 20016 |
| education and shall provide information about the grade levels | 20017 |
| offered, the numbers of students, tuition amounts, achievement | 20018 |
| test results, and any sectarian or other organizational | 20019 |
| affiliations. | 20020 |
| Sec. 3313.98. Notwithstanding division (D) of section | 20021 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 20022 |
| the provisions of this section and sections 3313.981 to 3313.983 | 20023 |
| of the Revised Code that apply to a city school district do not | 20024 |
| apply to a joint vocational or cooperative education school | 20025 |
| district unless expressly specified. | 20026 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 20027 |
| of the Revised Code: | 20028 |
| (1) "Parent" means either of the natural or adoptive parents | 20029 |
| of a student, except under the following conditions: | 20030 |
| (a) When the marriage of the natural or adoptive parents of | 20031 |
| the student has been terminated by a divorce, dissolution of | 20032 |
| marriage, or annulment or the natural or adoptive parents of the | 20033 |
| student are living separate and apart under a legal separation | 20034 |
| decree and the court has issued an order allocating the parental | 20035 |
| rights and responsibilities with respect to the student, "parent" | 20036 |
| means the residential parent as designated by the court except | 20037 |
| that "parent" means either parent when the court issues a shared | 20038 |
| parenting decree. | 20039 |
| (b) When a court has granted temporary or permanent custody | 20040 |
| of the student to an individual or agency other than either of the | 20041 |
| natural or adoptive parents of the student, "parent" means the | 20042 |
| legal custodian of the child. | 20043 |
| (c) When a court has appointed a guardian for the student, | 20044 |
| "parent" means the guardian of the student. | 20045 |
| (2) "Native student" means a student entitled under section | 20046 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 20047 |
| district adopting a resolution under this section. | 20048 |
| (3) "Adjacent district" means a city, exempted village, or | 20049 |
| local school district having territory that abuts the territory of | 20050 |
| a district adopting a resolution under this section. | 20051 |
| (4) "Adjacent district student" means a student entitled | 20052 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 20053 |
| school in an adjacent district. | 20054 |
| (5) "Adjacent district joint vocational student" means an | 20055 |
| adjacent district student who enrolls in a city, exempted village, | 20056 |
| or local school district pursuant to this section and who also | 20057 |
| enrolls in a joint vocational school district that does not | 20058 |
| contain the territory of the district for which that student is a | 20059 |
| native student and does contain the territory of the city, | 20060 |
| exempted village, or local district in which the student enrolls. | 20061 |
| (6) "Formula amount" has the same meaning as in section | 20062 |
| 3317.02 of the Revised Code. | 20063 |
| (7) "Adjusted formula amount" means the following: | 20064 |
| (a) In fiscal year 2006, the "adjusted formula amount" shall | 20065 |
| be the formula amount multiplied by the cost-of-doing-business | 20066 |
| factor for a district defined in section 3317.02 of the Revised | 20067 |
| Code; | 20068 |
| (b) In fiscal year 2007 and thereafter, the "adjusted formula | 20069 |
| amount" shall be the greater of the following: | 20070 |
| (i) The fiscal year 2006 formula amount multiplied by the | 20071 |
| fiscal year 2006 cost-of-doing-business factor for a district | 20072 |
| defined in section 3317.02 of the Revised Code; | 20073 |
| (ii) The sum of the current formula amount plus the per pupil | 20074 |
| amount of the base funding supplements specified in divisions | 20075 |
| (B)(1) to (4) of section 3317.012 of the Revised Code. | 20076 |
| (8) "Poverty line" means the poverty line established by the | 20077 |
| director of the United States office of management and budget as | 20078 |
| revised by the director of the office of community services in | 20079 |
| accordance with section 673(2) of the "Community Services Block | 20080 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 20081 |
| (9) "IEP" means an individualized education program defined | 20082 |
| by division (E) of section 3323.01 of the Revised Code. | 20083 |
| (10) "Other district" means a city, exempted village, or | 20084 |
| local school district having territory outside of the territory of | 20085 |
| a district adopting a resolution under this section. | 20086 |
| (11) "Other district student" means a student entitled under | 20087 |
| section 3313.64 or 3313.65 of the Revised Code to attend school in | 20088 |
| an other district. | 20089 |
| (12) "Other district joint vocational student" means a | 20090 |
| student who is enrolled in any city, exempted village, or local | 20091 |
| school district and who also enrolls in a joint vocational school | 20092 |
| district that does not contain the territory of the district for | 20093 |
| which that student is a native student in accordance with a policy | 20094 |
| adopted under section 3313.983 of the Revised Code. | 20095 |
| (B)(1) The board of education of each city, local, and | 20096 |
| exempted village school district shall adopt a resolution | 20097 |
| establishing for the school district one of the following | 20098 |
| policies: | 20099 |
| (a) A policy that entirely prohibits the enrollment of | 20100 |
| students from adjacent districts or other districts, other than | 20101 |
| students for whom tuition is paid in accordance with section | 20102 |
| 3317.08 of the Revised Code; | 20103 |
| (b) A policy that permits enrollment of students from all | 20104 |
| adjacent districts in accordance with policy statements contained | 20105 |
| in the resolution; | 20106 |
| (c) A policy that permits enrollment of students from all | 20107 |
| other districts in accordance with policy statements contained in | 20108 |
| the resolution. | 20109 |
| (2) A policy permitting enrollment of students from adjacent | 20110 |
| or from other districts, as applicable, shall provide for all of | 20111 |
| the following: | 20112 |
| (a) Application procedures, including deadlines for | 20113 |
| application and for notification of students and the | 20114 |
| superintendent of the applicable district whenever an adjacent or | 20115 |
| other district student's application is approved. | 20116 |
| (b) Procedures for admitting adjacent or other district | 20117 |
| applicants free of any tuition obligation to the district's | 20118 |
| schools, including, but not limited to: | 20119 |
| (i) The establishment of district capacity limits by grade | 20120 |
| level, school building, and education program; | 20121 |
| (ii) A requirement that all native students wishing to be | 20122 |
| enrolled in the district will be enrolled and that any adjacent or | 20123 |
| other district students previously enrolled in the district shall | 20124 |
| receive preference over first-time applicants; | 20125 |
| (iii) Procedures to ensure that an appropriate racial balance | 20126 |
| is maintained in the district schools. | 20127 |
| (C) Except as provided in section 3313.982 of the Revised | 20128 |
| Code, the procedures for admitting adjacent or other district | 20129 |
| students, as applicable, shall not include: | 20130 |
| (1) Any requirement of academic ability, or any level of | 20131 |
| athletic, artistic, or other extracurricular skills; | 20132 |
| (2) Limitations on admitting applicants because of | 20133 |
| handicapping conditions, except that a board may refuse to admit a | 20134 |
| student receiving services under Chapter 3323. of the Revised | 20135 |
| Code, if the services described in the student's IEP are not | 20136 |
| available in the district's schools; | 20137 |
| (3) A requirement that the student be proficient in the | 20138 |
| English language; | 20139 |
| (4) Rejection of any applicant because the student has been | 20140 |
| subject to disciplinary proceedings, except that if an applicant | 20141 |
| has been suspended or expelled by the student's district for ten | 20142 |
| consecutive days or more in the term for which admission is sought | 20143 |
| or in the term immediately preceding the term for which admission | 20144 |
| is sought, the procedures may include a provision denying | 20145 |
| admission of such applicant. | 20146 |
| (D)(1) Each school board permitting only enrollment of | 20147 |
| adjacent district students shall provide information about the | 20148 |
| policy adopted under this section, including the application | 20149 |
| procedures and deadlines, to the superintendent and the board of | 20150 |
| education of each adjacent district and, upon request, to the | 20151 |
| parent of any adjacent district student. | 20152 |
| (2) Each school board permitting enrollment of other district | 20153 |
| students shall provide information about the policy adopted under | 20154 |
| this section, including the application procedures and deadlines, | 20155 |
| upon request, to the board of education of any other school | 20156 |
| district or to the parent of any student anywhere in the state. | 20157 |
| (E) Any school board shall accept all credits toward | 20158 |
| graduation earned in adjacent or other district schools by an | 20159 |
| adjacent or other district student or a native student. | 20160 |
| (F)(1) No board of education may adopt a policy discouraging | 20161 |
| or prohibiting its native students from applying to enroll in the | 20162 |
| schools of an adjacent or any other district that has adopted a | 20163 |
| policy permitting such enrollment, except that: | 20164 |
| (a) A district may object to the enrollment of a native | 20165 |
| student in an adjacent or other district in order to maintain an | 20166 |
| appropriate racial balance. | 20167 |
| (b) The board of education of a district receiving funds | 20168 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 20169 |
| may adopt a resolution objecting to the enrollment of its native | 20170 |
| students in adjacent or other districts if at least ten per cent | 20171 |
| of its students are included in the determination of the United | 20172 |
| States secretary of education made under section 20 U.S.C.A. | 20173 |
| 238(a). | 20174 |
| (2) If a board objects to enrollment of native students under | 20175 |
| this division, any adjacent or other district shall refuse to | 20176 |
| enroll such native students unless tuition is paid for the | 20177 |
| students in accordance with section 3317.08 of the Revised Code. | 20178 |
| An adjacent or other district enrolling such students may not | 20179 |
| receive funding for those students in accordance with section | 20180 |
| 3313.981 of the Revised Code. | 20181 |
| (G) The state board of education shall monitor school | 20182 |
| districts to ensure compliance with this section and the | 20183 |
| districts' policies. The board may adopt rules requiring uniform | 20184 |
| application procedures, deadlines for application, notification | 20185 |
| procedures, and record-keeping requirements for all school boards | 20186 |
| that adopt policies permitting the enrollment of adjacent or other | 20187 |
| district students, as applicable. If the state board adopts such | 20188 |
| rules, no school board shall adopt a policy that conflicts with | 20189 |
| those rules. | 20190 |
| (H) A resolution adopted by a board of education under this | 20191 |
| section that entirely prohibits the enrollment of students from | 20192 |
| adjacent and from other school districts does not abrogate any | 20193 |
| agreement entered into under section 3313.841 or 3313.92 of the | 20194 |
| Revised Code or any contract entered into under section 3313.90 of | 20195 |
| the Revised Code between the board of education adopting the | 20196 |
| resolution and the board of education of any adjacent or other | 20197 |
| district or prohibit these boards of education from entering into | 20198 |
| any such agreement or contract. | 20199 |
| (I) Nothing in this section shall be construed to permit or | 20200 |
| require the board of education of a city, exempted village, or | 20201 |
| local school district to exclude any native student of the | 20202 |
| district from enrolling in the district. | 20203 |
| Sec. 3314.013. (A)(1) Until July 1, 2000, no more than | 20204 |
| seventy-five contracts between start-up schools and the state | 20205 |
| board of education may be in effect outside the pilot project area | 20206 |
| at any time under this chapter. | 20207 |
| (2) After July 1, 2000, and until July 1, 2001, no more than | 20208 |
| one hundred twenty-five contracts between start-up schools and the | 20209 |
| state board of education may be in effect outside the pilot | 20210 |
| project area at any time under this chapter. | 20211 |
| (3) This division applies only to contracts between start-up | 20212 |
| schools and the state board of education and contracts between | 20213 |
| start-up schools and entities described in divisions (C)(1)(b) to | 20214 |
| (f) of section 3314.02 of the Revised Code. | 20215 |
| Until July 1, 2005, not more than two hundred twenty-five | 20216 |
| contracts to which this division applies may be in effect at any | 20217 |
| time under this chapter. | 20218 |
| (4) This division applies only to contracts between start-up | 20219 |
| schools and entities described in divisions (C)(1)(b) to (d) and | 20220 |
| (f) of section 3314.02 of the Revised Code. However this division | 20221 |
| does not apply to any start-up school the mission of which, as | 20222 |
| specified under division (A)(2) of section 3314.03 of the Revised | 20223 |
| Code, is solely to serve dropouts. | 20224 |
| After July 1, 2005, and until July 1, 2007, not more than two | 20225 |
| hundred fifty contracts to which this division applies may be in | 20226 |
| effect at any time under this chapter. | 20227 |
| (5) This division applies only to contracts between a | 20228 |
| start-up school and the board of education of the school district | 20229 |
| in which the school is or is proposed to be located. However this | 20230 |
| division does not apply to any start-up school the mission of | 20231 |
| which, as specified under division (A)(2) of section 3314.03 of | 20232 |
| the Revised Code, is solely to serve dropouts. | 20233 |
| Until July 1, 2007, the number of contracts to which this | 20234 |
| division applies in effect at any time under this chapter shall be | 20235 |
| not more than twenty-five plus the number of such contracts in | 20236 |
| effect on the effective date of this amendment. | 20237 |
| (6) No entity described in division (C)(1) of section 3314.02 | 20238 |
| of the Revised Code shall enter into a contract with an internet- | 20239 |
| or computer-based community school for one year after the | 20240 |
| effective date of this amendment, except as follows: | 20241 |
| (a) Any entity described in division (C)(1) of that section | 20242 |
| may renew a contract that the entity entered into with an | 20243 |
| internet- or computer-based community school prior to the | 20244 |
| effective date of this amendment. | 20245 |
| (b) Any entity described in divisions (C)(1)(a) to (e) of | 20246 |
| that section may assume sponsorship of an existing internet- or | 20247 |
| computer-based community school that was formerly sponsored by | 20248 |
| another entity and may enter into a contract with that community | 20249 |
| school in accordance with section 3314.03 of the Revised Code. | 20250 |
| (c) Any entity described in division (C)(1)(f) of that | 20251 |
| section may assume sponsorship of an existing internet- or | 20252 |
| computer-based community school in accordance with division (A)(7) | 20253 |
| of this section and may enter into a contract with that community | 20254 |
| school in accordance with section 3314.03 of the Revised Code. | 20255 |
| (7) Until July 1, 2005, any entity described in division | 20256 |
| (C)(1)(f) of section 3314.02 of the Revised Code may sponsor only | 20257 |
| a community school that formerly was sponsored by the state board | 20258 |
| of education under division (C)(1)(d) of that section, as it | 20259 |
| existed prior to April 8, 2003. After July 1, 2005, any such | 20260 |
| entity may assume sponsorship of any existing community school, | 20261 |
| and may sponsor any new community school that is not an internet- | 20262 |
| or computer-based community school. Beginning one year after the | 20263 |
| effective date of this amendment, any such entity may sponsor a | 20264 |
| new internet- or computer-based community school. | 20265 |
| (8) Nothing in division (A) of this section prohibits a | 20266 |
| community school from increasing the number of grade levels it | 20267 |
| offers. | 20268 |
| (B) Within twenty-four hours of a request by any person, the | 20269 |
| superintendent of public instruction shall indicate the number of | 20270 |
| preliminary agreements for start-up schools currently outstanding | 20271 |
| and the number of contracts for these schools in effect at the | 20272 |
| time of the request. | 20273 |
| (C) It is the intent of the general assembly to consider | 20274 |
| whether to provide limitations on the number of start-up community | 20275 |
| schools after July 1, 2001, following its examination of the | 20276 |
| results of the studies by the legislative office of education | 20277 |
| oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of | 20278 |
| the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. | 20279 |
| No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B. | 20280 |
| No. 770 of the 122nd general assembly. | 20281 |
| Sec. 3314.015. (A) The department of education shall be | 20282 |
| responsible for the oversight of sponsors of the community schools | 20283 |
| established under this chapter and shall provide technical | 20284 |
| assistance to schools and sponsors in their compliance with | 20285 |
| applicable laws and the terms of the contracts entered into under | 20286 |
| section 3314.03 of the Revised Code and in the development and | 20287 |
| start-up activities of those schools. In carrying out its duties | 20288 |
| under this section, the department shall do all of the following: | 20289 |
| (1) In providing technical assistance to proposing parties, | 20290 |
| governing authorities, and sponsors, conduct training sessions and | 20291 |
| distribute informational materials; | 20292 |
| (2) Approve entities to be sponsors of community schools and | 20293 |
| monitor the effectiveness of those sponsors in their oversight of | 20294 |
| the schools with which they have contracted; | 20295 |
| (3) By December thirty-first of each year, issue a report to | 20296 |
| the governor, the speaker of the house of representatives, the | 20297 |
| president of the senate, and the chairpersons of the house and | 20298 |
| senate committees principally responsible for education matters | 20299 |
| regarding the effectiveness of academic programs, operations, and | 20300 |
| legal compliance and of the financial condition of all community | 20301 |
| schools established under this chapter; | 20302 |
| (4) From time to time, make legislative recommendations to | 20303 |
| the general assembly designed to enhance the operation and | 20304 |
| performance of community schools. | 20305 |
| (B)(1) No entity listed in division (C)(1) of section 3314.02 | 20306 |
| of the Revised Code shall enter into a preliminary agreement under | 20307 |
| division (C)(2) of section 3314.02 of the Revised Code until it | 20308 |
| has received approval from the department of education to sponsor | 20309 |
| community schools under this chapter and has entered into a | 20310 |
| written agreement with the department regarding the manner in | 20311 |
| which the entity will conduct such sponsorship. The department | 20312 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 20313 |
| rules containing criteria, procedures, and deadlines for | 20314 |
| processing applications for such approval, for oversight of | 20315 |
| sponsors, for revocation of the approval of sponsors, and for | 20316 |
| entering into written agreements with sponsors. The rules shall | 20317 |
| require an entity to submit evidence of the entity's ability and | 20318 |
| willingness to comply with the provisions of division (D) of | 20319 |
| section 3314.03 of the Revised Code. The rules also shall require | 20320 |
| entities approved as sponsors on and after the effective date of | 20321 |
| this amendment to demonstrate a record of financial responsibility | 20322 |
| and successful implementation of educational programs. If an | 20323 |
| entity seeking approval on or after the effective date of this | 20324 |
| amendment to sponsor community schools in this state sponsors or | 20325 |
| operates schools in another state, at least one of the schools | 20326 |
| sponsored or operated by the entity must be comparable to or | 20327 |
| better than the performance of Ohio schools in a state of academic | 20328 |
| watch under section 3302.03 of the Revised Code, as determined by | 20329 |
| the department. | 20330 |
| An entity described in division (C)(1)(a), (b), (c), (d), or | 20331 |
| (f) of section 3314.02 of the Revised Code that is approved to | 20332 |
| sponsor community schools may
enter into | 20333 |
| agreements and sponsor | 20334 |
| schools, provided each school and the contract for sponsorship | 20335 |
| meets the requirements of this chapter, except that the department | 20336 |
| on a case-by-case basis may permit an entity to sponsor up to | 20337 |
| fifty schools. However, any school the mission of which, as | 20338 |
| specified under division (A)(2) of section 3314.03 of the Revised | 20339 |
| Code, is solely to serve dropouts shall not be counted toward the | 20340 |
| limit imposed by this paragraph. This paragraph does not apply to | 20341 |
| entities described in division (C)(1)(e) of section 3314.02 of the | 20342 |
| Revised Code. | 20343 |
| Upon approval of an entity to be a sponsor under this | 20344 |
| division, the department shall notify the entity of the number of | 20345 |
| schools the entity may sponsor. If at any time a sponsor exceeds | 20346 |
| the number of schools it may sponsor under this division, the | 20347 |
| department shall assume sponsorship of the schools in excess of | 20348 |
| the sponsor's authorized number in accordance with division (C) of | 20349 |
| this section. Those schools for which the department assumes | 20350 |
| sponsorship shall be the schools that most recently entered into | 20351 |
| contracts with the sponsor under section 3314.03 of the Revised | 20352 |
| Code. | 20353 |
| (2) The department of education shall determine, pursuant to | 20354 |
| criteria adopted by rule of the department, whether the mission | 20355 |
| proposed to be specified in the contract of a community school to | 20356 |
| be sponsored by a state university board of trustees or the | 20357 |
| board's designee under division (C)(1)(e) of section 3314.02 of | 20358 |
| the Revised Code complies with the requirements of that division. | 20359 |
| Such determination of the department is final. | 20360 |
| (3) The department of education shall determine, pursuant to | 20361 |
| criteria adopted by rule of the department, if any tax-exempt | 20362 |
| entity under section 501(c)(3) of the Internal Revenue Code that | 20363 |
| is proposed to be a sponsor of a community school is an | 20364 |
| education-oriented entity for purpose of satisfying the condition | 20365 |
|
prescribed in division (C)(1) | 20366 |
| the Revised Code. Such determination of the department is final. | 20367 |
| (C) If at any time the state board of education finds that a | 20368 |
| sponsor is not in compliance or is no longer willing to comply | 20369 |
| with its contract with any community school or with the | 20370 |
| department's rules for sponsorship, the state board or designee | 20371 |
| shall conduct a hearing in accordance with Chapter 119. of the | 20372 |
| Revised Code on that matter. If after the hearing, the state board | 20373 |
| or designee has confirmed the original finding, the department of | 20374 |
| education may revoke the sponsor's approval to sponsor community | 20375 |
| schools and may assume the sponsorship of any schools with which | 20376 |
| the sponsor has contracted until the earlier of the expiration of | 20377 |
| two school years or until a new sponsor as described in division | 20378 |
| (C)(1) of section 3314.02 of the Revised Code is secured by the | 20379 |
| school's governing authority. The department may extend the term | 20380 |
| of the contract in the case of a school for which it has assumed | 20381 |
| sponsorship under this division as necessary to accommodate the | 20382 |
| term of the department's authorization to sponsor the school | 20383 |
| specified in this division. | 20384 |
| (D) The decision of the department to disapprove an entity | 20385 |
| for sponsorship of a community school or to revoke approval for | 20386 |
| such sponsorship, as provided in division (C) of this section, may | 20387 |
| be appealed by the entity in accordance with section 119.12 of the | 20388 |
| Revised Code. | 20389 |
| (E) In carrying out its duties under this chapter, the | 20390 |
| department shall not impose requirements on community schools or | 20391 |
| their sponsors that are not permitted by law or duly adopted | 20392 |
| rules. | 20393 |
| Sec. 3314.02. (A) As used in this chapter: | 20394 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 20395 |
| this section, which has been approved by the department of | 20396 |
| education to sponsor community schools and with which the | 20397 |
| governing authority of the proposed community school enters into a | 20398 |
| contract pursuant to this section. | 20399 |
| (2) "Pilot project area" means the school districts included | 20400 |
| in the territory of the former community school pilot project | 20401 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 20402 |
| the 122nd general assembly. | 20403 |
| (3) "Challenged school district" means any of the following: | 20404 |
| (a) A school district that is part of the pilot project area; | 20405 |
| (b) A school district that is either in a state of academic | 20406 |
| emergency or in a state of academic watch under section 3302.03 of | 20407 |
| the Revised Code; | 20408 |
| (c) A big eight school district. | 20409 |
| (4) "Big eight school district" means a school district that | 20410 |
| for fiscal year 1997 had both of the following: | 20411 |
| (a) A percentage of children residing in the district and | 20412 |
| participating in the predecessor of Ohio works first greater than | 20413 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 20414 |
| Revised Code; | 20415 |
| (b) An average daily membership greater than twelve thousand, | 20416 |
| as reported pursuant to former division (A) of section 3317.03 of | 20417 |
| the Revised Code. | 20418 |
| (5) "New start-up school" means a community school other than | 20419 |
| one created by converting all or part of an existing public | 20420 |
| school, as designated in the school's contract pursuant to | 20421 |
| division (A)(17) of section 3314.03 of the Revised Code. | 20422 |
| (6) "Urban school district" means one of the state's | 20423 |
| twenty-one urban school districts as defined in division (O) of | 20424 |
| section 3317.02 of the Revised Code as that section existed prior | 20425 |
| to July 1, 1998. | 20426 |
| (7) "Internet- or computer-based community school" means a | 20427 |
| community school established under this chapter in which the | 20428 |
| enrolled students work primarily from their residences on | 20429 |
| assignments in nonclassroom-based learning opportunities provided | 20430 |
| via an internet- or other computer-based instructional method that | 20431 |
| does not rely on regular classroom instruction or via | 20432 |
| comprehensive instructional methods that include internet-based, | 20433 |
| other computer-based, and noncomputer-based learning | 20434 |
| opportunities. | 20435 |
| (B) Any person or group of individuals may initially propose | 20436 |
| under this division the conversion of all or a portion of a public | 20437 |
| school to a community school. The proposal shall be made to the | 20438 |
| board of education of the city, local, or exempted village school | 20439 |
| district in which the public school is proposed to be converted. | 20440 |
| Upon receipt of a proposal, a board may enter into a preliminary | 20441 |
| agreement with the person or group proposing the conversion of the | 20442 |
| public school, indicating the intention of the board of education | 20443 |
| to support the conversion to a community school. A proposing | 20444 |
| person or group that has a preliminary agreement under this | 20445 |
| division may proceed to finalize plans for the school, establish a | 20446 |
| governing authority for the school, and negotiate a contract with | 20447 |
| the board of education. Provided the proposing person or group | 20448 |
| adheres to the preliminary agreement and all provisions of this | 20449 |
| chapter, the board of education shall negotiate in good faith to | 20450 |
| enter into a contract in accordance with section 3314.03 of the | 20451 |
| Revised Code and division (C) of this section. | 20452 |
| (C)(1) Any person or group of individuals may propose under | 20453 |
| this division the establishment of a new start-up school to be | 20454 |
| located in a challenged school district. The proposal may be made | 20455 |
| to any of the following entities: | 20456 |
| (a) The board of education of the district in which the | 20457 |
| school is proposed to be located; | 20458 |
| (b) The board of education of any joint vocational school | 20459 |
| district with territory in the county in which is located the | 20460 |
| majority of the territory of the district in which the school is | 20461 |
| proposed to be located; | 20462 |
| (c) The board of education of any other city, local, or | 20463 |
| exempted village school district having territory in the same | 20464 |
| county where the district in which the school is proposed to be | 20465 |
| located has the major portion of its territory; | 20466 |
| (d) The governing board of any educational service center; | 20467 |
| (e) A sponsoring authority designated by the board of | 20468 |
| trustees of any of the thirteen state universities listed in | 20469 |
| section 3345.011 of the Revised Code or the board of trustees | 20470 |
| itself as long as a mission of the proposed school to be specified | 20471 |
| in the contract under division (A)(2) of section 3314.03 of the | 20472 |
| Revised Code and as approved by the department of education under | 20473 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 20474 |
| the practical demonstration of teaching methods, educational | 20475 |
| technology, or other teaching practices that are included in the | 20476 |
| curriculum of the university's teacher preparation program | 20477 |
| approved by the state board of education; | 20478 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 20479 |
| of the Internal Revenue Code as long as all of the following | 20480 |
| conditions are satisfied: | 20481 |
| (i) The entity has been in operation for at least five years | 20482 |
| prior to applying to be a community school sponsor. | 20483 |
| (ii) The entity has assets of at least five hundred thousand | 20484 |
| dollars. | 20485 |
| (iii) The department of education has determined that the | 20486 |
| entity is an education-oriented entity under division (B)(3) of | 20487 |
| section 3314.015 of the Revised Code. | 20488 |
| | 20489 |
| 20490 | |
| 20491 | |
| 20492 | |
| 20493 | |
| 20494 |
| Any entity described in division (C)(1) of this section may | 20495 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 20496 |
| this section with the proposing person or group. | 20497 |
| (2) A preliminary agreement indicates the intention of an | 20498 |
| entity described in division (C)(1) of this section to sponsor the | 20499 |
| community school. A proposing person or group that has such a | 20500 |
| preliminary agreement may proceed to finalize plans for the | 20501 |
| school, establish a governing authority as described in division | 20502 |
| (E) of this section for the school, and negotiate a contract with | 20503 |
| the entity. Provided the proposing person or group adheres to the | 20504 |
| preliminary agreement and all provisions of this chapter, the | 20505 |
| entity shall negotiate in good faith to enter into a contract in | 20506 |
| accordance with section 3314.03 of the Revised Code. | 20507 |
| (3) A new start-up school that is established in a school | 20508 |
| district while that district is either in a state of academic | 20509 |
| emergency or in a state of academic watch under section 3302.03 of | 20510 |
| the Revised Code may continue in existence once the school | 20511 |
| district is no longer in a state of academic emergency or academic | 20512 |
| watch, provided there is a valid contract between the school and a | 20513 |
| sponsor. | 20514 |
| (4) A copy of every preliminary agreement entered into under | 20515 |
| this division shall be filed with the superintendent of public | 20516 |
| instruction. | 20517 |
| (D) A majority vote of the board of a sponsoring entity and a | 20518 |
| majority vote of the members of the governing authority of a | 20519 |
| community school shall be required to adopt a contract and convert | 20520 |
| the public school to a community school or establish the new | 20521 |
| start-up school. Beginning on the effective date of this | 20522 |
| amendment, adoption of the contract shall occur not later than the | 20523 |
| fifteenth day of March prior to the school year in which the | 20524 |
| school will open. Up to the statewide limit prescribed in section | 20525 |
| 3314.013 of the Revised Code, an unlimited number of community | 20526 |
| schools may be established in any school district provided that a | 20527 |
| contract is entered into for each community school pursuant to | 20528 |
| this chapter. | 20529 |
| (E) As used in this division, "immediate relatives" are | 20530 |
| limited to spouses, children, parents, grandparents, siblings, and | 20531 |
| in-laws. | 20532 |
| Each new start-up community school established under this | 20533 |
| chapter shall be under the direction of a governing authority | 20534 |
| which shall consist of a board of not less than five individuals | 20535 |
| who are not owners or employees, or immediate relatives of owners | 20536 |
| or employees, of any for-profit firm that operates or manages a | 20537 |
| school for the governing authority. | 20538 |
| No person shall serve on the governing authority or operate | 20539 |
| the community school under contract with the governing authority | 20540 |
| so long as the person owes the state any money or is in a dispute | 20541 |
| over whether the person owes the state any money concerning the | 20542 |
| operation of a community school that has closed. | 20543 |
| (F) Nothing in this chapter shall be construed to permit the | 20544 |
| establishment of a community school in more than one school | 20545 |
| district under the same contract. | 20546 |
| (G) A new start-up school that is established prior to | 20547 |
| 20548 | |
| school district that is not also a big-eight school district may | 20549 |
| continue to operate after | 20550 |
| 20551 | |
| authority and the school's sponsor may be renewed, as provided | 20552 |
| under this chapter, after | 20553 |
| 20554 | |
| established in such a district unless the district is a challenged | 20555 |
| school district as defined in this section as it exists on and | 20556 |
| after | 20557 |
| Sec. 3314.021. (A) This section applies to any entity that is | 20558 |
| exempt from taxation under section 501(c)(3) of the Internal | 20559 |
| Revenue Code and that satisfies the conditions specified in | 20560 |
| divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the | 20561 |
| Revised Code but does not satisfy the condition specified in | 20562 |
| division (C)(1)(f)(i) of that section. | 20563 |
| (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 | 20564 |
| of the Revised Code, an entity described in division (A) of this | 20565 |
| section may do both of the following without obtaining the | 20566 |
| department of education's approval of its sponsorship under | 20567 |
| division (B)(1) of section 3314.015 of the Revised Code: | 20568 |
| (1) Succeed the board of trustees of a state university | 20569 |
| located in the pilot project area or that board's designee as the | 20570 |
| sponsor of a community school established under this chapter; | 20571 |
| (2) Continue to sponsor that school in conformance with the | 20572 |
| terms of the contract between the board of trustees or its | 20573 |
| designee and the governing authority of the community school and | 20574 |
| renew that contract as provided in division (E) of section 3314.03 | 20575 |
| of the Revised Code. | 20576 |
| (C) The entity that succeeds the board of trustees or the | 20577 |
| board's designee as sponsor of a community school under division | 20578 |
| (B) of this section also may enter into contracts to sponsor other | 20579 |
| community schools located in any challenged school district, | 20580 |
| without obtaining the department's approval of its sponsorship | 20581 |
| under division (B)(1) of section 3314.015 of the Revised Code, and | 20582 |
| not subject to the restriction of | 20583 |
| 20584 | |
| Revised Code, as long as the contracts conform with and the entity | 20585 |
| complies with all other requirements of this chapter. | 20586 |
| Sec. 3314.03. A copy of every contract entered into under | 20587 |
| this section shall be filed with the superintendent of public | 20588 |
| instruction. | 20589 |
| (A) Each contract entered into between a sponsor and the | 20590 |
| governing authority of a community school shall specify the | 20591 |
| following: | 20592 |
| (1) That the school shall be established as either of the | 20593 |
| following: | 20594 |
| (a) A nonprofit corporation established under Chapter 1702. | 20595 |
| of the Revised Code, if established prior to April 8, 2003; | 20596 |
| (b) A public benefit corporation established under Chapter | 20597 |
| 1702. of the Revised Code, if established after April 8, 2003; | 20598 |
| (2) The education program of the school, including the | 20599 |
| school's mission, the characteristics of the students the school | 20600 |
| is expected to attract, the ages and grades of students, and the | 20601 |
| focus of the curriculum; | 20602 |
| (3) The academic goals to be achieved and the method of | 20603 |
| measurement that will be used to determine progress toward those | 20604 |
| goals, which shall include the statewide achievement tests; | 20605 |
| (4) Performance standards by which the success of the school | 20606 |
| will be evaluated by the sponsor; | 20607 |
| (5) The admission standards of section 3314.06 of the Revised | 20608 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 20609 |
| (6)(a) Dismissal procedures; | 20610 |
| (b) A requirement that the governing authority adopt an | 20611 |
| attendance policy that includes a procedure for automatically | 20612 |
| withdrawing a student from the school if the student without a | 20613 |
| legitimate excuse fails to participate in one hundred five | 20614 |
| consecutive hours of the learning opportunities offered to the | 20615 |
| student. Such a policy shall provide for withdrawing the student | 20616 |
| by the end of the thirtieth day after the student has failed to | 20617 |
| participate as required under this division. | 20618 |
| (7) The ways by which the school will achieve racial and | 20619 |
| ethnic balance reflective of the community it serves; | 20620 |
| (8) Requirements for financial audits by the auditor of | 20621 |
| state. The contract shall require financial records of the school | 20622 |
| to be maintained in the same manner as are financial records of | 20623 |
| school districts, pursuant to rules of the auditor of state, and | 20624 |
| the audits shall be conducted in accordance with section 117.10 of | 20625 |
| the Revised Code. | 20626 |
| (9) The facilities to be used and their locations; | 20627 |
| (10) Qualifications of teachers, including a requirement that | 20628 |
| the school's classroom teachers be licensed in accordance with | 20629 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 20630 |
| community school may engage noncertificated persons to teach up to | 20631 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 20632 |
| Code; | 20633 |
| (11) That the school will comply with the following | 20634 |
| requirements: | 20635 |
| (a) The school will provide learning opportunities to a | 20636 |
| minimum of twenty-five students for a minimum of nine hundred | 20637 |
| twenty hours per school year; | 20638 |
| (b) The governing authority will purchase liability | 20639 |
| insurance, or otherwise provide for the potential liability of the | 20640 |
| school; | 20641 |
| (c) The school will be nonsectarian in its programs, | 20642 |
| admission policies, employment practices, and all other | 20643 |
| operations, and will not be operated by a sectarian school or | 20644 |
| religious institution; | 20645 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 20646 |
| 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 20647 |
| 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 20648 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 20649 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 20650 |
| 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 20651 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 20652 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 20653 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 20654 |
| district and will comply with section 3301.0714 of the Revised | 20655 |
| Code in the manner specified in section 3314.17 of the Revised | 20656 |
| Code; | 20657 |
| (e) The school shall comply with Chapter 102. of the Revised | 20658 |
| Code except that nothing in that chapter shall prohibit a member | 20659 |
| of the school's governing board from also being an employee of the | 20660 |
| school and nothing in that chapter or section 2921.42 of the | 20661 |
| Revised Code shall prohibit a member of the school's governing | 20662 |
| board from having an interest in a contract into which the | 20663 |
| governing board enters that is not a contract with a for-profit | 20664 |
| firm for the operation or management of a school under the | 20665 |
| auspices of the governing authority; | 20666 |
| (f) The school will comply with sections 3313.61, 3313.611, | 20667 |
| and 3313.614 of the Revised Code, except that the requirement in | 20668 |
| sections 3313.61 and 3313.611 of the Revised Code that a person | 20669 |
| must successfully complete the curriculum in any high school prior | 20670 |
| to receiving a high school diploma may be met by completing the | 20671 |
| curriculum adopted by the governing authority of the community | 20672 |
| school rather than the curriculum specified in Title XXXIII of the | 20673 |
| Revised Code or any rules of the state board of education; | 20674 |
| (g) The school governing authority will submit within four | 20675 |
| months after the end of each school year a report of its | 20676 |
| activities and progress in meeting the goals and standards of | 20677 |
| divisions (A)(3) and (4) of this section and its financial status | 20678 |
| to the sponsor, the parents of all students enrolled in the | 20679 |
| school, and the legislative office of education oversight. The | 20680 |
| school will collect and provide any data that the legislative | 20681 |
| office of education oversight requests in furtherance of any study | 20682 |
| or research that the general assembly requires the office to | 20683 |
| conduct, including the studies required under Section 50.39 of Am. | 20684 |
| Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 20685 |
| Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 20686 |
| (12) Arrangements for providing health and other benefits to | 20687 |
|
employees | 20688 |
| section 9.901 of the Revised Code. | 20689 |
| (13) The length of the contract, which shall begin at the | 20690 |
| beginning of an academic year. No contract shall exceed five years | 20691 |
| unless such contract has been renewed pursuant to division (E) of | 20692 |
| this section. | 20693 |
| (14) The governing authority of the school, which shall be | 20694 |
| responsible for carrying out the provisions of the contract; | 20695 |
| (15) A financial plan detailing an estimated school budget | 20696 |
| for each year of the period of the contract and specifying the | 20697 |
| total estimated per pupil expenditure amount for each such year. | 20698 |
| The plan shall specify for each year the base formula amount that | 20699 |
| will be used for purposes of funding calculations under section | 20700 |
| 3314.08 of the Revised Code. This base formula amount for any year | 20701 |
| shall not exceed the formula amount defined under section 3317.02 | 20702 |
| of the Revised Code. The plan may also specify for any year a | 20703 |
| percentage figure to be used for reducing the per pupil amount of | 20704 |
| 20705 | |
| section 3317.029 of the Revised Code the school is to receive that | 20706 |
| year under section 3314.08 of the Revised Code. | 20707 |
| (16) Requirements and procedures regarding the disposition of | 20708 |
| employees of the school in the event the contract is terminated or | 20709 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 20710 |
| (17) Whether the school is to be created by converting all or | 20711 |
| part of an existing public school or is to be a new start-up | 20712 |
| school, and if it is a converted public school, specification of | 20713 |
| any duties or responsibilities of an employer that the board of | 20714 |
| education that operated the school before conversion is delegating | 20715 |
| to the governing board of the community school with respect to all | 20716 |
| or any specified group of employees provided the delegation is not | 20717 |
| prohibited by a collective bargaining agreement applicable to such | 20718 |
| employees; | 20719 |
| (18) Provisions establishing procedures for resolving | 20720 |
| disputes or differences of opinion between the sponsor and the | 20721 |
| governing authority of the community school; | 20722 |
| (19) A provision requiring the governing authority to adopt a | 20723 |
| policy regarding the admission of students who reside outside the | 20724 |
| district in which the school is located. That policy shall comply | 20725 |
| with the admissions procedures specified
in | 20726 |
| 3314.06 and 3314.061 of the Revised Code and, at the sole | 20727 |
| discretion of the authority, shall do one of the following: | 20728 |
| (a) Prohibit the enrollment of students who reside outside | 20729 |
| the district in which the school is located; | 20730 |
| (b) Permit the enrollment of students who reside in districts | 20731 |
| adjacent to the district in which the school is located; | 20732 |
| (c) Permit the enrollment of students who reside in any other | 20733 |
| district in the state. | 20734 |
| (20) A provision recognizing the authority of the department | 20735 |
| of education to take over the sponsorship of the school in | 20736 |
| accordance with the provisions of division (C) of section 3314.015 | 20737 |
| of the Revised Code; | 20738 |
| (21) A provision recognizing the sponsor's authority to | 20739 |
| assume the operation of a school under the conditions specified in | 20740 |
| division (B) of section 3314.073 of the Revised Code; | 20741 |
| (22) A provision recognizing both of the following: | 20742 |
| (a) The authority of public health and safety officials to | 20743 |
| inspect the facilities of the school and to order the facilities | 20744 |
| closed if those officials find that the facilities are not in | 20745 |
| compliance with health and safety laws and regulations; | 20746 |
| (b) The authority of the department of education as the | 20747 |
| community school oversight body to suspend the operation of the | 20748 |
| school under section 3314.072 of the Revised Code if the | 20749 |
| department has evidence of conditions or violations of law at the | 20750 |
| school that pose an imminent danger to the health and safety of | 20751 |
| the school's students and employees and the sponsor refuses to | 20752 |
| take such action; | 20753 |
| (23) A description of the learning opportunities that will be | 20754 |
| offered to students including both classroom-based and | 20755 |
| non-classroom-based learning opportunities that is in compliance | 20756 |
| with criteria for student participation established by the | 20757 |
| department under division (L)(2) of section 3314.08 of the Revised | 20758 |
| Code; | 20759 |
| (24) The school will comply with section 3302.04 of the | 20760 |
| Revised Code, including division (E) of that section to the extent | 20761 |
| possible, except that any action required to be taken by a school | 20762 |
| district pursuant to that section shall be taken by the sponsor of | 20763 |
| the school. However, the sponsor shall not be required to take any | 20764 |
| action described in division (F) of that section. | 20765 |
| (25) Beginning in the 2006-2007 school year, the school will | 20766 |
| open for operation not later than the thirtieth day of September | 20767 |
| each school year, unless the mission of the school as specified | 20768 |
| under division (A)(2) of this section is solely to serve dropouts. | 20769 |
| In its initial year of operation, if the school fails to open by | 20770 |
| the thirtieth day of September, or within one year after the | 20771 |
| adoption of the contract pursuant to division (D) of section | 20772 |
| 3314.02 of the Revised Code if the mission of the school is solely | 20773 |
| to serve dropouts, the contract shall be void. | 20774 |
| (B) The community school shall also submit to the sponsor a | 20775 |
| comprehensive plan for the school. The plan shall specify the | 20776 |
| following: | 20777 |
| (1) The process by which the governing authority of the | 20778 |
| school will be selected in the future; | 20779 |
| (2) The management and administration of the school; | 20780 |
| (3) If the community school is a currently existing public | 20781 |
| school, alternative arrangements for current public school | 20782 |
| students who choose not to attend the school and teachers who | 20783 |
| choose not to teach in the school after conversion; | 20784 |
| (4) The instructional program and educational philosophy of | 20785 |
| the school; | 20786 |
| (5) Internal financial controls. | 20787 |
| (C) A contract entered into under section 3314.02 of the | 20788 |
| Revised Code between a sponsor and the governing authority of a | 20789 |
| community school may provide for the community school governing | 20790 |
| authority to make payments to the sponsor, which is hereby | 20791 |
| authorized to receive such payments as set forth in the contract | 20792 |
| between the governing authority and the sponsor. The total amount | 20793 |
| of such payments for oversight and monitoring of the school shall | 20794 |
| not exceed three per cent of the total amount of payments for | 20795 |
| operating expenses that the school receives from the state. | 20796 |
| (D) The contract shall specify the duties of the sponsor | 20797 |
| which shall be in accordance with the written agreement entered | 20798 |
| into with the department of education under division (B) of | 20799 |
| section 3314.015 of the Revised Code and shall include the | 20800 |
| following: | 20801 |
| (1) Monitor the community school's compliance with all laws | 20802 |
| applicable to the school and with the terms of the contract; | 20803 |
| (2) Monitor and evaluate the academic and fiscal performance | 20804 |
| and the organization and operation of the community school on at | 20805 |
| least an annual basis; | 20806 |
| (3) Report on an annual basis the results of the evaluation | 20807 |
| conducted under division (D)(2) of this section to the department | 20808 |
| of education and to the parents of students enrolled in the | 20809 |
| community school; | 20810 |
| (4) Provide technical assistance to the community school in | 20811 |
| complying with laws applicable to the school and terms of the | 20812 |
| contract; | 20813 |
| (5) Take steps to intervene in the school's operation to | 20814 |
| correct problems in the school's overall performance, declare the | 20815 |
| school to be on probationary status pursuant to section 3314.073 | 20816 |
| of the Revised Code, suspend the operation of the school pursuant | 20817 |
| to section 3314.072 of the Revised Code, or terminate the contract | 20818 |
| of the school pursuant to section 3314.07 of the Revised Code as | 20819 |
| determined necessary by the sponsor; | 20820 |
| (6) Have in place a plan of action to be undertaken in the | 20821 |
| event the community school experiences financial difficulties or | 20822 |
| closes prior to the end of a school year. | 20823 |
| (E) Upon the expiration of a contract entered into under this | 20824 |
| section, the sponsor of a community school may, with the approval | 20825 |
| of the governing authority of the school, renew that contract for | 20826 |
| a period of time determined by the sponsor, but not ending earlier | 20827 |
| than the end of any school year, if the sponsor finds that the | 20828 |
| school's compliance with applicable laws and terms of the contract | 20829 |
| and the school's progress in meeting the academic goals prescribed | 20830 |
| in the contract have been satisfactory. Any contract that is | 20831 |
| renewed under this division remains subject to the provisions of | 20832 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 20833 |
| (F) If a community school fails to open for operation within | 20834 |
| one year after the contract entered into under this section is | 20835 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 20836 |
| Code or permanently closes prior to the expiration of the | 20837 |
| contract, the contract shall be void and the school shall not | 20838 |
| enter into a contract with any other sponsor. A school shall not | 20839 |
| be considered permanently closed because the operations of the | 20840 |
| school have been suspended pursuant to section 3314.072 of the | 20841 |
| Revised Code. Any contract that becomes void under this division | 20842 |
| shall not count toward any statewide limit on the number of such | 20843 |
| contracts prescribed by section 3314.013 of the Revised Code. | 20844 |
| Sec. 3314.035. Each internet- or computer-based community | 20845 |
| school shall provide its students a location within a fifty-mile | 20846 |
| radius of the student's residence at which to complete the | 20847 |
| statewide achievement tests and diagnostic assessments prescribed | 20848 |
| under sections 3301.079 and 3301.0710 of the Revised Code. | 20849 |
| Sec. 3314.06. The governing authority of each community | 20850 |
| school established under this chapter shall adopt admission | 20851 |
| procedures that specify the following: | 20852 |
| (A) That except as otherwise provided in this section, | 20853 |
| admission to the school shall be open to any individual age five | 20854 |
| to twenty-two entitled to attend school pursuant to section | 20855 |
| 3313.64 or 3313.65 of the Revised Code in a school district in the | 20856 |
| state. | 20857 |
| (B)(1) That admission to the school may be limited to | 20858 |
| students who have attained a specific grade level or are within a | 20859 |
| specific age group; to students that meet a definition of | 20860 |
|
"at-risk," as
defined in the contract; | 20861 |
| specific geographic area within the district, as defined in the | 20862 |
| contract; or to separate groups of autistic students and | 20863 |
| nonhandicapped students, as authorized in section 3314.061 of the | 20864 |
| Revised Code and as defined in the contract. | 20865 |
| (2) For purposes of division (B)(1) of this section, | 20866 |
| "at-risk" students may include those students identified as gifted | 20867 |
| students under section 3324.03 of the Revised Code. | 20868 |
| (C) Whether enrollment is limited to students who reside in | 20869 |
| the district in which the school is located or is open to | 20870 |
| residents of other districts, as provided in the policy adopted | 20871 |
| pursuant to the contract. | 20872 |
| (D)(1) That there will be no discrimination in the admission | 20873 |
| of students to the school on the basis of race, creed, color, | 20874 |
|
handicapping
condition, or sex
except that | 20875 |
| (a) The governing authority may establish single-gender | 20876 |
| schools for the purpose described in division (G) of this section | 20877 |
| provided comparable facilities and learning opportunities are | 20878 |
| offered for both boys and girls. Such comparable facilities and | 20879 |
| opportunities may be offered for each sex at separate locations. | 20880 |
| (b) The governing authority may establish a school that | 20881 |
| simultaneously serves a group of students identified as autistic | 20882 |
| and a group of students who are not handicapped, as authorized in | 20883 |
| section 3314.061 of the Revised Code. However, unless the total | 20884 |
| capacity established for the school has been filled, no student | 20885 |
| with any handicap shall be denied admission on the basis of that | 20886 |
| handicap. | 20887 |
| (2) That upon admission of any handicapped student, the | 20888 |
| community school will comply with all federal and state laws | 20889 |
| regarding the education of handicapped students. | 20890 |
| (E) That the school may not limit admission to students on | 20891 |
| the basis of intellectual ability, measures of achievement or | 20892 |
| aptitude, or athletic ability, except that a school may limit its | 20893 |
|
enrollment to students as described in division (B) | 20894 |
| section. | 20895 |
| (F) That the community school will admit the number of | 20896 |
| students that does not exceed the capacity of the school's | 20897 |
| programs, classes, grade levels, or facilities. | 20898 |
| (G) That the purpose of single-gender schools that are | 20899 |
| established shall be to take advantage of the academic benefits | 20900 |
| some students realize from single-gender instruction and | 20901 |
| facilities and to offer students and parents residing in the | 20902 |
| district the option of a single-gender education. | 20903 |
| (H) That, except as otherwise provided under division (B) of | 20904 |
| this section or section 3314.061 of the Revised Code, if the | 20905 |
| number of applicants exceeds the capacity restrictions of division | 20906 |
| (F) of this section, students shall be admitted by lot from all | 20907 |
| those submitting applications, except preference shall be given to | 20908 |
| students attending the school the previous year and to students | 20909 |
| who reside in the district in which the school is located. | 20910 |
| Preference may be given to siblings of students attending the | 20911 |
| school the previous year. | 20912 |
| (I) If the school is an internet- or computer-based community | 20913 |
| school, that the school shall not admit on or after the effective | 20914 |
| date of this amendment any student, other than a student enrolling | 20915 |
| in kindergarten, who was not enrolled in a public school for at | 20916 |
| least one semester or an equivalent term during the three | 20917 |
| preceding school years. | 20918 |
| Notwithstanding divisions (A)
to | 20919 |
| the event the racial composition of the enrollment of the | 20920 |
| community school is violative of a federal desegregation order, | 20921 |
| the community school shall take any and all corrective measures to | 20922 |
| comply with the desegregation order. | 20923 |
| Sec. 3314.061. A governing authority may establish a | 20924 |
| community school under this chapter that is limited to providing | 20925 |
| simultaneously special education and related services to a | 20926 |
| specified number of students identified as autistic and regular | 20927 |
| educational programs to a specified number of students who are not | 20928 |
| handicapped. The contract between the governing authority and the | 20929 |
| school's sponsor shall specify the target ratio of number of | 20930 |
| autistic students to number of nonhandicapped students in the | 20931 |
| school's population, the total number of autistic students that | 20932 |
| may be enrolled in the school, and the total number of | 20933 |
| nonhandicapped students that may be enrolled in the school. A | 20934 |
| school established in accordance with this section is subject to | 20935 |
| division (H) of section 3314.06 of the Revised Code, except that | 20936 |
| because the governing authority establishes a separate capacity | 20937 |
| for autistic students and nonhandicapped students, if the number | 20938 |
| of applicants among the group of autistic students or the group of | 20939 |
| nonhandicapped students exceeds the capacity restrictions for that | 20940 |
| group, students shall be admitted by lot from all those of that | 20941 |
| same group submitting applications. However, unless the total | 20942 |
| capacity established for the school has been filled, no student | 20943 |
| with any handicap shall be denied admission on the basis of that | 20944 |
| handicap. | 20945 |
| Sec. 3314.074. Divisions (A) and (B) of this section apply | 20946 |
| only to the extent permitted under Chapter 1702. of the Revised | 20947 |
| Code. | 20948 |
| (A) If any community school established under this chapter | 20949 |
| permanently closes and ceases its operation as a community school, | 20950 |
| the assets of that school shall be distributed first to the | 20951 |
| retirement funds of employees of the school, employees of the | 20952 |
| school, and private creditors who are owed compensation and then | 20953 |
| any remaining funds shall be paid to the state treasury to the | 20954 |
| credit of the general revenue fund. | 20955 |
| (B) If a community school closes and ceases to operate as a | 20956 |
| community school and the school has received computer hardware or | 20957 |
| software from the former Ohio SchoolNet commission or the agency | 20958 |
| designated by the governor to assume the functions of the | 20959 |
| commission, such hardware or software shall be returned to the | 20960 |
| 20961 | |
| the hardware and software, to the extent such redistribution is | 20962 |
| possible, to school districts in conformance with the provisions | 20963 |
| of the programs operated and administered by
the | 20964 |
| agency. | 20965 |
| (C) If the assets of the school are insufficient to pay all | 20966 |
| persons or entities to whom compensation is owed, the | 20967 |
| prioritization of the distribution of the assets to individual | 20968 |
| persons or entities within each class of payees may be determined | 20969 |
| by decree of a court in accordance with this section and Chapter | 20970 |
| 1702. of the Revised Code. | 20971 |
| Sec. 3314.08. (A) As used in this section: | 20972 |
| (1) "Base formula amount" means the amount specified as such | 20973 |
| in a community school's financial plan for a school year pursuant | 20974 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 20975 |
| (2) "Cost-of-doing-business factor" has the same meaning as | 20976 |
| in section 3317.02 of the Revised Code. | 20977 |
| (3) "IEP" means an individualized education program as | 20978 |
| defined in section 3323.01 of the Revised Code. | 20979 |
| (4) "Applicable special education weight" means the multiple | 20980 |
| specified in section 3317.013 of the Revised Code for a handicap | 20981 |
| described in that section. | 20982 |
| (5) "Applicable vocational education weight" means: | 20983 |
| (a) For a student enrolled in vocational education programs | 20984 |
| or classes described in division (A) of section 3317.014 of the | 20985 |
| Revised Code, the multiple specified in that division; | 20986 |
| (b) For a student enrolled in vocational education programs | 20987 |
| or classes described in division (B) of section 3317.014 of the | 20988 |
| Revised Code, the multiple specified in that division. | 20989 |
| (6) "Entitled to attend school" means entitled to attend | 20990 |
| school in a district under section 3313.64 or 3313.65 of the | 20991 |
| Revised Code. | 20992 |
| (7)
A community school student
is "included in the | 20993 |
| poverty student count" of a school district if the student is | 20994 |
| entitled to
attend school in the district and | 20995 |
| | 20996 |
| 20997 |
| | 20998 |
| student's family income does not exceed the federal poverty | 20999 |
| guidelines, as defined in section 5101.46 of the Revised Code, and | 21000 |
| the student's family receives family assistance, as defined in | 21001 |
| section 3317.029 of the Revised Code. | 21002 |
| (8) " | 21003 |
| the percentage figure, if any, for reducing the per pupil amount | 21004 |
|
of | 21005 |
| community school is entitled to receive pursuant to divisions | 21006 |
| (D)(5) and (6) of this section in any year, as specified in the | 21007 |
| school's financial plan for the year pursuant to division (A)(15) | 21008 |
| of section 3314.03 of the Revised Code. | 21009 |
| (9) "All-day kindergarten" has the same meaning as in section | 21010 |
| 3317.029 of the Revised Code. | 21011 |
| (10) "SF-3 payment" means the sum of the payments to a school | 21012 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 21013 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 21014 |
| of section 3317.024, and sections 3317.029, 3317.0212, | 21015 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 21016 |
| the Revised Code after making the adjustments required by sections | 21017 |
| 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), | 21018 |
| (M), and (N) of section 3317.023, and division (C) of section | 21019 |
| 3317.20 of the Revised Code. | 21020 |
| (B) The state board of education shall adopt rules requiring | 21021 |
| both of the following: | 21022 |
| (1) The board of education of each city, exempted village, | 21023 |
| and local school district to annually report the number of | 21024 |
| students entitled to attend school in the district who are | 21025 |
| enrolled in grades one through twelve in a community school | 21026 |
| established under this chapter, the number of students entitled to | 21027 |
| attend school in the district who are enrolled in kindergarten in | 21028 |
| a community school, the number of those kindergartners who are | 21029 |
| enrolled in all-day kindergarten in their community school, and | 21030 |
| for each child, the community school in which the child is | 21031 |
| enrolled. | 21032 |
| (2) The governing authority of each community school | 21033 |
| established under this chapter to annually report all of the | 21034 |
| following: | 21035 |
| (a) The number of students enrolled in grades one through | 21036 |
| twelve and the number of students enrolled in kindergarten in the | 21037 |
| school who are not receiving special education and related | 21038 |
| services pursuant to an IEP; | 21039 |
| (b) The number of enrolled students in grades one through | 21040 |
| twelve and the number of enrolled students in kindergarten, who | 21041 |
| are receiving special education and related services pursuant to | 21042 |
| an IEP; | 21043 |
| (c) The number of students reported under division (B)(2)(b) | 21044 |
| of this section receiving special education and related services | 21045 |
| pursuant to an IEP for a handicap described in each of divisions | 21046 |
| (A) to (F) of section 3317.013 of the Revised Code; | 21047 |
| (d) The full-time equivalent number of students reported | 21048 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 21049 |
| in vocational education programs or classes described in each of | 21050 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 21051 |
| are provided by the community school; | 21052 |
| (e) Twenty per cent of the number of students reported under | 21053 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 21054 |
| under division (B)(2)(d) of this section but who are enrolled in | 21055 |
| vocational education programs or classes described in each of | 21056 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 21057 |
| joint vocational school district under a contract between the | 21058 |
| community school and the joint vocational school district and are | 21059 |
| entitled to attend school in a city, local, or exempted village | 21060 |
| school district whose territory is part of the territory of the | 21061 |
| joint vocational district; | 21062 |
| (f) The number of enrolled preschool handicapped students | 21063 |
| receiving special education services in a state-funded unit; | 21064 |
| (g) The community school's base formula amount; | 21065 |
| (h) For each student, the city, exempted village, or local | 21066 |
| school district in which the student is entitled to attend school; | 21067 |
| (i) Any | 21068 |
| applies to a school year. | 21069 |
| (C) From the SF-3 payment made to a city, exempted village, | 21070 |
| or local school district and, if necessary, from the payment made | 21071 |
| to the district under sections 321.24 and 323.156 of the Revised | 21072 |
| Code, the department of education shall annually subtract the sum | 21073 |
| of the
amounts described in divisions (C)(1) to | 21074 |
| section. However, when deducting payments on behalf of students | 21075 |
| enrolled in internet- or computer-based community schools, the | 21076 |
| department shall deduct only those amounts described in divisions | 21077 |
| (C)(1) and (2) of this section. Furthermore, the aggregate amount | 21078 |
| deducted under this division shall not exceed the sum of the | 21079 |
| district's SF-3 payment and its payment under sections 321.24 and | 21080 |
| 323.156 of the Revised Code. | 21081 |
| (1) An amount equal to the sum of the amounts obtained when, | 21082 |
| for each community school where the district's students are | 21083 |
| enrolled, the number of the district's students reported under | 21084 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 21085 |
| in grades one through twelve, and one-half the number of students | 21086 |
| reported under those divisions who are enrolled in kindergarten, | 21087 |
| in that community school is multiplied by the following: | 21088 |
| (a) In fiscal year 2006, the base formula amount of that | 21089 |
| community school as adjusted by the school district's | 21090 |
| cost-of-doing-business factor; | 21091 |
| (b) In fiscal year 2007 and thereafter, the greater of either | 21092 |
| of the following: | 21093 |
| (i) The fiscal year 2006 base formula amount of that | 21094 |
| community school as adjusted by the school district's fiscal year | 21095 |
| 2006 cost-of-doing-business factor; | 21096 |
| (ii) The sum of the current base formula amount of that | 21097 |
| community school plus the per pupil amount of the base funding | 21098 |
| supplements specified in divisions (B)(1) to (4) of section | 21099 |
| 3317.012 of the Revised Code. | 21100 |
| (2) The sum of the amounts calculated under divisions | 21101 |
| (C)(2)(a) and (b) of this section: | 21102 |
| (a) For each of the district's students reported under | 21103 |
| division (B)(2)(c) of this section as enrolled in a community | 21104 |
| school in grades one through twelve and receiving special | 21105 |
| education and related services pursuant to an IEP for a handicap | 21106 |
| described in section 3317.013 of the Revised Code, the product of | 21107 |
| the applicable special education weight times the community | 21108 |
| school's base formula amount; | 21109 |
| (b) For each of the district's students reported under | 21110 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 21111 |
| a community school and receiving special education and related | 21112 |
| services pursuant to an IEP for a handicap described in section | 21113 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 21114 |
| prescribed in division (C)(2)(a) of this section. | 21115 |
| (3) For each of the district's students reported under | 21116 |
| division (B)(2)(d) of this section for whom payment is made under | 21117 |
| division (D)(4) of this section, the amount of that payment; | 21118 |
| (4) An amount equal to the sum of the amounts obtained when, | 21119 |
| for each community school where the district's students are | 21120 |
| enrolled, the number of the district's students enrolled in that | 21121 |
|
community school
who are included in the district's | 21122 |
| student count is multiplied by the per pupil amount of | 21123 |
| 21124 | |
| district receives that year pursuant to division (B) or (C) of | 21125 |
| section 3317.029 of
the
Revised
Code, as
adjusted by any | 21126 |
| poverty-based assistance reduction factor of that community | 21127 |
|
school.
If
the district receives
| 21128 |
| poverty-based assistance under division (B) of that section, the | 21129 |
| per pupil amount of that aid is the quotient of the amount the | 21130 |
| district received under that division divided by the district's | 21131 |
| 21132 | |
|
district receives
| 21133 |
| assistance under division (C) of section 3317.029 of the Revised | 21134 |
| Code, the per pupil amount of that aid is the per pupil dollar | 21135 |
|
amount prescribed for the
district in
| 21136 |
| and (2) of that section, times a multiple of 0.50 in fiscal year | 21137 |
| 2007. | 21138 |
| (5) An amount equal to the sum of the amounts obtained when, | 21139 |
| for each community school where the district's students are | 21140 |
| enrolled, the district's per pupil amount of aid received under | 21141 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 21142 |
|
by any
| 21143 |
| community school, is multiplied by the sum of the following: | 21144 |
| (a) The number of the district's students reported under | 21145 |
| division (B)(2)(a) of this section who are enrolled in grades one | 21146 |
| to three in that community school and who are not receiving | 21147 |
| special education and related services pursuant to an IEP; | 21148 |
| (b) One-half of the district's students who are enrolled in | 21149 |
| all-day or any other kindergarten class in that community school | 21150 |
| and who are not receiving special education and related services | 21151 |
| pursuant to an IEP; | 21152 |
| (c) One-half of the district's students who are enrolled in | 21153 |
| all-day kindergarten in that community school and who are not | 21154 |
| receiving special education and related services pursuant to an | 21155 |
| IEP. | 21156 |
| The district's per pupil amount of aid under division (E) of | 21157 |
| section 3317.029 of the Revised Code is the quotient of the amount | 21158 |
| the district received under that division divided by the | 21159 |
| district's kindergarten through third grade ADM, as defined in | 21160 |
| that section. | 21161 |
| (6) An amount equal to the sum of the amounts obtained when, | 21162 |
| for each community school where the district's students are | 21163 |
| enrolled, the district's per pupil amount received under division | 21164 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 21165 |
| poverty-based assistance reduction factor of that community | 21166 |
| school, is multiplied by the number of the district's students | 21167 |
| enrolled in the community school who are identified as | 21168 |
| limited-English proficient. | 21169 |
| The district's per pupil amount under division (F) of section | 21170 |
| 3317.029 of the Revised Code is the amount calculated under | 21171 |
| division (F)(1) or (2) of that section, times a multiple of 0.50 | 21172 |
| in fiscal year 2007. | 21173 |
| (7) An amount equal to the sum of the amounts obtained when, | 21174 |
| for each community school where the district's students are | 21175 |
| enrolled, the district's per pupil amount received under division | 21176 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 21177 |
| poverty-based assistance reduction factor of that community | 21178 |
| school, is multiplied by the sum of the following: | 21179 |
| (a) The number of the district's students enrolled in grades | 21180 |
| one through twelve in that community school; | 21181 |
| (b) One-half of the number of the district's students | 21182 |
| enrolled in kindergarten in that community school. | 21183 |
| The district's per pupil amount under division (G) of section | 21184 |
| 3317.029 of the Revised Code is the district's amount per teacher | 21185 |
| calculated under division (G)(1) or (2) of that section divided by | 21186 |
| 20, times a multiple of 0.50 in fiscal year 2007. | 21187 |
| (8) An amount equal to the sum of the amounts obtained when, | 21188 |
| for each community school where the district's students are | 21189 |
| enrolled, the district's per pupil amount received under divisions | 21190 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 21191 |
| by any poverty-based assistance reduction factor of that community | 21192 |
| school, is multiplied by the sum of the following: | 21193 |
| (a) The number of the district's students enrolled in grades | 21194 |
| one through twelve in that community school; | 21195 |
| (b) One-half of the number of the district's students | 21196 |
| enrolled in kindergarten in that community school. | 21197 |
| The district's per pupil amount under divisions (H) and (I) | 21198 |
| of section 3317.029 of the Revised Code is the amount calculated | 21199 |
| under each division divided by the district's formula ADM, as | 21200 |
| defined in section 3317.02 of the Revised Code. | 21201 |
| (9) An amount equal to the per pupil state parity aid funding | 21202 |
| calculated for the school district under either division (C) or | 21203 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 21204 |
| of the number of students in grades one through twelve, and | 21205 |
| one-half of the number of students in kindergarten, who are | 21206 |
| entitled to attend school in the district and are enrolled in a | 21207 |
| community school as reported under division (B)(1) of this | 21208 |
| section. | 21209 |
| (D) The department shall annually pay to a community school | 21210 |
| established under this chapter the sum of the amounts described in | 21211 |
| divisions (D)(1) to | 21212 |
| department shall calculate and pay to each internet- or | 21213 |
| computer-based community school only the amounts described in | 21214 |
| divisions (D)(1) to (3) of this section. Furthermore, the sum of | 21215 |
| the payments to all community schools under divisions (D)(1), (2), | 21216 |
| and (4) | 21217 |
| students entitled to attend school in any particular school | 21218 |
| district shall not exceed the sum of that district's SF-3 payment | 21219 |
| and its payment under sections 321.24 and 323.156 of the Revised | 21220 |
| Code. If the sum of the payments calculated under those divisions | 21221 |
| for the students entitled to attend school in a particular school | 21222 |
| district exceeds the sum of that district's SF-3 payment and its | 21223 |
| payment under sections 321.24 and 323.156 of the Revised Code, the | 21224 |
| department shall calculate and apply a proration factor to the | 21225 |
| payments to all community schools under those divisions for the | 21226 |
| students entitled to attend school in that district. | 21227 |
| (1) An amount equal to the sum of the amounts obtained when | 21228 |
| the number of students enrolled in grades one through twelve, plus | 21229 |
| one-half of the kindergarten students in the school, reported | 21230 |
| under divisions (B)(2)(a), (b), and (e) of this section who are | 21231 |
| not receiving special education and related services pursuant to | 21232 |
| an IEP for a handicap described in section 3317.013 of the Revised | 21233 |
| Code is multiplied by the following: | 21234 |
| (a) In fiscal year 2006, the community school's base formula | 21235 |
| amount, as adjusted by the cost-of-doing-business factor of the | 21236 |
| school district in which the student is entitled to attend school; | 21237 |
| (b) In fiscal year 2007 and thereafter, the greater of either | 21238 |
| of the following: | 21239 |
| (i) The community school's fiscal year 2006 base formula | 21240 |
| amount, as adjusted by the fiscal year 2006 cost-of-doing-business | 21241 |
| factor of the school district in which the student is entitled to | 21242 |
| attend school; | 21243 |
| (ii) The sum of the community school's current base formula | 21244 |
| amount plus the per pupil amount of the base funding supplements | 21245 |
| specified in divisions (B)(1) to (4) of section 3317.012 of the | 21246 |
| Revised Code. | 21247 |
| (2) The greater of the following: | 21248 |
| (a) The aggregate amount that the department paid to the | 21249 |
| community school in fiscal year 1999 for students receiving | 21250 |
| special education and related services pursuant to IEPs, excluding | 21251 |
| federal funds and state disadvantaged pupil impact aid funds; | 21252 |
| (b) The sum of the amounts calculated under divisions | 21253 |
| (D)(2)(b)(i) and (ii) of this section: | 21254 |
| (i) For each student reported under division (B)(2)(c) of | 21255 |
| this section as enrolled in the school in grades one through | 21256 |
| twelve and receiving special education and related services | 21257 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 21258 |
| the
Revised
Code, either of the following | 21259 |
| applicable: | 21260 |
| (I) In fiscal year 2006, the amount shall be calculated | 21261 |
| according to the following formula: | 21262 |
| 21263 |
| 21264 |
| 21265 |
| 21266 | |
| 21267 |
| 21268 |
| (II) In fiscal year 2007 and thereafter, the amount shall be | 21269 |
| calculated according to the following formula: | 21270 |
| 21271 |
| 21272 |
| 21273 |
| 21274 |
| 21275 |
| 21276 |
| 21277 |
| 21278 |
| 21279 |
| (ii) For each student reported under division (B)(2)(c) of | 21280 |
| this section as enrolled in kindergarten and receiving special | 21281 |
| education and related services pursuant to an IEP for a handicap | 21282 |
| described in section 3317.013 of the Revised Code, one-half of the | 21283 |
| amount calculated under the formula prescribed in division | 21284 |
| (D)(2)(b)(i) of this section. | 21285 |
| (3) An amount received from federal funds to provide special | 21286 |
| education and related services to students in the community | 21287 |
| school, as determined by the superintendent of public instruction. | 21288 |
| (4) For each student reported under division (B)(2)(d) of | 21289 |
| this section as enrolled in vocational education programs or | 21290 |
| classes that are described in section 3317.014 of the Revised | 21291 |
| Code, are provided by the community school, and are comparable as | 21292 |
| determined by the superintendent of public instruction to school | 21293 |
| district vocational education programs and classes eligible for | 21294 |
| state weighted funding under section 3317.014 of the Revised Code, | 21295 |
| an amount equal to the applicable vocational education weight | 21296 |
| times the community school's base formula amount times the | 21297 |
| percentage of time the student spends in the vocational education | 21298 |
| programs or classes. | 21299 |
| (5) An amount equal to the sum of the amounts obtained when, | 21300 |
| for each school district where the community school's students are | 21301 |
| entitled to attend school, the number of that district's students | 21302 |
| enrolled in the community school who are included in the | 21303 |
|
district's | 21304 |
| pupil
amount of | 21305 |
| assistance that school district receives that year pursuant to | 21306 |
| division (B) or (C) of section 3317.029 of the Revised Code, as | 21307 |
|
adjusted by
any | 21308 |
| the community school. The per pupil amount of aid shall be | 21309 |
| determined as described in division (C)(4) of this section. | 21310 |
| (6) An amount equal to the sum of the amounts obtained when, | 21311 |
| for each school district where the community school's students are | 21312 |
| entitled to attend school, the district's per pupil amount of aid | 21313 |
| received under division (E) of section 3317.029 of the Revised | 21314 |
|
Code, as adjusted by any | 21315 |
| factor of the community school, is multiplied by the sum of the | 21316 |
| following: | 21317 |
| (a) The number of the district's students reported under | 21318 |
| division (B)(2)(a) of this section who are enrolled in grades one | 21319 |
| to three in that community school and who are not receiving | 21320 |
| special education and related services pursuant to an IEP; | 21321 |
| (b) One-half of the district's students who are enrolled in | 21322 |
| all-day or any other kindergarten class in that community school | 21323 |
| and who are not receiving special education and related services | 21324 |
| pursuant to an IEP; | 21325 |
| (c) One-half of the district's students who are enrolled in | 21326 |
| all-day kindergarten in that community school and who are not | 21327 |
| receiving special education and related services pursuant to an | 21328 |
| IEP. | 21329 |
| The district's per pupil amount of aid under division (E) of | 21330 |
| section 3317.029 of the Revised Code shall be determined as | 21331 |
| described in division (C)(5) of this section. | 21332 |
| (7) An amount equal to the sum of the amounts obtained when, | 21333 |
| for each school district where the community school's students are | 21334 |
| entitled to attend school, the number of that district's students | 21335 |
| enrolled in the community school who are identified as | 21336 |
| limited-English proficient is multiplied by the district's per | 21337 |
| pupil amount received under division (F) of section 3317.029 of | 21338 |
| the Revised Code, as adjusted by any poverty-based assistance | 21339 |
| reduction factor of the community school. | 21340 |
| The district's per pupil amount under division (F) of section | 21341 |
| 3317.029 of the Revised Code shall be determined as described in | 21342 |
| division (C)(6) of this section. | 21343 |
| (8) An amount equal to the sum of the amounts obtained when, | 21344 |
| for each school district where the community school's students are | 21345 |
| entitled to attend school, the district's per pupil amount | 21346 |
| received under division (G) of section 3317.029 of the Revised | 21347 |
| Code, as adjusted by any poverty-based assistance reduction factor | 21348 |
| of the community school, is multiplied by the sum of the | 21349 |
| following: | 21350 |
| (a) The number of the district's students enrolled in grades | 21351 |
| one through twelve in that community school; | 21352 |
| (b) One-half of the number of the district's students | 21353 |
| enrolled in kindergarten in that community school. | 21354 |
| The district's per pupil amount under division (G) of section | 21355 |
| 3317.029 of the Revised Code shall be determined as described in | 21356 |
| division (C)(7) of this section. | 21357 |
| (9) An amount equal to the sum of the amounts obtained when, | 21358 |
| for each school district where the community school's students are | 21359 |
| entitled to attend school, the district's per pupil amount | 21360 |
| received under divisions (H) and (I) of section 3317.029 of the | 21361 |
| Revised Code, as adjusted by any poverty-based assistance | 21362 |
| reduction factor of the community school, is multiplied by the sum | 21363 |
| of the following: | 21364 |
| (a) The number of the district's students enrolled in grades | 21365 |
| one through twelve in that community school; | 21366 |
| (b) One-half of the number of the district's students | 21367 |
| enrolled in kindergarten in that community school. | 21368 |
| The district's per pupil amount under divisions (H) and (I) | 21369 |
| of section 3317.029 of the Revised Code shall be determined as | 21370 |
| described in division (C)(8) of this section. | 21371 |
| (10) An amount equal to the sum of the amounts obtained when, | 21372 |
| for each school district where the community school's students are | 21373 |
| entitled to attend school, the district's per pupil amount of | 21374 |
| state parity aid funding calculated under either division (C) or | 21375 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 21376 |
| sum of the number of that district's students enrolled in grades | 21377 |
| one through twelve, and one-half of the number of that district's | 21378 |
| students enrolled in kindergarten, in the community school as | 21379 |
| reported under division (B)(2)(a) and (b) of this section. | 21380 |
| (E)(1) If a community school's costs for a fiscal year for a | 21381 |
| student receiving special education and related services pursuant | 21382 |
| to an IEP for a handicap described in divisions (B) to (F) of | 21383 |
| section 3317.013 of the Revised Code exceed the threshold | 21384 |
| catastrophic cost for serving the student as specified in division | 21385 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 21386 |
| submit to the superintendent of public instruction documentation, | 21387 |
| as prescribed by the superintendent, of all its costs for that | 21388 |
| student. Upon submission of documentation for a student of the | 21389 |
| type and in the manner prescribed, the department shall pay to the | 21390 |
| community school an amount equal to the school's costs for the | 21391 |
| student in excess of the threshold catastrophic costs. | 21392 |
| (2) The community school shall only report under division | 21393 |
| (E)(1) of this section, and the department shall only pay for, the | 21394 |
| costs of educational expenses and the related services provided to | 21395 |
| the student in accordance with the student's individualized | 21396 |
| education program. Any legal fees, court costs, or other costs | 21397 |
| associated with any cause of action relating to the student may | 21398 |
| not be included in the amount. | 21399 |
| (F) A community school may apply to the department of | 21400 |
| education for preschool handicapped or gifted unit funding the | 21401 |
| school would receive if it were a school district. Upon request of | 21402 |
| its governing authority, a community school that received unit | 21403 |
| funding as a school district-operated school before it became a | 21404 |
| community school shall retain any units awarded to it as a school | 21405 |
| district-operated school provided the school continues to meet | 21406 |
| eligibility standards for the unit. | 21407 |
| A community school shall be considered a school district and | 21408 |
| its governing authority shall be considered a board of education | 21409 |
| for the purpose of applying to any state or federal agency for | 21410 |
| grants that a school district may receive under federal or state | 21411 |
| law or any appropriations act of the general assembly. The | 21412 |
| governing authority of a community school may apply to any private | 21413 |
| entity for additional funds. | 21414 |
| (G) A board of education sponsoring a community school may | 21415 |
| utilize local funds to make enhancement grants to the school or | 21416 |
| may agree, either as part of the contract or separately, to | 21417 |
| provide any specific services to the community school at no cost | 21418 |
| to the school. | 21419 |
| (H) A community school may not levy taxes or issue bonds | 21420 |
| secured by tax revenues. | 21421 |
| (I) No community school shall charge tuition for the | 21422 |
| enrollment of any student. | 21423 |
| (J)(1)(a) A community school may borrow money to pay any | 21424 |
| necessary and actual expenses of the school in anticipation of the | 21425 |
| receipt of any portion of the payments to be received by the | 21426 |
| school pursuant to division (D) of this section. The school may | 21427 |
| issue notes to evidence such borrowing. The proceeds of the notes | 21428 |
| shall be used only for the purposes for which the anticipated | 21429 |
| receipts may be lawfully expended by the school. | 21430 |
| (b) A school may also borrow money for a term not to exceed | 21431 |
| fifteen years for the purpose of acquiring facilities. | 21432 |
| (2) Except for any amount guaranteed under section 3318.50 of | 21433 |
| the Revised Code, the state is not liable for debt incurred by the | 21434 |
| governing authority of a community school. | 21435 |
| (K) For purposes of determining the number of students for | 21436 |
| which divisions (D)(5) and (6) of this section applies in any | 21437 |
| school year, a community school may submit to the department of | 21438 |
| job and family services, no later than the first day of March, a | 21439 |
| list of the students enrolled in the school. For each student on | 21440 |
| the list, the community school shall indicate the student's name, | 21441 |
| address, and date of birth and the school district where the | 21442 |
| student is entitled to attend school. Upon receipt of a list under | 21443 |
| this division, the department of job and family services shall | 21444 |
| determine, for each school district where one or more students on | 21445 |
| the list is entitled to attend school, the number of students | 21446 |
| residing in that school district who were included in the | 21447 |
| department's report under section 3317.10 of the Revised Code. The | 21448 |
| department shall make this determination on the basis of | 21449 |
| information readily available to it. Upon making this | 21450 |
| determination and no later than ninety days after submission of | 21451 |
| the list by the community school, the department shall report to | 21452 |
| the state department of education the number of students on the | 21453 |
| list who reside in each school district who were included in the | 21454 |
| department's report under section 3317.10 of the Revised Code. In | 21455 |
| complying with this division, the department of job and family | 21456 |
| services shall not report to the state department of education any | 21457 |
| personally identifiable information on any student. | 21458 |
| (L) The department of education shall adjust the amounts | 21459 |
| subtracted and paid under divisions (C) and (D) of this section to | 21460 |
| reflect any enrollment of students in community schools for less | 21461 |
| than the equivalent of a full school year. The state board of | 21462 |
| education within ninety days after April 8, 2003, shall adopt in | 21463 |
| accordance with Chapter 119. of the Revised Code rules governing | 21464 |
| the payments to community schools under this section including | 21465 |
| initial payments in a school year and adjustments and reductions | 21466 |
| made in subsequent periodic payments to community schools and | 21467 |
| corresponding deductions from school district accounts as provided | 21468 |
| under divisions (C) and (D) of this section. For purposes of this | 21469 |
| section: | 21470 |
| (1) A student shall be considered enrolled in the community | 21471 |
| school for any portion of the school year the student is | 21472 |
| participating at a college under Chapter 3365. of the Revised | 21473 |
| Code. | 21474 |
| (2) A student shall be considered to be enrolled in a | 21475 |
| community school during a school year for the period of time | 21476 |
| between the date on which the school both has received | 21477 |
| documentation of the student's enrollment from a parent and has | 21478 |
| commenced participation in learning opportunities as defined in | 21479 |
| the contract with the sponsor. For purposes of applying this | 21480 |
| division to a community school student, "learning opportunities" | 21481 |
| shall be defined in the contract, which shall describe both | 21482 |
| classroom-based and non-classroom-based learning opportunities and | 21483 |
| shall be in compliance with criteria and documentation | 21484 |
| requirements for student participation which shall be established | 21485 |
| by the department. Any student's instruction time in | 21486 |
| non-classroom-based learning opportunities shall be certified by | 21487 |
| an employee of the community school. A student's enrollment shall | 21488 |
| be considered to cease on the date on which any of the following | 21489 |
| occur: | 21490 |
| (a) The community school receives documentation from a parent | 21491 |
| terminating enrollment of the student. | 21492 |
| (b) The community school is provided documentation of a | 21493 |
| student's enrollment in another public or private school. | 21494 |
| (c) The community school ceases to offer learning | 21495 |
| opportunities to the student pursuant to the terms of the contract | 21496 |
| with the sponsor or the operation of any provision of this | 21497 |
| chapter. | 21498 |
| (3) A student's percentage of full-time equivalency shall be | 21499 |
| considered to be the percentage the hours of learning opportunity | 21500 |
| offered to that student is of nine hundred and twenty hours. | 21501 |
| (M) The department of education shall reduce the amounts paid | 21502 |
| under division (D) of this section to reflect payments made to | 21503 |
| colleges under division (B) of section 3365.07 of the Revised | 21504 |
| Code. | 21505 |
| (N)(1) No student shall be considered enrolled in any | 21506 |
| internet- or computer-based community school unless both of the | 21507 |
| following conditions are satisfied: | 21508 |
| (a) The student possesses or has been provided with all | 21509 |
| required hardware and software materials and all such materials | 21510 |
| are operational so that the student is capable of fully | 21511 |
| participating in the learning opportunities specified in the | 21512 |
| contract between the school and the school's sponsor as required | 21513 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 21514 |
| (b) The school is in compliance with division (A)(1) or (2) | 21515 |
| of section 3314.032 of the Revised Code, relative to such student. | 21516 |
| (2) In accordance with policies adopted jointly by the | 21517 |
| superintendent of public instruction and the auditor of state, the | 21518 |
| department shall reduce the amounts otherwise payable under | 21519 |
| division (D) of this section to any internet- or computer-based | 21520 |
| community school that includes in its program the provision of | 21521 |
| computer hardware and software materials to each student, if such | 21522 |
| hardware and software materials have not been delivered, | 21523 |
| installed, and activated for all students in a timely manner or | 21524 |
| other educational materials or services have not been provided | 21525 |
| according to the contract between the individual community school | 21526 |
| and its sponsor. | 21527 |
| The superintendent of public instruction and the auditor of | 21528 |
| state shall jointly establish a method for auditing any community | 21529 |
| school to which this division pertains to ensure compliance with | 21530 |
| this section. | 21531 |
| The superintendent, auditor of state, and the governor shall | 21532 |
| jointly make recommendations to the general assembly for | 21533 |
| legislative changes that may be required to assure fiscal and | 21534 |
| academic accountability for such internet- or computer-based | 21535 |
| schools. | 21536 |
| (O)(1) If the department determines that a review of a | 21537 |
| community school's enrollment is necessary, such review shall be | 21538 |
| completed and written notice of the findings shall be provided to | 21539 |
| the governing authority of the community school and its sponsor | 21540 |
| within ninety days of the end of the community school's fiscal | 21541 |
| year, unless extended for a period not to exceed thirty additional | 21542 |
| days for one of the following reasons: | 21543 |
| (a) The department and the community school mutually agree to | 21544 |
| the extension. | 21545 |
| (b) Delays in data submission caused by either a community | 21546 |
| school or its sponsor. | 21547 |
| (2) If the review results in a finding that additional | 21548 |
| funding is owed to the school, such payment shall be made within | 21549 |
| thirty days of the written notice. If the review results in a | 21550 |
| finding that the community school owes moneys to the state, the | 21551 |
| following procedure shall apply: | 21552 |
| (a) Within ten business days of the receipt of the notice of | 21553 |
| findings, the community school may appeal the department's | 21554 |
| determination to the state board of education or its designee. | 21555 |
| (b) The board or its designee shall conduct an informal | 21556 |
| hearing on the matter within thirty days of receipt of such an | 21557 |
| appeal and shall issue a decision within fifteen days of the | 21558 |
| conclusion of the hearing. | 21559 |
| (c) If the board has enlisted a designee to conduct the | 21560 |
| hearing, the designee shall certify its decision to the board. The | 21561 |
| board may accept the decision of the designee or may reject the | 21562 |
| decision of the designee and issue its own decision on the matter. | 21563 |
| (d) Any decision made by the board under this division is | 21564 |
| final. | 21565 |
| (3) If it is decided that the community school owes moneys to | 21566 |
| the state, the department shall deduct such amount from the | 21567 |
| school's future payments in accordance with guidelines issued by | 21568 |
| the superintendent of public instruction. | 21569 |
| Sec. 3314.13. (A) As used in this section: | 21570 |
| (1) "All-day kindergarten" has the same meaning as in section | 21571 |
| 3317.029 of the Revised Code. | 21572 |
| (2) "Formula amount" has the same meaning as in section | 21573 |
| 3317.02 of the Revised Code. | 21574 |
| (B) | 21575 |
| the department of education annually shall pay each community | 21576 |
| school established under this chapter one-half of the formula | 21577 |
| amount for each student to whom both of the following apply: | 21578 |
| (1) The student is entitled to attend school under section | 21579 |
| 3313.64 or 3313.65 of the Revised Code in a school district that | 21580 |
| is eligible to receive a payment under division (D) of section | 21581 |
| 3317.029 of the Revised Code if it provides all-day kindergarten; | 21582 |
| (2) The student is reported by the community school as | 21583 |
| enrolled in all-day kindergarten at the community school. | 21584 |
| (C) The department shall make no payments under this section | 21585 |
| to any internet- or computer-based community school. | 21586 |
| (D) If a student for whom payment is made under division (B) | 21587 |
| of this section is entitled to attend school in a district that | 21588 |
| receives any payment for all-day kindergarten under division (D) | 21589 |
| of section 3317.029 of the Revised Code, the department shall | 21590 |
| deduct the payment to the community school under this section from | 21591 |
| the amount paid that school district under that division. If that | 21592 |
| school district does not receive payment for all-day kindergarten | 21593 |
| under that division because it does not provide all-day | 21594 |
| kindergarten, the department shall pay the community school from | 21595 |
|
state
funds appropriated generally for | 21596 |
| 21597 |
| | 21598 |
| school districts and paid to community schools under this section | 21599 |
| to reflect any enrollments of students in all-day kindergarten in | 21600 |
| community schools for less than the equivalent of a full school | 21601 |
| year. | 21602 |
| Sec. 3314.29. (A) The department of education shall | 21603 |
| establish, maintain, and administer a self-insurance surety | 21604 |
| program for community schools established under this chapter for | 21605 |
| the purpose of paying surety claims. The program shall be owned | 21606 |
| proportionally by contributing schools. The following apply to the | 21607 |
| program: | 21608 |
| (1) Such funds shall be reserved as are necessary, in the | 21609 |
| exercise of sound and prudent actuarial judgment, to cover all | 21610 |
| surety claims not to exceed one million dollars per occurrence or | 21611 |
| three million dollars aggregate. The surety limit applicable to | 21612 |
| all participating schools shall be twenty-five million dollars. | 21613 |
| (2) The department shall establish, by rules adopted in | 21614 |
| accordance with Chapter 119. of the Revised Code, a fair, | 21615 |
| self-adjusting mechanism by which to determine the amount each | 21616 |
| participating school is required to contribute to the program. The | 21617 |
| determination shall be made on the basis of relative exposure and | 21618 |
| loss experience and shall take into account the size of the | 21619 |
| school's enrollment and its academic and financial performance. | 21620 |
| (3) The department shall obtain a surety bond from a bonding | 21621 |
| company or insurance company authorized to do business in this | 21622 |
| state to pay claims in excess of one million dollars per | 21623 |
| occurrence or three million dollars aggregate. | 21624 |
| (4) The aggregate fees paid to brokers in any year under the | 21625 |
| program shall not exceed three hundred thousand dollars. | 21626 |
| (B) All contributions received from participating schools | 21627 |
| pursuant to division (A)(2) of this section shall be deposited | 21628 |
| into the community school surety fund, which is hereby created. | 21629 |
| The fund shall be in the custody of the treasurer of state but not | 21630 |
| part of the state treasury. Money credited to the fund shall be | 21631 |
| used for the administration of the program, including the payment | 21632 |
| of claims, broker fees, and other actual and necessary expenses | 21633 |
| incurred by the department in carrying out the purposes of this | 21634 |
| section. | 21635 |
| The treasurer of state shall disburse money from the fund on | 21636 |
| order of the superintendent of public instruction, or the | 21637 |
| superintendent's designee. All investment earnings of the fund | 21638 |
| shall be credited to the fund. | 21639 |
| Sec. 3315.17. (A) The board of education of each city, | 21640 |
| exempted village, local, and joint vocational school district | 21641 |
| shall establish a textbook and instructional materials fund. Each | 21642 |
| board annually shall deposit into that fund an amount derived from | 21643 |
| revenues received by the district for operating expenses that is | 21644 |
| equal to three per cent of the formula amount for the preceding | 21645 |
| fiscal year, as defined in section 3317.02 of the Revised Code, or | 21646 |
| another percentage if established by the auditor of state under | 21647 |
| division (C) of this section, multiplied by the district's student | 21648 |
| population for the preceding fiscal year. Money in the fund shall | 21649 |
| be used solely for textbooks, instructional software, and | 21650 |
| instructional materials, supplies, and equipment. Any money in the | 21651 |
| fund that is not used in any fiscal year shall carry forward to | 21652 |
| the next fiscal year. | 21653 |
| (B)(1) Notwithstanding division (A) of this section, if in a | 21654 |
| fiscal year a district board deposits in the textbook and | 21655 |
| instructional materials fund an amount of money greater than the | 21656 |
| amount required to be deposited by this section or the rules | 21657 |
| adopted under division (C) of this section, the board may deduct | 21658 |
| the excess amount of money from the amount of money required to be | 21659 |
| deposited in succeeding fiscal years. | 21660 |
| (2) Notwithstanding division (A) of this section, in any year | 21661 |
| a district is in fiscal emergency status as declared pursuant to | 21662 |
| section 3316.03 of the Revised Code, the district may deposit an | 21663 |
| amount less than required by division (A) of this section, or make | 21664 |
| no deposit, into the district textbook and instructional materials | 21665 |
| fund for that year. | 21666 |
| (C) The state superintendent of public instruction and the | 21667 |
| auditor of state jointly shall adopt rules in accordance with | 21668 |
| Chapter 119. of the Revised Code defining what constitutes | 21669 |
| textbooks, instructional software, and instructional materials, | 21670 |
| supplies, and equipment for which money in a school district's | 21671 |
| textbook and instructional materials fund may be used. The auditor | 21672 |
| of state also may designate a percentage, other than three per | 21673 |
| cent, of the formula amount multiplied by the district's student | 21674 |
| population that must be deposited into the fund. | 21675 |
| (D) Notwithstanding division (A) of this section, a district | 21676 |
| board of education in any fiscal year may appropriate money in the | 21677 |
| district textbook and instructional materials fund for purposes | 21678 |
| other than those permitted by that division if both of the | 21679 |
| following occur during that fiscal year: | 21680 |
| (1) All of the following certify to the district board in | 21681 |
| writing that the district has sufficient textbooks, instructional | 21682 |
| software, and instructional materials, supplies, and equipment to | 21683 |
| ensure a thorough and efficient education within the district: | 21684 |
| (a) The district superintendent; | 21685 |
| (b) In districts required to have a business advisory | 21686 |
| council, a person designated by vote of the business advisory | 21687 |
| council; | 21688 |
| (c) If the district teachers are represented by an exclusive | 21689 |
| bargaining representative for purposes of Chapter 4117. of the | 21690 |
| Revised Code, the president of that organization or the | 21691 |
| president's designee. | 21692 |
| (2) The district board adopts, by unanimous vote of all | 21693 |
| members of the board, a resolution stating that the district has | 21694 |
| sufficient textbooks, instructional software, and instructional | 21695 |
| materials, supplies, and equipment to ensure a thorough and | 21696 |
| efficient education within the district. | 21697 |
| (E) Notwithstanding any provision to the contrary in Chapter | 21698 |
| 4117. of the Revised Code, the requirements of this section | 21699 |
| prevail over any conflicting provisions of agreements between | 21700 |
| employee organizations and public employers entered into on or | 21701 |
| after November 21, 1997. | 21702 |
| (F) As used in this section and in section 3315.18 of the | 21703 |
| Revised Code, "student population" means the average, daily, | 21704 |
| full-time-equivalent number of students in kindergarten through | 21705 |
| twelfth grade receiving any educational services from the school | 21706 |
| district during the first full school week in October, excluding | 21707 |
| students enrolled in adult education classes, but including all of | 21708 |
| the following: | 21709 |
| (1) Adjacent or other district students enrolled in the | 21710 |
| district under an open enrollment policy pursuant to section | 21711 |
| 3313.98 of the Revised Code; | 21712 |
| (2) Students receiving services in the district pursuant to a | 21713 |
| compact, cooperative education agreement, or a contract, but who | 21714 |
| are entitled to attend school in another district pursuant to | 21715 |
| section 3313.64 or 3313.65 of the Revised Code; | 21716 |
| (3) Students for whom tuition is payable pursuant to sections | 21717 |
| 3317.081 and 3323.141 of the Revised Code. | 21718 |
| The department of education shall determine a district's | 21719 |
| student population using data reported to it under section 3317.03 | 21720 |
| of the Revised Code for the applicable fiscal year. | 21721 |
| Sec. 3315.18. (A) The board of education of each city, | 21722 |
| exempted village, local, and joint vocational school district | 21723 |
| shall establish a capital and maintenance fund. Each board | 21724 |
| annually shall deposit into that fund an amount derived from | 21725 |
| revenues received by the district that would otherwise have been | 21726 |
| deposited in the general fund that is equal to three per cent of | 21727 |
| the formula amount for the preceding fiscal year, as defined in | 21728 |
| section 3317.02 of the Revised Code, or another percentage if | 21729 |
| established by the auditor of state under division (B) of this | 21730 |
| section, multiplied by the district's student population for the | 21731 |
| preceding fiscal year, except that money received from a permanent | 21732 |
| improvement levy authorized by section 5705.21 of the Revised Code | 21733 |
| may replace general revenue moneys in meeting the requirements of | 21734 |
| this section. Money in the fund shall be used solely for | 21735 |
| acquisition, replacement, enhancement, maintenance, or repair of | 21736 |
| permanent improvements, as that term is defined in section 5705.01 | 21737 |
| of the Revised Code. Any money in the fund that is not used in any | 21738 |
| fiscal year shall carry forward to the next fiscal year. | 21739 |
| (B) The state superintendent of public instruction and the | 21740 |
| auditor of state jointly shall adopt rules in accordance with | 21741 |
| Chapter 119. of the Revised Code defining what constitutes | 21742 |
| expenditures permitted by division (A) of this section. The | 21743 |
| auditor of state may designate a percentage, other than three per | 21744 |
| cent, of the formula amount multiplied by the district's student | 21745 |
| population that must be deposited into the fund. | 21746 |
| (C) Within its capital and maintenance fund, a school | 21747 |
| district board of education may establish a separate account | 21748 |
| solely for the purpose of depositing funds transferred from the | 21749 |
| district's reserve balance account established under former | 21750 |
|
division (H) of
section 5705.29 of the Revised Code. After
| 21751 |
| 21752 | |
| deposit all or part of the funds formerly included in such reserve | 21753 |
| balance account in the separate account established under this | 21754 |
| section. Funds deposited in this separate account and interest on | 21755 |
| such funds shall be utilized solely for the purpose of providing | 21756 |
| the district's portion of the basic project costs of any project | 21757 |
| undertaken in accordance with Chapter 3318. of the Revised Code. | 21758 |
| (D) Notwithstanding division (A) of this section, in any year | 21759 |
| a district is in fiscal emergency status as declared pursuant to | 21760 |
| section 3316.03 of the Revised Code, the district may deposit an | 21761 |
| amount less than required by division (A) of this section, or make | 21762 |
| no deposit, into the district capital and maintenance fund for | 21763 |
| that year. | 21764 |
| (E) Notwithstanding any provision to the contrary in Chapter | 21765 |
| 4117. of the Revised Code, the requirements of this section | 21766 |
| prevail over any conflicting provisions of agreements between | 21767 |
| employee organizations and public employers entered into after | 21768 |
| November 21, 1997. | 21769 |
| Sec. 3315.37. The board of education of a school district | 21770 |
| may establish a teacher education loan program and may expend | 21771 |
| school funds for the program. The program shall be for the purpose | 21772 |
| of making loans to students who are residents of the school | 21773 |
| district or graduates of schools in the school district, who are | 21774 |
| enrolled in teacher preparation programs at institutions approved | 21775 |
| by the state board pursuant to section 3319.23 of the Revised | 21776 |
| Code, and who indicate an intent to teach in the school district | 21777 |
| providing the loan. The district board may forgive the obligation | 21778 |
| to repay any or all of the principal and interest on the loan if | 21779 |
| the borrower teaches in that school district. | 21780 |
| The district board shall adopt rules establishing eligibility | 21781 |
| criteria, application procedures, procedures for review of | 21782 |
| applications, loan amounts, interest, repayment schedules, | 21783 |
| conditions under which principal and interest obligations incurred | 21784 |
| under the program will be forgiven, and any other matter | 21785 |
| incidental to the operation of the program. | 21786 |
| The board may contract with a private, nonprofit foundation, | 21787 |
| one or more institutions of higher education, or other educational | 21788 |
| agencies to administer the program. | 21789 |
| The receipt of a loan under this section does not affect a | 21790 |
| student's eligibility for assistance, or the amount of such | 21791 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 21792 |
| 3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised | 21793 |
| Code, but the board's rules may provide for taking such assistance | 21794 |
| into consideration when determining a student's eligibility for a | 21795 |
| loan under this section. | 21796 |
| Sec. 3316.043. Upon the approval by the superintendent of | 21797 |
| public instruction of an initial financial plan under section | 21798 |
| 3316.04 of the Revised Code or a financial recovery plan under | 21799 |
| section 3316.06 of the Revised Code, the board of education of the | 21800 |
| school district for which the plan was approved shall revise the | 21801 |
| district's five-year projection of revenues and expenditures in | 21802 |
| accordance with rules adopted under section 5705.391 of the | 21803 |
| Revised Code so that the five-year projection is consistent with | 21804 |
| the financial plan or financial recovery plan. In the case of a | 21805 |
| school district declared to be in a state of fiscal emergency, the | 21806 |
| five-year projection shall be revised by the financial planning | 21807 |
| and supervision commission for that district. | 21808 |
| Sec. 3316.06. (A) Within one hundred twenty days after the | 21809 |
| first meeting of a school district financial planning and | 21810 |
| supervision commission, the commission shall adopt a financial | 21811 |
| recovery plan regarding the school district for which the | 21812 |
| commission was created. During the formulation of the plan, the | 21813 |
| commission shall seek appropriate input from the school district | 21814 |
| board and from the community. This plan shall contain the | 21815 |
| following: | 21816 |
| (1) Actions to be taken to: | 21817 |
| (a) Eliminate all fiscal emergency conditions declared to | 21818 |
| exist pursuant to division (B) of section 3316.03 of the Revised | 21819 |
| Code; | 21820 |
| (b) Satisfy any judgments, past-due accounts payable, and all | 21821 |
| past-due and payable payroll and fringe benefits; | 21822 |
| (c) Eliminate the deficits in all deficit funds, except that | 21823 |
| any prior year deficits in the textbook and instructional | 21824 |
| materials fund established pursuant to section 3315.17 of the | 21825 |
| Revised Code and the capital and maintenance fund established | 21826 |
| pursuant to section 3315.18 of the Revised Code shall be forgiven; | 21827 |
| (d) Restore to special funds any moneys from such funds that | 21828 |
| were used for purposes not within the purposes of such funds, or | 21829 |
| borrowed from such funds by the purchase of debt obligations of | 21830 |
| the school district with the moneys of such funds, or missing from | 21831 |
| the special funds and not accounted for, if any; | 21832 |
| (e) Balance the budget, avoid future deficits in any funds, | 21833 |
| and maintain on a current basis payments of payroll, fringe | 21834 |
| benefits, and all accounts; | 21835 |
| (f) Avoid any fiscal emergency condition in the future; | 21836 |
| (g) Restore the ability of the school district to market | 21837 |
| long-term general obligation bonds under provisions of law | 21838 |
| applicable to school districts generally. | 21839 |
| (2) The management structure that will enable the school | 21840 |
| district to take the actions enumerated in division (A)(1) of this | 21841 |
| section. The plan shall specify the level of fiscal and management | 21842 |
| control that the commission will exercise within the school | 21843 |
| district during the period of fiscal emergency, and shall | 21844 |
| enumerate respectively, the powers and duties of the commission | 21845 |
| and the powers and duties of the school board during that period. | 21846 |
| The commission may elect to assume any of the powers and duties of | 21847 |
| the school board it considers necessary, including all powers | 21848 |
| related to personnel, curriculum, and legal issues in order to | 21849 |
| successfully implement the actions described in division (A)(1) of | 21850 |
| this section. | 21851 |
| (3) The target dates for the commencement, progress upon, and | 21852 |
| completion of the actions enumerated in division (A)(1) of this | 21853 |
| section and a reasonable period of time expected to be required to | 21854 |
| implement the plan. The commission shall prepare a reasonable time | 21855 |
| schedule for progress toward and achievement of the requirements | 21856 |
| for the plan, and the plan shall be consistent with that time | 21857 |
| schedule. | 21858 |
| (4) The amount and purpose of any issue of debt obligations | 21859 |
| that will be issued, together with assurances that any such debt | 21860 |
| obligations that will be issued will not exceed debt limits | 21861 |
| supported by appropriate certifications by the fiscal officer of | 21862 |
| the school district and the county auditor. Debt obligations | 21863 |
| issued pursuant to section 133.301 of the Revised Code shall | 21864 |
| include assurances that such debt shall be in an amount not to | 21865 |
| exceed the amount certified under division (B) of such section. If | 21866 |
| the commission considers it necessary in order to maintain or | 21867 |
| improve educational opportunities of pupils in the school | 21868 |
| district, the plan may include a proposal to restructure or | 21869 |
| refinance outstanding debt obligations incurred by the board under | 21870 |
| section 3313.483 of the Revised Code contingent upon the approval, | 21871 |
| during the period of the fiscal emergency, by district voters of a | 21872 |
| tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 21873 |
| 5748.02, or 5748.08 of the Revised Code, that is not a renewal or | 21874 |
| replacement levy and that will provide new operating revenue. | 21875 |
| Notwithstanding any provision of Chapter 133. or sections 3313.483 | 21876 |
| to 3313.4811 of the Revised Code, following the required approval | 21877 |
| of the district voters and with the approval of the commission, | 21878 |
| the school district may issue securities to evidence the | 21879 |
| restructuring or refinancing. Those securities may extend the | 21880 |
| original period for repayment, not to exceed ten years, and may | 21881 |
| alter the frequency and amount of repayments, interest or other | 21882 |
| financing charges, and other terms of agreements under which the | 21883 |
| debt originally was contracted, at the discretion of the | 21884 |
| commission, provided that any loans received pursuant to section | 21885 |
| 3313.483 of the Revised Code shall be paid from funds the district | 21886 |
| would otherwise receive under sections 3317.022 to 3317.025 of the | 21887 |
| Revised Code, as required under division (E)(3) of section | 21888 |
| 3313.483 of the Revised Code. The securities issued for the | 21889 |
| purpose of restructuring or refinancing the debt shall be repaid | 21890 |
| in equal payments and at equal intervals over the term of the debt | 21891 |
| and are not eligible to be included in any subsequent proposal for | 21892 |
| the purpose of restructuring or refinancing debt under this | 21893 |
| section. | 21894 |
| (B) Any financial recovery plan may be amended subsequent to | 21895 |
| its adoption. Each financial recovery plan shall be updated | 21896 |
| annually. | 21897 |
| (C) Each school district financial planning and supervision | 21898 |
| commission shall submit the financial recovery plan it adopts or | 21899 |
| updates under this section to the state superintendent of public | 21900 |
| instruction for approval immediately following its adoption or | 21901 |
| updating. The state superintendent shall evaluate the plan and | 21902 |
| either approve or disapprove it within thirty calendar days from | 21903 |
| the date of its submission. If the plan is disapproved, the state | 21904 |
| superintendent shall recommend modifications that will render it | 21905 |
| acceptable. No financial planning and supervision commission shall | 21906 |
| implement a financial recovery plan that is adopted or updated on | 21907 |
| or after
| 21908 |
| unless the state superintendent has approved it. | 21909 |
| Sec. 3316.16. (A) A school district financial planning and | 21910 |
| supervision commission, with respect to its functions under this | 21911 |
| chapter, shall continue in existence until such time as a | 21912 |
| determination is made under division (B) of this section that all | 21913 |
| of the following have occurred: | 21914 |
| (1) An effective financial accounting and reporting system in | 21915 |
| accordance with section 3316.10 of the Revised Code is in the | 21916 |
| process of being implemented, and it is reasonably expected that | 21917 |
| this implementation will be completed within two years. | 21918 |
| (2) All of the fiscal emergency conditions determined | 21919 |
| pursuant to division (B) of section 3316.03 of the Revised Code | 21920 |
| have been corrected or eliminated, and no new fiscal emergency | 21921 |
| conditions have occurred. | 21922 |
| (3) The objectives of the financial recovery plan described | 21923 |
| in section 3316.06 of the Revised Code are being met. | 21924 |
| (4) The school district board has prepared a financial | 21925 |
| forecast for a five-year period in accordance with the standards | 21926 |
| issued by the auditor of state and an opinion has been rendered by | 21927 |
| the auditor of state that the financial forecast is considered to | 21928 |
| be nonadverse. The forecast shall display the district's projected | 21929 |
| compliance with sections 3315.17 and 3315.18 of the Revised Code | 21930 |
| beginning in the year the commission is proposed for termination. | 21931 |
| (B) The determination that all conditions listed in division | 21932 |
| (A) of this section for the termination of the existence of the | 21933 |
| commission and its functions exist may be made either by the | 21934 |
| auditor of state or by the commission and shall be certified to | 21935 |
| the commission, the auditor of state, the governor, the director | 21936 |
| of budget and management, and the budget commission, whereupon | 21937 |
| such commission and its functions under this chapter shall | 21938 |
| terminate. This determination shall be made by the auditor of | 21939 |
| state upon the filing with the auditor of state of a written | 21940 |
| request for such a determination by the school district board, the | 21941 |
| governor, or the commission, or may be made by the auditor of | 21942 |
| state upon the auditor of state's own initiative. | 21943 |
| (C) The commission shall prepare and submit at the time of | 21944 |
| such certification a final report of its activities, in such form | 21945 |
| as is appropriate for the purpose of providing a record of its | 21946 |
| activities and assisting other commissions created under this | 21947 |
| chapter in the conduct of their functions. All of the books and | 21948 |
| records of the commission shall be delivered to the auditor of | 21949 |
| state for retention and safekeeping. | 21950 |
| (D) Upon receipt of the certification provided for in | 21951 |
| division (B) of this section, the director of budget and | 21952 |
| management shall follow the procedures set forth in section 126.29 | 21953 |
| of the Revised Code. | 21954 |
| (E) If, at the time of termination of the commission, an | 21955 |
| effective financial accounting and reporting system has not been | 21956 |
| fully implemented, the auditor of state shall monitor the progress | 21957 |
| of implementation and shall exercise authority under this section | 21958 |
| and Chapter 117. of the Revised Code to secure full implementation | 21959 |
| at the earliest time feasible but within two years after such | 21960 |
| termination. | 21961 |
| Sec. 3317.01. As used in this section and section 3317.011 | 21962 |
| of the Revised Code, "school district," unless otherwise | 21963 |
| specified, means any city, local, exempted village, joint | 21964 |
| vocational, or cooperative education school district and any | 21965 |
| educational service center. | 21966 |
| This chapter shall be administered by the state board of | 21967 |
| education. The superintendent of public instruction shall | 21968 |
| calculate the amounts payable to each school district and shall | 21969 |
| certify the amounts payable to each eligible district to the | 21970 |
| treasurer of the district as provided by this chapter. No moneys | 21971 |
| shall be distributed pursuant to this chapter without the approval | 21972 |
| of the controlling board. | 21973 |
| The state board of education shall, in accordance with | 21974 |
| appropriations made by the general assembly, meet the financial | 21975 |
| obligations of this chapter. | 21976 |
| Annually, the department of education shall calculate and | 21977 |
| report to each school district the district's total state and | 21978 |
| local funds for providing an adequate basic education to the | 21979 |
| district's nonhandicapped students, utilizing the determination in | 21980 |
| section 3317.012 of the Revised Code. In addition, the department | 21981 |
| shall calculate and report separately for each school district the | 21982 |
| district's total state and local funds for providing an adequate | 21983 |
| education for its handicapped students, utilizing the | 21984 |
| determinations in both sections 3317.012 and 3317.013 of the | 21985 |
| Revised Code. | 21986 |
| Not later than the thirty-first day of August of each fiscal | 21987 |
| year, the department of education shall provide to each school | 21988 |
| district and county MR/DD board a preliminary estimate of the | 21989 |
| amount of funding that the department calculates the district will | 21990 |
| receive under each of divisions (C)(1) and (4) of section 3317.022 | 21991 |
| of the Revised Code. No later than the first day of December of | 21992 |
| each fiscal year, the department shall update that preliminary | 21993 |
| estimate. | 21994 |
| Moneys distributed pursuant to this chapter shall be | 21995 |
| calculated and paid on a fiscal year basis, beginning with the | 21996 |
| first day of July and extending through the thirtieth day of June. | 21997 |
| The moneys appropriated for each fiscal year shall be distributed | 21998 |
| at least monthly to each school district unless otherwise provided | 21999 |
| for. The state board shall submit a yearly distribution plan to | 22000 |
| the controlling board at its first meeting in July. The state | 22001 |
| board shall submit any proposed midyear revision of the plan to | 22002 |
| the controlling board in January. Any year-end revision of the | 22003 |
| plan shall be submitted to the controlling board in June. If | 22004 |
| moneys appropriated for each fiscal year are distributed other | 22005 |
| than monthly, such distribution shall be on the same basis for | 22006 |
| each school district. | 22007 |
| The total amounts paid each month shall constitute, as nearly | 22008 |
| as possible, one-twelfth of the total amount payable for the | 22009 |
|
entire year. | 22010 |
| Until fiscal year 2007, payments made during the first six | 22011 |
| months of the fiscal year may be based on an estimate of the | 22012 |
| amounts payable for the entire year. Payments made in the last six | 22013 |
| months shall be based on the final calculation of the amounts | 22014 |
| payable to each school district for that fiscal year. Payments | 22015 |
| made in the last six months may be adjusted, if necessary, to | 22016 |
| correct the amounts distributed in the first six months, and to | 22017 |
| reflect enrollment increases when such are at least three per | 22018 |
|
cent. | 22019 |
| Beginning in fiscal year 2007, payments shall be calculated | 22020 |
| to reflect the biannual reporting of formula ADM. Payments for | 22021 |
| July through December shall be based on the formula ADM, special | 22022 |
| education ADM, and vocational education ADM certified in the | 22023 |
| spring of the previous fiscal year, and payments for January | 22024 |
| through June shall be based on formula ADM, special education ADM, | 22025 |
| and vocational education ADM certified in October of the current | 22026 |
| fiscal year. | 22027 |
| Except as otherwise provided, payments under this chapter | 22028 |
| shall be made only to those school districts in which: | 22029 |
| (A) The school district, except for any educational service | 22030 |
| center and any joint vocational or cooperative education school | 22031 |
| district, levies for current operating expenses at least twenty | 22032 |
| mills. Levies for joint vocational or cooperative education school | 22033 |
| districts or county school financing districts, limited to or to | 22034 |
| the extent apportioned to current expenses, shall be included in | 22035 |
| this qualification requirement. School district income tax levies | 22036 |
| under Chapter 5748. of the Revised Code, limited to or to the | 22037 |
| extent apportioned to current operating expenses, shall be | 22038 |
| included in this qualification requirement to the extent | 22039 |
| determined by the tax commissioner under division (D) of section | 22040 |
| 3317.021 of the Revised Code. | 22041 |
| (B) The school year next preceding the fiscal year for which | 22042 |
| such payments are authorized meets the requirement of section | 22043 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 22044 |
| minimum number of days or hours school must be open for | 22045 |
| instruction with pupils in attendance, for individualized | 22046 |
| parent-teacher conference and reporting periods, and for | 22047 |
| professional meetings of teachers. This requirement shall be | 22048 |
| waived by the superintendent of public instruction if it had been | 22049 |
| necessary for a school to be closed because of disease epidemic, | 22050 |
| hazardous weather conditions, inoperability of school buses or | 22051 |
| other equipment necessary to the school's operation, damage to a | 22052 |
| school building, or other temporary circumstances due to utility | 22053 |
| failure rendering the school building unfit for school use, | 22054 |
| provided that for those school districts operating pursuant to | 22055 |
| section 3313.48 of the Revised Code the number of days the school | 22056 |
| was actually open for instruction with pupils in attendance and | 22057 |
| for individualized parent-teacher conference and reporting periods | 22058 |
| is not less than one hundred seventy-five, or for those school | 22059 |
| districts operating on a trimester plan the number of days the | 22060 |
| school was actually open for instruction with pupils in attendance | 22061 |
| not less than seventy-nine days in any trimester, for those school | 22062 |
| districts operating on a quarterly plan the number of days the | 22063 |
| school was actually open for instruction with pupils in attendance | 22064 |
| not less than fifty-nine days in any quarter, or for those school | 22065 |
| districts operating on a pentamester plan the number of days the | 22066 |
| school was actually open for instruction with pupils in attendance | 22067 |
| not less than forty-four days in any pentamester. | 22068 |
| A school district shall not be considered to have failed to | 22069 |
| comply with this division or section 3313.481 of the Revised Code | 22070 |
| because schools were open for instruction but either twelfth grade | 22071 |
| students were excused from attendance for up to three days or only | 22072 |
| a portion of the kindergarten students were in attendance for up | 22073 |
| to three days in order to allow for the gradual orientation to | 22074 |
| school of such students. | 22075 |
| The superintendent of public instruction shall waive the | 22076 |
| requirements of this section with reference to the minimum number | 22077 |
| of days or hours school must be in session with pupils in | 22078 |
| attendance for the school year succeeding the school year in which | 22079 |
| a board of education initiates a plan of operation pursuant to | 22080 |
| section 3313.481 of the Revised Code. The minimum requirements of | 22081 |
| this section shall again be applicable to such a district | 22082 |
| beginning with the school year commencing the second July | 22083 |
| succeeding the initiation of one such plan, and for each school | 22084 |
| year thereafter. | 22085 |
| A school district shall not be considered to have failed to | 22086 |
| comply with this division or section 3313.48 or 3313.481 of the | 22087 |
| Revised Code because schools were open for instruction but the | 22088 |
| length of the regularly scheduled school day, for any number of | 22089 |
| days during the school year, was reduced by not more than two | 22090 |
| hours due to hazardous weather conditions. | 22091 |
| (C) The school district has on file, and is paying in | 22092 |
| accordance with, a teachers' salary schedule which complies with | 22093 |
| section 3317.13 of the Revised Code. | 22094 |
| A board of education or governing board of an educational | 22095 |
| service center which has not conformed with other law and the | 22096 |
| rules pursuant thereto, shall not participate in the distribution | 22097 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 22098 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 22099 |
| and sufficient reason established to the satisfaction of the state | 22100 |
| board of education and the state controlling board. | 22101 |
| All funds allocated to school districts under this chapter, | 22102 |
| except those specifically allocated for other purposes, shall be | 22103 |
| used to pay current operating expenses only. | 22104 |
| Sec. 3317.012. (A)(1) The general assembly, having analyzed | 22105 |
| school district expenditure and cost data for fiscal year 1999, | 22106 |
|
performed the calculation described in division
| 22107 |
| section, adjusted the results for inflation, and added the amounts | 22108 |
| described in division (A)(2) of this section, hereby determines | 22109 |
| that the base cost of an adequate education per pupil for the | 22110 |
| fiscal year beginning July 1, 2001, is $4,814. The base cost per | 22111 |
| pupil, reflecting an annual rate of inflation of two and | 22112 |
| eight-tenths per cent, is $4,949 for fiscal year 2003. The base | 22113 |
| cost per pupil, reflecting an annual rate of inflation of two and | 22114 |
| two-tenths per cent, is $5,058 for fiscal year
2004
| 22115 |
| for fiscal year 2005, $5,283 in fiscal year 2006, and $5,399 in | 22116 |
| fiscal year 2007. | 22117 |
| (2) The base cost per pupil amounts specified in division | 22118 |
| (A)(1) of this section include amounts to reflect the cost to | 22119 |
| school districts of increasing the minimum number of high school | 22120 |
| academic units required for graduation beginning September 15, | 22121 |
| 2001, under section 3313.603 of the Revised Code. Analysis of | 22122 |
| fiscal year 1999 data revealed that the school districts meeting | 22123 |
|
the requirements of division | 22124 |
| required high school students to complete a minimum of nineteen | 22125 |
| and eight-tenths units to graduate. The general assembly | 22126 |
| determines that the cost of funding the additional two-tenths unit | 22127 |
| required by section 3313.603 of the Revised Code is $12 per pupil | 22128 |
| in fiscal year 2002. This amount was added after the calculation | 22129 |
|
described in division | 22130 |
| for inflation from fiscal year 1999 to fiscal year 2002. It is | 22131 |
| this total amount, the calculated base cost plus the supplement to | 22132 |
| pay for the additional partial unit, that constitutes the base | 22133 |
| cost amount specified in division (A)(1) of this section for | 22134 |
| fiscal year 2002 and that is inflated to produce the base cost | 22135 |
| amounts for fiscal years 2003 through 2005. | 22136 |
| (B) In addition, to the per-pupil base cost as determined | 22137 |
| under division (A) of this section, the general assembly | 22138 |
| determines that the following base funding supplements shall be | 22139 |
| paid to school districts in fiscal year 2007: | 22140 |
| (1) Base funding for academic intervention services, | 22141 |
| calculated according to the following formula: | 22142 |
| 22143 |
| Where "multiple" equals 0.50 in fiscal year 2007. | 22144 |
| (2) Base funding for professional development, calculated | 22145 |
| according to the following formula: | 22146 |
| 22147 |
| Where "multiple" equals 0.50 in fiscal year 2007. | 22148 |
| (3) Base funding for data-based decision making, calculated | 22149 |
| according to the following formula: | 22150 |
| 22151 |
| (4) Base funding for professional development regarding | 22152 |
| data-based decision making, calculated according to the following | 22153 |
| formula: | 22154 |
| 22155 |
| 22156 |
| 22157 |
| Where: | 22158 |
| (a) For each urban school district, as defined in section | 22159 |
| 3314.02 of the Revised Code, the district's "teacher factor" is | 22160 |
| the district's formula ADM divided by twelve; | 22161 |
| (b) For every other school district, the district's "teacher | 22162 |
| factor" is the district's formula ADM divided by seventeen; | 22163 |
| (c) For all school districts, a district's "principal factor" | 22164 |
| is the district's teacher factor divided by twenty. | 22165 |
| (C) In determining the base cost stated in division (A) of | 22166 |
| this section, capital and debt costs, costs paid for by federal | 22167 |
| funds, and costs covered by funds provided for disadvantaged pupil | 22168 |
| impact aid and transportation were excluded, as were the effects | 22169 |
| on the districts' state funds of the application of the | 22170 |
| cost-of-doing-business factors, assuming a seven and one-half per | 22171 |
| cent variance. | 22172 |
| The base cost for fiscal year 1999 was calculated as the | 22173 |
| unweighted average cost per student, on a school district basis, | 22174 |
| of educating students who were not receiving vocational education | 22175 |
| or services pursuant to Chapter 3323. of the Revised Code and who | 22176 |
| were enrolled in a city, exempted village, or local school | 22177 |
| district that in fiscal year 1999 met all of the following | 22178 |
| criteria: | 22179 |
| (1) The district met at least twenty of the following | 22180 |
| twenty-seven performance indicators: | 22181 |
| (a) A ninety per cent or higher graduation rate; | 22182 |
| (b) At least seventy-five per cent of fourth graders | 22183 |
| proficient on the mathematics test prescribed under former | 22184 |
| division (A)(1) of section 3301.0710 of the Revised Code; | 22185 |
| (c) At least seventy-five per cent of fourth graders | 22186 |
| proficient on the reading test prescribed under former division | 22187 |
| (A)(1) of section 3301.0710 of the Revised Code; | 22188 |
| (d) At least seventy-five per cent of fourth graders | 22189 |
| proficient on the writing test prescribed under former division | 22190 |
| (A)(1) of section 3301.0710 of the Revised Code; | 22191 |
| (e) At least seventy-five per cent of fourth graders | 22192 |
| proficient on the citizenship test prescribed under former | 22193 |
| division (A)(1) of section 3301.0710 of the Revised Code; | 22194 |
| (f) At least seventy-five per cent of fourth graders | 22195 |
| proficient on the science test prescribed under former division | 22196 |
| (A)(1) of section 3301.0710 of the Revised Code; | 22197 |
| (g) At least seventy-five per cent of sixth graders | 22198 |
| proficient on the mathematics test prescribed under former | 22199 |
| division (A)(2) of section 3301.0710 of the Revised Code; | 22200 |
| (h) At least seventy-five per cent of sixth graders | 22201 |
| proficient on the reading test prescribed under former division | 22202 |
| (A)(2) of section 3301.0710 of the Revised Code; | 22203 |
| (i) At least seventy-five per cent of sixth graders | 22204 |
| proficient on the writing test prescribed under former division | 22205 |
| (A)(2) of section 3301.0710 of the Revised Code; | 22206 |
| (j) At least seventy-five per cent of sixth graders | 22207 |
| proficient on the citizenship test prescribed under former | 22208 |
| division (A)(2) of section 3301.0710 of the Revised Code; | 22209 |
| (k) At least seventy-five per cent of sixth graders | 22210 |
| proficient on the science test prescribed under former division | 22211 |
| (A)(2) of section 3301.0710 of the Revised Code; | 22212 |
| (l) At least seventy-five per cent of ninth graders | 22213 |
| proficient on the mathematics test prescribed under Section 4 of | 22214 |
| Am. Sub. S.B. 55 of the 122nd general assembly; | 22215 |
| (m) At least seventy-five per cent of ninth graders | 22216 |
| proficient on the reading test prescribed under Section 4 of Am. | 22217 |
| Sub. S.B. 55 of the 122nd general assembly; | 22218 |
| (n) At least seventy-five per cent of ninth graders | 22219 |
| proficient on the writing test prescribed under Section 4 of Am. | 22220 |
| Sub. S.B. 55 of the 122nd general assembly; | 22221 |
| (o) At least seventy-five per cent of ninth graders | 22222 |
| proficient on the citizenship test prescribed under Section 4 of | 22223 |
| Am. Sub. S.B. 55 of the 122nd general assembly; | 22224 |
| (p) At least seventy-five per cent of ninth graders | 22225 |
| proficient on the science test prescribed under Section 4 of Am. | 22226 |
| Sub. S.B. 55 of the 122nd general assembly; | 22227 |
| (q) At least eighty-five per cent of tenth graders proficient | 22228 |
| on the mathematics test prescribed under Section 4 of Am. Sub. | 22229 |
| S.B. 55 of the 122nd general assembly; | 22230 |
| (r) At least eighty-five per cent of tenth graders proficient | 22231 |
| on the reading test prescribed under Section 4 of Am. Sub. S.B. 55 | 22232 |
| of the 122nd general assembly; | 22233 |
| (s) At least eighty-five per cent of tenth graders proficient | 22234 |
| on the writing test prescribed under Section 4 of Am. Sub. S.B. 55 | 22235 |
| of the 122nd general assembly; | 22236 |
| (t) At least eighty-five per cent of tenth graders proficient | 22237 |
| on the citizenship test prescribed under Section 4 of Am. Sub. | 22238 |
| S.B. 55 of the 122nd general assembly; | 22239 |
| (u) At least eighty-five per cent of tenth graders proficient | 22240 |
| on the science test prescribed under Section 4 of Am. Sub. S.B. 55 | 22241 |
| of the 122nd general assembly; | 22242 |
| (v) At least sixty per cent of twelfth graders proficient on | 22243 |
| the mathematics test prescribed under former division (A)(3) of | 22244 |
| section 3301.0710 of the Revised Code; | 22245 |
| (w) At least sixty per cent of twelfth graders proficient on | 22246 |
| the reading test prescribed under former division (A)(3) of | 22247 |
| section 3301.0710 of the Revised Code; | 22248 |
| (x) At least sixty per cent of twelfth graders proficient on | 22249 |
| the writing test prescribed under former division (A)(3) of | 22250 |
| section 3301.0710 of the Revised Code; | 22251 |
| (y) At least sixty per cent of twelfth graders proficient on | 22252 |
| the citizenship test prescribed under former division (A)(3) of | 22253 |
| section 3301.0710 of the Revised Code; | 22254 |
| (z) At least sixty per cent of twelfth graders proficient on | 22255 |
| the science test prescribed under former division (A)(3) of | 22256 |
| section 3301.0710 of the Revised Code; | 22257 |
| (aa) An attendance rate for the year of at least ninety-three | 22258 |
| per cent. | 22259 |
| In determining whether a school district met any of the | 22260 |
|
performance standards specified in divisions | 22261 |
| of this section, the general assembly used a rounding procedure | 22262 |
| previously recommended by the department of education. It is the | 22263 |
| same rounding procedure the general assembly used in 1998 to | 22264 |
| determine whether a district had met the standards of former | 22265 |
|
divisions | 22266 |
| constructing the previous model based on fiscal year 1996 data. | 22267 |
| (2) The district was not among the five per cent of all | 22268 |
| districts with the highest income, nor among the five per cent of | 22269 |
| all districts with the lowest income. | 22270 |
| (3) The district was not among the five per cent of all | 22271 |
| districts with the highest valuation per pupil, nor among the five | 22272 |
| per cent of all districts with the lowest valuation per pupil. | 22273 |
| This model for calculating the base cost of an adequate | 22274 |
| education is expenditure-based. The general assembly recognizes | 22275 |
| that increases in state funding to school districts since fiscal | 22276 |
| year 1996, the fiscal year upon which the general assembly based | 22277 |
| its model for calculating state funding to school districts for | 22278 |
| fiscal years 1999 through 2001, has increased school district base | 22279 |
| cost expenditures for fiscal year 1999, the fiscal year upon which | 22280 |
| the general assembly based its model for calculating state funding | 22281 |
| for fiscal years 2002 through 2005. In the case of school | 22282 |
| districts included in the fiscal year 1999 model that also had met | 22283 |
| the fiscal year 1996 performance criteria of former division | 22284 |
| 22285 | |
| driven the districts' expenditures beyond the expenditures that | 22286 |
| were actually needed to maintain their educational programs at the | 22287 |
| level necessary to maintain their ability to meet the fiscal year | 22288 |
|
1999 performance criteria of current division | 22289 |
| section. The general assembly has determined to control for this | 22290 |
| effect by stipulating in the later model that the fiscal year 1999 | 22291 |
| base cost expenditures of the districts that also met the | 22292 |
|
performance criteria of former division | 22293 |
| equals their base cost expenditures per pupil for fiscal year | 22294 |
| 1996, inflated to fiscal year 1999 using an annual rate of | 22295 |
| inflation of two and eight-tenths per cent. However, if this | 22296 |
| inflated amount exceeded the district's actual fiscal year 1999 | 22297 |
| base cost expenditures per pupil, the district's actual fiscal | 22298 |
| year 1999 base cost expenditures per pupil were used in the | 22299 |
| calculation. For districts in the 1999 model that did not also | 22300 |
|
meet the performance criteria of former division | 22301 |
| section, the actual 1999 base cost per pupil expenditures were | 22302 |
| used in the calculation of the average district per pupil costs of | 22303 |
| the model districts. | 22304 |
| Sec. 3317.013. This section does not apply to handicapped | 22305 |
| preschool students. | 22306 |
| Analysis of special education cost data has resulted in a | 22307 |
| finding that the average special education additional cost per | 22308 |
| pupil, including the costs of related services, can be expressed | 22309 |
| as a multiple of the base cost per pupil calculated under section | 22310 |
| 3317.012 of the Revised Code. The multiples for the following | 22311 |
| categories of special education programs, as these programs are | 22312 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 22313 |
| adjusted as provided in this section, are as follows: | 22314 |
| (A) A multiple of 0.2892 for students whose primary or only | 22315 |
| identified handicap is a speech and language handicap, as this | 22316 |
| term is defined pursuant to Chapter 3323. of the Revised Code; | 22317 |
| (B) A multiple of 0.3691 for students identified as specific | 22318 |
| learning disabled or developmentally handicapped, as these terms | 22319 |
| are defined pursuant to Chapter 3323. of the Revised Code, or | 22320 |
| other health handicapped-minor; | 22321 |
| (C) A multiple of 1.7695 for students identified as hearing | 22322 |
| handicapped, vision impaired, or severe behavior handicapped, as | 22323 |
| these terms are defined pursuant to Chapter 3323. of the Revised | 22324 |
| Code; | 22325 |
| (D) A multiple of 2.3646 for students identified as | 22326 |
| orthopedically handicapped, as this term is defined pursuant to | 22327 |
| Chapter 3323. of the Revised Code or other health handicapped - | 22328 |
| major; | 22329 |
| (E) A multiple of 3.1129 for students identified as | 22330 |
| multihandicapped, as this term is defined pursuant to Chapter | 22331 |
| 3323. of the Revised Code; | 22332 |
| (F) A multiple of 4.7342 for students identified as autistic, | 22333 |
| having traumatic brain injuries, or as both visually and hearing | 22334 |
| disabled, as these terms are defined pursuant to Chapter 3323. of | 22335 |
| the Revised Code. | 22336 |
| In fiscal year 2004, the multiples specified in divisions (A) | 22337 |
| to (F) of this section shall be adjusted by multiplying them by | 22338 |
| 0.88. In fiscal | 22339 |
| specified in those divisions shall be adjusted by multiplying them | 22340 |
| by 0.90. | 22341 |
| Not later than the thirtieth day of May | 22342 |
| 22343 | |
| office of budget and management a report that specifies for each | 22344 |
| city, local, exempted village, and joint vocational school | 22345 |
| district the fiscal year allocation of the state and local shares | 22346 |
| of special education and related services additional weighted | 22347 |
| funding and federal special education funds passed through to the | 22348 |
| district. | 22349 |
| Sec. 3317.02. As used in this chapter: | 22350 |
| (A) Unless otherwise specified, "school district" means city, | 22351 |
| local, and exempted village school districts. | 22352 |
| (B) "Formula amount" means the base cost for the fiscal year | 22353 |
| specified in division (A)(1) of section 3317.012 of the Revised | 22354 |
| Code. | 22355 |
| (C) "FTE basis" means a count of students based on full-time | 22356 |
| equivalency, in accordance with rules adopted by the department of | 22357 |
| education pursuant to section 3317.03 of the Revised Code. In | 22358 |
| adopting its rules under this division, the department shall | 22359 |
| provide for counting any student in category one, two, three, | 22360 |
| four, five, or six special education ADM or in category one or two | 22361 |
| vocational education ADM in the same proportion the student is | 22362 |
| counted in formula ADM. | 22363 |
| (D) | 22364 |
| village school district, the number reported pursuant to division | 22365 |
| (A) of section 3317.03 of the Revised Code less any subtraction | 22366 |
| required under section 3317.034 of the Revised Code, and for a | 22367 |
| joint vocational school district, the number reported pursuant to | 22368 |
|
division
(D) of | 22369 |
| subtraction required under section 3317.034 of the Revised Code. | 22370 |
| (2) "Adjusted formula ADM" for a city, local, or exempted | 22371 |
| village school district means the sum of formula ADM plus the | 22372 |
| number of internet- or computer-based community school students | 22373 |
| reported under division (B)(3)(e) of section 3317.03 of the | 22374 |
| Revised Code plus the number of scholarship students reported | 22375 |
| under division (B)(3)(f) of that section. | 22376 |
| (E) "Three-year average formula ADM" means the average of | 22377 |
| formula ADMs for the current and preceding two fiscal years. | 22378 |
| 22379 | |
| 22380 | |
| 22381 | |
| 22382 | |
| 22383 | |
| 22384 | |
| 22385 | |
| 22386 | |
| 22387 |
| | 22388 |
| 22389 | |
| 22390 | |
| 22391 | |
| 22392 |
| | 22393 |
| 22394 |
| | 22395 |
| 22396 |
| | 22397 |
| 22398 |
| | 22399 |
| 22400 | |
| 22401 | |
| 22402 | |
| 22403 | |
| 22404 |
| | 22405 |
| 22406 | |
| 22407 | |
| 22408 |
| (F)(1) "Category one special education ADM" means the average | 22409 |
| daily membership of handicapped children receiving special | 22410 |
| education services for the handicap specified in division (A) of | 22411 |
| section 3317.013 of the Revised Code and reported under division | 22412 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 22413 |
| (2) "Category two special education ADM" means the average | 22414 |
| daily membership of handicapped children receiving special | 22415 |
| education services for those handicaps specified in division (B) | 22416 |
| of section 3317.013 of the Revised Code and reported under | 22417 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 22418 |
| Code. | 22419 |
| (3) "Category three special education ADM" means the average | 22420 |
| daily membership of students receiving special education services | 22421 |
| for those handicaps specified in division (C) of section 3317.013 | 22422 |
| of the Revised Code, and reported under division (B)(7) or | 22423 |
| (D)(2)(d) of section 3317.03 of the Revised Code. | 22424 |
| (4) "Category four special education ADM" means the average | 22425 |
| daily membership of students receiving special education services | 22426 |
| for those handicaps specified in division (D) of section 3317.013 | 22427 |
| of the Revised Code and reported under division (B)(8) or | 22428 |
| (D)(2)(e) of section 3317.03 of the Revised Code. | 22429 |
| (5) "Category five special education ADM" means the average | 22430 |
| daily membership of students receiving special education services | 22431 |
| for the handicap specified in division (E) of section 3317.013 of | 22432 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 22433 |
| of section 3317.03 of the Revised Code. | 22434 |
| (6) "Category six special education ADM" means the average | 22435 |
| daily membership of students receiving special education services | 22436 |
| for the handicap specified in division (F) of section 3317.013 of | 22437 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 22438 |
| of section 3317.03 of the Revised Code. | 22439 |
| (7) "Category one vocational education ADM" means the average | 22440 |
| daily membership of students receiving vocational education | 22441 |
| services described in division (A) of section 3317.014 of the | 22442 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 22443 |
| section 3317.03 of the Revised Code. | 22444 |
| (8) "Category two vocational education ADM" means the average | 22445 |
| daily membership of students receiving vocational education | 22446 |
| services described in division (B) of section 3317.014 of the | 22447 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 22448 |
| section 3317.03 of the Revised Code. | 22449 |
| (G) "Handicapped preschool child" means a handicapped child, | 22450 |
| as defined in section 3323.01 of the Revised Code, who is at least | 22451 |
| age three but is not of compulsory school age, as defined in | 22452 |
| section 3321.01 of the Revised Code, and who is not currently | 22453 |
| enrolled in kindergarten. | 22454 |
| (H) "County MR/DD board" means a county board of mental | 22455 |
| retardation and developmental disabilities. | 22456 |
| (I) "Recognized valuation" means the amount calculated for a | 22457 |
| school district pursuant to section 3317.015 of the Revised Code. | 22458 |
| (J) "Transportation ADM" means the number of children | 22459 |
| reported under division (B)(13) of section 3317.03 of the Revised | 22460 |
| Code. | 22461 |
| (K) "Average efficient transportation use cost per student" | 22462 |
| means a statistical representation of transportation costs as | 22463 |
| calculated under division (D)(2) of section 3317.022 of the | 22464 |
| Revised Code. | 22465 |
| (L) "Taxes charged and payable" means the taxes charged and | 22466 |
| payable against real and public utility property after making the | 22467 |
| reduction required by section 319.301 of the Revised Code, plus | 22468 |
| the taxes levied against tangible personal property. | 22469 |
| (M) "Total taxable value" means the sum of the amounts | 22470 |
| certified for a city, local, exempted village, or joint vocational | 22471 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 22472 |
| of the Revised Code. | 22473 |
| (N) "Cost-of-doing-business factor" means the amount | 22474 |
| indicated in this division for the county in which a city, local, | 22475 |
| exempted village, or joint vocational school district is located. | 22476 |
| If a city, local, or exempted village school district is located | 22477 |
| in more than one county, the factor is the amount indicated for | 22478 |
| the county to which the district is assigned by the state | 22479 |
| department of education. If a joint vocational school district is | 22480 |
| located in more than one county, the factor is the amount | 22481 |
| indicated for the county in which the joint vocational school with | 22482 |
| the greatest formula ADM operated by the district is located. | 22483 |
| COST-OF-DOING-BUSINESS | 22484 | |||
| COUNTY | FACTOR AMOUNT | 22485 | ||
| Adams | 1.0035 | 22486 | ||
| Allen | 1.0206 | 22487 | ||
| Ashland | 1.0297 | 22488 | ||
| Ashtabula | 1.0397 | 22489 | ||
| Athens | 1.0014 | 22490 | ||
| Auglaize | 1.0247 | 22491 | ||
| Belmont | 1.0064 | 22492 | ||
| Brown | 1.0177 | 22493 | ||
| Butler | 1.0646 | 22494 | ||
| Carroll | 1.0137 | 22495 | ||
| Champaign | 1.0446 | 22496 | ||
| Clark | 1.0447 | 22497 | ||
| Clermont | 1.0541 | 22498 | ||
| Clinton | 1.0329 | 22499 | ||
| Columbiana | 1.0214 | 22500 | ||
| Coshocton | 1.0173 | 22501 | ||
| Crawford | 1.0164 | 22502 | ||
| Cuyahoga | 1.0626 | 22503 | ||
| Darke | 1.0338 | 22504 | ||
| Defiance | 1.0146 | 22505 | ||
| Delaware | 1.0528 | 22506 | ||
| Erie | 1.0388 | 22507 | ||
| Fairfield | 1.0366 | 22508 | ||
| Fayette | 1.0319 | 22509 | ||
| Franklin | 1.0608 | 22510 | ||
| Fulton | 1.0330 | 22511 | ||
| Gallia | 1.0000 | 22512 | ||
| Geauga | 1.0501 | 22513 | ||
| Greene | 1.0444 | 22514 | ||
| Guernsey | 1.0066 | 22515 | ||
| Hamilton | 1.0750 | 22516 | ||
| Hancock | 1.0215 | 22517 | ||
| Hardin | 1.0356 | 22518 | ||
| Harrison | 1.0074 | 22519 | ||
| Henry | 1.0318 | 22520 | ||
| Highland | 1.0148 | 22521 | ||
| Hocking | 1.0188 | 22522 | ||
| Holmes | 1.0178 | 22523 | ||
| Huron | 1.0293 | 22524 | ||
| Jackson | 1.0138 | 22525 | ||
| Jefferson | 1.0073 | 22526 | ||
| Knox | 1.0279 | 22527 | ||
| Lake | 1.0524 | 22528 | ||
| Lawrence | 1.0081 | 22529 | ||
| Licking | 1.0381 | 22530 | ||
| Logan | 1.0385 | 22531 | ||
| Lorain | 1.0515 | 22532 | ||
| Lucas | 1.0390 | 22533 | ||
| Madison | 1.0488 | 22534 | ||
| Mahoning | 1.0346 | 22535 | ||
| Marion | 1.0306 | 22536 | ||
| Medina | 1.0536 | 22537 | ||
| Meigs | 1.0026 | 22538 | ||
| Mercer | 1.0203 | 22539 | ||
| Miami | 1.0411 | 22540 | ||
| Monroe | 1.0050 | 22541 | ||
| Montgomery | 1.0453 | 22542 | ||
| Morgan | 1.0089 | 22543 | ||
| Morrow | 1.0301 | 22544 | ||
| Muskingum | 1.0127 | 22545 | ||
| Noble | 1.0073 | 22546 | ||
| Ottawa | 1.0486 | 22547 | ||
| Paulding | 1.0115 | 22548 | ||
| Perry | 1.0160 | 22549 | ||
| Pickaway | 1.0391 | 22550 | ||
| Pike | 1.0103 | 22551 | ||
| Portage | 1.0472 | 22552 | ||
| Preble | 1.0442 | 22553 | ||
| Putnam | 1.0216 | 22554 | ||
| Richland | 1.0199 | 22555 | ||
| Ross | 1.0151 | 22556 | ||
| Sandusky | 1.0321 | 22557 | ||
| Scioto | 1.0012 | 22558 | ||
| Seneca | 1.0223 | 22559 | ||
| Shelby | 1.0278 | 22560 | ||
| Stark | 1.0255 | 22561 | ||
| Summit | 1.0542 | 22562 | ||
| Trumbull | 1.0351 | 22563 | ||
| Tuscarawas | 1.0089 | 22564 | ||
| Union | 1.0500 | 22565 | ||
| Van Wert | 1.0133 | 22566 | ||
| Vinton | 1.0095 | 22567 | ||
| Warren | 1.0658 | 22568 | ||
| Washington | 1.0060 | 22569 | ||
| Wayne | 1.0348 | 22570 | ||
| Williams | 1.0228 | 22571 | ||
| Wood | 1.0360 | 22572 | ||
| Wyandot | 1.0171 | 22573 |
| (O) "Tax exempt value" of a school district means the amount | 22574 |
| certified for a school district under division (A)(4) of section | 22575 |
| 3317.021 of the Revised Code. | 22576 |
| (P) "Potential value" of a school district means the | 22577 |
| recognized valuation of a school district plus the tax exempt | 22578 |
| value of the district. | 22579 |
| (Q) "District median income" means the median Ohio adjusted | 22580 |
| gross income certified for a school district. On or before the | 22581 |
| first day of July of each year, the tax commissioner shall certify | 22582 |
| to the department of education for each city, exempted village, | 22583 |
| and local school district the median Ohio adjusted gross income of | 22584 |
| the residents of the school district determined on the basis of | 22585 |
| tax returns filed for the second preceding tax year by the | 22586 |
| residents of the district. | 22587 |
| (R) "Statewide median income" means the median district | 22588 |
| median income of all city, exempted village, and local school | 22589 |
| districts in the state. | 22590 |
| (S) "Income factor" for a city, exempted village, or local | 22591 |
| school district means the quotient obtained by dividing that | 22592 |
| district's median income by the statewide median income. | 22593 |
| (T) "Medically fragile child" means a child to whom all of | 22594 |
| the following apply: | 22595 |
| (1) The child requires the services of a doctor of medicine | 22596 |
| or osteopathic medicine at least once a week due to the | 22597 |
| instability of the child's medical condition. | 22598 |
| (2) The child requires the services of a registered nurse on | 22599 |
| a daily basis. | 22600 |
| (3) The child is at risk of institutionalization in a | 22601 |
| hospital, skilled nursing facility, or intermediate care facility | 22602 |
| for the mentally retarded. | 22603 |
| (U) A child may be identified as "other health | 22604 |
| handicapped-major" if the child's condition meets the definition | 22605 |
| of "other health impaired" established in rules adopted by the | 22606 |
| state board of education prior to July 1, 2001, and if either of | 22607 |
| the following apply: | 22608 |
| (1) The child is identified as having a medical condition | 22609 |
| that is among those listed by the superintendent of public | 22610 |
| instruction as conditions where a substantial majority of cases | 22611 |
| fall within the definition of "medically fragile child." The | 22612 |
| superintendent of public instruction shall issue an initial list | 22613 |
| no later than September 1, 2001. | 22614 |
| (2) The child is determined by the superintendent of public | 22615 |
| instruction to be a medically fragile child. A school district | 22616 |
| superintendent may petition the superintendent of public | 22617 |
| instruction for a determination that a child is a medically | 22618 |
| fragile child. | 22619 |
| (V) A child may be identified as "other health | 22620 |
| handicapped-minor" if the child's condition meets the definition | 22621 |
| of "other health impaired" established in rules adopted by the | 22622 |
| state board of education prior to July 1, 2001, but the child's | 22623 |
| condition does not meet either of the conditions specified in | 22624 |
| division (U)(1) or (2) of this section. | 22625 |
| (W) "SF-3 payment" means the sum of the payments to a school | 22626 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 22627 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 22628 |
| of section 3317.024, and sections 3317.029, 3317.0212, 3317.0216, | 22629 |
| 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised | 22630 |
| Code after making the adjustments required by sections 3313.981 | 22631 |
| and 3313.979 of the Revised Code, divisions (B), (C), (D), (E), | 22632 |
| (K), (L), (M), and (N) of section 3317.023, and division (C) of | 22633 |
| section 3317.20 of the Revised Code. | 22634 |
| (X) "Payments in lieu of taxes" means the amount certified by | 22635 |
| the director of development for each school district under | 22636 |
| division (E) of section 3317.021 of the Revised Code. | 22637 |
| (Y) "Incentive district tax-exempt value" means the amount | 22638 |
| certified for a school district under division (A)(6) of section | 22639 |
| 3317.021 of the Revised Code. | 22640 |
| Sec. 3317.021. (A) On or before the first day of June of | 22641 |
| each year, the tax commissioner shall certify to the department of | 22642 |
| education the following information for each city, exempted | 22643 |
| village, and local school district, and the information required | 22644 |
| by divisions (A)(1) and (2) of this section for each joint | 22645 |
| vocational school district, and it shall be used, along with the | 22646 |
| information certified under division (B) of this section, in | 22647 |
| making the computations for the district under sections 3317.022 | 22648 |
| and 3317.0217 or section 3317.16 of the Revised Code: | 22649 |
| (1) The taxable value of real and public utility real | 22650 |
| property in the school district subject to taxation in the | 22651 |
| preceding tax year, by class and by county of location; | 22652 |
| (2) The taxable value of tangible personal property, | 22653 |
| including public utility personal property, subject to taxation by | 22654 |
| the district for the preceding tax year; | 22655 |
| (3)(a) The total property tax rate and total taxes charged | 22656 |
| and payable for the current expenses for the preceding tax year | 22657 |
| and the total property tax rate and the total taxes charged and | 22658 |
| payable to a joint vocational district for the preceding tax year | 22659 |
| that are limited to or to the extent apportioned to current | 22660 |
| expenses; | 22661 |
| (b) The portion of the amount of taxes charged and payable | 22662 |
| reported for each city, local, and exempted village school | 22663 |
| district under division (A)(3)(a) of this section attributable to | 22664 |
| a joint vocational school district. | 22665 |
| (4) The value of all real and public utility real property in | 22666 |
| the school district exempted from taxation minus both of the | 22667 |
| following: | 22668 |
| (a) The value of real and public utility real property in the | 22669 |
| district owned by the United States government and used | 22670 |
| exclusively for a public purpose; | 22671 |
| (b) The value of real and public utility real property in the | 22672 |
| district exempted from taxation under Chapter 725. or 1728. or | 22673 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 22674 |
| 5709.73, or 5709.78 of the Revised Code. | 22675 |
| (5) The total federal adjusted gross income of the residents | 22676 |
| of the school district, based on tax returns filed by the | 22677 |
| residents of the district, for the most recent year for which this | 22678 |
| information is available. | 22679 |
| (6) The total value of real property in the school district | 22680 |
| exempted from taxation under division (C) of section 5709.40, | 22681 |
| division (C) of section 5709.73, or division (B) of section | 22682 |
| 5709.78 of the Revised Code as indicated on the list of exempted | 22683 |
| property for the preceding tax year under section 5713.08 of the | 22684 |
| Revised Code and as if such property had been assessed for | 22685 |
| taxation that year. | 22686 |
| (B) On or before the first day of May each year, the tax | 22687 |
| commissioner shall certify to the department of education the | 22688 |
| total taxable real property value of railroads and, separately, | 22689 |
| the total taxable tangible personal property value of all public | 22690 |
| utilities for the preceding tax year, by school district and by | 22691 |
| county of location. | 22692 |
| (C) If a public utility has properly and timely filed a | 22693 |
| petition for reassessment under section 5727.47 of the Revised | 22694 |
| Code with respect to an assessment issued under section 5727.23 of | 22695 |
| the Revised Code affecting taxable property apportioned by the tax | 22696 |
| commissioner to a school district, the taxable value of public | 22697 |
| utility tangible personal property included in the certification | 22698 |
| under divisions (A)(2) and (B) of this section for the school | 22699 |
| district shall include only the amount of taxable value on the | 22700 |
| basis of which the public utility paid tax for the preceding year | 22701 |
| as provided in division (B)(1) or (2) of section 5727.47 of the | 22702 |
| Revised Code. | 22703 |
| (D) If on the basis of the information certified under | 22704 |
| division (A) of this section, the department determines that any | 22705 |
| district fails in any year to meet the qualification requirement | 22706 |
| specified in division (A) of section 3317.01 of the Revised Code, | 22707 |
| the department shall immediately request the tax commissioner to | 22708 |
| determine the extent to which any school district income tax | 22709 |
| levied by the district under Chapter 5748. of the Revised Code | 22710 |
| shall be included in meeting that requirement. Within five days of | 22711 |
| receiving such a request from the department, the tax commissioner | 22712 |
| shall make the determination required by this division and report | 22713 |
| the quotient obtained under division (D)(3) of this section to the | 22714 |
| department. This quotient represents the number of mills that the | 22715 |
| department shall include in determining whether the district meets | 22716 |
| the qualification requirement of division (A) of section 3317.01 | 22717 |
| of the Revised Code. | 22718 |
| The tax commissioner shall make the determination required by | 22719 |
| this division as follows: | 22720 |
| (1) Multiply one mill times the total taxable value of the | 22721 |
| district as determined in divisions (A)(1) and (2) of this | 22722 |
| section; | 22723 |
| (2) Estimate the total amount of tax liability for the | 22724 |
| current tax year under taxes levied by Chapter 5748. of the | 22725 |
| Revised Code that are apportioned to current operating expenses of | 22726 |
| the district; | 22727 |
| (3) Divide the amount estimated under division (D)(2) of this | 22728 |
| section by the product obtained under division (D)(1) of this | 22729 |
| section. | 22730 |
| (E) On or before the thirty-first day after the effective | 22731 |
| date of this amendment, and on or before the first day of June of | 22732 |
| each year thereafter, the director of development shall certify to | 22733 |
| the department of education the total amount of payments in lieu | 22734 |
| of taxes received by each city, exempted village, and local school | 22735 |
| district during the preceding tax year under division (B) of | 22736 |
| section 5709.82 of the Revised Code or otherwise in relation to | 22737 |
| exemptions from taxation granted under Chapter 725. or 1728. of | 22738 |
| the Revised Code, sections 3735.65 to 3735.70 of the Revised Code, | 22739 |
| or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 22740 |
| Revised Code. For this purpose, whenever any city, exempted | 22741 |
| village, or local school district enters into a contract or | 22742 |
| agreement with another party to receive such payments, the | 22743 |
| treasurer of the district shall report to the director of | 22744 |
| development the total amounts of such payments the district will | 22745 |
| receive each tax year pursuant to the contract or agreement. The | 22746 |
| state board of education, in accordance with sections 3319.31 and | 22747 |
| 3319.311 of the Revised Code, may suspend or revoke the license of | 22748 |
| a school district treasurer found to have willfully reported | 22749 |
| erroneous, inaccurate, or incomplete data under this division. | 22750 |
| Sec. 3317.022. (A) | 22751 |
| compute and distribute state base cost funding to each school | 22752 |
|
district for the fiscal year in accordance with | 22753 |
| 22754 | |
| required by
division (A) | 22755 |
| information obtained under section 3317.021 of the Revised Code in | 22756 |
| the calendar year in which the fiscal year begins. | 22757 |
| | 22758 |
| cost funding for each eligible district shall be computed as | 22759 |
| follows: | 22760 |
| 22761 |
| 22762 |
| 22763 |
| 22764 |
| 22765 |
| (2) Beginning in fiscal year 2007, state base cost funding | 22766 |
| for each eligible district shall be computed as the greater of the | 22767 |
| amount calculated under division (A)(2)(a) or (b) of this section | 22768 |
| minus [(0.023 times recognized valuation) plus (0.50 X payments in | 22769 |
| lieu of taxes)]. | 22770 |
| Accordingly, beginning in fiscal year 2007, the department | 22771 |
| shall calculate both of the following for each eligible district: | 22772 |
| (a) Cost-of-doing-business factor for fiscal year 2006 X | 22773 |
| formula amount for fiscal year 2006 X adjusted formula ADM for | 22774 |
| fiscal year 2006; | 22775 |
| (b) (Formula amount for the current fiscal year X current | 22776 |
| adjusted formula ADM) + the sum of the base funding supplements | 22777 |
| prescribed in divisions (B)(1) to (4) of section 3317.012 of the | 22778 |
| Revised Code. | 22779 |
| A district's base cost funding shall be the greater of the | 22780 |
| amount computed under division (A)(1)(a) or (b) of this section | 22781 |
| minus (0.023 times the sum of recognized valuation and incentive | 22782 |
| district tax exempt value). | 22783 |
| If the difference obtained is a negative number, the | 22784 |
| district's computation shall be zero. | 22785 |
| | 22786 |
| value of the district equals or exceeds twenty-five per cent of | 22787 |
| the potential value of the district, the department of education | 22788 |
| shall calculate the difference between the district's tax exempt | 22789 |
| value and twenty-five per cent of the district's potential value. | 22790 |
| (b) For each school district to which division
(A) | 22791 |
| of this section applies, the department shall adjust the | 22792 |
| recognized valuation used in the calculation under division (A)(1) | 22793 |
| or (2) of this section by subtracting from it the amount | 22794 |
|
calculated under
division (A) | 22795 |
| (B) As used in this section: | 22796 |
| (1) The "total special education weight" for a district means | 22797 |
| the sum of the following amounts: | 22798 |
| (a) The district's category one special education ADM | 22799 |
| multiplied by the multiple specified in division (A) of section | 22800 |
| 3317.013 of the Revised Code; | 22801 |
| (b) The district's category two special education ADM | 22802 |
| multiplied by the multiple specified in division (B) of section | 22803 |
| 3317.013 of the Revised Code; | 22804 |
| (c) The district's category three special education ADM | 22805 |
| multiplied by the multiple specified in division (C) of section | 22806 |
| 3317.013 of the Revised Code; | 22807 |
| (d) The district's category four special education ADM | 22808 |
| multiplied by the multiple specified in division (D) of section | 22809 |
| 3317.013 of the Revised Code; | 22810 |
| (e) The district's category five special education ADM | 22811 |
| multiplied by the multiple specified in division (E) of section | 22812 |
| 3317.013 of the Revised Code; | 22813 |
| (f) The district's category six special education ADM | 22814 |
| multiplied by the multiple specified in division (F) of section | 22815 |
| 3317.013 of the Revised Code. | 22816 |
| (2) "State share percentage" means the percentage calculated | 22817 |
| for a district as follows: | 22818 |
| (a) Calculate the state base cost funding amount for the | 22819 |
| district for the fiscal year under division (A) of this section. | 22820 |
| If the district would not receive any state base cost funding for | 22821 |
| that year under that division, the district's state share | 22822 |
| percentage is zero. | 22823 |
| (b) If the district would receive state base cost funding | 22824 |
| under that division, in fiscal year 2006 divide that amount by an | 22825 |
| amount equal to the following: | 22826 |
| 22827 |
| 22828 |
| 22829 |
| (c) If the district would receive base cost funding under | 22830 |
| that division, in fiscal year 2007 or thereafter divide that | 22831 |
| amount by an amount equal to the greater of the following: | 22832 |
| (i) Cost-of-doing-business factor for fiscal year 2006 X | 22833 |
| formula amount for fiscal year 2006 X adjusted formula ADM for | 22834 |
| fiscal year 2006; | 22835 |
| (ii) (Formula amount for the current fiscal year X current | 22836 |
| adjusted formula ADM) + the sum of the base funding supplements | 22837 |
| prescribed in divisions (B)(1) to (4) of section 3317.012 of the | 22838 |
| Revised Code. | 22839 |
| The resultant number in division (B)(2)(b) or (c) of this | 22840 |
| section is the district's state share percentage. | 22841 |
| (3) "Related services" includes: | 22842 |
| (a) Child study, special education supervisors and | 22843 |
| coordinators, speech and hearing services, adaptive physical | 22844 |
| development services, occupational or physical therapy, teacher | 22845 |
| assistants for handicapped children whose handicaps are described | 22846 |
| in division (B) of section 3317.013 or division (F)(3) of section | 22847 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 22848 |
| services, work study, nursing services, and specialized | 22849 |
| integrative services as those terms are defined by the department; | 22850 |
| (b) Speech and language services provided to any student with | 22851 |
| a handicap, including any student whose primary or only handicap | 22852 |
| is a speech and language handicap; | 22853 |
| (c) Any related service not specifically covered by other | 22854 |
| state funds but specified in federal law, including but not | 22855 |
| limited to, audiology and school psychological services; | 22856 |
| (d) Any service included in units funded under former | 22857 |
| division (O)(1) of section 3317.023 of the Revised Code; | 22858 |
| (e) Any other related service needed by handicapped children | 22859 |
| in accordance with their individualized education plans. | 22860 |
| (4) The "total vocational education weight" for a district | 22861 |
| means the sum of the following amounts: | 22862 |
| (a) The district's category one vocational education ADM | 22863 |
| multiplied by the multiple specified in division (A) of section | 22864 |
| 3317.014 of the Revised Code; | 22865 |
| (b) The district's category two vocational education ADM | 22866 |
| multiplied by the multiple specified in division (B) of section | 22867 |
| 3317.014 of the Revised Code. | 22868 |
| (C)(1) The department shall compute and distribute state | 22869 |
| special education and related services additional weighted costs | 22870 |
| funds to each school district in accordance with the following | 22871 |
| formula: | 22872 |
| 22873 |
| 22874 |
| 22875 |
| 22876 |
| (2) The attributed local share of special education and | 22877 |
| related services additional weighted costs equals: | 22878 |
| 22879 |
| 22880 |
| 22881 |
| (3)(a) The department shall compute and pay in accordance | 22882 |
| with this division additional state aid to school districts for | 22883 |
| students in categories two through six special education ADM. If a | 22884 |
| district's costs for the fiscal year for a student in its | 22885 |
| categories two through six special education ADM exceed the | 22886 |
| threshold catastrophic cost for serving the student, the district | 22887 |
| may submit to the superintendent of public instruction | 22888 |
| documentation, as prescribed by the superintendent, of all its | 22889 |
| costs for that student. Upon submission of documentation for a | 22890 |
| student of the type and in the manner prescribed, the department | 22891 |
| shall pay to the district an amount equal to the sum of the | 22892 |
| following: | 22893 |
| (i) One-half of the district's costs for the student in | 22894 |
| excess of the threshold catastrophic cost; | 22895 |
| (ii) The product of one-half of the district's costs for the | 22896 |
| student in excess of the threshold catastrophic cost multiplied by | 22897 |
| the district's state share percentage. | 22898 |
| (b) For purposes of division (C)(3)(a) of this section, the | 22899 |
| threshold catastrophic cost for serving a student equals: | 22900 |
| (i) For a student in the school district's category two, | 22901 |
| three, four, or five special education ADM, twenty-five thousand | 22902 |
|
dollars in fiscal year 2002 | 22903 |
| hundred dollars in fiscal years 2003, 2004, and 2005, and | 22904 |
| twenty-six thousand five hundred dollars in fiscal years 2006 and | 22905 |
| 2007; | 22906 |
| (ii) For a student in the district's category six special | 22907 |
|
education ADM, thirty thousand dollars in fiscal year 2002 | 22908 |
| thirty thousand eight hundred forty dollars in fiscal years 2003, | 22909 |
| 2004, and 2005, and thirty-one thousand eight hundred dollars in | 22910 |
| fiscal years 2006 and 2007. | 22911 |
| (c) The district shall only report under division (C)(3)(a) | 22912 |
| of this section, and the department shall only pay for, the costs | 22913 |
| of educational expenses and the related services provided to the | 22914 |
| student in accordance with the student's individualized education | 22915 |
| program. Any legal fees, court costs, or other costs associated | 22916 |
| with any cause of action relating to the student may not be | 22917 |
| included in the amount. | 22918 |
| (4)(a) As used in this division, the "personnel allowance" | 22919 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 22920 |
| 22921 |
| (b) For the provision of speech language pathology services | 22922 |
| to students, including students who do not have individualized | 22923 |
| education programs prepared for them under Chapter 3323. of the | 22924 |
| Revised Code, and for no other purpose, the department of | 22925 |
| education shall pay each school district an amount calculated | 22926 |
| under the following formula: | 22927 |
| 22928 |
| 22929 |
| (5) In | 22930 |
| for purposes that the department designates as approved for | 22931 |
| special education and related services expenses at least the | 22932 |
| amount calculated as follows: | 22933 |
| 22934 |
| 22935 |
| 22936 | |
| 22937 |
| In fiscal year 2007 and thereafter, a school district shall | 22938 |
| spend for those purposes at least the greater of the amount | 22939 |
| calculated under division (C)(5)(a) or (b) of this section + | 22940 |
| (total special education weight X formula amount). | 22941 |
| In making the calculation required under division (C)(5) of | 22942 |
| this section, the department shall calculate for each school | 22943 |
| district both of the following: | 22944 |
| (a) Cost-of-doing-business factor for fiscal year 2006 X | 22945 |
| formula amount for fiscal year 2006 X the sum of categories one | 22946 |
| through six special education ADM for fiscal year 2006; | 22947 |
| (b) Formula amount for the current fiscal year X the sum of | 22948 |
| categories one through six special education ADM for the current | 22949 |
| fiscal year. | 22950 |
| The purposes approved by the department for special education | 22951 |
| expenses shall include, but shall not be limited to, | 22952 |
| identification of handicapped children, compliance with state | 22953 |
| rules governing the education of handicapped children and | 22954 |
| prescribing the continuum of program options for handicapped | 22955 |
| children, provision of speech language pathology services, and the | 22956 |
| portion of the school district's overall administrative and | 22957 |
| overhead costs that are attributable to the district's special | 22958 |
| education student population. | 22959 |
| The department shall require school districts to report data | 22960 |
| annually to allow for monitoring compliance with division (C)(5) | 22961 |
| of this section. The department shall annually report to the | 22962 |
| governor and the general assembly the amount of money spent by | 22963 |
| each school district for special education and related services. | 22964 |
| (6) In any fiscal year, a school district shall spend for the | 22965 |
| provision of speech language pathology services not less than the | 22966 |
| sum of the amount calculated under division (C)(1) of this section | 22967 |
| for the students in the district's category one special education | 22968 |
| ADM and the amount calculated under division (C)(4) of this | 22969 |
| section. | 22970 |
| (D)(1) As used in this division: | 22971 |
| (a) "Daily bus miles per student" equals the number of bus | 22972 |
| miles traveled per day, divided by transportation base. | 22973 |
| (b) "Transportation base" equals total student count as | 22974 |
| defined in section 3301.011 of the Revised Code, minus the number | 22975 |
| of students enrolled in preschool handicapped units, plus the | 22976 |
| number of nonpublic school students included in transportation | 22977 |
| ADM. | 22978 |
| (c) "Transported student percentage" equals transportation | 22979 |
| ADM divided by transportation base. | 22980 |
| (d) "Transportation cost per student" equals total operating | 22981 |
| costs for board-owned or contractor-operated school buses divided | 22982 |
| by transportation base. | 22983 |
| (2) Analysis of student transportation cost data has resulted | 22984 |
| in a finding that an average efficient transportation use cost per | 22985 |
| student can be calculated by means of a regression formula that | 22986 |
| has as its two independent variables the number of daily bus miles | 22987 |
| per student and the transported student percentage. For fiscal | 22988 |
| year 1998 transportation cost data, the average efficient | 22989 |
| transportation use cost per student is expressed as follows: | 22990 |
| 22991 |
| 22992 |
| The department of education shall annually determine the | 22993 |
| average efficient transportation use cost per student in | 22994 |
| accordance with the principles stated in division (D)(2) of this | 22995 |
| section, updating the intercept and regression coefficients of the | 22996 |
| regression formula modeled in this division, based on an annual | 22997 |
| statewide analysis of each school district's daily bus miles per | 22998 |
| student, transported student percentage, and transportation cost | 22999 |
| per student data. The department shall conduct the annual update | 23000 |
| using data, including daily bus miles per student, transported | 23001 |
| student percentage, and transportation cost per student data, from | 23002 |
| the prior fiscal year. The department shall notify the office of | 23003 |
| budget and management of such update by the fifteenth day of | 23004 |
| February of each year. | 23005 |
| (3) In addition to funds paid under divisions (A), (C), and | 23006 |
| (E) of this section, each district with a transported student | 23007 |
| percentage greater than zero shall receive a payment equal to a | 23008 |
| percentage of the product of the district's transportation base | 23009 |
| from the prior fiscal year times the annually updated average | 23010 |
| efficient transportation use cost per student, times an inflation | 23011 |
| factor of two and eight tenths per cent to account for the | 23012 |
| one-year difference between the data used in updating the formula | 23013 |
| and calculating the payment and the year in which the payment is | 23014 |
| made. The percentage shall be the following percentage of that | 23015 |
| product specified for the corresponding fiscal year: | 23016 |
| FISCAL YEAR | PERCENTAGE | 23017 | |||
| 2000 | 52.5% | 23018 | |||
| 2001 | 55% | 23019 | |||
| 2002 | 57.5% | 23020 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 23021 |
| The payments made under division (D)(3) of this section each | 23022 |
| year shall be calculated based on all of the same prior year's | 23023 |
| data used to update the formula. | 23024 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 23025 |
| of this section, a school district shall receive a rough road | 23026 |
| subsidy if both of the following apply: | 23027 |
| (a) Its county rough road percentage is higher than the | 23028 |
| statewide rough road percentage, as those terms are defined in | 23029 |
| division (D)(5) of this section; | 23030 |
| (b) Its district student density is lower than the statewide | 23031 |
| student density, as those terms are defined in that division. | 23032 |
| (5) The rough road subsidy paid to each district meeting the | 23033 |
| qualifications of division (D)(4) of this section shall be | 23034 |
| calculated in accordance with the following formula: | 23035 |
| 23036 |
| 23037 |
| where: | 23038 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 23039 |
| accordance with the following formula: | 23040 |
| 23041 |
| 23042 |
| 23043 |
| (i) "Maximum rough road percentage" means the highest county | 23044 |
| rough road percentage in the state. | 23045 |
| (ii) "County rough road percentage" equals the percentage of | 23046 |
| the mileage of state, municipal, county, and township roads that | 23047 |
| is rated by the department of transportation as type A, B, C, E2, | 23048 |
| or F in the county in which the school district is located or, if | 23049 |
| the district is located in more than one county, the county to | 23050 |
| which it is assigned for purposes of determining its | 23051 |
| cost-of-doing-business factor. | 23052 |
| (iii) "Statewide rough road percentage" means the percentage | 23053 |
| of the statewide total mileage of state, municipal, county, and | 23054 |
| township roads that is rated as type A, B, C, E2, or F by the | 23055 |
| department of transportation. | 23056 |
| (b) "Total rough road miles" means a school district's total | 23057 |
| bus miles traveled in one year times its county rough road | 23058 |
| percentage. | 23059 |
| (c) "Density multiplier" means a figure calculated in | 23060 |
| accordance with the following formula: | 23061 |
| 23062 |
| 23063 |
| 23064 |
| (i) "Minimum student density" means the lowest district | 23065 |
| student density in the state. | 23066 |
| (ii) "District student density" means a school district's | 23067 |
| transportation base divided by the number of square miles in the | 23068 |
| district. | 23069 |
| (iii) "Statewide student density" means the sum of the | 23070 |
| transportation bases for all school districts divided by the sum | 23071 |
| of the square miles in all school districts. | 23072 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 23073 |
| of this section, each district shall receive in accordance with | 23074 |
| rules adopted by the state board of education a payment for | 23075 |
| students transported by means other than board-owned or | 23076 |
| contractor-operated buses and whose transportation is not funded | 23077 |
| under division (J) of section 3317.024 of the Revised Code. The | 23078 |
| rules shall include provisions for school district reporting of | 23079 |
| such students. | 23080 |
| (E)(1) The department shall compute and distribute state | 23081 |
| vocational education additional weighted costs funds to each | 23082 |
| school district in accordance with the following formula: | 23083 |
| 23084 |
| 23085 |
| 23086 |
| In any fiscal year, a school district receiving funds under | 23087 |
| division (E)(1) of this section shall spend those funds only for | 23088 |
| the purposes that the department designates as approved for | 23089 |
| vocational education expenses. Vocational educational expenses | 23090 |
| approved by the department shall include only expenses connected | 23091 |
| to the delivery of career-technical programming to | 23092 |
| career-technical students. The department shall require the school | 23093 |
| district to report data annually so that the department may | 23094 |
| monitor the district's compliance with the requirements regarding | 23095 |
| the manner in which funding received under division (E)(1) of this | 23096 |
| section may be spent. | 23097 |
| (2) The department shall compute for each school district | 23098 |
| state funds for vocational education associated services in | 23099 |
| accordance with the following formula: | 23100 |
| 23101 |
| 23102 |
| 23103 |
| In any fiscal year, a school district receiving funds under | 23104 |
| division (E)(2) of this section, or through a transfer of funds | 23105 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 23106 |
| shall spend those funds only for the purposes that the department | 23107 |
| designates as approved for vocational education associated | 23108 |
| services expenses, which may include such purposes as | 23109 |
| apprenticeship coordinators, coordinators for other vocational | 23110 |
| education services, vocational evaluation, and other purposes | 23111 |
| designated by the department. The department may deny payment | 23112 |
| under division (E)(2) of this section to any district that the | 23113 |
| department determines is not operating those services or is using | 23114 |
| funds paid under division (E)(2) of this section, or through a | 23115 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 23116 |
| the Revised Code, for other purposes. | 23117 |
| (F) The actual local share in any fiscal year for the | 23118 |
| combination of special education and related services additional | 23119 |
| weighted costs funding calculated under division (C)(1) of this | 23120 |
| section, transportation funding calculated under divisions (D)(2) | 23121 |
| and (3) of this section, and vocational education and associated | 23122 |
| services additional weighted costs funding calculated under | 23123 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 23124 |
| school district the product of three and three-tenths mills times | 23125 |
| the district's recognized valuation. The department annually shall | 23126 |
| pay each school district as an excess cost supplement any amount | 23127 |
| by which the sum of the district's attributed local shares for | 23128 |
| that funding exceeds that product. For purposes of calculating the | 23129 |
| excess cost supplement: | 23130 |
| (1) The attributed local share for special education and | 23131 |
| related services additional weighted costs funding is the amount | 23132 |
| specified in division (C)(2) of this section. | 23133 |
| (2) The attributed local share of transportation funding | 23134 |
| equals the difference of the total amount calculated for the | 23135 |
| district using the formula developed under division (D)(2) of this | 23136 |
| section minus the actual amount paid to the district after | 23137 |
| applying the percentage specified in division (D)(3) of this | 23138 |
| section. | 23139 |
| (3) The attributed local share of vocational education and | 23140 |
| associated services additional weighted costs funding is the | 23141 |
| amount determined as follows: | 23142 |
| 23143 |
| 23144 |
| 23145 |
| Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 23146 |
| Revised Code, the amounts required to be paid to a district under | 23147 |
| this chapter shall be adjusted by the amount of the computations | 23148 |
|
made under divisions (B) to
| 23149 |
| As used in this section: | 23150 |
| (1) "Classroom teacher" means a licensed employee who | 23151 |
| provides direct instruction to pupils, excluding teachers funded | 23152 |
| from money paid to the district from federal sources; educational | 23153 |
| service personnel; and vocational and special education teachers. | 23154 |
| (2) "Educational service personnel" shall not include such | 23155 |
| specialists funded from money paid to the district from federal | 23156 |
| sources or assigned full-time to vocational or special education | 23157 |
| students and classes and may only include those persons employed | 23158 |
| in the eight specialist areas in a pattern approved by the | 23159 |
| department of education under guidelines established by the state | 23160 |
| board of education. | 23161 |
| (3) "Annual salary" means the annual base salary stated in | 23162 |
| the state minimum salary schedule for the performance of the | 23163 |
| teacher's regular teaching duties that the teacher earns for | 23164 |
| services rendered for the first full week of October of the fiscal | 23165 |
| year for which the adjustment is made under division (C) of this | 23166 |
| section. It shall not include any salary payments for supplemental | 23167 |
| teachers contracts. | 23168 |
| (4) "Regular student population" means the formula ADM plus | 23169 |
| the number of students reported as enrolled in the district | 23170 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 23171 |
| Code; minus the number of students reported under division (A)(2) | 23172 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 23173 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 23174 |
| of that section who are enrolled in a vocational education class | 23175 |
| or receiving special education; and minus twenty per cent of the | 23176 |
| students enrolled concurrently in a joint vocational school | 23177 |
| district. | 23178 |
| (5) "State share percentage" has the same meaning as in | 23179 |
| section 3317.022 of the Revised Code. | 23180 |
| (6) "VEPD" means a school district or group of school | 23181 |
| districts designated by the department of education as being | 23182 |
| responsible for the planning for and provision of vocational | 23183 |
| education services to students within the district or group. | 23184 |
| (7) "Lead district" means a school district, including a | 23185 |
| joint vocational school district, designated by the department as | 23186 |
| a VEPD, or designated to provide primary vocational education | 23187 |
| leadership within a VEPD composed of a group of districts. | 23188 |
| (B) If the district employs less than one full-time | 23189 |
| equivalent classroom teacher for each twenty-five pupils in the | 23190 |
| regular student population in any school district, deduct the sum | 23191 |
| of the amounts obtained from the following computations: | 23192 |
| (1) Divide the number of the district's full-time equivalent | 23193 |
| classroom teachers employed by one twenty-fifth; | 23194 |
| (2) Subtract the quotient in (1) from the district's regular | 23195 |
| student population; | 23196 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 23197 |
| dollars. | 23198 |
| (C) If a positive amount, add one-half of the amount obtained | 23199 |
| by multiplying the number of full-time equivalent classroom | 23200 |
| teachers by: | 23201 |
| (1) The mean annual salary of all full-time equivalent | 23202 |
| classroom teachers employed by the district at their respective | 23203 |
| training and experience levels minus; | 23204 |
| (2) The mean annual salary of all such teachers at their | 23205 |
| respective levels in all school districts receiving payments under | 23206 |
| this section. | 23207 |
| The number of full-time equivalent classroom teachers used in | 23208 |
| this computation shall not exceed one twenty-fifth of the | 23209 |
| district's regular student population. In calculating the | 23210 |
| district's mean salary under this division, those full-time | 23211 |
| equivalent classroom teachers with the highest training level | 23212 |
| shall be counted first, those with the next highest training level | 23213 |
| second, and so on, in descending order. Within the respective | 23214 |
| training levels, teachers with the highest years of service shall | 23215 |
| be counted first, the next highest years of service second, and so | 23216 |
| on, in descending order. | 23217 |
| (D) This division does not apply to a school district that | 23218 |
| has entered into an agreement under division (A) of section | 23219 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 23220 |
| following computations if the district employs fewer than five | 23221 |
| full-time equivalent educational service personnel, including | 23222 |
| elementary school art, music, and physical education teachers, | 23223 |
| counselors, librarians, visiting teachers, school social workers, | 23224 |
| and school nurses for each one thousand pupils in the regular | 23225 |
| student population: | 23226 |
| (1) Divide the number of full-time equivalent educational | 23227 |
| service personnel employed by the district by five | 23228 |
| one-thousandths; | 23229 |
| (2) Subtract the quotient in (1) from the district's regular | 23230 |
| student population; | 23231 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 23232 |
| (E) If a local school district, or a city or exempted village | 23233 |
| school district to which a governing board of an educational | 23234 |
| service center provides services pursuant to section 3313.843 of | 23235 |
| the Revised Code, deduct the amount of the payment required for | 23236 |
| the reimbursement of the governing board under section 3317.11 of | 23237 |
| the Revised Code. | 23238 |
| (F)(1) If the district is required to pay to or entitled to | 23239 |
| receive tuition from another school district under division (C)(2) | 23240 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 23241 |
| or if the superintendent of public instruction is required to | 23242 |
| determine the correct amount of tuition and make a deduction or | 23243 |
| credit under section 3317.08 of the Revised Code, deduct and | 23244 |
| credit such amounts as provided in division (J) of section 3313.64 | 23245 |
| or section 3317.08 of the Revised Code. | 23246 |
| (2) For each child for whom the district is responsible for | 23247 |
| tuition or payment under division (A)(1) of section 3317.082 or | 23248 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 23249 |
| or payment for which the district is responsible. | 23250 |
| (G) If the district has been certified by the superintendent | 23251 |
| of public instruction under section 3313.90 of the Revised Code as | 23252 |
| not in compliance with the requirements of that section, deduct an | 23253 |
| amount equal to ten per cent of the amount computed for the | 23254 |
| district under section 3317.022 of the Revised Code. | 23255 |
| (H) If the district has received a loan from a commercial | 23256 |
| lending institution for which payments are made by the | 23257 |
| superintendent of public instruction pursuant to division (E)(3) | 23258 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 23259 |
| such payments. | 23260 |
| (I)(1) If the district is a party to an agreement entered | 23261 |
| into under division (D), (E), or (F) of section 3311.06 or | 23262 |
| division (B) of section 3311.24 of the Revised Code and is | 23263 |
| obligated to make payments to another district under such an | 23264 |
| agreement, deduct an amount equal to such payments if the district | 23265 |
| school board notifies the department in writing that it wishes to | 23266 |
| have such payments deducted. | 23267 |
| (2) If the district is entitled to receive payments from | 23268 |
| another district that has notified the department to deduct such | 23269 |
| payments under division (I)(1) of this section, add the amount of | 23270 |
| such payments. | 23271 |
| (J) If the district is required to pay an amount of funds to | 23272 |
| a cooperative education district pursuant to a provision described | 23273 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 23274 |
| section 3311.521 of the Revised Code, deduct such amounts as | 23275 |
| provided under that provision and credit those amounts to the | 23276 |
| cooperative education district for payment to the district under | 23277 |
| division (B)(1) of section 3317.19 of the Revised Code. | 23278 |
| (K)(1) If a district is educating a student entitled to | 23279 |
| attend school in another district pursuant to a shared education | 23280 |
| contract, compact, or cooperative education agreement other than | 23281 |
| an agreement entered into pursuant to section 3313.842 of the | 23282 |
| Revised Code, credit to that educating district on an FTE basis | 23283 |
| the amounts prescribed in division (K)(1)(a) or (b) of this | 23284 |
| section as follows: | 23285 |
| (a) In fiscal year 2006, credit both of the following: | 23286 |
| | 23287 |
| of doing business factor of the school district where the student | 23288 |
| is entitled to attend school pursuant to section 3313.64 or | 23289 |
| 3313.65 of the Revised Code; | 23290 |
| | 23291 |
| share percentage times any multiple applicable to the student | 23292 |
| pursuant to section 3317.013 or 3317.014 of the Revised Code. | 23293 |
| (b) In fiscal year 2007 and thereafter, credit both of the | 23294 |
| following: | 23295 |
| (i) An amount equal to the greater of either the product of | 23296 |
| the fiscal year 2006 formula amount times the fiscal year 2006 | 23297 |
| cost-of-doing-business factor of the school district where the | 23298 |
| student is entitled to attend school pursuant to section 3313.64 | 23299 |
| or 3313.65 of the Revised Code or the sum of the current formula | 23300 |
| amount plus the per pupil amount of the base funding supplements | 23301 |
| specified in divisions (B)(1) to (4) of section 3317.012 of the | 23302 |
| Revised Code. | 23303 |
| (ii) An amount equal to the current formula amount times the | 23304 |
| state share percentage times any multiple applicable to the | 23305 |
| student pursuant to section 3317.013 or 3317.014 of the Revised | 23306 |
| Code. | 23307 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 23308 |
| this section from amounts paid to the school district in which the | 23309 |
| student is entitled to attend school pursuant to section 3313.64 | 23310 |
| or 3313.65 of the Revised Code. | 23311 |
| (3) If the district is required by a shared education | 23312 |
| contract, compact, or cooperative education agreement to make | 23313 |
| payments to an educational service center, deduct the amounts from | 23314 |
| payments to the district and add them to the amounts paid to the | 23315 |
| service center pursuant to section 3317.11 of the Revised Code. | 23316 |
| (L)(1) If a district, including a joint vocational school | 23317 |
| district, is a lead district of a VEPD, credit to that district | 23318 |
| the amounts calculated for all the school districts within that | 23319 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 23320 |
| Revised Code. | 23321 |
| (2) Deduct from each appropriate district that is not a lead | 23322 |
| district, the amount attributable to that district that is | 23323 |
| credited to a lead district under division (L)(1) of this section. | 23324 |
| (M) If the department pays a joint vocational school district | 23325 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 23326 |
| excess costs of providing special education and related services | 23327 |
| to a handicapped student, as calculated under division (G)(2) of | 23328 |
| that section, the department shall deduct the amount of that | 23329 |
| payment from the city, local, or exempted village school district | 23330 |
| that is responsible as specified in that section for the excess | 23331 |
| costs. | 23332 |
| (N)(1) If the district reports an amount of excess cost for | 23333 |
| special education services for a child under division (C) of | 23334 |
| section 3323.14 of the Revised Code, the department shall pay that | 23335 |
| amount to the district. | 23336 |
| (2) If the district reports an amount of excess cost for | 23337 |
| special education services for a child under division (C) of | 23338 |
| section 3323.14 of the Revised Code, the department shall deduct | 23339 |
| that amount from the district of residence of that child. | 23340 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 23341 |
| school districts pursuant to section 3317.022 of the Revised Code, | 23342 |
| moneys appropriated for the education programs in divisions (A) to | 23343 |
| (H), (J) to (L), (O), (P), and (R) of this section shall be | 23344 |
| distributed to school districts meeting the requirements of | 23345 |
| section 3317.01 of the Revised Code; in the case of divisions (J) | 23346 |
| and (P) of this section, to educational service centers as | 23347 |
| provided in section 3317.11 of the Revised Code; in the case of | 23348 |
| divisions (E), (M), and (N) of this section, to county MR/DD | 23349 |
| boards; in the case of division (R) of this section, to joint | 23350 |
| vocational school districts; in the case of division (K) of this | 23351 |
| section, to cooperative education school districts; and in the | 23352 |
| case of division (Q) of this section, to the institutions defined | 23353 |
| under section 3317.082 of the Revised Code providing elementary or | 23354 |
| secondary education programs to children other than children | 23355 |
| receiving special education under section 3323.091 of the Revised | 23356 |
| Code. The following shall be distributed monthly, quarterly, or | 23357 |
| annually as may be determined by the state board of education: | 23358 |
| (A) A per pupil amount to each school district that | 23359 |
| establishes a summer school remediation program that complies with | 23360 |
| rules of the state board of education. | 23361 |
| (B) An amount for each island school district and each joint | 23362 |
| state school district for the operation of each high school and | 23363 |
| each elementary school maintained within such district and for | 23364 |
| capital improvements for such schools. Such amounts shall be | 23365 |
| determined on the basis of standards adopted by the state board of | 23366 |
| education. | 23367 |
| (C) An amount for each school district operating classes for | 23368 |
| children of migrant workers who are unable to be in attendance in | 23369 |
| an Ohio school during the entire regular school year. The amounts | 23370 |
| shall be determined on the basis of standards adopted by the state | 23371 |
| board of education, except that payment shall be made only for | 23372 |
| subjects regularly offered by the school district providing the | 23373 |
| classes. | 23374 |
| (D) An amount for each school district with guidance, | 23375 |
| testing, and counseling programs approved by the state board of | 23376 |
| education. The amount shall be determined on the basis of | 23377 |
| standards adopted by the state board of education. | 23378 |
| (E) An amount for the emergency purchase of school buses as | 23379 |
| provided for in section 3317.07 of the Revised Code; | 23380 |
| (F) An amount for each school district required to pay | 23381 |
| tuition for a child in an institution maintained by the department | 23382 |
| of youth services pursuant to section 3317.082 of the Revised | 23383 |
| Code, provided the child was not included in the calculation of | 23384 |
| the district's average daily membership for the preceding school | 23385 |
| year. | 23386 |
| (G) In fiscal year 2000 only, an amount to each school | 23387 |
| district for supplemental salary allowances for each licensed | 23388 |
| employee except those licensees serving as superintendents, | 23389 |
| assistant superintendents, principals, or assistant principals, | 23390 |
| whose term of service in any year is extended beyond the term of | 23391 |
| service of regular classroom teachers, as described in section | 23392 |
| 3301.0725 of the Revised Code; | 23393 |
| (H) An amount for adult basic literacy education for each | 23394 |
| district participating in programs approved by the state board of | 23395 |
| education. The amount shall be determined on the basis of | 23396 |
| standards adopted by the state board of education. | 23397 |
| (I) Notwithstanding section 3317.01 of the Revised Code, but | 23398 |
| only until June 30, 1999, to each city, local, and exempted | 23399 |
| village school district, an amount for conducting driver education | 23400 |
| courses at high schools for which the state board of education | 23401 |
| prescribes minimum standards and to joint vocational and | 23402 |
| cooperative education school districts and educational service | 23403 |
| centers, an amount for conducting driver education courses to | 23404 |
| pupils enrolled in a high school for which the state board | 23405 |
| prescribes minimum standards. No payments shall be made under this | 23406 |
| division after June 30, 1999. | 23407 |
| (J) An amount for the approved cost of transporting | 23408 |
| 23409 | |
| attending a special education program approved by the department | 23410 |
| of education whom it is impossible or impractical to transport by | 23411 |
| regular school bus in the course of regular route transportation | 23412 |
| provided by the district or service center. No district or service | 23413 |
| center is eligible to receive a payment under this division for | 23414 |
| the cost of transporting any pupil whom it transports by regular | 23415 |
| school bus and who is included in the district's transportation | 23416 |
| ADM. The state board of education shall establish standards and | 23417 |
| guidelines for use by the department of education in determining | 23418 |
| the approved cost of such transportation for each district or | 23419 |
| service center. | 23420 |
| (K) An amount to each school district, including each | 23421 |
| cooperative education school district, pursuant to section 3313.81 | 23422 |
| of the Revised Code to assist in providing free lunches to needy | 23423 |
| children and an amount to assist needy school districts in | 23424 |
| purchasing necessary equipment for food preparation. The amounts | 23425 |
| shall be determined on the basis of rules adopted by the state | 23426 |
| board of education. | 23427 |
| (L) An amount to each school district, for each pupil | 23428 |
| attending a chartered nonpublic elementary or high school within | 23429 |
| the district. The amount shall equal the amount appropriated for | 23430 |
| the implementation of section 3317.06 of the Revised Code divided | 23431 |
| by the average daily membership in grades kindergarten through | 23432 |
| twelve in nonpublic elementary and high schools within the state | 23433 |
| as determined during the first full week in October of each school | 23434 |
| year. | 23435 |
| (M) An amount for each county MR/DD board, distributed on the | 23436 |
| basis of standards adopted by the state board of education, for | 23437 |
| the approved cost of transportation required for children | 23438 |
| attending special education programs operated by the county MR/DD | 23439 |
| board under section 3323.09 of the Revised Code; | 23440 |
| (N) An amount for each county MR/DD board, distributed on the | 23441 |
| basis of standards adopted by the state board of education, for | 23442 |
| supportive home services for preschool children; | 23443 |
| (O) An amount for each school district that establishes a | 23444 |
| mentor teacher program that complies with rules of the state board | 23445 |
| of education. No school district shall be required to establish or | 23446 |
| maintain such a program in any year unless sufficient funds are | 23447 |
| appropriated to cover the district's total costs for the program. | 23448 |
| (P) An amount to each school district or educational service | 23449 |
| center for the total number of gifted units approved pursuant to | 23450 |
| section 3317.05 of the Revised Code. The amount for each such unit | 23451 |
| shall be the sum of the minimum salary for the teacher of the | 23452 |
| unit, calculated on the basis of the teacher's training level and | 23453 |
| years of experience pursuant to the salary schedule prescribed in | 23454 |
| the version of section 3317.13 of the Revised Code in effect prior | 23455 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 23456 |
| amount, plus two thousand six hundred seventy-eight dollars. | 23457 |
| (Q) An amount to each institution defined under section | 23458 |
| 3317.082 of the Revised Code providing elementary or secondary | 23459 |
| education to children other than children receiving special | 23460 |
| education under section 3323.091 of the Revised Code. This amount | 23461 |
| for any institution in any fiscal year shall equal the total of | 23462 |
| all tuition amounts required to be paid to the institution under | 23463 |
| division (A)(1) of section 3317.082 of the Revised Code. | 23464 |
| (R) A grant to each school district and joint vocational | 23465 |
| school district that operates a "graduation, reality, and | 23466 |
| dual-role skills" (GRADS) program for pregnant and parenting | 23467 |
| students that is approved by the department. The amount of the | 23468 |
| payment shall be the district's state share percentage, as defined | 23469 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 23470 |
| GRADS personnel allowance times the full-time-equivalent number of | 23471 |
| GRADS teachers approved by the department. The GRADS personnel | 23472 |
|
allowance is
$47,555 in fiscal
years 2004 | 23473 |
| 2007. | 23474 |
| The state board of education or any other board of education | 23475 |
| or governing board may provide for any resident of a district or | 23476 |
| educational service center territory any educational service for | 23477 |
| which funds are made available to the board by the United States | 23478 |
| under the authority of public law, whether such funds come | 23479 |
| directly or indirectly from the United States or any agency or | 23480 |
| department thereof or through the state or any agency, department, | 23481 |
| or political subdivision thereof. | 23482 |
| Sec. 3317.026. (A) As used in this section, "refunded taxes" | 23483 |
| means taxes charged and payable from real and tangible personal | 23484 |
| property, including public utility property, that have been found | 23485 |
| to have been overpaid as the result of reductions in the taxable | 23486 |
| value of such property and that have been refunded, including any | 23487 |
| interest or penalty refunded with those taxes. If taxes are | 23488 |
| refunded over a period of time pursuant to division (B)(2), (3), | 23489 |
| or (4) of section 319.36 or division (C) of section 5727.471 of | 23490 |
| the Revised Code, the total amount of taxes required to be | 23491 |
| refunded, excluding any interest accruing after the day the | 23492 |
| undertaking is entered into, shall be considered to have been | 23493 |
| refunded on the day the first portion of the overpayment is paid | 23494 |
| or credited. | 23495 |
| (B) Not later than the last day of February each year, each | 23496 |
| county auditor shall certify to the tax commissioner, for each | 23497 |
| school district in the county, the amount of refunded taxes | 23498 |
| refunded in the preceding calendar year and the reductions in | 23499 |
| taxable value that resulted in those refunds, except for | 23500 |
| reductions in taxable value that previously have been reported to | 23501 |
| the tax commissioner on an abstract. If the tax commissioner | 23502 |
| determines that the amount of refunded taxes certified for a | 23503 |
| school district exceeds three per cent of the total taxes charged | 23504 |
| and payable for current expenses of the school district for the | 23505 |
| calendar year in which those taxes were refunded, the tax | 23506 |
| commissioner shall certify the reductions in taxable value that | 23507 |
| resulted in those refunds on or before the first day of June to | 23508 |
| the department of education. Upon receiving the certification by | 23509 |
| the tax commissioner, the department of education shall reduce the | 23510 |
| total taxable value of the school district, as defined in section | 23511 |
| 3317.02 of the Revised Code, by the total amount of the reductions | 23512 |
| in taxable value that resulted in those refunds for the purpose of | 23513 |
|
computing the | 23514 |
| the current
fiscal year | 23515 |
| 23516 | |
| adjustment required by this section shall be paid to the school | 23517 |
| district on
or before
the | 23518 |
| of
the | 23519 |
| If an adjustment is made under this division in the amount of | 23520 |
| state aid paid to a school district, the tax value reductions from | 23521 |
| which that adjustment results shall not be used in recomputing aid | 23522 |
| to a school district under section 3317.027 of the Revised Code. | 23523 |
| | 23524 |
| catastrophic expenditures account pursuant to division (C) of | 23525 |
| section 3316.20 of the Revised Code on the basis of the same | 23526 |
| circumstances for which an adjustment is made under this section, | 23527 |
| the amount of the adjustment shall be reduced and transferred in | 23528 |
| accordance with division (C) of section 3316.20 of the Revised | 23529 |
| Code. | 23530 |
| (D) Not later than the first day of June each year, the tax | 23531 |
| commissioner shall certify to the department of education for each | 23532 |
| school district the total of the increases in taxable value above | 23533 |
| the amount of taxable value on which tax was paid, as provided in | 23534 |
| division (B)(1) or (2) of section 5727.47 of the Revised Code, as | 23535 |
| determined by the commissioner, and for which a notification was | 23536 |
| sent pursuant to section 5727.471 of the Revised Code, in the | 23537 |
| preceding calendar year. Upon receiving the certification, the | 23538 |
| department shall increase the total taxable value, as defined in | 23539 |
| section 3317.02 of the Revised Code, of the school district by the | 23540 |
| total amount of the increase in taxable value certified by the | 23541 |
| commissioner for the school district for the purpose of computing | 23542 |
|
the school
district's
| 23543 |
| fiscal year
| 23544 |
| 23545 |
| Sec. 3317.027. On or before the fifteenth day of May of each | 23546 |
| year, the tax commissioner shall certify to the department of | 23547 |
| education: | 23548 |
| (A) The amount by which applications filed under section | 23549 |
| 5713.38 of the Revised Code or complaints filed under section | 23550 |
| 5715.19 of the Revised Code resulted in a reduction in the second | 23551 |
| preceding year's taxable value in each school district in which | 23552 |
| such a reduction occurred, and the amount by which such reduction | 23553 |
| reduced the district's taxes charged and payable for such year; | 23554 |
| and | 23555 |
| (B) The taxes charged and payable for the second preceding | 23556 |
| tax year that were remitted under section 5713.081 of the Revised | 23557 |
| Code and the taxable value against which such taxes were imposed. | 23558 |
| Upon receipt of such certifications, the department shall | 23559 |
|
recompute the | 23560 |
| 23561 | |
| 23562 | |
| value not been used in the computation made under division (A)(1) | 23563 |
| of section 3317.021 of the Revised Code and had the taxes charged | 23564 |
| and payable not been included in the certification made under | 23565 |
| division (A)(3) of such section. The
department shall | 23566 |
| calculate the amount that the remainder of the fiscal year's | 23567 |
|
payments | 23568 |
| fiscal year
| 23569 |
| payment as recomputed. The increase or decrease in the amount of | 23570 |
| aid resulting from the adjustment required under this section | 23571 |
| shall be paid to the school district on or before the thirty-first | 23572 |
| day of July of the following fiscal year. | 23573 |
| If a school district received a grant from the catastrophic | 23574 |
| expenditures account pursuant to division (C) of section 3316.20 | 23575 |
| of the Revised Code on the basis of the same circumstances for | 23576 |
| which a recomputation is made under this section, the amount of | 23577 |
| the recomputation shall be reduced and transferred in accordance | 23578 |
| with division (C) of section 3316.20 of the Revised Code. | 23579 |
| Sec. 3317.028. (A) On or before the fifteenth day of May in | 23580 |
| each calendar year prior to calendar year 2007, the tax | 23581 |
| commissioner shall determine for each school district whether the | 23582 |
| taxable value of all tangible personal property, including utility | 23583 |
| tangible personal property, subject to taxation by the district in | 23584 |
| the preceding tax year was less or greater than the taxable value | 23585 |
| of such property during the second preceding tax year. If any such | 23586 |
| decrease exceeds five per cent of the district's tangible personal | 23587 |
| property taxable value included in the total taxable value used in | 23588 |
| computing the district's
| 23589 |
| the fiscal year that ends in the current calendar year, or if any | 23590 |
| such increase exceeds five per cent of the district's total | 23591 |
| taxable value used in computing the district's
| 23592 |
| 23593 | |
| current calendar year, the tax commissioner shall certify both of | 23594 |
| the following to the department of education: | 23595 |
| (1) The taxable value of the tangible personal property | 23596 |
| increase or decrease, including utility tangible personal property | 23597 |
| increase or decrease, which shall be considered a change in | 23598 |
| valuation; | 23599 |
| (2) The decrease or increase in taxes charged and payable on | 23600 |
| such change in taxable value calculated in the same manner as in | 23601 |
| division (A)(3) of section 3317.021 of the Revised Code. | 23602 |
| (B) | 23603 |
| 23604 | |
| 23605 | |
| 23606 | |
| 23607 | |
| 23608 | |
| 23609 | |
| 23610 | |
| the fifteenth day of May in each calendar year thereafter, the tax | 23611 |
| commissioner shall determine for each school district whether the | 23612 |
| taxable value of all utility tangible personal property subject to | 23613 |
| taxation by the district in the preceding tax year was less or | 23614 |
| greater than the taxable value of such property during the second | 23615 |
| preceding tax year. If any decrease exceeds five per cent of the | 23616 |
| district's tangible personal property taxable value included in | 23617 |
| the total taxable value used in the district's state aid | 23618 |
| computation for the fiscal year that ends in the current calendar | 23619 |
| year, or if any increase exceeds five per cent of the district's | 23620 |
| total taxable value used in the district's state aid computation | 23621 |
| for the fiscal year that ends in the current calendar year, the | 23622 |
| tax commissioner shall certify both of the following to the | 23623 |
| department of education: | 23624 |
| (1) The taxable value of the utility tangible personal | 23625 |
| property increase or decrease, which shall be considered a change | 23626 |
| in valuation; | 23627 |
| (2) The decrease or increase in taxes charged and payable on | 23628 |
| such change in taxable value calculated in the same manner as in | 23629 |
| division (A)(3) of section 3317.021 of the Revised Code. | 23630 |
| (C) Upon receipt of | 23631 |
| section, the department of education shall reduce or increase by | 23632 |
| the respective amounts
certified | 23633 |
| taxes charged and payable that were used in computing the | 23634 |
| district's | 23635 |
| 23636 | |
| current calendar year and shall recompute
the | 23637 |
| payment for
such fiscal year. | 23638 |
| 23639 | |
| to one-half of the recomputed payments in lieu of the payments | 23640 |
| otherwise required
under | 23641 |
| the thirty-first day of July of the following fiscal year. | 23642 |
| (D) If a school district received a grant from the | 23643 |
| catastrophic expenditures account pursuant to division (C) of | 23644 |
| section 3316.20 of the Revised Code on the basis of the same | 23645 |
| circumstances for which a recomputation is made under this | 23646 |
| section, the amount of the recomputation shall be reduced and | 23647 |
| transferred in accordance with division (C) of section 3316.20 of | 23648 |
| the Revised Code. | 23649 |
| Sec. 3317.029. (A) As used in this section: | 23650 |
| (1)
" | 23651 |
| | 23652 |
| 23653 | |
| 23654 | |
| 23655 | |
| 23656 | |
| 23657 | |
| 23658 |
| | 23659 |
| children ages five to seventeen residing in the school district | 23660 |
| and living in a family that has family income not exceeding the | 23661 |
| federal poverty guidelines and that receives family assistance, as | 23662 |
| certified or adjusted under section 3317.10 of the Revised Code, | 23663 |
| divided by the district's three-year average formula ADM. | 23664 |
| (2) "Family assistance" means assistance received under one | 23665 |
| of the following: | 23666 |
| (a) The Ohio works first program; | 23667 |
| (b) The food stamp program; | 23668 |
| (c) The medical assistance program, including the healthy | 23669 |
| start program, established under Chapter 5111. of the Revised | 23670 |
| Code; | 23671 |
| (d) The children's health insurance program part I | 23672 |
| established under section 5101.50 of the Revised Code or, prior to | 23673 |
| fiscal year 2000, an executive order issued under section 107.17 | 23674 |
| of the Revised Code; | 23675 |
| (e) The disability financial assistance program established | 23676 |
| under
Chapter 5115. of the Revised Code | 23677 |
| | 23678 |
| 23679 |
| (3)
"Statewide | 23680 |
| | 23681 |
| 23682 | |
| 23683 | |
| 23684 | |
| 23685 | |
| 23686 |
| | 23687 |
| number of children ages five to seventeen residing in the state | 23688 |
| and living in a family that has family income not exceeding the | 23689 |
| federal poverty guidelines and that receives family assistance, | 23690 |
| divided by the sum of the three-year average formula ADMs for all | 23691 |
| school districts in the state. | 23692 |
| (4)
" | 23693 |
| dividing the
school district's | 23694 |
| statewide | 23695 |
| (5) "Federal poverty guidelines" has the same meaning as in | 23696 |
| section 5101.46 of the Revised Code. | 23697 |
| (6) " | 23698 |
| | 23699 |
| 23700 | |
| 23701 | |
| 23702 | |
| 23703 | |
| 23704 |
| | 23705 |
| children ages five to seventeen residing in the school district | 23706 |
| and living in a family that has family income not exceeding the | 23707 |
| federal poverty guidelines and that receives family assistance, as | 23708 |
| certified or adjusted under section 3317.10 of the Revised Code. | 23709 |
| (7) "Kindergarten ADM" means the number of students reported | 23710 |
| under section 3317.03 of the Revised Code as enrolled in | 23711 |
| kindergarten. | 23712 |
| (8) "Kindergarten through third grade ADM" means the amount | 23713 |
| calculated as follows: | 23714 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 23715 |
| all-day kindergarten percentage; | 23716 |
| (b) Add the number of students in grades one through three; | 23717 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 23718 |
| of this section the number of special education students in grades | 23719 |
| kindergarten through three. | 23720 |
| (9)
| 23721 |
| 23722 | |
| 23723 | |
| 23724 | |
| 23725 |
| | 23726 |
| is in session five days per week for not less than the same number | 23727 |
| of clock hours each day as for pupils in grades one through six. | 23728 |
| | 23729 |
| percentage of a district's actual total number of students | 23730 |
| enrolled in kindergarten who are enrolled in all-day kindergarten. | 23731 |
| | 23732 |
|
means | 23733 |
| | 23734 |
| 23735 | |
| 23736 | |
| 23737 | |
| 23738 |
| | 23739 |
| district with percentages of students in grades kindergarten | 23740 |
| through three receiving family assistance at least as high as the | 23741 |
| district-wide percentage of students receiving family assistance. | 23742 |
| | 23743 |
| department of job and family services under section 3317.10 of the | 23744 |
|
Revised
Code is insufficient to
determine
the
| 23745 |
| family assistance percentage in each building, "buildings with the | 23746 |
| highest concentration of need" has the meaning given in rules that | 23747 |
| the department of education shall adopt. The rules shall base the | 23748 |
| definition of "buildings with the highest concentration of need" | 23749 |
| on family income of students in grades kindergarten through three | 23750 |
| in a manner that, to the extent possible with available data, | 23751 |
|
approximates the intent of this
division
and
division | 23752 |
| this
section to designate buildings
where the
| 23753 |
| family assistance percentage in those grades equals or exceeds the | 23754 |
|
district-wide
| 23755 |
| (B) In addition to the amounts required to be paid to a | 23756 |
|
school district under section
3317.022 of the Revised Code, | 23757 |
| department of education shall compute and distribute to each | 23758 |
| school district | 23759 |
| greater of the amount the
district received in fiscal
year | 23760 |
| 2005 for disadvantaged pupil impact aid pursuant to | 23761 |
| 23762 | |
| Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly, | 23763 |
| as amended, or the sum of the computations made under divisions | 23764 |
| (C) to | 23765 |
| (C) A | 23766 |
| related to safety and security and for remediation or similar | 23767 |
| programs, if the district's poverty index is greater than or equal | 23768 |
| to 0.25, calculated as follows: | 23769 |
| | 23770 |
| 23771 | |
| 23772 | |
| 23773 |
| | 23774 |
| 23775 | |
| 23776 | |
| 23777 |
| | 23778 |
| 23779 | |
| 23780 | |
| 23781 | |
| 23782 | |
| 23783 |
| (1) If the district's poverty index is greater than or equal | 23784 |
| to 0.25, calculate the level-one amount as follows: | 23785 |
| (a) If the district's poverty index is greater than or equal | 23786 |
| to 0.25, but less than 1.25, determine the level-one amount per | 23787 |
| poverty student as follows: | 23788 |
| 23789 | |
| 23790 |
| (b) If the district's poverty index is greater than or equal | 23791 |
| to 1.25, the level-one amount per poverty student equals: | 23792 |
| 23793 |
| (c) Calculate the district's level-one payment as follows: | 23794 |
| 23795 | |
| 23796 | |
| 23797 |
| Where "multiple" equals 0.50 in fiscal year 2007. | 23798 |
| (2) If the district's poverty index is greater than or equal | 23799 |
| to 1.25, determine the level-two amount, which shall be paid in | 23800 |
| addition to the level-one amount, as follows: | 23801 |
| (a) If the district's poverty index is greater than or equal | 23802 |
| to 1.25, but less than 1.75, determine the level-two amount per | 23803 |
| poverty student, as follows: | 23804 |
| 23805 | |
| 23806 |
| (b) If the district's poverty index is greater than or equal | 23807 |
| to 1.75, the level-two amount per poverty student equals: | 23808 |
| 23809 |
| (c) Calculate the district's level-two payment as follows: | 23810 |
| 23811 | |
| 23812 | |
| 23813 |
| Where "multiple" equals 0.50 in fiscal year 2007. | 23814 |
| (D) A payment for all-day kindergarten if the
| 23815 |
| index of
the school district is greater
than or equal to | 23816 |
| or if the district's three-year average formula ADM exceeded | 23817 |
| seventeen thousand five hundred, calculated by multiplying the | 23818 |
| all-day kindergarten percentage by the kindergarten ADM and | 23819 |
| multiplying that product by the formula amount. | 23820 |
| (E) A class-size reduction payment based on calculating the | 23821 |
| number of new teachers necessary to achieve a lower | 23822 |
| student-teacher ratio, as follows: | 23823 |
| (1) Determine or calculate a formula number of teachers per | 23824 |
|
one
thousand students based on the
| 23825 |
| school district as follows: | 23826 |
| (a) If the | 23827 |
| than
| 23828 |
| 50.0, which is the number of teachers per one thousand students at | 23829 |
| a student-teacher
ratio
of | 23830 |
| (b) If the | 23831 |
| greater than
or equal to | 23832 |
| 23833 | |
| follows: | 23834 |
| 23835 |
| 23836 |
| Where | 23837 |
|
students at a student-teacher ratio of | 23838 |
| 23839 | |
| 1.0 to a
| 23840 |
| 16.667 is the difference in the number of teachers per one | 23841 |
| thousand students at a student-teacher ratio of fifteen to one and | 23842 |
| the number of teachers per one thousand students at a | 23843 |
| student-teacher ratio of | 23844 |
| (c) If the | 23845 |
| greater than
or equal to
| 23846 |
| of teachers is 66.667, which is the number of teachers per one | 23847 |
| thousand students at a student-teacher ratio of fifteen to one. | 23848 |
| (2) Multiply the formula number of teachers determined or | 23849 |
| calculated in division (E)(1) of this section by the kindergarten | 23850 |
| through third grade ADM for the district and divide that product | 23851 |
| by one thousand; | 23852 |
| (3) Calculate the number of new teachers as follows: | 23853 |
| (a) Multiply the kindergarten through third grade ADM by | 23854 |
| 23855 | |
| students
at a student-teacher ratio of
| 23856 |
| and divide that product by one thousand; | 23857 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 23858 |
| this section from the product in division (E)(2) of this section. | 23859 |
| (4) Multiply the greater of the difference obtained under | 23860 |
| division (E)(3) of this section or zero by the statewide average | 23861 |
| teachers salary. For this purpose, the "statewide average teacher | 23862 |
| salary" is $56,465 in fiscal year 2006 and $58,667 in fiscal year | 23863 |
| 2007, which includes an amount for the value of fringe benefits. | 23864 |
| (F) A payment for services to limited English proficient | 23865 |
| students, if the district's poverty index is greater than or equal | 23866 |
| to 1.0 and the proportion of its students who are limited English | 23867 |
| proficient, as reported in 2003 on its school district report | 23868 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 23869 |
| school year, is greater than or equal to 2.0%, calculated as | 23870 |
| follows: | 23871 |
| (1) If the district's poverty index is greater than or equal | 23872 |
| to 1.0, but less than 2.0, determine the amount per limited | 23873 |
| English proficient student as follows: | 23874 |
| 23875 | |
| 23876 |
| (2) If the district's poverty index is greater than or equal | 23877 |
| to 2.0, the amount per limited English proficient student equals: | 23878 |
| 23879 |
| (3) Multiply the per student amount determined for the | 23880 |
| district under division (F)(1) or (2) of this section by the | 23881 |
| number of the district's limited English proficient students, | 23882 |
| times a multiple of 0.50 in fiscal year 2007. For purposes of this | 23883 |
| calculation in fiscal year 2007, the number of limited English | 23884 |
| proficient students for each district shall be the number | 23885 |
| determined by the department when it calculated the district's | 23886 |
| percentage of limited English students for its school district | 23887 |
| report issued in 2003 for the 2002-2003 school year. | 23888 |
| Not later than December 31, 2006, the department of education | 23889 |
| shall recommend to the general assembly and the director of budget | 23890 |
| and management a method of identifying the number of limited | 23891 |
| English proficient students for purposes of calculating payments | 23892 |
| under this division after fiscal year 2007. | 23893 |
| (G) A payment for professional development of teachers, if | 23894 |
| the district's poverty index is greater than or equal to 1.0, | 23895 |
| calculated as follows: | 23896 |
| (1) If the district's poverty index is greater than or equal | 23897 |
| to 1.0, but less than 2.0, determine the amount per teacher as | 23898 |
| follows: | 23899 |
| 23900 |
| (2) If the district's poverty index is greater than or equal | 23901 |
| to 2.0, the amount per teacher equals: | 23902 |
| 23903 |
| (3) Determine the number of teachers, as follows: | 23904 |
| 23905 |
| (4) Multiply the per teacher amount determined for the | 23906 |
| district under division (G)(1) or (2) of this section by the | 23907 |
| number of teachers determined under division (G)(3) of this | 23908 |
| section, times a multiple of 0.50 in fiscal year 2007. | 23909 |
| (H) A payment for dropout prevention, if the district is a | 23910 |
| big eight school district as defined in section 3314.02 of the | 23911 |
| Revised Code, calculated as follows: | 23912 |
| 23913 |
| 23914 |
| Where "multiple" equals 0.50 in fiscal year 2007. | 23915 |
| (I) An amount for community outreach, if the district is an | 23916 |
| urban school district as defined in section 3314.02 of the Revised | 23917 |
| Code, calculated as follows: | 23918 |
| 23919 |
| 23920 |
| Where: | 23921 |
| (1) "Community liaison personnel allowance" equals $42,729 in | 23922 |
| fiscal year 2006 and $44,396 in fiscal year 2007, which includes | 23923 |
| an amount for the value of fringe benefits. | 23924 |
| (2) "Multiple" equals 0.50 in fiscal year 2007. | 23925 |
| (J) This division applies only to school districts whose
| 23926 |
| poverty index is | 23927 |
| (1) Each school district subject to this division shall first | 23928 |
| utilize funds received under this section so that, when combined | 23929 |
| with other funds of the district, sufficient funds exist to | 23930 |
| provide all-day kindergarten to at least the number of children in | 23931 |
| the district's all-day kindergarten percentage. | 23932 |
| (2) | 23933 |
| 23934 | |
| 23935 | |
| 23936 | |
| (F) of this section for one or more of the following purposes: | 23937 |
| (a) To hire teachers for limited English proficient students | 23938 |
| or other personnel to provide intervention services for those | 23939 |
| students; | 23940 |
| (b) To contract for intervention services for those students; | 23941 |
| (c) To provide other services to assist those students in | 23942 |
| passing the third-grade reading achievement test, and to provide | 23943 |
| for those students the intervention services required by section | 23944 |
| 3313.608 of the Revised Code. | 23945 |
| (3) Each school district may, but is not required to, use all | 23946 |
| or part of its payment under division (G) of this section for | 23947 |
| professional development of teachers or other licensed personnel | 23948 |
| providing educational services to students. Each district that | 23949 |
| elects to use its payment under division (G) of this section for | 23950 |
| that purpose shall use the payment to provide professional | 23951 |
| development only in one or more of the following areas: | 23952 |
| (a) Data-based decision making; | 23953 |
| (b) Standards-based curriculum models; | 23954 |
| (c) Job-embedded professional development activities that are | 23955 |
| research-based, as defined in federal law. | 23956 |
| In addition, each district that elects to use its payment | 23957 |
| under division (G) of this section for such professional | 23958 |
| development shall use the payment only to implement programs | 23959 |
| identified on a list of eligible professional development programs | 23960 |
| provided by the department of education. The department annually | 23961 |
| shall provide the list to each district receiving a payment under | 23962 |
| division (G) of this section. However, a district may apply to the | 23963 |
| department for a waiver to implement an alternative professional | 23964 |
| development program in one or more of the areas specified in | 23965 |
| divisions (J)(3)(a) to (c) of this section. If the department | 23966 |
| grants the waiver, the district may use its payment under division | 23967 |
| (G) of this section to implement the alternative program. | 23968 |
| (4) Each big eight school district shall use its payment | 23969 |
| under division (H) of this section either for preventing at-risk | 23970 |
| students from dropping out of school or for the safety, security, | 23971 |
| or remediation activities described in divisions (J)(6)(a) and (b) | 23972 |
| of this section, or for a combination of those purposes. Not later | 23973 |
| than September 1, 2006, the department of education shall provide | 23974 |
| each big eight school district with a list of dropout prevention | 23975 |
| programs that it has determined are successful. The department | 23976 |
| subsequently may update the list. Each district that elects to use | 23977 |
| its payment under division (H) of this section for dropout | 23978 |
| prevention shall use the payment only to implement a dropout | 23979 |
| prevention program specified on the department's list. However, a | 23980 |
| district may apply to the department for a waiver to implement an | 23981 |
| alternative dropout prevention program. If the department grants | 23982 |
| the waiver, the district may use its payment under division (H) of | 23983 |
| this section to implement the alternative program. | 23984 |
| (5) Each urban school district that has a poverty index | 23985 |
| greater than or equal to 1.0 shall use its payment under division | 23986 |
| (I) of this section either to hire or contract for community | 23987 |
| liaison officers, attendance or truant officers, or safety and | 23988 |
| security personnel, or for the safety, security, or remediation | 23989 |
| activities described in divisions (J)(6)(a) and (b) of this | 23990 |
| section, or for a combination of those purposes. | 23991 |
| (6) Each school district with a poverty index greater than or | 23992 |
| equal to 1.0 shall use the amount of its payment under division | 23993 |
| (C) of this section, plus any amount of its payment under division | 23994 |
| (H) of this section that it does not use for dropout prevention | 23995 |
| programs as described in division (J)(4) of this section, plus any | 23996 |
| amount of its payment under division (I) of this section that it | 23997 |
| does not use for the community outreach purposes described in | 23998 |
| division (J)(5) of this section, for one or both of the following: | 23999 |
| (a) Programs designed to ensure that schools are free of | 24000 |
| drugs and violence and have a disciplined environment conducive to | 24001 |
| learning; | 24002 |
| (b) Remediation for students who have failed or are in danger | 24003 |
| of failing any of the tests administered pursuant to section | 24004 |
| 3301.0710 of the Revised Code. | 24005 |
| | 24006 |
| 24007 | |
| its payment under division (G) of this section for the activities | 24008 |
| described in divisions (J)(6)(a) and (b) of this section. | 24009 |
| Each school district shall use at least twenty per cent of | 24010 |
| the
funds set aside for the purposes of divisions | 24011 |
| and (b) of this section to provide intervention services required | 24012 |
| by section 3313.608 of the Revised Code. | 24013 |
| | 24014 |
|
permitted under division | 24015 |
| remaining funds distributed under this section to districts | 24016 |
| 24017 | |
| equal to 1.0 shall be utilized for the purpose of the third grade | 24018 |
| guarantee. The third grade guarantee consists of increasing the | 24019 |
| amount of instructional attention received per pupil in | 24020 |
| kindergarten through third grade, either by reducing the ratio of | 24021 |
| students to instructional personnel or by increasing the amount of | 24022 |
| instruction and curriculum-related activities by extending the | 24023 |
| length of the school day or the school year. | 24024 |
| School districts may implement a reduction of the ratio of | 24025 |
| students to instructional personnel through any or all of the | 24026 |
| following methods: | 24027 |
| (a) Reducing the number of students in a classroom taught by | 24028 |
| a single teacher; | 24029 |
| (b) Employing full-time educational aides or educational | 24030 |
| paraprofessionals issued a permit or license under section | 24031 |
| 3319.088 of the Revised Code; | 24032 |
| (c) Instituting a team-teaching method that will result in a | 24033 |
| lower student-teacher ratio in a classroom. | 24034 |
| Districts may extend the school day either by increasing the | 24035 |
| amount of time allocated for each class, increasing the number of | 24036 |
| classes provided per day, offering optional academic-related | 24037 |
| after-school programs, providing curriculum-related extra | 24038 |
| curricular activities, or establishing tutoring or remedial | 24039 |
| services for students who have demonstrated an educational need. | 24040 |
| In accordance with section 3319.089 of the Revised Code, a | 24041 |
| district extending the school day pursuant to this division may | 24042 |
| utilize a participant of the work experience program who has a | 24043 |
| child enrolled in a public school in that district and who is | 24044 |
| fulfilling the work requirements of that program by volunteering | 24045 |
| or working in that public school. If the work experience program | 24046 |
| participant is compensated, the school district may use the funds | 24047 |
| distributed under this section for all or part of the | 24048 |
| compensation. | 24049 |
| Districts may extend the school year either through adding | 24050 |
| regular days of instruction to the school calendar or by providing | 24051 |
| summer programs. | 24052 |
| | 24053 |
| shall not expend any funds received under division (E) of this | 24054 |
| section in any school buildings that are not buildings with the | 24055 |
| highest concentration of need, unless there is a ratio of | 24056 |
| instructional personnel to students of no more than fifteen to one | 24057 |
| in each kindergarten and first grade class in all buildings with | 24058 |
| the highest concentration of need. This division does not require | 24059 |
| that the funds used in buildings with the highest concentration of | 24060 |
| need be spent solely to reduce the ratio of instructional | 24061 |
| personnel to students in kindergarten and first grade. A school | 24062 |
| district may spend the funds in those buildings in any manner | 24063 |
|
permitted by division
| 24064 |
| spend the money in other buildings unless the fifteen-to-one ratio | 24065 |
| required by this division is attained. | 24066 |
| | 24067 |
| each school district wishing to receive any funds under division | 24068 |
| (D) of this section shall submit to the department of education an | 24069 |
| estimate of its all-day kindergarten percentage. Each district | 24070 |
| shall update its estimate throughout the fiscal year in the form | 24071 |
| and manner required by the department, and the department shall | 24072 |
| adjust payments under this section to reflect the updates. | 24073 |
| (2) Annually by the end of December, the department of | 24074 |
| education, utilizing data from the information system established | 24075 |
| under section 3301.0714 of the Revised Code and after consultation | 24076 |
| with the legislative office of education oversight, shall | 24077 |
|
determine for each school district subject to division | 24078 |
| this section whether in the preceding fiscal year the district's | 24079 |
| ratio of instructional personnel to students and its number of | 24080 |
| kindergarten students receiving all-day kindergarten appear | 24081 |
| reasonable, given the amounts of money the district received for | 24082 |
| that fiscal year pursuant to divisions (D) and (E) of this | 24083 |
| section. If the department is unable to verify from the data | 24084 |
| available that students are receiving reasonable amounts of | 24085 |
| instructional attention and all-day kindergarten, given the funds | 24086 |
| the district has received under this section and that class-size | 24087 |
| reduction funds are being used in school buildings with the | 24088 |
|
highest concentration of
need as required by division | 24089 |
| this section, the department shall conduct a more intensive | 24090 |
| investigation to ensure that funds have been expended as required | 24091 |
| by this section. The department shall file an annual report of its | 24092 |
| findings under this division with the chairpersons of the | 24093 |
| committees in each house of the general assembly dealing with | 24094 |
| finance and education. | 24095 |
| | 24096 |
| less than | 24097 |
| seventeen thousand five hundred shall first utilize funds received | 24098 |
| under this section so that, when combined with other funds of the | 24099 |
| district, sufficient funds exist to provide all-day kindergarten | 24100 |
| to at least the number of children in the district's all-day | 24101 |
|
kindergarten
percentage.
| 24102 |
| (2) Each school district with a poverty index less than 1.0 | 24103 |
| that receives a payment under division (I) of this section shall | 24104 |
| use its payment under that division for one or both of the | 24105 |
| following purposes: | 24106 |
| (a) To hire or contract for community liaison officers, | 24107 |
| attendance or truant officers, or safety and security personnel; | 24108 |
| (b) To implement any of the safety, security, or remediation | 24109 |
| activities described in divisions (J)(6)(a) and (b) of this | 24110 |
| section. | 24111 |
| (3) Each school district to which division (M)(1) or (2) of | 24112 |
| this section applies shall expend | 24113 |
| remaining funds received under this section, and any other | 24114 |
|
district with a
| 24115 |
| 24116 | |
| section, for any of the following purposes: | 24117 |
| | 24118 |
| for remediation; | 24119 |
| | 24120 |
| | 24121 |
| through three, as described in division (J)(7) of this section; | 24122 |
| | 24123 |
| | 24124 |
| of education under division (J)(4) of this section; | 24125 |
| | 24126 |
| progress to more advanced work; | 24127 |
| | 24128 |
| | 24129 |
| | 24130 |
| | 24131 |
| described by the department of education; | 24132 |
| | 24133 |
| drugs and violence and have a disciplined environment conducive to | 24134 |
| learning; | 24135 |
| | 24136 |
| of instruction, except for the necessary textbooks or electronic | 24137 |
| textbooks required to be furnished without charge pursuant to | 24138 |
| section 3329.06 of the Revised Code, to pupils living in families | 24139 |
| participating in Ohio works first in accordance with section | 24140 |
| 3313.642 of the Revised Code; | 24141 |
| | 24142 |
| 3313.813 of the Revised Code. | 24143 |
| | 24144 |
| 24145 | |
| 24146 |
| | 24147 |
| instruction determines that a school district receiving funds | 24148 |
| under division (D) of this section has enrolled less than the | 24149 |
| all-day kindergarten percentage reported for that fiscal year, the | 24150 |
| superintendent shall withhold from the funds otherwise due the | 24151 |
| district under this section a proportional amount as determined by | 24152 |
| the difference in the certified all-day kindergarten percentage | 24153 |
| and the percentage actually enrolled in all-day kindergarten. | 24154 |
| The superintendent shall also withhold an appropriate amount | 24155 |
| of funds otherwise due a district for any other misuse of funds | 24156 |
| not in accordance with this section. | 24157 |
| | 24158 |
| calculated for it under division (D) of this section to modify or | 24159 |
| purchase classroom space to provide all-day kindergarten, if both | 24160 |
| of the following conditions are met: | 24161 |
| (a) The district certifies to the department, in a manner | 24162 |
| acceptable to the department, that it has a shortage of space for | 24163 |
| providing all-day kindergarten. | 24164 |
| (b) The district provides all-day kindergarten to the number | 24165 |
| of children in the all-day kindergarten percentage it certified | 24166 |
| under this section. | 24167 |
| (2) A district may use a portion of the funds described in | 24168 |
|
division | 24169 |
| classroom space to enable it to further reduce class size in | 24170 |
| grades kindergarten through two with a goal of attaining class | 24171 |
| sizes of fifteen students per licensed teacher. To do so, the | 24172 |
| district must certify its need for additional space to the | 24173 |
| department, in a manner satisfactory to the department. | 24174 |
| Sec. 3317.0212. Division (B) of this section does not apply | 24175 |
| to a school district with a formula ADM of one hundred fifty or | 24176 |
| less. | 24177 |
| (A) As used in this section: | 24178 |
| (1) "Fundamental FY 1997 state aid" or "fundamental FY 1998 | 24179 |
| state aid" for a district means the total amount of state money | 24180 |
| received by the district for the applicable fiscal year as | 24181 |
| reported on the department of education's form "SF-12," adjusted | 24182 |
| as follows: | 24183 |
| (a) Minus the amount for transportation; | 24184 |
| (b) Minus any amounts for approved preschool handicapped | 24185 |
| units; | 24186 |
| (c) Minus any additional amount attributable to the | 24187 |
| reappraisal guarantee of division (C) of section 3317.04 of the | 24188 |
| Revised Code; | 24189 |
| (d) Plus the amount deducted for payments to an educational | 24190 |
| service center; | 24191 |
| (e) Plus an estimated portion of the state money distributed | 24192 |
| in the applicable fiscal year to other school districts or | 24193 |
| educational service centers for approved units, other than | 24194 |
| preschool handicapped or gifted education units, attributable to | 24195 |
| the costs of providing services in those units to students | 24196 |
| entitled to attend school in the district; | 24197 |
| (f) Minus an estimated portion of the state money distributed | 24198 |
| to the school district in the applicable fiscal year for approved | 24199 |
| units, other than preschool handicapped units or gifted education | 24200 |
| units, attributable to the costs of providing services in those | 24201 |
| units to students entitled to attend school in another school | 24202 |
| district; | 24203 |
| (g) Plus any additional amount paid in the applicable fiscal | 24204 |
| year pursuant to the vocational education recomputation required | 24205 |
| by Section 45.12 of Amended Substitute House Bill No. 117 of the | 24206 |
| 121st general assembly or former Section 50.22 of Amended | 24207 |
| Substitute House Bill No. 215 of the 122nd general assembly; | 24208 |
| (h) Plus any additional amount paid in the applicable fiscal | 24209 |
| year pursuant to the special education recomputation required by | 24210 |
| former division (I) of section 3317.023 of the Revised Code; | 24211 |
| (i) Plus any amount paid for equity aid in the applicable | 24212 |
| fiscal year under former section 3317.0213 of the Revised Code; | 24213 |
| (j) Plus any amount received for the applicable fiscal year | 24214 |
| pursuant to section 3317.027 of the Revised Code; | 24215 |
| (k) Plus any amount received for the applicable fiscal year | 24216 |
| resulting from a recomputation made under division (B) of section | 24217 |
| 3317.022 of the Revised Code, as that section existed in the | 24218 |
| applicable fiscal year. | 24219 |
| (2) "State basic aid" for a district for any fiscal year | 24220 |
| after fiscal year 1999 means the sum of the following: | 24221 |
| (a) The amount computed for the district for base cost | 24222 |
| funding, special education funding, and vocational education | 24223 |
| funding under divisions (A), (C)(1) and (4), and (E) of section | 24224 |
| 3317.022 and sections 3317.025 and 3317.027 of the Revised Code | 24225 |
|
and | 24226 |
| the Revised Code in the current fiscal year before any deduction | 24227 |
| or credit required by division (B), (D), (E), (F), (G), (H), (I), | 24228 |
| (J),
(K), | 24229 |
| 24230 |
| (b) Any amounts for which the district is eligible pursuant | 24231 |
| to division (C) of section 3317.023, divisions (G), (P), and (R) | 24232 |
| of section 3317.024, and the supplemental unit allowance paid for | 24233 |
| gifted units under division (B) of section 3317.053 of the Revised | 24234 |
| Code | 24235 |
| | 24236 |
| 24237 |
| (B) Upon request of the department of education, the | 24238 |
| treasurer of any school district or educational service center | 24239 |
| shall furnish data needed to calculate the amounts specified in | 24240 |
| divisions (A)(1)(e) and (f) of this section. The department shall | 24241 |
| compute and pay the state basic aid guarantee for each school | 24242 |
| district for the fiscal year as follows: | 24243 |
| (1) Subtract the amount of state basic aid from the amount of | 24244 |
| fundamental FY 1998 state aid. If a negative number, this | 24245 |
| computation shall be deemed to be zero. | 24246 |
| (2) Pay the district the following: | 24247 |
| (a) In any fiscal year prior to fiscal year 2007, any | 24248 |
| positive amount calculated under division (B)(1) of this section; | 24249 |
| (b) In fiscal year 2007, any positive amount calculated under | 24250 |
| division (B)(1) of this section times 0.50. | 24251 |
| (C)(1) The state basic aid guarantee in any fiscal year for a | 24252 |
| school district with a formula ADM of one hundred fifty or less | 24253 |
| shall be the greatest of the following amounts: | 24254 |
| (a) The district's state basic aid for the fiscal year; | 24255 |
| (b) The district's fundamental FY 1998 state aid; | 24256 |
| (c) The district's fundamental FY 1997 state aid. | 24257 |
| (2) If in any fiscal year the state basic aid for a school | 24258 |
| district with a formula ADM of one hundred fifty or less is less | 24259 |
| than the guarantee amount determined for the district under | 24260 |
| division (C)(1) of this section, the department of education shall | 24261 |
| pay the district the amount of the difference. | 24262 |
| Sec. 3317.0216. (A) As used in this section: | 24263 |
| (1) "Total taxes charged and payable for current expenses" | 24264 |
| means the sum of the taxes charged and payable as certified under | 24265 |
| division (A)(3)(a) of section 3317.021 of the Revised Code less | 24266 |
| any amounts reported under division (A)(3)(b) of that section, and | 24267 |
| the tax distribution for the preceding year under any school | 24268 |
| district income tax levied by the district pursuant to Chapter | 24269 |
| 5748. of the Revised Code to the extent the revenue from the | 24270 |
| income tax is allocated or apportioned to current expenses. | 24271 |
| (2)
"Charge-off amount" means | 24272 |
| 24273 | |
| of recognized valuation and incentive district tax-exempt value)] | 24274 |
| plus (fifty per cent multiplied by payments in lieu of taxes). | 24275 |
| (3) Until fiscal year 2003, the "actual local share of | 24276 |
| special education, transportation, and vocational education | 24277 |
| funding" for any school district means the sum of the district's | 24278 |
| attributed local shares described in divisions (F)(1) to (3) of | 24279 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 24280 |
| 2003, the "actual local share of special education, | 24281 |
| transportation, and vocational education funding" means that sum | 24282 |
| minus the amount of any excess cost supplement payment calculated | 24283 |
| for the district under division (F) of section 3317.022 of the | 24284 |
| Revised Code. | 24285 |
| (B) Upon receiving the certifications under section 3317.021 | 24286 |
| of the Revised Code, the department of education shall determine | 24287 |
| for each city, local, and exempted village school district whether | 24288 |
| the district's charge-off amount is greater than the district's | 24289 |
| total taxes charged and payable for current expenses, and if it | 24290 |
| is, shall pay the district the amount of the difference. A payment | 24291 |
| shall not be made to any school district for which the computation | 24292 |
| under division (A) of section 3317.022 of the Revised Code equals | 24293 |
| zero. | 24294 |
| (C)(1) If a district's charge-off amount is equal to or | 24295 |
| greater than its total taxes charged and payable for current | 24296 |
| expenses, the department shall, in addition to the payment | 24297 |
| required under division (B) of this section, pay the district the | 24298 |
| amount of its actual local share of special education, | 24299 |
| transportation, and vocational education funding. | 24300 |
| (2) If a district's charge-off amount is less than its total | 24301 |
| taxes charged and payable for current expenses, the department | 24302 |
| shall pay the district any amount by which its actual local share | 24303 |
| of special education, transportation, and vocational education | 24304 |
| funding exceeds its total taxes charged and payable for current | 24305 |
| expenses minus its charge-off amount. | 24306 |
| (D) If a school district that received a payment under | 24307 |
| division (B) or (C) of this section in the prior fiscal year is | 24308 |
| ineligible for payment under those divisions in the current fiscal | 24309 |
| year, the department shall determine if the ineligibility is the | 24310 |
| result of a property tax or income tax levy approved by the | 24311 |
| district's voters to take effect in tax year 2005 or thereafter. | 24312 |
| If the department determines that is the case, and calculates that | 24313 |
| the levy causing the ineligibility exceeded by at least one mill | 24314 |
| the equivalent millage of the prior year's payment under divisions | 24315 |
| (B) and (C) of this section, the department shall make a payment | 24316 |
| to the district for the first three years that the district loses | 24317 |
| eligibility for payment under divisions (B) and (C) of this | 24318 |
| section, as follows: | 24319 |
| (1) In the first year of ineligibility, the department shall | 24320 |
| pay the district seventy-five per cent of the amount it last paid | 24321 |
| the district under divisions (B) and (C) of this section. | 24322 |
| (2) In the second year of ineligibility, the department shall | 24323 |
| pay the district fifty per cent of the amount it last paid the | 24324 |
| district under those divisions. | 24325 |
| (3) In the third year of ineligibility, the department shall | 24326 |
| pay the district twenty-five per cent of the amount it last paid | 24327 |
| the district under those divisions. | 24328 |
| (E) A district that receives payment under division (D) of | 24329 |
| this section and subsequently qualifies for payment under division | 24330 |
| (B) or (C) of this section is ineligible for future payments under | 24331 |
| division (D) of this section. | 24332 |
| Sec. 3317.0217. The department of education shall annually | 24333 |
| compute and pay state parity aid to school districts, as follows: | 24334 |
| (A) Calculate the local wealth per pupil of each school | 24335 |
| district, which equals the following sum: | 24336 |
| (1) Two-thirds times the quotient of (a) the district's | 24337 |
| recognized valuation divided by (b) its adjusted formula ADM; plus | 24338 |
| (2) One-third times the quotient of (a) the average of the | 24339 |
| total federal adjusted gross income of the school district's | 24340 |
| residents for the three years most recently reported under section | 24341 |
| 3317.021 of the Revised Code divided by (b) its adjusted formula | 24342 |
| ADM. | 24343 |
| (B) Rank all school districts in order of local wealth per | 24344 |
| pupil, from the district with the lowest local wealth per pupil to | 24345 |
| the district with the highest local wealth per pupil. | 24346 |
| (C) Compute the per pupil state parity aid funding for each | 24347 |
| school district in accordance with the following formula: | 24348 |
| 24349 |
| 24350 |
| 24351 |
| Where: | 24352 |
| (1) "Payment percentage," for purposes of division (C) of | 24353 |
| this section, equals 20% in fiscal year 2002, 40% in fiscal year | 24354 |
|
2003, 58% in fiscal year 2004, 76% in fiscal year
2005, | 24355 |
| 24356 | |
| year 2007. | 24357 |
| (2) Nine and one-half mills (0.0095) is the general | 24358 |
| assembly's determination of the average number of effective | 24359 |
| operating mills that districts in the seventieth to ninetieth | 24360 |
| percentiles of valuations per pupil collected in fiscal year 2001 | 24361 |
| above the revenues required to finance their attributed local | 24362 |
| shares of the calculated cost of an adequate education. This was | 24363 |
| determined by (a) adding the district revenues from operating | 24364 |
| property tax levies and income tax levies, (b) subtracting from | 24365 |
| that total the sum of (i) twenty-three mills times adjusted | 24366 |
| recognized valuation plus (ii) the attributed local shares of | 24367 |
| special education, transportation, and vocational education | 24368 |
| funding as described in divisions (F)(1) to (3) of section | 24369 |
| 3317.022 of the Revised Code, and (c) converting the result to an | 24370 |
| effective operating property tax rate. | 24371 |
| (3) The "threshold local wealth per pupil" is the local | 24372 |
| wealth per pupil of the school district with the | 24373 |
| four-hundred-ninetieth lowest local wealth per pupil. | 24374 |
| If the result of the calculation for a school district under | 24375 |
| division (C) of this section is less than zero, the district's per | 24376 |
| pupil parity aid shall be zero. | 24377 |
| (D) Compute the per pupil alternative parity aid for each | 24378 |
| school district that has a combination of an income factor of 1.0 | 24379 |
|
or less, a | 24380 |
| 2006 cost-of-doing-business factor of 1.0375 or greater, in | 24381 |
| accordance with the following formula: | 24382 |
| 24383 |
| 24384 |
| Where: | 24385 |
| (1) " | 24386 |
| 3317.029 of the Revised Code. | 24387 |
| (2) "Payment percentage," for purposes of division (D) of | 24388 |
| this section, equals 50% in fiscal year 2002 and 100% after fiscal | 24389 |
| year 2002. | 24390 |
| (E) Pay each district that has a combination of an income | 24391 |
|
factor of 1.0 or less, a | 24392 |
| a fiscal year 2006 cost-of-doing-business factor of 1.0375 or | 24393 |
| greater, the greater of the following: | 24394 |
| (1) The product of the district's per pupil parity aid | 24395 |
| calculated under division (C) of this section times its formula | 24396 |
| ADM; | 24397 |
| (2) The product of its per pupil alternative parity aid | 24398 |
| calculated under division (D) of this section times its formula | 24399 |
| ADM. | 24400 |
| (F) Pay every other district the product of its per pupil | 24401 |
| parity aid calculated under division (C) of this section times its | 24402 |
| formula ADM. | 24403 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 24404 |
| (C) of this section, any student enrolled in kindergarten more | 24405 |
| than half time shall be reported as one-half student under this | 24406 |
| section. | 24407 |
| (A) The superintendent of each city and exempted village | 24408 |
| school district and of each educational service center shall, for | 24409 |
| the schools under the superintendent's supervision, certify to the | 24410 |
| state board of education on or before the fifteenth day of October | 24411 |
| in each year for the first full school week in October the formula | 24412 |
|
ADM | 24413 |
| also shall certify to the state board, for the schools under the | 24414 |
| superintendent's supervision, the formula ADM for the week | 24415 |
| established for regular administration of the achievement tests | 24416 |
| prescribed under divisions (A)(1)(b) to (f) of section 3301.0710 | 24417 |
| of the Revised Code. Each superintendent shall certify the second | 24418 |
| annual formula ADM no later than two weeks after the regular test | 24419 |
| administration. The formula ADM shall consist of the average daily | 24420 |
| membership during such week of the sum of the following: | 24421 |
| (1) On an FTE basis, the number of students in grades | 24422 |
| kindergarten through twelve receiving any educational services | 24423 |
| from the district, except that the following categories of | 24424 |
| students shall not be included in the determination: | 24425 |
| (a) Students enrolled in adult education classes; | 24426 |
| (b) Adjacent or other district students enrolled in the | 24427 |
| district under an open enrollment policy pursuant to section | 24428 |
| 3313.98 of the Revised Code; | 24429 |
| (c) Students receiving services in the district pursuant to a | 24430 |
| compact, cooperative education agreement, or a contract, but who | 24431 |
| are entitled to attend school in another district pursuant to | 24432 |
| section 3313.64 or 3313.65 of the Revised Code; | 24433 |
| (d) Students for whom tuition is payable pursuant to sections | 24434 |
| 3317.081 and 3323.141 of the Revised Code. | 24435 |
| (2) On an FTE basis, the number of students entitled to | 24436 |
| attend school in the district pursuant to section 3313.64 or | 24437 |
| 3313.65 of the Revised Code, but receiving educational services in | 24438 |
| grades kindergarten through twelve from one or more of the | 24439 |
| following entities: | 24440 |
| (a) A community school pursuant to Chapter 3314. of the | 24441 |
| Revised Code, including any participation in a college pursuant to | 24442 |
| Chapter 3365. of the Revised Code while enrolled in such community | 24443 |
|
school | 24444 |
| computer-based community school as defined in section 3314.02 of | 24445 |
| the Revised Code. No school district shall include in formula ADM | 24446 |
| any enrollment in an internet- or computer-based community school. | 24447 |
| (b) An alternative school pursuant to sections 3313.974 to | 24448 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 24449 |
| (b) of this section; | 24450 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 24451 |
| except when the student is enrolled in the college while also | 24452 |
| enrolled in a community school pursuant to Chapter 3314. of the | 24453 |
| Revised Code; | 24454 |
| (d) An adjacent or other school district under an open | 24455 |
| enrollment policy adopted pursuant to section 3313.98 of the | 24456 |
| Revised Code; | 24457 |
| (e) An educational service center or cooperative education | 24458 |
| district; | 24459 |
| (f) Another school district under a cooperative education | 24460 |
| agreement, compact, or contract. | 24461 |
| (3) Twenty per cent of the number of students enrolled in a | 24462 |
| joint vocational school district or under a vocational education | 24463 |
| compact, excluding any students entitled to attend school in the | 24464 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 24465 |
| are enrolled in another school district through an open enrollment | 24466 |
| policy as reported under division (A)(2)(d) of this section and | 24467 |
| then enroll in a joint vocational school district or under a | 24468 |
| vocational education compact; | 24469 |
| (4) The number of handicapped children, other than | 24470 |
| handicapped preschool children, entitled to attend school in the | 24471 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 24472 |
| Code who are placed with a county MR/DD board, minus the number of | 24473 |
| such children placed with a county MR/DD board in fiscal year | 24474 |
| 1998. If this calculation produces a negative number, the number | 24475 |
| reported under division (A)(4) of this section shall be zero. | 24476 |
| (B) To enable the department of education to obtain the data | 24477 |
| needed to complete the calculation of payments pursuant to this | 24478 |
| chapter, in addition to the formula ADM, each superintendent shall | 24479 |
| report separately the following student counts for the same week | 24480 |
| for which formula ADM is certified: | 24481 |
| (1) The total average daily membership in regular day classes | 24482 |
| included in the report under division (A)(1) or (2) of this | 24483 |
| section for kindergarten, and each of grades one through twelve in | 24484 |
| schools under the superintendent's supervision; | 24485 |
| (2) The number of all handicapped preschool children enrolled | 24486 |
| as of the first day of December in classes in the district that | 24487 |
| are eligible for approval under division (B) of section 3317.05 of | 24488 |
| the Revised Code and the number of those classes, which shall be | 24489 |
| reported not later than the fifteenth day of December, in | 24490 |
| accordance with rules adopted under that section; | 24491 |
| (3) The number of children entitled to attend school in the | 24492 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 24493 |
|
Code who are | 24494 |
| (a) Participating in a pilot project scholarship program | 24495 |
| established under sections 3313.974 to 3313.979 of the Revised | 24496 |
|
Code as described in division
(I)(2)(a) or (b) of this section | 24497 |
| 24498 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 24499 |
| Code, except when the student is enrolled in the college while | 24500 |
| also enrolled in a community school pursuant to Chapter 3314. of | 24501 |
| the
Revised Code | 24502 |
| (c) Enrolled in an adjacent or other school district under | 24503 |
| section 3313.98 of the Revised Code | 24504 |
| (d) Enrolled in a community school established under Chapter | 24505 |
| 3314. of the Revised Code that is not an internet- or | 24506 |
| computer-based community school as defined in section 3314.02 of | 24507 |
| the Revised Code, including any participation in a college | 24508 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 24509 |
| such community
school | 24510 |
| (e) Enrolled in an internet- or computer-based community | 24511 |
| school, as defined in section 3314.02 of the Revised Code, | 24512 |
| including any participation in a college pursuant to Chapter 3365. | 24513 |
| of the Revised Code while enrolled in the school; | 24514 |
| (f) Enrolled in a registered private school with a | 24515 |
| scholarship paid under section 3310.08 of the Revised Code; | 24516 |
| (g) Participating in a program operated by a county MR/DD | 24517 |
| board or a state institution; | 24518 |
| (4) The number of pupils enrolled in joint vocational | 24519 |
| schools; | 24520 |
| (5) The average daily membership of handicapped children | 24521 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24522 |
| receiving special education services for the category one handicap | 24523 |
| described in division (A) of section 3317.013 of the Revised Code; | 24524 |
| (6) The average daily membership of handicapped children | 24525 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24526 |
| receiving special education services for category two handicaps | 24527 |
| described in division (B) of section 3317.013 of the Revised Code; | 24528 |
| (7) The average daily membership of handicapped children | 24529 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24530 |
| receiving special education services for category three handicaps | 24531 |
| described in division (C) of section 3317.013 of the Revised Code; | 24532 |
| (8) The average daily membership of handicapped children | 24533 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24534 |
| receiving special education services for category four handicaps | 24535 |
| described in division (D) of section 3317.013 of the Revised Code; | 24536 |
| (9) The average daily membership of handicapped children | 24537 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24538 |
| receiving special education services for the category five | 24539 |
| handicap described in division (E) of section 3317.013 of the | 24540 |
| Revised Code; | 24541 |
| (10) The average daily membership of handicapped children | 24542 |
| reported under division (A)(1) or (2) or (B)(3)(e) of this section | 24543 |
| receiving special education services for category six handicaps | 24544 |
| described in division (F) of section 3317.013 of the Revised Code; | 24545 |
| (11) The average daily membership of pupils reported under | 24546 |
| division (A)(1) or (2) of this section enrolled in category one | 24547 |
| vocational education programs or classes, described in division | 24548 |
| (A) of section 3317.014 of the Revised Code, operated by the | 24549 |
| school district or by another district, other than a joint | 24550 |
| vocational school district, or by an educational service center; | 24551 |
| (12) The average daily membership of pupils reported under | 24552 |
| division (A)(1) or (2) of this section enrolled in category two | 24553 |
| vocational education programs or services, described in division | 24554 |
| (B) of section 3317.014 of the Revised Code, operated by the | 24555 |
| school district or another school district, other than a joint | 24556 |
| vocational school district, or by an educational service center; | 24557 |
| (13) The average number of children transported by the school | 24558 |
| district on board-owned or contractor-owned and -operated buses, | 24559 |
| reported in accordance with rules adopted by the department of | 24560 |
| education; | 24561 |
| (14)(a) The number of children, other than handicapped | 24562 |
| preschool children, the district placed with a county MR/DD board | 24563 |
| in fiscal year 1998; | 24564 |
| (b) The number of handicapped children, other than | 24565 |
| handicapped preschool children, placed with a county MR/DD board | 24566 |
| in the current fiscal year to receive special education services | 24567 |
| for the category one handicap described in division (A) of section | 24568 |
| 3317.013 of the Revised Code; | 24569 |
| (c) The number of handicapped children, other than | 24570 |
| handicapped preschool children, placed with a county MR/DD board | 24571 |
| in the current fiscal year to receive special education services | 24572 |
| for category two handicaps described in division (B) of section | 24573 |
| 3317.013 of the Revised Code; | 24574 |
| (d) The number of handicapped children, other than | 24575 |
| handicapped preschool children, placed with a county MR/DD board | 24576 |
| in the current fiscal year to receive special education services | 24577 |
| for category three handicaps described in division (C) of section | 24578 |
| 3317.013 of the Revised Code; | 24579 |
| (e) The number of handicapped children, other than | 24580 |
| handicapped preschool children, placed with a county MR/DD board | 24581 |
| in the current fiscal year to receive special education services | 24582 |
| for category four handicaps described in division (D) of section | 24583 |
| 3317.013 of the Revised Code; | 24584 |
| (f) The number of handicapped children, other than | 24585 |
| handicapped preschool children, placed with a county MR/DD board | 24586 |
| in the current fiscal year to receive special education services | 24587 |
| for the category five handicap described in division (E) of | 24588 |
| section 3317.013 of the Revised Code; | 24589 |
| (g) The number of handicapped children, other than | 24590 |
| handicapped preschool children, placed with a county MR/DD board | 24591 |
| in the current fiscal year to receive special education services | 24592 |
| for category six handicaps described in division (F) of section | 24593 |
| 3317.013 of the Revised Code. | 24594 |
| (C)(1) Except as otherwise provided in this section for | 24595 |
| kindergarten students, the average daily membership in divisions | 24596 |
| (B)(1) to (12) of this section shall be based upon the number of | 24597 |
| full-time equivalent students. The state board of education shall | 24598 |
| adopt rules defining full-time equivalent students and for | 24599 |
| determining the average daily membership therefrom for the | 24600 |
| purposes of divisions (A), (B), and (D) of this section. | 24601 |
| (2) A student enrolled in a community school established | 24602 |
| under Chapter 3314. of the Revised Code shall be counted in the | 24603 |
| formula ADM and, if applicable, the category one, two, three, | 24604 |
| four, five, or six special education ADM of the school district in | 24605 |
| which the student is entitled to attend school under section | 24606 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 24607 |
| the school year that the student is counted in the enrollment of | 24608 |
| the community school for purposes of section 3314.08 of the | 24609 |
| Revised Code. | 24610 |
| (3) No child shall be counted as more than a total of one | 24611 |
| child in the sum of the average daily memberships of a school | 24612 |
| district under division (A), divisions (B)(1) to (12), or division | 24613 |
| (D) of this section, except as follows: | 24614 |
| (a) A child with a handicap described in section 3317.013 of | 24615 |
| the Revised Code may be counted both in formula ADM and in | 24616 |
| category one, two, three, four, five, or six special education ADM | 24617 |
| and, if applicable, in category one or two vocational education | 24618 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 24619 |
| Code, such a child shall be counted in category one, two, three, | 24620 |
| four, five, or six special education ADM in the same proportion | 24621 |
| that the child is counted in formula ADM. | 24622 |
| (b) A child enrolled in vocational education programs or | 24623 |
| classes described in section 3317.014 of the Revised Code may be | 24624 |
| counted both in formula ADM and category one or two vocational | 24625 |
| education ADM and, if applicable, in category one, two, three, | 24626 |
| four, five, or six special education ADM. Such a child shall be | 24627 |
| counted in category one or two vocational education ADM in the | 24628 |
| same proportion as the percentage of time that the child spends in | 24629 |
| the vocational education programs or classes. | 24630 |
| (4) Based on the information reported under this section, the | 24631 |
| department of education shall determine the total student count, | 24632 |
| as defined in section 3301.011 of the Revised Code, for each | 24633 |
| school district. | 24634 |
| (D)(1) The superintendent of each joint vocational school | 24635 |
| district shall certify to the superintendent of public instruction | 24636 |
| on or before the fifteenth day of October in each year for the | 24637 |
|
first full school week in
October the formula ADM | 24638 |
| Beginning in fiscal year 2006, each superintendent also shall | 24639 |
| certify to the state superintendent the formula ADM for the week | 24640 |
| established for regular administration of the achievement tests | 24641 |
| prescribed under divisions (A)(1)(b) to (f) of section 3301.0710 | 24642 |
| of the Revised Code. Each superintendent shall certify the second | 24643 |
| annual formula ADM no later than two weeks after the regular test | 24644 |
| administration. The formula ADM, except as otherwise provided in | 24645 |
| this division, shall consist of the average daily membership | 24646 |
| during such week, on an FTE basis, of the number of students | 24647 |
| receiving any educational services from the district, including | 24648 |
| students enrolled in a community school established under Chapter | 24649 |
| 3314. of the Revised Code who are attending the joint vocational | 24650 |
| district under an agreement between the district board of | 24651 |
| education and the governing authority of the community school and | 24652 |
| are entitled to attend school in a city, local, or exempted | 24653 |
| village school district whose territory is part of the territory | 24654 |
| of the joint vocational district. | 24655 |
| The following categories of students shall not be included in | 24656 |
| the determination made under division (D)(1) of this section: | 24657 |
| (a) Students enrolled in adult education classes; | 24658 |
| (b) Adjacent or other district joint vocational students | 24659 |
| enrolled in the district under an open enrollment policy pursuant | 24660 |
| to section 3313.98 of the Revised Code; | 24661 |
| (c) Students receiving services in the district pursuant to a | 24662 |
| compact, cooperative education agreement, or a contract, but who | 24663 |
| are entitled to attend school in a city, local, or exempted | 24664 |
| village school district whose territory is not part of the | 24665 |
| territory of the joint vocational district; | 24666 |
| (d) Students for whom tuition is payable pursuant to sections | 24667 |
| 3317.081 and 3323.141 of the Revised Code. | 24668 |
| (2) To enable the department of education to obtain the data | 24669 |
| needed to complete the calculation of payments pursuant to this | 24670 |
| chapter, in addition to the formula ADM, each superintendent shall | 24671 |
| report separately the average daily membership included in the | 24672 |
| report under division (D)(1) of this section for each of the | 24673 |
| following categories of students for the same week for which | 24674 |
| formula ADM is certified: | 24675 |
| (a) Students enrolled in each grade included in the joint | 24676 |
| vocational district schools; | 24677 |
| (b) Handicapped children receiving special education services | 24678 |
| for the category one handicap described in division (A) of section | 24679 |
| 3317.013 of the Revised Code; | 24680 |
| (c) Handicapped children receiving special education services | 24681 |
| for the category two handicaps described in division (B) of | 24682 |
| section 3317.013 of the Revised Code; | 24683 |
| (d) Handicapped children receiving special education services | 24684 |
| for category three handicaps described in division (C) of section | 24685 |
| 3317.013 of the Revised Code; | 24686 |
| (e) Handicapped children receiving special education services | 24687 |
| for category four handicaps described in division (D) of section | 24688 |
| 3317.013 of the Revised Code; | 24689 |
| (f) Handicapped children receiving special education services | 24690 |
| for the category five handicap described in division (E) of | 24691 |
| section 3317.013 of the Revised Code; | 24692 |
| (g) Handicapped children receiving special education services | 24693 |
| for category six handicaps described in division (F) of section | 24694 |
| 3317.013 of the Revised Code; | 24695 |
| (h) Students receiving category one vocational education | 24696 |
| services, described in division (A) of section 3317.014 of the | 24697 |
| Revised Code; | 24698 |
| (i) Students receiving category two vocational education | 24699 |
| services, described in division (B) of section 3317.014 of the | 24700 |
| Revised Code. | 24701 |
| The superintendent of each joint vocational school district | 24702 |
| shall also indicate the city, local, or exempted village school | 24703 |
| district in which each joint vocational district pupil is entitled | 24704 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 24705 |
| Revised Code. | 24706 |
| (E) In each school of each city, local, exempted village, | 24707 |
| joint vocational, and cooperative education school district there | 24708 |
| shall be maintained a record of school membership, which record | 24709 |
| shall accurately show, for each day the school is in session, the | 24710 |
| actual membership enrolled in regular day classes. For the purpose | 24711 |
| of determining average daily membership, the membership figure of | 24712 |
| any school shall not include any pupils except those pupils | 24713 |
| described by division (A) of this section. The record of | 24714 |
| membership for each school shall be maintained in such manner that | 24715 |
| no pupil shall be counted as in membership prior to the actual | 24716 |
| date of entry in the school and also in such manner that where for | 24717 |
| any cause a pupil permanently withdraws from the school that pupil | 24718 |
| shall not be counted as in membership from and after the date of | 24719 |
| such withdrawal. There shall not be included in the membership of | 24720 |
| any school any of the following: | 24721 |
| (1) Any pupil who has graduated from the twelfth grade of a | 24722 |
| public high school; | 24723 |
| (2) Any pupil who is not a resident of the state; | 24724 |
| (3) Any pupil who was enrolled in the schools of the district | 24725 |
| during the previous school year when tests were administered under | 24726 |
| section 3301.0711 of the Revised Code but did not take one or more | 24727 |
| of the tests required by that section and was not excused pursuant | 24728 |
| to division (C)(1) or (3) of that section; | 24729 |
| (4) Any pupil who has attained the age of twenty-two years, | 24730 |
| except for veterans of the armed services whose attendance was | 24731 |
| interrupted before completing the recognized twelve-year course of | 24732 |
| the public schools by reason of induction or enlistment in the | 24733 |
| armed forces and who apply for reenrollment in the public school | 24734 |
| system of their residence not later than four years after | 24735 |
| termination of war or their honorable discharge. | 24736 |
| If, however, any veteran described by division (E)(4) of this | 24737 |
| section elects to enroll in special courses organized for veterans | 24738 |
| for whom tuition is paid under the provisions of federal laws, or | 24739 |
| otherwise, that veteran shall not be included in average daily | 24740 |
| membership. | 24741 |
| Notwithstanding division (E)(3) of this section, the | 24742 |
| membership of any school may include a pupil who did not take a | 24743 |
| test required by section 3301.0711 of the Revised Code if the | 24744 |
| superintendent of public instruction grants a waiver from the | 24745 |
| requirement to take the test to the specific pupil. The | 24746 |
| superintendent may grant such a waiver only for good cause in | 24747 |
| accordance with rules adopted by the state board of education. | 24748 |
| Except as provided in divisions (B)(2) and (F) of this | 24749 |
| section, the average daily membership figure of any local, city, | 24750 |
| exempted village, or joint vocational school district shall be | 24751 |
| determined by dividing the figure representing the sum of the | 24752 |
| number of pupils enrolled during each day the school of attendance | 24753 |
|
is
actually open for
instruction during the | 24754 |
| 24755 | |
| total number of days the school was actually open for instruction | 24756 |
| during that week. For purposes of state funding, "enrolled" | 24757 |
| persons are only those pupils who are attending school, those who | 24758 |
| have attended school during the current school year and are absent | 24759 |
| for authorized reasons, and those handicapped children currently | 24760 |
| receiving home instruction. | 24761 |
| The average daily membership figure of any cooperative | 24762 |
| education school district shall be determined in accordance with | 24763 |
| rules adopted by the state board of education. | 24764 |
| (F)(1) If the formula ADM for the first full school week in | 24765 |
| February is at least three per cent greater than that certified | 24766 |
| for the first full school week in the preceding October, the | 24767 |
| superintendent of schools of any city, exempted village, or joint | 24768 |
| vocational school district or educational service center shall | 24769 |
| certify such increase to the superintendent of public instruction. | 24770 |
| Such certification shall be submitted no later than the fifteenth | 24771 |
| day of February. For the balance of the fiscal year, beginning | 24772 |
| with the February payments, the superintendent of public | 24773 |
| instruction shall use the increased formula ADM in calculating or | 24774 |
| recalculating the amounts to be allocated in accordance with | 24775 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 24776 |
| the superintendent use an increased membership certified to the | 24777 |
| superintendent after the fifteenth day of February. Division | 24778 |
| (F)(1) of this section does not apply after fiscal year 2006. | 24779 |
| (2) If on the first school day of April the total number of | 24780 |
| classes or units for handicapped preschool children that are | 24781 |
| eligible for approval under division (B) of section 3317.05 of the | 24782 |
| Revised Code exceeds the number of units that have been approved | 24783 |
| for the year under that division, the superintendent of schools of | 24784 |
| any city, exempted village, or cooperative education school | 24785 |
| district or educational service center shall make the | 24786 |
| certifications required by this section for that day. If the | 24787 |
| department determines additional units can be approved for the | 24788 |
| fiscal year within any limitations set forth in the acts | 24789 |
| appropriating moneys for the funding of such units, the department | 24790 |
| shall approve additional units for the fiscal year on the basis of | 24791 |
| such average daily membership. For each unit so approved, the | 24792 |
| department shall pay an amount computed in the manner prescribed | 24793 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 24794 |
| Code. | 24795 |
| (3) If a student attending a community school under Chapter | 24796 |
| 3314. of the Revised Code is not included in the formula ADM | 24797 |
|
certified | 24798 |
| district in which the student is entitled to attend school under | 24799 |
| section 3313.64 or 3313.65 of the Revised Code, the department of | 24800 |
| education shall adjust the formula ADM of that school district to | 24801 |
| include the community school student in accordance with division | 24802 |
| (C)(2) of this section, and shall recalculate the school | 24803 |
| district's payments under this chapter for the entire fiscal year | 24804 |
| on the basis of that adjusted formula ADM. This requirement | 24805 |
| applies regardless of whether the student was enrolled, as defined | 24806 |
| in division (E) of this section, in the community school during | 24807 |
| the first full school week in October. | 24808 |
| (G)(1)(a) The superintendent of an institution operating a | 24809 |
| special education program pursuant to section 3323.091 of the | 24810 |
| Revised Code shall, for the programs under such superintendent's | 24811 |
|
supervision,
certify to the state board of education | 24812 |
| manner prescribed by the superintendent of public instruction, | 24813 |
| both of the following: | 24814 |
| (i) The average daily membership of all handicapped children | 24815 |
| other than handicapped preschool children receiving services at | 24816 |
| the institution for each category of handicap described in | 24817 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 24818 |
| (ii) The average daily membership of all handicapped | 24819 |
| preschool children in classes or programs approved annually by the | 24820 |
| department of education | 24821 |
| 24822 | |
| section 3317.05 of the Revised Code. | 24823 |
| (b) The superintendent of an institution with vocational | 24824 |
| education units approved under division (A) of section 3317.05 of | 24825 |
| the Revised Code shall, for the units under the superintendent's | 24826 |
| supervision, certify to the state board of education the average | 24827 |
| daily membership in those units, in the manner prescribed by the | 24828 |
| superintendent of public instruction. | 24829 |
| (2) The superintendent of each county MR/DD board that | 24830 |
| maintains special education classes under section 3317.20 of the | 24831 |
| Revised Code or units approved pursuant to section 3317.05 of the | 24832 |
| Revised Code shall do both of the following: | 24833 |
| (a) Certify to the state board, in the manner prescribed by | 24834 |
| the board, the average daily membership in classes under section | 24835 |
| 3317.20 of the Revised Code for each school district that has | 24836 |
| placed children in the classes; | 24837 |
| (b) Certify to the state board, in the manner prescribed by | 24838 |
| the board, the number of all handicapped preschool children | 24839 |
| enrolled as of the first day of December in classes eligible for | 24840 |
| approval under division (B) of section 3317.05 of the Revised | 24841 |
| Code, and the number of those classes. | 24842 |
| (3)(a) If on the first school day of April the number of | 24843 |
| classes or units maintained for handicapped preschool children by | 24844 |
| the county MR/DD board that are eligible for approval under | 24845 |
| division (B) of section 3317.05 of the Revised Code is greater | 24846 |
| than the number of units approved for the year under that | 24847 |
| division, the superintendent shall make the certification required | 24848 |
| by this section for that day. | 24849 |
| (b) If the department determines that additional classes or | 24850 |
| units can be approved for the fiscal year within any limitations | 24851 |
| set forth in the acts appropriating moneys for the funding of the | 24852 |
| classes and units described in division (G)(3)(a) of this section, | 24853 |
| the department shall approve and fund additional units for the | 24854 |
| fiscal year on the basis of such average daily membership. For | 24855 |
| each unit so approved, the department shall pay an amount computed | 24856 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 24857 |
| Revised Code. | 24858 |
| (H) Except as provided in division (I) of this section, when | 24859 |
| any city, local, or exempted village school district provides | 24860 |
| instruction for a nonresident pupil whose attendance is | 24861 |
| unauthorized attendance as defined in section 3327.06 of the | 24862 |
| Revised Code, that pupil's membership shall not be included in | 24863 |
| that district's membership figure used in the calculation of that | 24864 |
| district's formula ADM or included in the determination of any | 24865 |
| unit approved for the district under section 3317.05 of the | 24866 |
| Revised Code. The reporting official shall report separately the | 24867 |
| average daily membership of all pupils whose attendance in the | 24868 |
| district is unauthorized attendance, and the membership of each | 24869 |
| such pupil shall be credited to the school district in which the | 24870 |
| pupil is entitled to attend school under division (B) of section | 24871 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 24872 |
| the department of education. | 24873 |
| (I)(1) A city, local, exempted village, or joint vocational | 24874 |
| school district admitting a scholarship student of a pilot project | 24875 |
| district pursuant to division (C) of section 3313.976 of the | 24876 |
| Revised Code may count such student in its average daily | 24877 |
| membership. | 24878 |
| (2) In any year for which funds are appropriated for pilot | 24879 |
| project scholarship programs, a school district implementing a | 24880 |
| state-sponsored pilot project scholarship program that year | 24881 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 24882 |
| count in average daily membership: | 24883 |
| (a) All children residing in the district and utilizing a | 24884 |
| scholarship to attend kindergarten in any alternative school, as | 24885 |
| defined in section 3313.974 of the Revised Code; | 24886 |
| (b) All children who were enrolled in the district in the | 24887 |
| preceding year who are utilizing a scholarship to attend any such | 24888 |
| alternative school. | 24889 |
| (J) The superintendent of each cooperative education school | 24890 |
| district shall certify to the superintendent of public | 24891 |
| instruction, in a manner prescribed by the state board of | 24892 |
| education, the applicable average daily memberships for all | 24893 |
| students in the cooperative education district, also indicating | 24894 |
| the city, local, or exempted village district where each pupil is | 24895 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 24896 |
| Revised Code. | 24897 |
| Sec. 3317.034. (A) The superintendent of each city, local, | 24898 |
| exempted village, and joint vocational school district shall | 24899 |
| notify the department of education once any student included in | 24900 |
| the district's formula ADM has been absent from the student's | 24901 |
| assigned school without legitimate excuse for twenty-one | 24902 |
| consecutive days the school is open for instruction or, if the | 24903 |
| school operates under an alternative attendance schedule adopted | 24904 |
| under section 3313.481 of the Revised Code, for one hundred five | 24905 |
| consecutive hours the school is open for instruction. | 24906 |
| (B) The department shall subtract from a school district's | 24907 |
| formula ADM each student reported under division (A) of this | 24908 |
| section and shall recalculate the district's payments under this | 24909 |
| chapter using the adjusted formula ADM. | 24910 |
| (C) If the department determines that a school district has | 24911 |
| failed to report a student as required under division (A) of this | 24912 |
| section, the department shall subtract that student from the | 24913 |
| district's formula ADM and shall subtract the equivalent of one | 24914 |
| additional student for each student the district fails to report | 24915 |
| and shall recalculate the district's payments under this chapter | 24916 |
| using the adjusted formula ADM. | 24917 |
| Sec. 3317.035. The auditor of state annually shall conduct | 24918 |
| audits of the information certified under section 3317.03 of the | 24919 |
| Revised Code by a number of school districts determined by the | 24920 |
| auditor of state and selected at random. | 24921 |
| Sec. 3317.05. (A) For the purpose of calculating payments | 24922 |
| under sections 3317.052 and 3317.053 of the Revised Code, the | 24923 |
| department of education shall determine for each institution, by | 24924 |
| the last day of January of each year and based on information | 24925 |
| certified under section 3317.03 of the Revised Code, the number of | 24926 |
| vocational education units or fractions of units approved by the | 24927 |
| department on the basis of standards and rules adopted by the | 24928 |
| state board of education. As used in this division, "institution" | 24929 |
| means an institution operated by a department specified in section | 24930 |
| 3323.091 of the Revised Code and that provides vocational | 24931 |
| education programs under the supervision of the division of | 24932 |
| vocational education of the department that meet the standards and | 24933 |
| rules for these programs, including licensure of professional | 24934 |
| staff involved in the programs, as established by the state board. | 24935 |
| (B) For the purpose of calculating payments under sections | 24936 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 24937 |
| department shall determine, based on information certified under | 24938 |
| section 3317.03 of the Revised Code, the following by the last day | 24939 |
| of January of each year for each educational service center, for | 24940 |
| each school district, including each cooperative education school | 24941 |
| district, for each institution eligible for payment under section | 24942 |
| 3323.091 of the Revised Code, and for each county MR/DD board: the | 24943 |
| number of classes operated by the school district, service center, | 24944 |
| institution, or county MR/DD board for handicapped preschool | 24945 |
| children, or fraction thereof, including in the case of a district | 24946 |
| or service center that is a funding agent, classes taught by a | 24947 |
| licensed teacher employed by that district or service center under | 24948 |
| section 3313.841 of the Revised Code, approved annually by the | 24949 |
| department on the basis of standards and rules adopted by the | 24950 |
| state board. | 24951 |
| (C) For the purpose of calculating payments under sections | 24952 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 24953 |
| department shall determine, based on information certified under | 24954 |
| section 3317.03 of the Revised Code, the following by the last day | 24955 |
| of January of each year for each school district, including each | 24956 |
| cooperative education school district, for each institution | 24957 |
| eligible for payment under section 3323.091 of the Revised Code, | 24958 |
| and for each county MR/DD board: the number of preschool | 24959 |
| handicapped related services units for child study, occupational, | 24960 |
| physical, or speech and hearing therapy, special education | 24961 |
| supervisors, and special education coordinators approved annually | 24962 |
| by the department on the basis of standards and rules adopted by | 24963 |
| the state board. | 24964 |
| (D) | 24965 |
| 24966 | |
| 24967 | |
| 24968 | |
| 24969 | |
| 24970 |
| | 24971 |
| 24972 | |
| 24973 | |
| 24974 |
| | 24975 |
| 24976 | |
| 24977 | |
| 24978 | |
| 24979 | |
| 24980 |
| | 24981 |
| section shall be carried to the second decimal place. The total | 24982 |
| number of units for school districts, service centers, and | 24983 |
| institutions approved annually under this section shall not exceed | 24984 |
| the number of units included in the estimate of cost for these | 24985 |
| units and appropriations made for them by the general assembly. | 24986 |
| | 24987 |
| 24988 | |
| 24989 | |
| 24990 | |
| 24991 | |
| 24992 | |
| 24993 | |
| 24994 | |
| 24995 | |
| case of handicapped preschool units described in division (B) of | 24996 |
| this section, the department shall approve only preschool units | 24997 |
| for children who are under age six but not less than age three on | 24998 |
|
the | 24999 |
| year, or on the first day of August of the academic year if the | 25000 |
| school district in which the child is enrolled has adopted a | 25001 |
| resolution under division (A)(3) of section 3321.01 of the Revised | 25002 |
| Code, except that such a unit may include one or more children who | 25003 |
|
are under age
three or are age
six or over on the | 25004 |
| 25005 | |
| (G)(2)(b) of section 3317.03 of the Revised Code, if such children | 25006 |
| have been admitted to the unit pursuant to rules of the state | 25007 |
| board. The number of units for county MR/DD boards and | 25008 |
| institutions eligible for payment under section 3323.091 of the | 25009 |
| Revised Code approved under this section shall not exceed the | 25010 |
| number that can be funded with appropriations made for such | 25011 |
| purposes by the general assembly. | 25012 |
| No unit shall be approved under divisions (B)
| 25013 |
| of this section unless a plan has been submitted and approved | 25014 |
| under Chapter 3323. of the Revised Code. | 25015 |
| | 25016 |
| thereof for gifted children on the basis of standards and rules | 25017 |
| adopted by the state board. | 25018 |
| Sec. 3317.052. As used in this section, "institution" means | 25019 |
| an institution operated by a department specified in division (A) | 25020 |
| of section 3323.091 of the Revised Code. | 25021 |
| (A)(1) The department of education shall pay each school | 25022 |
| district, educational service center, institution eligible for | 25023 |
| payment under section 3323.091 of the Revised Code, or county | 25024 |
| MR/DD board an amount for the total of all classroom units for | 25025 |
| handicapped preschool children approved under division (B) of | 25026 |
| section 3317.05 of the Revised Code. For each unit, the amount | 25027 |
| shall be the sum of the minimum salary for the teacher of the | 25028 |
| unit, calculated on the basis of the teacher's training level and | 25029 |
| years of experience pursuant to the salary schedule prescribed in | 25030 |
| the version of section 3317.13 of the Revised Code in effect prior | 25031 |
|
to
| 25032 |
| per cent of that minimum salary amount, and eight thousand | 25033 |
| twenty-three dollars. | 25034 |
| (2) The department shall pay each school district, | 25035 |
| educational service center, institution eligible for payment under | 25036 |
| section 3323.091 of the Revised Code, or county MR/DD board an | 25037 |
| amount for the total of all related services units for handicapped | 25038 |
| preschool children approved under division (C) of section 3317.05 | 25039 |
| of the Revised Code. For each such unit, the amount shall be the | 25040 |
| sum of the minimum salary for the teacher of the unit calculated | 25041 |
| on the basis of the teacher's training level and years of | 25042 |
| experience pursuant to the salary schedule prescribed in the | 25043 |
| version of section 3317.13 of the Revised Code in effect prior to | 25044 |
| 25045 | |
| cent of that minimum salary amount, and two thousand one hundred | 25046 |
| thirty-two dollars. | 25047 |
| (B) If a school district, educational service center, or | 25048 |
| county MR/DD board has had additional handicapped preschool units | 25049 |
| approved for the year under division (F)(2) or (G)(3) of section | 25050 |
| 3317.03 of the Revised Code, the district, educational service | 25051 |
| center, or board shall receive an additional amount during the | 25052 |
| last half of the fiscal year. For each district, center, or board, | 25053 |
| the additional amount for each unit shall equal fifty per cent of | 25054 |
| the amounts computed for the unit in the manner prescribed by | 25055 |
| division (A) of this section and division (C) of section 3317.053 | 25056 |
| of the Revised Code. | 25057 |
| (C) | 25058 |
| 25059 | |
| 25060 | |
| 25061 | |
| 25062 | |
| 25063 | |
| 25064 | |
| 25065 | |
| 25066 | |
| 25067 | |
| 25068 |
| | 25069 |
| 25070 | |
| 25071 | |
| 25072 | |
| 25073 | |
| 25074 | |
| 25075 | |
| 25076 | |
| 25077 | |
| 25078 | |
| 25079 |
| | 25080 |
| vocational education units under division (A) of section 3317.05 | 25081 |
| of the Revised Code an amount for the total of all the units | 25082 |
| approved under that division. The amount for each unit shall be | 25083 |
| the sum of the minimum salary for the teacher of the unit, | 25084 |
| calculated on the basis of the teacher's training level and years | 25085 |
| of experience pursuant to the salary schedule prescribed in the | 25086 |
| version of section 3317.13 of the Revised Code in effect prior to | 25087 |
| 25088 | |
| per cent of that minimum salary amount, and nine thousand five | 25089 |
| hundred ten dollars. | 25090 |
| Sec. 3317.053. (A) As used in this section: | 25091 |
| (1) "State share percentage" has the same meaning as in | 25092 |
| section 3317.022 of the Revised Code. | 25093 |
| (2) "Dollar amount" means the amount shown in the following | 25094 |
| table for the corresponding type of unit: | 25095 |
| TYPE OF UNIT | DOLLAR AMOUNT | 25096 | |||
| Division (B) of section 3317.05 | 25097 | ||||
| of the Revised Code | $8,334 | 25098 | |||
| Division (C) of that section | $3,234 | 25099 | |||
| Division |
$5,550 | 25100 |
| (3) "Average unit amount" means the amount shown in the | 25101 |
| following table for the corresponding type of unit: | 25102 |
| 25103 | |||||
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 25104 | |||
| Division (B) of section 3317.05 | 25105 | ||||
| of the Revised Code | $7,799 | 25106 | |||
| Division (C) of that section | $2,966 | 25107 | |||
| Division |
$5,251 | 25108 |
| (B) In the case of each unit described in division (B), (C), | 25109 |
|
or | 25110 |
| a city, local, or exempted village school district, the department | 25111 |
| of education, in addition to the amounts specified in division (P) | 25112 |
| of section 3317.024 and sections 3317.052 and 3317.19 of the | 25113 |
| Revised Code, shall pay a supplemental unit allowance equal to the | 25114 |
| sum of the following amounts: | 25115 |
| (1) An amount equal to 50% of the average unit amount for the | 25116 |
| unit; | 25117 |
| (2) An amount equal to the percentage of the dollar amount | 25118 |
| for the unit that equals the district's state share percentage. | 25119 |
| If, prior to the fifteenth day of May of a fiscal year, a | 25120 |
| school district's aid computed under section 3317.022 of the | 25121 |
| Revised Code is recomputed pursuant to section 3317.027 or | 25122 |
| 3317.028 of the Revised Code, the department shall also recompute | 25123 |
| the district's entitlement to payment under this section utilizing | 25124 |
| a new state share percentage. Such new state share percentage | 25125 |
| shall be determined using the district's recomputed basic aid | 25126 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 25127 |
| Code. During the last six months of the fiscal year, the | 25128 |
| department shall pay the district a sum equal to one-half of the | 25129 |
| recomputed payment in lieu of one-half the payment otherwise | 25130 |
| calculated under this section. | 25131 |
| (C)(1) In the case of each unit allocated to an institution | 25132 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 25133 |
| the department, in addition to the amount specified in section | 25134 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 25135 |
| allowance of $7,227. | 25136 |
| (2) In the case of each unit described in division (B) | 25137 |
| 25138 | |
| any entity other than a city, exempted village, or local school | 25139 |
| district, the department, in addition to the amount specified in | 25140 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 25141 |
| unit allowance of $7,799. | 25142 |
| (3) In the case of each unit described in division (C)
| 25143 |
| 25144 | |
| entity other than a city, exempted village, or local school | 25145 |
| district, the department, in addition to the amounts specified in | 25146 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 25147 |
| unit allowance of $2,966. | 25148 |
| (4) In the case of each unit described in division | 25149 |
| section 3317.05 of the Revised Code and allocated to an | 25150 |
| educational service center, the department, in addition to the | 25151 |
| amounts specified in division (P) of section 3317.024 of the | 25152 |
| Revised Code, shall pay a supplemental unit allowance of $5,251. | 25153 |
| Sec. 3317.06. Moneys paid to school districts under division | 25154 |
| (L) of section 3317.024 of the Revised Code shall be used for the | 25155 |
| following independent and fully severable purposes: | 25156 |
| (A) To purchase such secular textbooks or electronic | 25157 |
| textbooks as have been approved by the superintendent of public | 25158 |
| instruction for use in public schools in the state and to loan | 25159 |
| such textbooks or electronic textbooks to pupils attending | 25160 |
| nonpublic schools within the district or to their parents and to | 25161 |
| hire clerical personnel to administer such lending program. Such | 25162 |
| loans shall be based upon individual requests submitted by such | 25163 |
| nonpublic school pupils or parents. Such requests shall be | 25164 |
| submitted to the school district in which the nonpublic school is | 25165 |
| located. Such individual requests for the loan of textbooks or | 25166 |
| electronic textbooks shall, for administrative convenience, be | 25167 |
| submitted by the nonpublic school pupil or the pupil's parent to | 25168 |
| the nonpublic school, which shall prepare and submit collective | 25169 |
| summaries of the individual requests to the school district. As | 25170 |
| used in this section: | 25171 |
| (1) "Textbook" means any book or book substitute that a pupil | 25172 |
| uses as a consumable or nonconsumable text, text substitute, or | 25173 |
| text supplement in a particular class or program in the school the | 25174 |
| pupil regularly attends. | 25175 |
| (2) "Electronic textbook" means computer software, | 25176 |
| interactive videodisc, magnetic media, CD-ROM, computer | 25177 |
| courseware, local and remote computer assisted instruction, | 25178 |
| on-line service, electronic medium, or other means of conveying | 25179 |
| information to the student or otherwise contributing to the | 25180 |
| learning process through electronic means. | 25181 |
| (B) To provide speech and hearing diagnostic services to | 25182 |
| pupils attending nonpublic schools within the district. Such | 25183 |
| service shall be provided in the nonpublic school attended by the | 25184 |
| pupil receiving the service. | 25185 |
| (C) To provide physician, nursing, dental, and optometric | 25186 |
| services to pupils attending nonpublic schools within the | 25187 |
| district. Such services shall be provided in the school attended | 25188 |
| by the nonpublic school pupil receiving the service. | 25189 |
| (D) To provide diagnostic psychological services to pupils | 25190 |
| attending nonpublic schools within the district. Such services | 25191 |
| shall be provided in the school attended by the pupil receiving | 25192 |
| the service. | 25193 |
| (E) To provide therapeutic psychological and speech and | 25194 |
| hearing services to pupils attending nonpublic schools within the | 25195 |
| district. Such services shall be provided in the public school, in | 25196 |
| nonpublic schools, in public centers, or in mobile units located | 25197 |
| on or off of the nonpublic premises. If such services are provided | 25198 |
| in the public school or in public centers, transportation to and | 25199 |
| from such facilities shall be provided by the school district in | 25200 |
| which the nonpublic school is located. | 25201 |
| (F) To provide guidance and counseling services to pupils | 25202 |
| attending nonpublic schools within the district. Such services | 25203 |
| shall be provided in the public school, in nonpublic schools, in | 25204 |
| public centers, or in mobile units located on or off of the | 25205 |
| nonpublic premises. If such services are provided in the public | 25206 |
| school or in public centers, transportation to and from such | 25207 |
| facilities shall be provided by the school district in which the | 25208 |
| nonpublic school is located. | 25209 |
| (G) To provide remedial services to pupils attending | 25210 |
| nonpublic schools within the district. Such services shall be | 25211 |
| provided in the public school, in nonpublic schools, in public | 25212 |
| centers, or in mobile units located on or off of the nonpublic | 25213 |
| premises. If such services are provided in the public school or in | 25214 |
| public centers, transportation to and from such facilities shall | 25215 |
| be provided by the school district in which the nonpublic school | 25216 |
| is located. | 25217 |
| (H) To supply for use by pupils attending nonpublic schools | 25218 |
| within the district such standardized tests and scoring services | 25219 |
| as are in use in the public schools of the state; | 25220 |
| (I) To provide programs for children who attend nonpublic | 25221 |
| schools within the district and are handicapped children as | 25222 |
| defined in division (A) of section 3323.01 of the Revised Code or | 25223 |
| gifted children. Such programs shall be provided in the public | 25224 |
| school, in nonpublic schools, in public centers, or in mobile | 25225 |
| units located on or off of the nonpublic premises. If such | 25226 |
| programs are provided in the public school or in public centers, | 25227 |
| transportation to and from such facilities shall be provided by | 25228 |
| the school district in which the nonpublic school is located. | 25229 |
| (J) To hire clerical personnel to assist in the | 25230 |
| administration of programs pursuant to divisions (B), (C), (D), | 25231 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 25232 |
| personnel to supervise the providing of services and textbooks | 25233 |
| pursuant to this section. | 25234 |
| (K) To purchase or lease any secular, neutral, and | 25235 |
| nonideological computer software (including site-licensing), | 25236 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 25237 |
| compact discs, and video cassette cartridges, wide area | 25238 |
| connectivity and related technology as it relates to internet | 25239 |
| access, mathematics or science equipment and materials, | 25240 |
| instructional materials, and school library materials that are in | 25241 |
| general use in the public schools of the state and loan such items | 25242 |
| to pupils attending nonpublic schools within the district or to | 25243 |
| their parents, and to hire clerical personnel to administer the | 25244 |
| lending program. Only such items that are incapable of diversion | 25245 |
| to religious use and that are susceptible of loan to individual | 25246 |
| pupils and are furnished for the use of individual pupils shall be | 25247 |
| purchased and loaned under this division. As used in this section, | 25248 |
| "instructional materials" means prepared learning materials that | 25249 |
| are secular, neutral, and nonideological in character and are of | 25250 |
| benefit to the instruction of school children, and may include | 25251 |
| educational resources and services developed by the agency | 25252 |
| designated by the governor to assume the functions of the Ohio | 25253 |
| schoolnet commission. | 25254 |
| (L) To purchase or lease instructional equipment, including | 25255 |
| computer hardware and related equipment in general use in the | 25256 |
| public schools of the state, for use by pupils attending nonpublic | 25257 |
| schools within the district and to loan such items to pupils | 25258 |
| attending nonpublic schools within the district or to their | 25259 |
| parents, and to hire clerical personnel to administer the lending | 25260 |
| program. | 25261 |
| (M) To purchase mobile units to be used for the provision of | 25262 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 25263 |
| section and to pay for necessary repairs and operating costs | 25264 |
| associated with these units. | 25265 |
| Clerical and supervisory personnel hired pursuant to division | 25266 |
| (J) of this section shall perform their services in the public | 25267 |
| schools, in nonpublic schools, public centers, or mobile units | 25268 |
| where the services are provided to the nonpublic school pupil, | 25269 |
| except that such personnel may accompany pupils to and from the | 25270 |
| service sites when necessary to ensure the safety of the children | 25271 |
| receiving the services. | 25272 |
| All services provided pursuant to this section may be | 25273 |
| provided under contract with educational service centers, the | 25274 |
| department of health, city or general health districts, or private | 25275 |
| agencies whose personnel are properly licensed by an appropriate | 25276 |
| state board or agency. | 25277 |
| Transportation of pupils provided pursuant to divisions (E), | 25278 |
| (F), (G), and (I) of this section shall be provided by the school | 25279 |
| district from its general funds and not from moneys paid to it | 25280 |
| under division (L) of section 3317.024 of the Revised Code unless | 25281 |
| a special transportation request is submitted by the parent of the | 25282 |
| child receiving service pursuant to such divisions. If such an | 25283 |
| application is presented to the school district, it may pay for | 25284 |
| the transportation from moneys paid to it under division (L) of | 25285 |
| section 3317.024 of the Revised Code. | 25286 |
| No school district shall provide health or remedial services | 25287 |
| to nonpublic school pupils as authorized by this section unless | 25288 |
| such services are available to pupils attending the public schools | 25289 |
| within the district. | 25290 |
| Materials, equipment, computer hardware or software, | 25291 |
| textbooks, electronic textbooks, and health and remedial services | 25292 |
| provided for the benefit of nonpublic school pupils pursuant to | 25293 |
| this section and the admission of pupils to such nonpublic schools | 25294 |
| shall be provided without distinction as to race, creed, color, or | 25295 |
| national origin of such pupils or of their teachers. | 25296 |
| No school district shall provide services, materials, or | 25297 |
| equipment that contain religious content for use in religious | 25298 |
| courses, devotional exercises, religious training, or any other | 25299 |
| religious activity. | 25300 |
| As used in this section, "parent" includes a person standing | 25301 |
| in loco parentis to a child. | 25302 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 25303 |
| shall be made under this section to any city, local, or exempted | 25304 |
| village school district within which is located one or more | 25305 |
| nonpublic elementary or high schools and any payments made to | 25306 |
| school districts under division (L) of section 3317.024 of the | 25307 |
| Revised Code for purposes of this section may be disbursed without | 25308 |
| submission to and approval of the controlling board. | 25309 |
| The allocation of payments for materials, equipment, | 25310 |
| textbooks, electronic textbooks, health services, and remedial | 25311 |
| services to city, local, and exempted village school districts | 25312 |
| shall be on the basis of the state board of education's estimated | 25313 |
| annual average daily membership in nonpublic elementary and high | 25314 |
| schools located in the district. | 25315 |
| Payments made to city, local, and exempted village school | 25316 |
| districts under this section shall be equal to specific | 25317 |
| appropriations made for the purpose. All interest earned by a | 25318 |
| school district on such payments shall be used by the district for | 25319 |
| the same purposes and in the same manner as the payments may be | 25320 |
| used. | 25321 |
| The department of education shall adopt guidelines and | 25322 |
| procedures under which such programs and services shall be | 25323 |
| provided, under which districts shall be reimbursed for | 25324 |
| administrative costs incurred in providing such programs and | 25325 |
| services, and under which any unexpended balance of the amounts | 25326 |
| appropriated by the general assembly to implement this section may | 25327 |
| be transferred to the auxiliary services personnel unemployment | 25328 |
| compensation fund established pursuant to section 4141.47 of the | 25329 |
| Revised Code. The department shall also adopt guidelines and | 25330 |
| procedures limiting the purchase and loan of the items described | 25331 |
| in division (K) of this section to items that are in general use | 25332 |
| in the public schools of the state, that are incapable of | 25333 |
| diversion to religious use, and that are susceptible to individual | 25334 |
| use rather than classroom use. Within thirty days after the end of | 25335 |
| each biennium, each board of education shall remit to the | 25336 |
| department all moneys paid to it under division (L) of section | 25337 |
| 3317.024 of the Revised Code and any interest earned on those | 25338 |
| moneys that are not required to pay expenses incurred under this | 25339 |
| section during the biennium for which the money was appropriated | 25340 |
| and during which the interest was earned. If a board of education | 25341 |
| subsequently determines that the remittal of moneys leaves the | 25342 |
| board with insufficient money to pay all valid expenses incurred | 25343 |
| under this section during the biennium for which the remitted | 25344 |
| money was appropriated, the board may apply to the department of | 25345 |
| education for a refund of money, not to exceed the amount of the | 25346 |
| insufficiency. If the department determines the expenses were | 25347 |
| lawfully incurred and would have been lawful expenditures of the | 25348 |
| refunded money, it shall certify its determination and the amount | 25349 |
| of the refund to be made to the director of job and family | 25350 |
| services who shall make a refund as provided in section 4141.47 of | 25351 |
| the Revised Code. | 25352 |
| Sec. 3317.081. (A) Tuition shall be computed in accordance | 25353 |
| with this section if: | 25354 |
| (1) The tuition is required by division (C)(3)(b) of section | 25355 |
| 3313.64 of the Revised Code; or | 25356 |
| (2) Neither the child nor the child's parent resides in this | 25357 |
| state and tuition is required by section 3327.06 of the Revised | 25358 |
| Code. | 25359 |
| (B) Tuition computed in accordance with this section shall | 25360 |
| equal the attendance district's tuition rate computed under | 25361 |
| section 3317.08 of the Revised Code plus the amount that district | 25362 |
| would have received for the child pursuant to sections 3317.022, | 25363 |
| 3317.023, and 3317.025 to
| 25364 |
| during the school year had the attendance district been authorized | 25365 |
| to count the child in its formula ADM for that school year under | 25366 |
| section 3317.03 of the Revised Code. | 25367 |
| Sec. 3317.09. All moneys distributed to a school district, | 25368 |
| including any cooperative education or joint vocational school | 25369 |
| district and all moneys distributed to any educational service | 25370 |
| center, by the state whether from a state or federal source, shall | 25371 |
| be accounted for by the division of school finance of the | 25372 |
| department of education. All moneys distributed shall be coded as | 25373 |
| to county, school district or educational service center, source, | 25374 |
| and other pertinent information, and at the end of each month, a | 25375 |
| report of such distribution shall be made by such division of | 25376 |
| school finance | 25377 |
| 25378 | |
| 25379 | |
| 25380 | |
| and educational service center | 25381 |
| | 25382 |
| 25383 | |
| 25384 | |
| 25385 | |
| 25386 | |
| 25387 | |
| 25388 | |
| 25389 | |
| 25390 | |
| 25391 | |
| 25392 | |
| in section 3319.33 of the Revised Code, the superintendent of | 25393 |
| public instruction shall be without authority to distribute funds | 25394 |
| to that school district or educational service center pursuant to | 25395 |
| sections 3317.022 to 3317.0212, 3317.11, 3317.16, 3317.17, or | 25396 |
| 3317.19 of the Revised Code until such time as the required | 25397 |
| reports are filed with all specified officers, boards, or | 25398 |
| agencies. | 25399 |
| Sec. 3317.10. (A) On or before the first day of March of | 25400 |
| each year, the department of job and family services shall certify | 25401 |
| to the state board of education the unduplicated number of | 25402 |
| children ages five through seventeen residing in each school | 25403 |
| district and living in a family that, during the preceding | 25404 |
| October, had family income not exceeding the federal poverty | 25405 |
| guidelines as defined in section 5101.46 of the Revised Code and | 25406 |
| participated in one of the following: | 25407 |
| (1) Ohio works first; | 25408 |
| (2) The food stamp program; | 25409 |
| (3) The medical assistance program, including the healthy | 25410 |
| start program, established under Chapter 5111. of the Revised | 25411 |
| Code; | 25412 |
| (4) The children's health insurance program part I | 25413 |
| established under section 5101.50 of the Revised Code; | 25414 |
| (5) The disability financial assistance program established | 25415 |
| under
Chapter 5115. of the Revised Code | 25416 |
| | 25417 |
| 25418 |
| The department of job and family services shall certify this | 25419 |
| information according to the school district of residence for each | 25420 |
| child. Except as provided under division (B) of this section, the | 25421 |
| number of children so certified in any year shall be used by the | 25422 |
| department of education in calculating the distribution of moneys | 25423 |
| for the ensuing fiscal year as provided in section 3317.029 of the | 25424 |
| Revised Code. | 25425 |
| (B) Upon the transfer of part of the territory of one school | 25426 |
| district to the territory of one or more other school districts, | 25427 |
| the department of education may adjust the number of children | 25428 |
| certified under division (A) of this section for any district | 25429 |
| gaining or losing territory in such a transfer in order to take | 25430 |
| into account the effect of the transfer on the number of such | 25431 |
| children who reside in the district. Within sixty days of receipt | 25432 |
| of a request for information from the department of education, the | 25433 |
| department of job and family services shall provide any | 25434 |
| information the department of education determines is necessary to | 25435 |
| make such adjustments. The department of education may use the | 25436 |
| adjusted number for any district for the applicable fiscal year, | 25437 |
| in lieu of the number certified for the district for that fiscal | 25438 |
| year under division (A) of this section, in the calculation of the | 25439 |
| distribution of moneys provided in section 3317.029 of the Revised | 25440 |
| Code. | 25441 |
| Sec. 3317.16. (A) As used in this section: | 25442 |
| (1) "State share percentage" means the percentage calculated | 25443 |
| for a joint vocational school district as follows: | 25444 |
| (a) Calculate the state base cost funding amount for the | 25445 |
| district under division (B) of this section. If the district would | 25446 |
| not receive any base cost funding for that year under that | 25447 |
| division, the district's state share percentage is zero. | 25448 |
| (b) If the district would receive base cost funding under | 25449 |
| that division, in fiscal year 2006 divide that base cost amount by | 25450 |
| an amount equal to the following: | 25451 |
| 25452 |
| 25453 |
| 25454 |
| (c) If the district would receive base cost funding under | 25455 |
| that division, in fiscal year 2007 and thereafter divide that | 25456 |
| amount by an amount equal to the greater of the following: | 25457 |
| (i) Cost-of-doing-business factor for fiscal year 2006 X | 25458 |
| formula amount for fiscal year 2006 X formula ADM for fiscal year | 25459 |
| 2006; | 25460 |
| (ii) Formula amount for the current fiscal year X current | 25461 |
| formula ADM. | 25462 |
| The resultant number in division (A)(1)(b) or (c) of this | 25463 |
| section is the district's state share percentage. | 25464 |
| (2) The "total special education weight" for a joint | 25465 |
| vocational school district shall be calculated in the same manner | 25466 |
| as prescribed in division (B)(1) of section 3317.022 of the | 25467 |
| Revised Code. | 25468 |
| (3) The "total vocational education weight" for a joint | 25469 |
| vocational school district shall be calculated in the same manner | 25470 |
| as prescribed in division (B)(4) of section 3317.022 of the | 25471 |
| Revised Code. | 25472 |
| (4) The "total recognized valuation" of a joint vocational | 25473 |
| school district shall be determined by adding the recognized | 25474 |
| valuations of all its constituent school districts for the | 25475 |
| applicable fiscal year. | 25476 |
| (5) "Resident district" means the city, local, or exempted | 25477 |
| village school district in which a student is entitled to attend | 25478 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 25479 |
| (6) "Community school" means a community school established | 25480 |
| under Chapter 3314. of the Revised Code. | 25481 |
| (B) The department of education shall compute and distribute | 25482 |
| state base cost funding to each joint vocational school district | 25483 |
| for the fiscal year in accordance with division (B) of this | 25484 |
| section. | 25485 |
| (1) In fiscal year 2006, state base cost funding for each | 25486 |
| eligible joint vocational school district shall be computed | 25487 |
| according to the following formula: | 25488 |
| 25489 |
| 25490 |
| 25491 |
| 25492 |
| (2) Beginning in fiscal year 2007, state base cost funding | 25493 |
| for each joint vocational school district shall be the greater of | 25494 |
| the amount computed under division (B)(2)(a) or (b) of this | 25495 |
| section minus (0.0005 times recognized valuation). | 25496 |
| Accordingly, beginning in fiscal year 2007, the department | 25497 |
| shall compute both of the following for each joint vocational | 25498 |
| school district: | 25499 |
| (a) Cost-of-doing-business factor for fiscal year 2006 X | 25500 |
| formula amount for fiscal year 2006 X formula ADM for fiscal year | 25501 |
| 2006; | 25502 |
| (b) Formula amount for the current fiscal year X current | 25503 |
| formula ADM. | 25504 |
| If the difference obtained under this division is a negative | 25505 |
| number, the district's computation shall be zero. | 25506 |
| (C)(1) The department shall compute and distribute state | 25507 |
| vocational education additional weighted costs funds to each joint | 25508 |
| vocational school district in accordance with the following | 25509 |
| formula: | 25510 |
| 25511 |
| 25512 |
| In each fiscal year, a joint vocational school district | 25513 |
| receiving funds under division (C)(1) of this section shall spend | 25514 |
| those funds only for the purposes the department designates as | 25515 |
| approved for vocational education expenses. Vocational educational | 25516 |
| expenses approved by the department shall include only expenses | 25517 |
| connected to the delivery of career-technical programming to | 25518 |
| career-technical students. The department shall require the joint | 25519 |
| vocational school district to report data annually so that the | 25520 |
| department may monitor the district's compliance with the | 25521 |
| requirements regarding the manner in which funding received under | 25522 |
| division (C)(1) of this section may be spent. | 25523 |
| (2) The department shall compute for each joint vocational | 25524 |
| school district state funds for vocational education associated | 25525 |
| services costs in accordance with the following formula: | 25526 |
| 25527 |
| 25528 |
| 25529 |
| 25530 |
| In any fiscal year, a joint vocational school district | 25531 |
| receiving funds under division (C)(2) of this section, or through | 25532 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 25533 |
| of the Revised Code, shall spend those funds only for the purposes | 25534 |
| that the department designates as approved for vocational | 25535 |
| education associated services expenses, which may include such | 25536 |
| purposes as apprenticeship coordinators, coordinators for other | 25537 |
| vocational education services, vocational evaluation, and other | 25538 |
| purposes designated by the department. The department may deny | 25539 |
| payment under division (C)(2) of this section to any district that | 25540 |
| the department determines is not operating those services or is | 25541 |
| using funds paid under division (C)(2) of this section, or through | 25542 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 25543 |
| of the Revised Code, for other purposes. | 25544 |
| (D)(1) The department shall compute and distribute state | 25545 |
| special education and related services additional weighted costs | 25546 |
| funds to each joint vocational school district in accordance with | 25547 |
| the following formula: | 25548 |
| 25549 |
| 25550 |
| (2)(a) As used in this division, the "personnel allowance" | 25551 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 25552 |
| 25553 |
| (b) For the provision of speech language pathology services | 25554 |
| to students, including students who do not have individualized | 25555 |
| education programs prepared for them under Chapter 3323. of the | 25556 |
| Revised Code, and for no other purpose, the department shall pay | 25557 |
| each joint vocational school district an amount calculated under | 25558 |
| the following formula: | 25559 |
| 25560 |
| 25561 |
| (3) In | 25562 |
| district shall spend for purposes that the department designates | 25563 |
| as approved for special education and related services expenses at | 25564 |
| least the amount calculated as follows: | 25565 |
| 25566 |
| 25567 |
| 25568 |
| 25569 |
| 25570 |
| In fiscal year 2007 and thereafter, a school district shall | 25571 |
| spend for those purposes at least the greater of the amount | 25572 |
| calculated under division (D)(3)(a) or (b) of this section + | 25573 |
| (total special education weight X formula amount). | 25574 |
| In making the calculation required under division (D)(3) of | 25575 |
| this section, the department shall calculate for each joint | 25576 |
| vocational school district both of the following: | 25577 |
| (a) Cost-of-doing-business factor for fiscal year 2006 X | 25578 |
| formula amount for fiscal year 2006 X the sum of categories one | 25579 |
| through six special education ADM for fiscal year 2006; | 25580 |
| (b) Formula amount for the current fiscal year X the sum of | 25581 |
| categories one through six special education ADM for the current | 25582 |
| fiscal year. | 25583 |
| The purposes approved by the department for special education | 25584 |
| expenses shall include, but shall not be limited to, compliance | 25585 |
| with state rules governing the education of handicapped children, | 25586 |
| providing services identified in a student's individualized | 25587 |
| education program as defined in section 3323.01 of the Revised | 25588 |
| Code, provision of speech language pathology services, and the | 25589 |
| portion of the district's overall administrative and overhead | 25590 |
| costs that are attributable to the district's special education | 25591 |
| student population. | 25592 |
| The department shall require joint vocational school | 25593 |
| districts to report data annually to allow for monitoring | 25594 |
| compliance with division (D)(3) of this section. The department | 25595 |
| shall annually report to the governor and the general assembly the | 25596 |
| amount of money spent by each joint vocational school district for | 25597 |
| special education and related services. | 25598 |
| (4) In any fiscal year, a joint vocational school district | 25599 |
| shall spend for the provision of speech language pathology | 25600 |
| services not less than the sum of the amount calculated under | 25601 |
| division (D)(1) of this section for the students in the district's | 25602 |
| category one special education ADM and the amount calculated under | 25603 |
| division (D)(2) of this section. | 25604 |
| (E)(1) If a joint vocational school district's costs for a | 25605 |
| fiscal year for a student in its categories two through six | 25606 |
| special education ADM exceed the threshold catastrophic cost for | 25607 |
| serving the student, as specified in division (C)(3)(b) of section | 25608 |
| 3317.022 of the Revised Code, the district may submit to the | 25609 |
| superintendent of public instruction documentation, as prescribed | 25610 |
| by the superintendent, of all of its costs for that student. Upon | 25611 |
| submission of documentation for a student of the type and in the | 25612 |
| manner prescribed, the department shall pay to the district an | 25613 |
| amount equal to the sum of the following: | 25614 |
| (a) One-half of the district's costs for the student in | 25615 |
| excess of the threshold catastrophic cost; | 25616 |
| (b) The product of one-half of the district's costs for the | 25617 |
| student in excess of the threshold catastrophic cost multiplied by | 25618 |
| the district's state share percentage. | 25619 |
| (2) The district shall only report under division (E)(1) of | 25620 |
| this section, and the department shall only pay for, the costs of | 25621 |
| educational expenses and the related services provided to the | 25622 |
| student in accordance with the student's individualized education | 25623 |
| program. Any legal fees, court costs, or other costs associated | 25624 |
| with any cause of action relating to the student may not be | 25625 |
| included in the amount. | 25626 |
| (F) Each fiscal year, the department shall pay each joint | 25627 |
| vocational school district an amount for adult technical and | 25628 |
| vocational education and specialized consultants. | 25629 |
| (G)(1) A joint vocational school district's local share of | 25630 |
| special education and related services additional weighted costs | 25631 |
| equals: | 25632 |
| 25633 |
| 25634 |
| 25635 |
| (2) For each handicapped student receiving special education | 25636 |
| and related services under an individualized education program, as | 25637 |
| defined in section 3323.01 of the Revised Code, at a joint | 25638 |
| vocational district, the resident district or, if the student is | 25639 |
| enrolled in a community school, the community school shall be | 25640 |
| responsible for the amount of any costs of providing those special | 25641 |
| education and related services to that student that exceed the sum | 25642 |
| of the amount calculated for those services attributable to that | 25643 |
| student under divisions (B), (D), (E), and (G)(1) of this section. | 25644 |
| Those excess costs shall be calculated by subtracting the sum | 25645 |
| of the following from the actual cost to provide special education | 25646 |
| and related services to the student: | 25647 |
| (a) The | 25648 |
| 25649 |
| (b) The product of the formula amount times the applicable | 25650 |
| multiple specified in section 3317.013 of the Revised Code; | 25651 |
| (c) Any funds paid under division (E) of this section for the | 25652 |
| student; | 25653 |
| (d) Any other funds received by the joint vocational school | 25654 |
| district under this chapter to provide special education and | 25655 |
| related services to the student, not including the amount | 25656 |
| calculated under division (G)(2) of this section. | 25657 |
| (3) The board of education of the joint vocational school | 25658 |
| district | 25659 |
| division (G)(2) of this section to the department of education. | 25660 |
| (4) | 25661 |
| school district reports excess costs under division (G)(3) of this | 25662 |
| section, the department shall pay the amount of excess cost | 25663 |
| calculated under division (G)(2) of this section to the joint | 25664 |
| vocational school district and shall deduct that amount as | 25665 |
| provided in division (G)(4)(a) or (b) of this section, as | 25666 |
| applicable: | 25667 |
| (a) If the student is not enrolled in a community school, the | 25668 |
| department shall deduct the amount from the account of the | 25669 |
| student's resident district pursuant to division (M) of section | 25670 |
| 3317.023 of the Revised Code. | 25671 |
| (b) If the student is enrolled in a community school, the | 25672 |
| department shall deduct the amount from the account of the | 25673 |
| community school pursuant to section 3314.083 of the Revised Code. | 25674 |
| (H) In any fiscal year, if the total of all payments made to | 25675 |
| a joint vocational school district under divisions (B) to (D) of | 25676 |
| this section and division (R) of section 3317.024 of the Revised | 25677 |
| Code is less than the amount that district received in fiscal year | 25678 |
| 1999 under the version of this section in effect that year, plus | 25679 |
| the amount that district received under the version of section | 25680 |
| 3317.162 of the Revised Code in effect that year and minus the | 25681 |
| amounts received that year for driver education and adult | 25682 |
| education, the department shall pay the district an additional | 25683 |
| amount equal to the following: | 25684 |
| (1) In any fiscal year prior to fiscal year 2007, the | 25685 |
| difference between those two amounts; | 25686 |
| (2) In fiscal year 2007, the difference between those two | 25687 |
| amounts X 0.50. | 25688 |
| Sec. 3317.20. This section does not apply to handicapped | 25689 |
| preschool children. | 25690 |
| (A) As used in this section: | 25691 |
| (1) "Applicable weight" means the multiple specified in | 25692 |
| section 3317.013 of the Revised Code for a handicap described in | 25693 |
| that section. | 25694 |
| (2) "Child's school district" means the school district in | 25695 |
| which a child is entitled to attend school pursuant to section | 25696 |
| 3313.64 or 3313.65 of the Revised Code. | 25697 |
| (3) "State share percentage" means the state share percentage | 25698 |
| of the child's school district as defined in section 3317.022 of | 25699 |
| the Revised Code. | 25700 |
| (B) Except as provided in division (C) of this section, the | 25701 |
|
department shall annually pay each county
MR/DD board | 25702 |
| 25703 | |
| other than a handicapped preschool child, for whom the county | 25704 |
| MR/DD board provides special education and related services the | 25705 |
| amount calculated under division (B)(1) or (2) of this section. | 25706 |
| (1) In fiscal year 2006, the amount for each handicapped | 25707 |
| child shall be calculated according to the following formula: | 25708 |
| 25709 |
| 25710 |
| 25711 |
| 25712 |
| (2) In fiscal year 2007 and thereafter, the amount for each | 25713 |
| handicapped child shall be the greater of the amount calculated | 25714 |
| under division (B)(2)(a) or (b) of this section. | 25715 |
| In fiscal year 2007 and thereafter, the department shall | 25716 |
| calculate both of the following for each county MR/DD board: | 25717 |
| (a) (The formula amount for fiscal year 2006 X the | 25718 |
| cost-of-doing-business factor for the child's school district for | 25719 |
| fiscal year 2006) + (state share percentage for fiscal year 2006 X | 25720 |
| formula amount for fiscal year 2006 X the applicable weight); | 25721 |
| (b) The formula amount + (state share percentage X formula | 25722 |
| amount X the applicable weight). | 25723 |
| (C) If any school district places with a county MR/DD board | 25724 |
| more handicapped children than it had placed with a county MR/DD | 25725 |
| board in fiscal year 1998, the department shall not make a payment | 25726 |
| under division (B) of this section for the number of children | 25727 |
| exceeding the number placed in fiscal year 1998. The department | 25728 |
| instead shall deduct from the district's payments under this | 25729 |
| chapter, and pay to the county MR/DD board, an amount calculated | 25730 |
| in accordance with the formula prescribed in division (B) of this | 25731 |
| section for each child over the number of children placed in | 25732 |
| fiscal year 1998. | 25733 |
| (D) The department shall calculate for each county MR/DD | 25734 |
| board receiving payments under divisions (B) and (C) of this | 25735 |
| section the following amounts: | 25736 |
| (1) The amount received by the county MR/DD board for | 25737 |
| approved special education and related services units, other than | 25738 |
| preschool handicapped units, in fiscal year 1998, divided by the | 25739 |
| total number of children served in the units that year; | 25740 |
| (2) The product of the quotient calculated under division | 25741 |
| (D)(1) of this section times the number of children for whom | 25742 |
| payments are made under divisions (B) and (C) of this section. | 25743 |
| If the amount calculated under division (D)(2) of this | 25744 |
| section is greater than the total amount calculated under | 25745 |
| divisions (B) and (C) of this section, the department shall pay | 25746 |
| the county MR/DD board one hundred per cent of the difference in | 25747 |
| addition to the payments under divisions (B) and (C) of this | 25748 |
| section. | 25749 |
| Sec. 3317.201. This section does not apply to handicapped | 25750 |
| preschool children. | 25751 |
| (A) As used in this section, the "total special education | 25752 |
| weight" for an institution means the sum of the following amounts: | 25753 |
| (1) The number of children reported by the institution under | 25754 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25755 |
| receiving services for a handicap described in division (A) of | 25756 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25757 |
| specified in that division; | 25758 |
| (2) The number of children reported by the institution under | 25759 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25760 |
| receiving services for a handicap described in division (B) of | 25761 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25762 |
| specified in that division; | 25763 |
| (3) The number of children reported by the institution under | 25764 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25765 |
| receiving services for a handicap described in division (C) of | 25766 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25767 |
| specified in that division; | 25768 |
| (4) The number of children reported by the institution under | 25769 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25770 |
| receiving services for a handicap described in division (D) of | 25771 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25772 |
| specified in that division; | 25773 |
| (5) The number of children reported by the institution under | 25774 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25775 |
| receiving services for a handicap described in division (E) of | 25776 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25777 |
| specified in that division; | 25778 |
| (6) The number of children reported by the institution under | 25779 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 25780 |
| receiving services for a handicap described in division (F) of | 25781 |
| section 3317.013 of the Revised Code multiplied by the multiple | 25782 |
| specified in that division. | 25783 |
| (B) The department of education annually shall pay each state | 25784 |
| institution required to provide special education services under | 25785 |
| division (A) of section 3323.091 of the Revised Code an amount | 25786 |
| equal to the greater of: | 25787 |
| (1) The formula amount times the institution's total special | 25788 |
| education weight; | 25789 |
| (2) The aggregate amount of special education and related | 25790 |
| services unit funding the institution received for all handicapped | 25791 |
| children other than handicapped preschool children in fiscal year | 25792 |
| 2005 under sections 3317.052 and 3317.053 of the Revised Code, as | 25793 |
| those sections existed prior to the effective date of this | 25794 |
| section. | 25795 |
| Sec. 3317.50. The | 25796 |
| fund is hereby created in the state treasury. The fund shall | 25797 |
| consist of certain excess local exchange telephone company | 25798 |
| contributions transferred from the reserve fund of the Ohio | 25799 |
| telecommunications advisory board pursuant to an agreement between | 25800 |
| the public utilities commission of Ohio and the Ohio department of | 25801 |
| education. The fund shall be used to finance technology grants to | 25802 |
| state-chartered elementary and secondary schools. Investment | 25803 |
| earnings of the fund shall be credited to the fund. | 25804 |
| Sec. 3317.51. (A) The distance learning fund is hereby | 25805 |
| created in the state treasury. The fund shall consist of moneys | 25806 |
| paid to the agency designated by the governor to assume the | 25807 |
| functions of the Ohio SchoolNet commission by any telephone | 25808 |
| company as a part of a settlement agreement between such company | 25809 |
| and the public utilities commission in fiscal year 1995 in part to | 25810 |
| establish distance learning throughout the
state. The | 25811 |
| agency shall administer the fund and expend moneys from it to | 25812 |
| finance technology grants to eligible schools chartered by the | 25813 |
| state board of education to establish distance learning in those | 25814 |
| schools. Chartered schools are eligible for funds if they are | 25815 |
| within the service area of the telephone company. Investment | 25816 |
| earnings of the fund shall be credited to the fund. | 25817 |
| (B) For purposes of this section, "distance learning" means | 25818 |
| the creation of a learning environment involving a school setting | 25819 |
| and at least one other location outside of the school which allows | 25820 |
| for information available at one site to be accessed at the other | 25821 |
| through the use of such educational applications as one-way or | 25822 |
| two-way transmission of data, voice, and video, singularly or in | 25823 |
| appropriate combinations. | 25824 |
| Sec. 3318.011. For purposes of providing assistance under | 25825 |
| sections 3318.01 to 3318.20 of the Revised Code, the department of | 25826 |
| education shall annually do all of the following: | 25827 |
| (A) Calculate the adjusted valuation per pupil of each city, | 25828 |
| local, and exempted village school district according to the | 25829 |
| following formula: | 25830 |
| 25831 |
| 25832 |
| For purposes of this calculation: | 25833 |
| (1) "Valuation per pupil" for a district means its average | 25834 |
|
taxable value, divided by its adjusted formula ADM | 25835 |
| as defined in section
| 25836 |
| previous fiscal year. | 25837 |
| (2) "Average taxable value" means the average of the amounts | 25838 |
| certified for a district in the second, third, and fourth | 25839 |
| preceding fiscal years under divisions (A)(1) and (2) of section | 25840 |
| 3317.021 of the Revised Code. | 25841 |
| (3) "Income factor" has the same meaning as in section | 25842 |
| 3317.02 of the Revised Code. | 25843 |
| (B) Calculate for each district the three-year average of the | 25844 |
| adjusted valuations per pupil calculated for the district for the | 25845 |
| current and two preceding fiscal years; | 25846 |
| (C) Rank all such districts in order of adjusted valuation | 25847 |
| per pupil from the district with the lowest three-year average | 25848 |
| adjusted valuation per pupil to the district with the highest | 25849 |
| three-year average adjusted valuation per pupil; | 25850 |
| (D) Divide such ranking into percentiles with the first | 25851 |
| percentile containing the one per cent of school districts having | 25852 |
| the lowest three-year average adjusted valuations per pupil and | 25853 |
| the one-hundredth percentile containing the one per cent of school | 25854 |
| districts having the highest three-year average adjusted | 25855 |
| valuations per pupil; | 25856 |
| (E) Determine the school districts that have three-year | 25857 |
| average adjusted valuations per pupil that are greater than the | 25858 |
| median three-year average adjusted valuation per pupil for all | 25859 |
| school districts in the state; | 25860 |
| (F) On or before the first day of September, certify the | 25861 |
| information described in divisions (A) to (E) of this section to | 25862 |
| the Ohio school facilities commission. | 25863 |
| Sec. 3318.111. (A) As used in this section: | 25864 |
| (1) "Valuation" of a school district means the sum of the | 25865 |
| amounts described in divisions (A)(1) and (2) of section 3317.021 | 25866 |
| of the Revised Code as most recently certified for the district | 25867 |
| before the annual computation is made under division (B) of this | 25868 |
| section. | 25869 |
| (2) "One-half-mill yield" of a school district means the | 25870 |
| amount of taxes that would be charged and payable against the | 25871 |
| district's valuation from a tax of one-half mill per dollar of | 25872 |
| that valuation. | 25873 |
| (3) "One-half-mill yield per pupil" of a school district | 25874 |
| means the district's one-half-mill yield divided by the district's | 25875 |
| formula ADM as most recently reported under section 3317.03 of the | 25876 |
| Revised Code before the annual computation is made under division | 25877 |
| (B) of this section. | 25878 |
| (4) "Statewide average yield per pupil" means the amount of | 25879 |
| taxes that would be charged and payable from a tax levied on the | 25880 |
| valuation of all school districts at the rate of one-half mill per | 25881 |
| dollar of that valuation divided by the total of the formula ADMs | 25882 |
| of all school districts as most recently reported under section | 25883 |
| 3317.03 of the Revised Code before the annual computation is made | 25884 |
| under division (C) of this section. | 25885 |
| (5) "Maintenance levy requirement" means the tax required to | 25886 |
| be levied pursuant to division (C)(2)(a) of section 3318.08 and | 25887 |
| division (B) of section 3318.05 of the Revised Code or the | 25888 |
| application of proceeds of another levy to paying the costs of | 25889 |
| maintaining classroom facilities pursuant to division (A)(2) of | 25890 |
| section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, | 25891 |
| or division (D)(2) of section 3318.36 of the Revised Code, or a | 25892 |
| combination thereof. | 25893 |
| (6) "Project agreement" means an agreement between a school | 25894 |
| district and the Ohio school facilities commission under section | 25895 |
| 3318.08 or division (B)(1) of section 3318.36 of the Revised Code. | 25896 |
| (B) On or before July 1, 2006, the department of education | 25897 |
| shall compute the statewide average yield per pupil and the | 25898 |
| one-half-mill yield per pupil of each school district, and provide | 25899 |
| them to the Ohio school facilities commission. On or before the | 25900 |
| first day of July each year beginning in 2007, the department of | 25901 |
| education shall compute the statewide average yield per pupil and | 25902 |
| the one-half-mill yield per pupil of each school district that has | 25903 |
| already entered into a project agreement, and provide the results | 25904 |
| of those computations to the commission. | 25905 |
| (C)(1) At the time the Ohio school facilities commission | 25906 |
| enters into a project agreement with a school district, the | 25907 |
| commission shall compute the difference between the district's | 25908 |
| one-half-mill yield per pupil and the statewide average yield per | 25909 |
| pupil as most recently provided to the commission under division | 25910 |
| (B) of this section. If the school district's one-half-mill yield | 25911 |
| per pupil is less than the average statewide yield per pupil, the | 25912 |
| commission shall multiply the difference between those amounts by | 25913 |
| the formula ADM of the district as most recently reported to the | 25914 |
| department of education under division (A) of section 3317.03 of | 25915 |
| the Revised Code. The commission shall certify the resulting | 25916 |
| product to the department of education, along with the date on | 25917 |
| which the maintenance levy requirement terminates as provided in | 25918 |
| the project agreement between the school district board and the | 25919 |
| commission. | 25920 |
| (2) In the case of a school district that entered into a | 25921 |
| project agreement after July 1, 1997, but before July 1, 2006, the | 25922 |
| commission shall make the computation described in division (C)(1) | 25923 |
| of this section on the basis of the district's one-half-mill yield | 25924 |
| per pupil and the statewide average yield per pupil computed as of | 25925 |
| September 1, 2006. | 25926 |
| (3) The amount computed for a school district under division | 25927 |
| (C)(1) or (2) of this section shall not change for the period | 25928 |
| during which payments are made to the district under division (D) | 25929 |
| of this section. | 25930 |
| (4) A computation need not be made under division (C)(1) or | 25931 |
| (2) of this section for a school district that certified a | 25932 |
| resolution to the commission under division (D)(3) of section | 25933 |
| 3318.36 of the Revised Code until the district becomes eligible | 25934 |
| for state assistance as provided in that division. | 25935 |
| (D) In the fourth quarter of each fiscal year, for each | 25936 |
| school district for which a computation has been made under | 25937 |
| division (C) of this section, the department of education shall | 25938 |
| pay the amount computed to each such school district. Payments | 25939 |
| shall be made to a school district each year until and including | 25940 |
| the tax year in which the district's maintenance levy requirement | 25941 |
| terminates. Payments shall be paid from the half-mill equalization | 25942 |
| fund, subject to appropriation by the general assembly. | 25943 |
| (E) Payments made to a school district under this section | 25944 |
| shall be credited to the district's classroom facilities | 25945 |
| maintenance fund and shall be used only for the purpose of | 25946 |
| maintaining facilities constructed or renovated under the project | 25947 |
| agreement. | 25948 |
| (F) There is hereby created in the state treasury the | 25949 |
| half-mill equalization fund. The fund shall receive transfers | 25950 |
| pursuant to section 5727.85 of the Revised Code. The fund shall be | 25951 |
| used first to make annual payments under division (D) of this | 25952 |
| section. If a balance remains in the fund after such payments are | 25953 |
| made in full for a year, the Ohio school facilities commission may | 25954 |
| request the controlling board to transfer a reasonable amount from | 25955 |
| such remaining balance to the public school building fund created | 25956 |
| under section 3318.15 of the Revised Code for the purposes of this | 25957 |
| chapter. | 25958 |
| All investment earnings arising from investment of money in | 25959 |
| the half-mill equalization fund shall be credited to the fund. | 25960 |
| Sec. 3318.33. (A) There is hereby created in the state | 25961 |
| treasury the Ohio school facilities commission fund, which shall | 25962 |
| consist of transfers of moneys authorized by the general assembly | 25963 |
| and revenues received by the Ohio school facilities commission | 25964 |
| under section 3318.31 of the Revised Code. Investment earnings on | 25965 |
| moneys in the fund shall be credited to the fund. Moneys in the | 25966 |
| fund may be used by the commission to pay personnel and other | 25967 |
| administrative expenses, to pay the cost of conducting evaluations | 25968 |
| of classroom facilities, to pay the cost of preparing building | 25969 |
| design specifications, to pay the cost of providing project | 25970 |
| management services, and for other purposes determined by the | 25971 |
| commission to be necessary to fulfill its duties under | 25972 |
| 25973 |
| (B) The director of budget and management may transfer to the | 25974 |
| Ohio school facilities commission fund the investment earnings on | 25975 |
| the
public school building fund | 25976 |
| Revised Code, the investment earnings on the education facilities | 25977 |
| trust fund created in section 183.26 of the Revised Code, or both. | 25978 |
| The director of budget and management may transfer to the Ohio | 25979 |
| school facilities commission fund the investment earnings on the | 25980 |
| school building program assistance fund, created under section | 25981 |
| 3318.25 of the Revised Code, in excess of the amounts needed to | 25982 |
| meet estimated federal arbitrage rebate requirements. | 25983 |
| | 25984 |
| treasury the | 25985 |
| assistance fund. Money in the fund shall be used solely to provide | 25986 |
| interest-free loans to school districts, including joint | 25987 |
| vocational
school districts, under sections | 25988 |
| 25989 | |
| construction of new vocational classroom facilities, the | 25990 |
| renovation of existing vocational classroom facilities, or the | 25991 |
| purchase of vocational education equipment or facilities. Moneys | 25992 |
| in the fund shall consist of transfers made to the fund, any | 25993 |
| interest earned by the fund, and repayments of loans made under | 25994 |
| sections | 25995 |
| Investment earnings of the fund shall be credited to the fund. | 25996 |
| | 25997 |
| school facilities commission shall adopt rules in accordance with | 25998 |
| Chapter 119. of the Revised Code under which, in any fiscal year | 25999 |
| that funds are appropriated from the
| 26000 |
| school building assistance fund for such purpose, the
| 26001 |
| commission may make interest-free loans to school districts. The | 26002 |
| rules shall include all of the following: | 26003 |
| (A) Application procedures, including the date by which | 26004 |
| applications shall be made; | 26005 |
| (B) Eligibility criteria, which shall include at least the | 26006 |
| following provisions: | 26007 |
| (1) A requirement that an applicant district demonstrate | 26008 |
| financial need for the loan. Indicators of need may include, but | 26009 |
| need not be limited to, levels of assessed valuation, enrollment | 26010 |
| levels and enrollment changes, ability of the district to maintain | 26011 |
| minimum educational standards, and demonstrated good faith efforts | 26012 |
| by the district to secure funds from sources other than the state. | 26013 |
| (2) A requirement that an applicant district demonstrate the | 26014 |
| ability to repay the loan within the maximum period permitted by | 26015 |
| division (D) of this section; | 26016 |
| (3) A requirement that an applicant district is not eligible | 26017 |
| for a loan, other than a loan for the purchase of any vocational | 26018 |
| education equipment that is not an approved project cost under | 26019 |
| this chapter, if the district, on the date of application for the | 26020 |
| loan, has at any time received any state assistance under sections | 26021 |
| 3318.01 to 3318.20, section 3318.37 or 3318.38, or sections | 26022 |
| 3318.40 to 3318.45 of the Revised Code or is reasonably expected | 26023 |
| to receive state assistance under any of those sections within | 26024 |
| three fiscal years; | 26025 |
| (4) A requirement that an applicant district agree to comply | 26026 |
| with all applicable design specifications and policies of the | 26027 |
| commission established pursuant to this chapter in the | 26028 |
| construction, renovation, or purchase of facilities or equipment | 26029 |
| paid for with the loan, unless such specifications or policies are | 26030 |
| waived by the commission. | 26031 |
| (C) Loan approval procedures and criteria, including criteria | 26032 |
| for prioritizing eligible applications. Criteria for such | 26033 |
| prioritization shall include: | 26034 |
| (1) Preference for applicant districts that demonstrate | 26035 |
| commitment and innovative approaches to the implementation of the | 26036 |
| department of education's vocational education modernization plan | 26037 |
| pursuant to section 3313.901 of the Revised Code; | 26038 |
| (2) Preference for applicant districts that have entered into | 26039 |
| or are in the process of entering into cooperative agreements with | 26040 |
| technical colleges or other institutions of higher education | 26041 |
| either to coordinate secondary vocational education and | 26042 |
| post-secondary technical education programs, or to share | 26043 |
| facilities and equipment. | 26044 |
| (D) Provisions governing the repayment of loans, including a | 26045 |
| provision that loans for construction, acquisition, or renovation | 26046 |
| of facilities shall be repaid within a maximum of fifteen years | 26047 |
| and loans for vocational education equipment shall be repaid | 26048 |
| within a maximum of five years; | 26049 |
| (E) A requirement that no loan shall be applied to the local | 26050 |
| resources a district expends as a condition of participation in a | 26051 |
| program established under section 3318.36 or 3318.46 of the | 26052 |
| Revised Code. | 26053 |
| | 26054 |
| school facilities commission shall enter into a loan agreement | 26055 |
| with each school district it approves for a loan under section | 26056 |
| 26057 | |
| the amount of the loan, the purposes for which it is to be used, | 26058 |
| the duration of the loan, and the repayment schedule. Every such | 26059 |
| agreement shall contain a provision
| 26060 |
| state board of education, upon the request of the executive | 26061 |
| director of the commission, to deduct from payments due to the | 26062 |
| district under Chapter 3317. of the Revised Code or from any other | 26063 |
| funds appropriated to the district by the general assembly, the | 26064 |
| amount of any scheduled loan payment due but not paid by the | 26065 |
| district and, within ten days, to transfer that amount to the | 26066 |
| commission. | 26067 |
| A copy of each loan agreement shall be furnished to the | 26068 |
| controlling board. No
money shall be released from the | 26069 |
| career-technical school building assistance fund without the | 26070 |
| approval of the controlling board. | 26071 |
| Sec. 3319.081. Except as otherwise provided in division (G) | 26072 |
| of this section, in all school districts wherein the provisions of | 26073 |
| Chapter 124. of the Revised Code do not apply, the following | 26074 |
| employment contract system shall control for employees whose | 26075 |
| contracts of employment are not otherwise provided by law: | 26076 |
| (A) Newly hired regular nonteaching school employees, | 26077 |
| including regular hourly rate and per diem employees, shall enter | 26078 |
| into written contracts for their employment which shall be for a | 26079 |
| period of not more than one year. If such employees are rehired, | 26080 |
| their subsequent contract shall be for a period of two years. | 26081 |
| (B) After the termination of the two-year contract provided | 26082 |
| in division (A) of this section, if the contract of a nonteaching | 26083 |
| employee is renewed, the employee shall be continued in | 26084 |
| employment, and the salary provided in the contract may be | 26085 |
| increased but not reduced unless such reduction is a part of a | 26086 |
| uniform plan affecting the nonteaching employees of the entire | 26087 |
| district. | 26088 |
| (C) The contracts as provided for in this section may be | 26089 |
|
terminated by a majority vote of the board of education. | 26090 |
| Except as provided in sections 3319.0810 and 3319.172 of the | 26091 |
| Revised Code, the contracts may be terminated only for violation | 26092 |
| of written rules and regulations as set forth by the board of | 26093 |
| education or for incompetency, inefficiency, dishonesty, | 26094 |
| drunkenness, immoral conduct, insubordination, discourteous | 26095 |
| treatment of the public, neglect of duty, or any other acts of | 26096 |
| misfeasance, malfeasance, or nonfeasance. In addition to the right | 26097 |
| of the board of education to terminate the contract of an | 26098 |
| employee, the board may suspend an employee for a definite period | 26099 |
| of time or demote the employee for the reasons set forth in this | 26100 |
| division. The action of the board of education terminating the | 26101 |
| contract of an employee
or suspending or demoting | 26102 |
| shall be served upon the employee by certified mail. Within ten | 26103 |
| days following the receipt of such notice by the employee, the | 26104 |
| employee may file an appeal, in writing, with the court of common | 26105 |
| pleas of the county in which such school board is situated. After | 26106 |
| hearing the appeal the common pleas court may affirm, disaffirm, | 26107 |
| or modify the action of the school board. | 26108 |
| A violation of division (A)(7) of section 2907.03 of the | 26109 |
| Revised Code is grounds for termination of employment of a | 26110 |
| nonteaching employee under this division. | 26111 |
| (D) All employees who have been employed by a school district | 26112 |
| where the provisions of Chapter 124. of the Revised Code do not | 26113 |
| apply, for a period of at least three years on November 24, 1967, | 26114 |
| shall hold continuing contracts of employment pursuant to this | 26115 |
| section. | 26116 |
| (E) Any nonteaching school employee may terminate | 26117 |
| nonteaching school employee's contract of employment thirty days | 26118 |
| subsequent to the filing of a written notice of such termination | 26119 |
| with the treasurer of the board. | 26120 |
| (F) A person hired exclusively for the purpose of replacing a | 26121 |
| nonteaching school employee while such employee is on leave of | 26122 |
| absence granted under section 3319.13 of the Revised Code is not a | 26123 |
| regular nonteaching school employee under this section. | 26124 |
| (G) All nonteaching employees employed pursuant to this | 26125 |
| section and Chapter 124. of the Revised Code shall be paid for all | 26126 |
| time lost when the schools in which they are employed are closed | 26127 |
| owing to an epidemic or other public calamity. Nothing in this | 26128 |
| division shall be construed as requiring payment in excess of an | 26129 |
| employee's regular wage rate or salary for any time worked while | 26130 |
|
the school in which | 26131 |
| closed for the reasons set forth in this division. | 26132 |
| Sec. 3319.0810. (A) The board of education of any school | 26133 |
| district wherein the provisions of Chapter 124. of the Revised | 26134 |
| Code do not apply may terminate any of its transportation staff | 26135 |
| positions for reasons of economy and efficiency if the board | 26136 |
| instead of employing its own staff to transport some or all of the | 26137 |
| students enrolled in the district schools enters into a contract | 26138 |
| with an independent agent for the provision of transportation | 26139 |
| services for such students. Such a contract may be entered into | 26140 |
| only if all of the following conditions are satisfied: | 26141 |
| (1) Any collective bargaining agreement between the employee | 26142 |
| organization representing the employees whose positions are | 26143 |
| terminated under this section and the board has expired or will | 26144 |
| expire within sixty days and has not been renewed in conformance | 26145 |
| with provisions of that agreement and with Chapter 4117. of the | 26146 |
| Revised Code, or the agreement contains provisions permitting the | 26147 |
| termination of positions for reasons of economy and efficiency | 26148 |
| while the agreement is in force and the board is in conformance | 26149 |
| with those provisions. | 26150 |
| (2) The board permits any employee whose position is | 26151 |
| terminated under this section to fill any vacancy within the | 26152 |
| district's organization for which the employee is qualified. The | 26153 |
| board shall select from among similarly qualified employees to | 26154 |
| fill such vacancies pursuant to procedures established under any | 26155 |
| collective bargaining agreement between the employee organization | 26156 |
| representing the terminated employees and the board that is in | 26157 |
| force at the time of the termination, or in absence of such | 26158 |
| provisions on the basis of seniority of employment by the board | 26159 |
| with the employee with the greatest seniority having highest | 26160 |
| priority. | 26161 |
| (3) Unless a collective bargaining agreement between the | 26162 |
| employee organization representing the terminated employees and | 26163 |
| the board that is in force at the time of the termination provides | 26164 |
| otherwise, the board permits any employee whose position is | 26165 |
| terminated under this section to fill the employee's former | 26166 |
| position in the event that the board reinstates that position | 26167 |
| within one year after the date the position is terminated under | 26168 |
| this section. | 26169 |
| (4) The board permits any employee whose position is | 26170 |
| terminated under this section to appeal in accordance with section | 26171 |
| 119.12 of the Revised Code the board's decision to terminate the | 26172 |
| employee's position, not to hire that employee for another | 26173 |
| position pursuant to division (A)(2) of this section, or not to | 26174 |
| rehire that employee for the position if it is reinstated within | 26175 |
| one year after the position is terminated pursuant to division | 26176 |
| (A)(3) of this section. | 26177 |
| (5) The contract entered into by the board and an independent | 26178 |
| agent for the provision of transportation services contains a | 26179 |
| stipulation requiring the agent to consider hiring any employees | 26180 |
| of the school district whose positions are terminated under this | 26181 |
| section for similar positions within the agent's organization. | 26182 |
| (6) The contract entered into by the board and an independent | 26183 |
| agent for the provision of transportation services contains a | 26184 |
| stipulation requiring the agent to recognize for purposes of | 26185 |
| employee representation in collective bargaining any employee | 26186 |
| organization that represented the employees whose positions are | 26187 |
| terminated under this section in collective bargaining with the | 26188 |
| board at the time of the termination provided: | 26189 |
| (a) A majority of all employees in the bargaining unit agree | 26190 |
| to such representation; | 26191 |
| (b) Such representation is not prohibited by federal law, | 26192 |
| including any ruling of the national labor relations board; | 26193 |
| (c) The employee organization is not prohibited from | 26194 |
| representing nonpublic employees by other provisions of law or its | 26195 |
| own governing instruments. | 26196 |
| However, any employee whose position is terminated under this | 26197 |
| section shall not be compelled to be included in such bargaining | 26198 |
| unit if there is another bargaining unit within the agent's | 26199 |
| organization that is applicable to the employee. | 26200 |
| (B) If after terminating any positions of employment under | 26201 |
| this section the board fails to comply with any condition | 26202 |
| prescribed in division (A) of this section or fails to enforce on | 26203 |
| the agent its contractual obligations prescribed in divisions | 26204 |
| (A)(5) and (6) of this section, the terminations shall be void and | 26205 |
| the board shall reinstate the positions and fill them with the | 26206 |
| employees who filled those positions just prior to the | 26207 |
| terminations. Such employees shall be compensated at a rate equal | 26208 |
| to their rate of compensation in those positions just prior to the | 26209 |
| terminations plus any increases paid since the terminations to | 26210 |
| other nonteaching employees. The employees shall also be entitled | 26211 |
| to back pay at such rate for the period from the date of the | 26212 |
| terminations to the date of the reinstatements minus any pay | 26213 |
| received by the employees during any time the board was in | 26214 |
| compliance with such conditions or during any time the board | 26215 |
| enforced those obligations. | 26216 |
| Any employee aggrieved by the failure of the board to comply | 26217 |
| with any condition prescribed in division (A) of this section or | 26218 |
| to enforce on the agent its contractual obligations prescribed in | 26219 |
| divisions (A)(5) and (6) of this section shall have the right to | 26220 |
| sue the board for reinstatement of the employee's former position | 26221 |
| as provided for in this division in the court of common pleas for | 26222 |
| the county in which the school district is located or, if the | 26223 |
| school district is located in more than one county, in the court | 26224 |
| of common pleas for the county in which the majority of the | 26225 |
| territory of the school district is located. | 26226 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 26227 |
| contract" means any contract or agreement entered into by an | 26228 |
| educational service center governing board and another board or | 26229 |
| other public entity pursuant to section 3313.17, 3313.841, | 26230 |
| 3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, | 26231 |
| including any such contract or agreement for the provision of | 26232 |
| services funded under division (L) of section 3317.024 of the | 26233 |
| Revised Code or provided in any unit approved under section | 26234 |
| 3317.05 of the Revised Code. | 26235 |
| (B) When, for any of the following reasons that apply to any | 26236 |
| city, exempted village, local, or joint vocational school district | 26237 |
| or any educational service center, the board decides that it will | 26238 |
| be necessary to reduce the number of teachers it employs, it may | 26239 |
| make a reasonable reduction: | 26240 |
| (1) In the case of any district or service center, return to | 26241 |
| duty of regular teachers after leaves of absence including leaves | 26242 |
| provided pursuant to division (B) of section 3314.10 of the | 26243 |
| Revised Code, suspension of schools, | 26244 |
| affecting the district or center, or financial reasons; | 26245 |
| (2) In the case of any city, exempted village, local, or | 26246 |
| joint vocational school district, decreased enrollment of pupils | 26247 |
| in the district; | 26248 |
| (3) In the case of any governing board of a service center | 26249 |
| providing any particular service directly to pupils pursuant to | 26250 |
| one or more interdistrict contracts requiring such service, | 26251 |
| reduction in the total number of pupils the governing board is | 26252 |
| required to provide with the service under all interdistrict | 26253 |
| contracts as a result of the termination or nonrenewal of one or | 26254 |
| more of these interdistrict contracts; | 26255 |
| (4) In the case of any governing board providing any | 26256 |
| particular service that it does not provide directly to pupils | 26257 |
| pursuant to one or more interdistrict contracts requiring such | 26258 |
| service, reduction in the total level of the service the governing | 26259 |
| board is required to provide under all interdistrict contracts as | 26260 |
| a result of the termination or nonrenewal of one or more of these | 26261 |
| interdistrict contracts. | 26262 |
| (C) In making any such reduction, any city, exempted village, | 26263 |
| local, or joint vocational school board shall proceed to suspend | 26264 |
| contracts in accordance with the recommendation of the | 26265 |
| superintendent of schools who shall, within each teaching field | 26266 |
| affected, give preference first to teachers on continuing | 26267 |
| contracts and then to teachers who have greater seniority. In | 26268 |
| making any such reduction, any governing board of a service center | 26269 |
| shall proceed to suspend contracts in accordance with the | 26270 |
| recommendation of the superintendent who shall, within each | 26271 |
| teaching field or service area affected, give preference first to | 26272 |
| teachers on continuing contracts and then to teachers who have | 26273 |
| greater seniority. | 26274 |
| On a case-by-case basis, in lieu of suspending a contract in | 26275 |
| whole, a board may suspend a contract in part, so that an | 26276 |
| individual is required to work a percentage of the time the | 26277 |
| employee otherwise is required to work under the contract and | 26278 |
| receives a commensurate percentage of the full compensation the | 26279 |
| employee otherwise would receive under the contract. | 26280 |
| The teachers whose continuing contracts are suspended by any | 26281 |
| board pursuant to this section shall have the right of restoration | 26282 |
| to continuing service status by that board in the order of | 26283 |
| seniority of service in the district or service center if and when | 26284 |
| teaching positions become vacant or are created for which any of | 26285 |
| such teachers are or become qualified. No teacher whose continuing | 26286 |
| contract has been suspended pursuant to this section shall lose | 26287 |
| that right of restoration to continuing service status by reason | 26288 |
| of having declined recall to a position that is less than | 26289 |
| full-time or, if the teacher was not employed full-time just prior | 26290 |
| to suspension of the teacher's continuing contract, to a position | 26291 |
| requiring a lesser percentage of full-time employment than the | 26292 |
| position the teacher last held while employed in the district or | 26293 |
| service center. | 26294 |
| Sec. 3319.172. The board of education of each school district | 26295 |
| wherein the provisions of Chapter 124. of the Revised Code do not | 26296 |
| apply and the governing board of each educational service center | 26297 |
| may adopt a resolution ordering reasonable reductions in the | 26298 |
| number of nonteaching employees for any of the reasons for which | 26299 |
| the board of education or governing board may make reductions in | 26300 |
| teaching employees, as set forth in division (B) of section | 26301 |
| 3319.17 of the Revised Code. | 26302 |
| In making any reduction under this section, the board of | 26303 |
| education or governing board shall proceed to suspend contracts in | 26304 |
| accordance with the recommendation of the superintendent of the | 26305 |
| district or service center who shall, within each pay | 26306 |
| classification affected, give preference first to employees under | 26307 |
| continuing contracts and then to employees on the basis of | 26308 |
| seniority. On a case-by-case basis, in lieu of suspending a | 26309 |
| contract in whole, a board may suspend a contract in part, so that | 26310 |
| an individual is required to work a percentage of the time the | 26311 |
| employee otherwise is required to work under the contract and | 26312 |
| receives a commensurate percentage of the full compensation the | 26313 |
| employee otherwise would receive under the contract. | 26314 |
| Any nonteaching employee whose continuing contract is | 26315 |
| suspended under this section shall have the right of restoration | 26316 |
| to continuing service status by the board of education or | 26317 |
| governing board that suspended that contract in order of seniority | 26318 |
| of service in the district or service center, if and when a | 26319 |
| nonteaching position for which the employee is qualified becomes | 26320 |
| vacant or is created. No nonteaching employee whose continuing | 26321 |
| contract has been suspended under this section shall lose that | 26322 |
| right of restoration to continuing service status by reason of | 26323 |
| having declined recall to a position requiring fewer regularly | 26324 |
| scheduled hours of work than required by the position the employee | 26325 |
| last held while employed in the district or service center. | 26326 |
| Sec. 3319.22. (A)(1) The state board of education shall | 26327 |
| adopt rules establishing the standards and requirements for | 26328 |
| obtaining temporary, associate, provisional, and professional | 26329 |
| educator licenses of any categories, types, and levels the board | 26330 |
| elects to provide. However, no educator license shall be required | 26331 |
| for teaching children two years old or younger. | 26332 |
| (2) If the state board requires any examinations for educator | 26333 |
| licensure, the department of education shall provide the results | 26334 |
| of such examinations received by the department to the Ohio board | 26335 |
| of regents, in the manner and to the extent permitted by state and | 26336 |
| federal law. | 26337 |
| (B) Any rules the state board of education adopts, amends, or | 26338 |
| rescinds for educator licenses under this section, division (D) of | 26339 |
| section 3301.07 of the Revised Code, or any other law shall be | 26340 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 26341 |
| Code except as follows: | 26342 |
| (1) Notwithstanding division (D) of section 119.03 and | 26343 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 26344 |
| of the adoption of any rule or the amendment or rescission of any | 26345 |
| rule that necessitates institutions' offering teacher preparation | 26346 |
| programs that are approved by the state board of education under | 26347 |
| section 3319.23 of the Revised Code to revise the curriculum of | 26348 |
| those programs, the effective date shall not be as prescribed in | 26349 |
| division (D) of section 119.03 and division (A)(1) of section | 26350 |
| 119.04 of the Revised Code. Instead, the effective date of such | 26351 |
| rules, or the amendment or rescission of such rules, shall be the | 26352 |
| date prescribed by section 3319.23 of the Revised Code. | 26353 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 26354 |
| emergency rules in division (F) of section 119.03 of the Revised | 26355 |
| Code, this authority shall not apply to the state board of | 26356 |
| education with regard to rules for educator licenses. | 26357 |
| (C)(1) The rules adopted under this section establishing | 26358 |
| standards requiring additional coursework for the renewal of any | 26359 |
| educator license shall require a school district and a chartered | 26360 |
| nonpublic school to establish local professional development | 26361 |
| committees. In a nonpublic school, the chief administrative | 26362 |
| officer shall establish the committees in any manner acceptable to | 26363 |
| such officer. The committees established under this division shall | 26364 |
| determine whether coursework that a district or chartered | 26365 |
| nonpublic school teacher proposes to complete meets the | 26366 |
| requirement of the rules. The department of education shall | 26367 |
| provide technical assistance and support to committees as the | 26368 |
| committees incorporate the professional development standards | 26369 |
| adopted by the state board of education pursuant to section | 26370 |
| 3319.61 of the Revised Code into their review of coursework that | 26371 |
| is appropriate for license renewal. The rules shall establish a | 26372 |
| procedure by which a teacher may appeal the decision of a local | 26373 |
| professional development committee. | 26374 |
| (2) In any school district in which there is no exclusive | 26375 |
| representative established under Chapter 4117. of the Revised | 26376 |
| Code, the professional development committees shall be established | 26377 |
| as described in division (C)(2) of this section. | 26378 |
| Not later than the effective date of the rules adopted under | 26379 |
| this section, the board of education of each school district shall | 26380 |
| establish the structure for one or more local professional | 26381 |
| development committees to be operated by such school district. The | 26382 |
| committee structure so established by a district board shall | 26383 |
| remain in effect unless within thirty days prior to an anniversary | 26384 |
| of the date upon which the current committee structure was | 26385 |
| established, the board provides notice to all affected district | 26386 |
| employees that the committee structure is to be modified. | 26387 |
| Professional development committees may have a district-level or | 26388 |
| building-level scope of operations, and may be established with | 26389 |
| regard to particular grade or age levels for which an educator | 26390 |
| license is designated. | 26391 |
| Each professional development committee shall consist of at | 26392 |
| least three classroom teachers employed by the district, one | 26393 |
| principal employed by the district, and one other employee of the | 26394 |
| district appointed by the district superintendent. For committees | 26395 |
| with a building-level scope, the teacher and principal members | 26396 |
| shall be assigned to that building, and the teacher members shall | 26397 |
| be elected by majority vote of the classroom teachers assigned to | 26398 |
| that building. For committees with a district-level scope, the | 26399 |
| teacher members shall be elected by majority vote of the classroom | 26400 |
| teachers of the district, and the principal member shall be | 26401 |
| elected by a majority vote of the principals of the district, | 26402 |
| unless there are two or fewer principals employed by the district, | 26403 |
| in which case the one or two principals employed shall serve on | 26404 |
| the committee. If a committee has a particular grade or age level | 26405 |
| scope, the teacher members shall be licensed to teach such grade | 26406 |
| or age levels, and shall be elected by majority vote of the | 26407 |
| classroom teachers holding such a license and the principal shall | 26408 |
| be elected by all principals serving in buildings where any such | 26409 |
| teachers serve. The district superintendent shall appoint a | 26410 |
| replacement to fill any vacancy that occurs on a professional | 26411 |
| development committee, except in the case of vacancies among the | 26412 |
| elected classroom teacher members, which shall be filled by vote | 26413 |
| of the remaining members of the committee so selected. | 26414 |
| Terms of office on professional development committees shall | 26415 |
| be prescribed by the district board establishing the committees. | 26416 |
| The conduct of elections for members of professional development | 26417 |
| committees shall be prescribed by the district board establishing | 26418 |
| the committees. A professional development committee may include | 26419 |
| additional members, except that the majority of members on each | 26420 |
| such committee shall be classroom teachers employed by the | 26421 |
| district. Any member appointed to fill a vacancy occurring prior | 26422 |
| to the expiration date of the term for which a predecessor was | 26423 |
| appointed shall hold office as a member for the remainder of that | 26424 |
| term. | 26425 |
| The initial meeting of any professional development | 26426 |
| committee, upon election and appointment of all committee members, | 26427 |
| shall be called by a member designated by the district | 26428 |
| superintendent. At this initial meeting, the committee shall | 26429 |
| select a chairperson and such other officers the committee deems | 26430 |
| necessary, and shall adopt rules for the conduct of its meetings. | 26431 |
| Thereafter, the committee shall meet at the call of the | 26432 |
| chairperson or upon the filing of a petition with the district | 26433 |
| superintendent signed by a majority of the committee members | 26434 |
| calling for the committee to meet. | 26435 |
| (3) In the case of a school district in which an exclusive | 26436 |
| representative has been established pursuant to Chapter 4117. of | 26437 |
| the Revised Code, professional development committees shall be | 26438 |
| established in accordance with any collective bargaining agreement | 26439 |
| in effect in the district that includes provisions for such | 26440 |
| committees. | 26441 |
| If the collective bargaining agreement does not specify a | 26442 |
| different method for the selection of teacher members of the | 26443 |
| committees, the exclusive representative of the district's | 26444 |
| teachers shall select the teacher members. | 26445 |
| If the collective bargaining agreement does not specify a | 26446 |
| different structure for the committees, the board of education of | 26447 |
| the school district shall establish the structure, including the | 26448 |
| number of committees and the number of teacher and administrative | 26449 |
| members on each committee; the specific administrative members to | 26450 |
| be part of each committee; whether the scope of the committees | 26451 |
| will be district levels, building levels, or by type of grade or | 26452 |
| age levels for which educator licenses are designated; the lengths | 26453 |
| of terms for members; the manner of filling vacancies on the | 26454 |
| committees; and the frequency and time and place of meetings. | 26455 |
| However, in all cases, except as provided in division (C)(4) of | 26456 |
| this section, there shall be a majority of teacher members of any | 26457 |
| professional development committee, there shall be at least five | 26458 |
| total members of any professional development committee, and the | 26459 |
| exclusive representative shall designate replacement members in | 26460 |
| the case of vacancies among teacher members, unless the collective | 26461 |
| bargaining agreement specifies a different method of selecting | 26462 |
| such replacements. | 26463 |
| (4) Whenever an administrator's coursework plan is being | 26464 |
| discussed or voted upon, the local professional development | 26465 |
| committee shall, at the request of one of its administrative | 26466 |
| members, cause a majority of the committee to consist of | 26467 |
| administrative members by reducing the number of teacher members | 26468 |
| voting on the plan. | 26469 |
| (D)(1) The department of education, educational service | 26470 |
| centers, county boards of mental retardation and developmental | 26471 |
| disabilities, regional professional development centers, special | 26472 |
| education regional resource centers, college and university | 26473 |
| departments of education, head start programs, the agency | 26474 |
| designated by the governor to assume the functions of the Ohio | 26475 |
| SchoolNet commission, and the Ohio education computer network may | 26476 |
| establish local professional development committees to determine | 26477 |
| whether the coursework proposed by their employees who are | 26478 |
| licensed or certificated under this section or section 3319.222 of | 26479 |
| the Revised Code meet the requirements of the rules adopted under | 26480 |
| this section. They may establish local professional development | 26481 |
| committees on their own or in collaboration with a school district | 26482 |
| or other agency having authority to establish them. | 26483 |
| Local professional development committees established by | 26484 |
| county boards of mental retardation and developmental disabilities | 26485 |
| shall be structured in a manner comparable to the structures | 26486 |
| prescribed for school districts in divisions (C)(2) and (3) of | 26487 |
| this section, as shall the committees established by any other | 26488 |
| entity specified in division (D)(1) of this section that provides | 26489 |
| educational services by employing or contracting for services of | 26490 |
| classroom teachers licensed or certificated under this section or | 26491 |
| section 3319.222 of the Revised Code. All other entities specified | 26492 |
| in division (D)(1) of this section shall structure their | 26493 |
| committees in accordance with guidelines which shall be issued by | 26494 |
| the state board. | 26495 |
| (2) Any public agency that is not specified in division | 26496 |
| (D)(1) of this section but provides educational services and | 26497 |
| employs or contracts for services of classroom teachers licensed | 26498 |
| or certificated under this section or section 3319.222 of the | 26499 |
| Revised Code may establish a local professional development | 26500 |
| committee, subject to the approval of the department of education. | 26501 |
| The committee shall be structured in accordance with guidelines | 26502 |
| issued by the state board. | 26503 |
| Sec. 3319.235. (A) The standards for the preparation of | 26504 |
| teachers adopted under section 3319.23 of the Revised Code shall | 26505 |
| require any institution that provides a course of study for the | 26506 |
| training of teachers to ensure that graduates of such course of | 26507 |
| study are skilled at integrating educational technology in the | 26508 |
| instruction of children, as evidenced by the graduate having | 26509 |
| either demonstrated proficiency in such skills in a manner | 26510 |
| prescribed by the department of education or completed a course | 26511 |
| that includes training in such skills. | 26512 |
| (B) The agency designated by the governor to assume the | 26513 |
| functions of the Ohio SchoolNet commission | 26514 |
| 26515 | |
| professional development programs to assist teachers who completed | 26516 |
| their teacher preparation prior to the effective date of division | 26517 |
| (A) of this section to become skilled at integrating educational | 26518 |
| technology in the
instruction of children. The | 26519 |
| shall provide technical assistance to school districts wishing to | 26520 |
| establish such programs. | 26521 |
| Sec. 3319.55. (A) A grant program is hereby established to | 26522 |
| recognize and reward teachers in public and chartered nonpublic | 26523 |
| schools who hold valid teaching certificates or licenses issued by | 26524 |
| the national board for professional teaching standards. The | 26525 |
| superintendent of public instruction shall administer this program | 26526 |
| in accordance with this section and rules which the state board of | 26527 |
| education shall adopt in accordance with Chapter 119. of the | 26528 |
| Revised Code. | 26529 |
| In each fiscal year that the general assembly appropriates | 26530 |
| funds for purposes of this section, the superintendent of public | 26531 |
| instruction shall award a grant to each person who, by the first | 26532 |
| day of April of that year and in accordance with the rules adopted | 26533 |
| under this section, submits to the superintendent evidence | 26534 |
| indicating all of the following: | 26535 |
| (1) The person holds a valid certificate or license issued by | 26536 |
| the national board for professional teaching standards; | 26537 |
| (2) The person has been employed full-time as a teacher by | 26538 |
| the board of education of a school district or by a chartered | 26539 |
| nonpublic school in this state during the current school year; | 26540 |
| (3) The date the person was accepted into the national board | 26541 |
| certification or licensure program. | 26542 |
| An individual may receive a grant under this section in each | 26543 |
| fiscal year the person is eligible for a grant and submits | 26544 |
| evidence of that eligibility in accordance with this section. No | 26545 |
| person may receive a grant after the expiration of the person's | 26546 |
| initial certification or license issued by the national board. | 26547 |
| (B) The amount of the grant awarded to each eligible person | 26548 |
| under division (A) of this section in any fiscal year shall equal | 26549 |
| the following: | 26550 |
| (1) Two thousand five hundred dollars for any teacher | 26551 |
| accepted as a candidate for certification or licensure by the | 26552 |
| national board on or before May 31, 2003, and issued a certificate | 26553 |
| or license by the national board on or before December 31, 2004; | 26554 |
| (2) One thousand dollars for any other teacher issued a | 26555 |
| certificate or license by the national board. | 26556 |
| However, if the funds appropriated for purposes of this | 26557 |
| section in any fiscal year are not sufficient to award the full | 26558 |
| grant amount to each person who is eligible in that fiscal year, | 26559 |
| the superintendent shall prorate the amount of the grant awarded | 26560 |
| in that fiscal year to each eligible person. | 26561 |
| Sec. 3323.021. As used in this section, "participating | 26562 |
| county MR/DD board" means a county board of mental retardation and | 26563 |
| developmental disabilities electing to participate in the | 26564 |
| provision of or contracting for educational services for children | 26565 |
| under division (D) of section 5126.05 of the Revised Code. | 26566 |
| (A) When a school district, educational service center, or | 26567 |
| participating county MR/DD board enters into an agreement or | 26568 |
| contract with another school district, educational service center, | 26569 |
| or participating county MR/DD board to provide educational | 26570 |
| services to a disabled child during a school year, both of the | 26571 |
| following shall apply: | 26572 |
| (1) Beginning with fiscal year 1999, if the provider of the | 26573 |
| services intends to increase the amount it charges for some or all | 26574 |
| of those services during the next school year or if the provider | 26575 |
| intends to cease offering all or part of those services during the | 26576 |
| next school year, the provider shall notify the entity for which | 26577 |
| the services are provided of these intended changes no later that | 26578 |
| the first day of March of the current fiscal year. | 26579 |
| (2) Beginning with fiscal year 1999, if the entity for which | 26580 |
| services are provided intends to cease obtaining those services | 26581 |
| from the provider for the next school year or intends to change | 26582 |
| the type or amount of services it obtains from the provider for | 26583 |
| the next school year, the entity shall notify the service provider | 26584 |
| of these intended changes no later than the first day of March of | 26585 |
| the current fiscal year. | 26586 |
| (B) School districts, educational service centers, | 26587 |
| participating county MR/DD boards, and other applicable | 26588 |
| governmental entities shall collaborate where possible to maximize | 26589 |
|
federal sources of revenue | 26590 |
| 26591 | |
| 26592 | |
| special education related services for disabled children. | 26593 |
| Annually, each school district shall report to the department of | 26594 |
| education any amounts of money the district received through such | 26595 |
| medical assistance program. | 26596 |
| (C) The state board of education, the department of mental | 26597 |
| retardation and developmental disabilities, and the department of | 26598 |
| job and family services shall develop working agreements for | 26599 |
| pursuing additional funds for services for disabled children. | 26600 |
| Sec. 3323.091. (A) The department of mental health, the | 26601 |
| department of mental retardation and developmental disabilities, | 26602 |
| the department of youth services, and the department of | 26603 |
| rehabilitation and correction shall establish and maintain special | 26604 |
| education programs for handicapped children in institutions under | 26605 |
| their jurisdiction according to standards adopted by the state | 26606 |
|
board of education. | 26607 |
| (B) The superintendent of each state institution required to | 26608 |
| provide services under division (A) of this section, and each | 26609 |
| county MR/DD board, providing special education for handicapped | 26610 |
| preschool children under this chapter may apply to the state | 26611 |
| department of education for unit funding, which shall be paid in | 26612 |
| accordance with sections 3317.052 and 3317.053 of the Revised | 26613 |
| Code. | 26614 |
| | 26615 |
| to provide services under division (A) of this section may apply | 26616 |
| to the department of education for special education and related | 26617 |
| services weighted funding for handicapped children other than | 26618 |
| handicapped preschool children, calculated in accordance with | 26619 |
| section 3317.201 of the Revised Code. | 26620 |
| Each county MR/DD board providing special education for | 26621 |
| handicapped children other than handicapped preschool children may | 26622 |
| apply to the department of education for base cost and special | 26623 |
| education and related services weighted funding calculated in | 26624 |
| accordance with section 3317.20 of the Revised Code. | 26625 |
| (C) In addition to the authorization to apply for state | 26626 |
| funding described in division (B) of this section, each state | 26627 |
| institution required to provide services under division (A) of | 26628 |
| this section is entitled to tuition payments calculated in the | 26629 |
| manner described in division (C) of this section. | 26630 |
| On or before the thirtieth day of June of each year, the | 26631 |
| superintendent of each institution that during the school year | 26632 |
| provided special education pursuant to this section shall prepare | 26633 |
| a statement for each handicapped child under twenty-two years of | 26634 |
| age who has received special education. The statement shall | 26635 |
| contain the child's name and the name of the child's school | 26636 |
| district of residence. Within sixty days after receipt of such | 26637 |
| statement, the department of education shall perform one of the | 26638 |
| following: | 26639 |
| (1) For any child except a handicapped preschool child | 26640 |
|
described in division | 26641 |
| institution submitting the statement an amount equal to the | 26642 |
| tuition calculated under division (A) of section 3317.08 of the | 26643 |
| Revised Code for the period covered by the statement, and deduct | 26644 |
| the same from the amount of state funds, if any, payable under | 26645 |
| sections 3317.022 and 3317.023 of the Revised Code, to the child's | 26646 |
| school district of residence or, if the amount of such state funds | 26647 |
| is insufficient, require the child's school district of residence | 26648 |
| to pay the institution submitting the statement an amount equal to | 26649 |
| the amount determined under this division. | 26650 |
| (2) For any handicapped preschool child not included in a | 26651 |
| unit approved under division (B) of section 3317.05 of the Revised | 26652 |
| Code, perform the following: | 26653 |
| (a) Pay to the institution submitting the statement an amount | 26654 |
| equal to the tuition calculated under division (B) of section | 26655 |
| 3317.08 of the Revised Code for the period covered by the | 26656 |
| statement, except that in calculating the tuition under that | 26657 |
| section the operating expenses of the institution submitting the | 26658 |
| statement under this section shall be used instead of the | 26659 |
| operating expenses of the school district of residence; | 26660 |
| (b) Deduct from the amount of state funds, if any, payable | 26661 |
| under sections 3317.022 and 3317.023 of the Revised Code to the | 26662 |
| child's school district of residence an amount equal to the amount | 26663 |
|
paid under division | 26664 |
| Sec. 3323.14. This section does not apply to any handicapped | 26665 |
| preschool child except if included in a unit approved under | 26666 |
| division (B) of section 3317.05 of the Revised Code. | 26667 |
| (A) Where a child who is a school resident of one school | 26668 |
| district receives special education from another district and the | 26669 |
| per capita cost to the educating district for that child exceeds | 26670 |
| the sum of the amount received by the educating district for that | 26671 |
| child under division (A) of section 3317.08 of the Revised Code | 26672 |
| and the amount received by the district from the state board of | 26673 |
| education for that child, then the board of education of the | 26674 |
| district of residence shall pay | 26675 |
| school district that is providing the special education such | 26676 |
| excess cost as is determined by using a formula approved by the | 26677 |
| department of education and agreed upon in contracts entered into | 26678 |
| by the boards of the district concerned at the time the district | 26679 |
| providing such special education accepts the child for enrollment. | 26680 |
| The department of education shall certify the amount of the | 26681 |
| payments under Chapter 3317. of the Revised Code for such | 26682 |
| handicapped pupils for each school year ending on the thirtieth | 26683 |
| day of July. | 26684 |
| (B) In the case of a child described in division (A) of this | 26685 |
| section who has been placed in a home, as defined in section | 26686 |
| 3313.64 of the Revised Code, pursuant to the order of a court and | 26687 |
| who is not subject to section 3323.141 of the Revised Code, the | 26688 |
| district providing the child with special education and related | 26689 |
| services may charge to the child's district of residence the | 26690 |
| excess cost determined by formula approved by the department, | 26691 |
| regardless of whether the district of residence has entered into a | 26692 |
| contract with the district providing the services. If the district | 26693 |
| providing the services chooses to charge excess costs, the | 26694 |
| district may report the amount calculated under this division to | 26695 |
| the department. | 26696 |
| (C) If a district providing special education for a child | 26697 |
| reports an amount for the excess cost of those services, as | 26698 |
| authorized and calculated under division (A) or (B) of this | 26699 |
| section, the department shall pay that amount of excess cost to | 26700 |
| the district providing the services and shall deduct that amount | 26701 |
| from the child's district of residence in accordance with division | 26702 |
| (N) of section 3317.023 of the Revised Code. | 26703 |
| Sec. 3323.16. No unit for deaf children shall be disapproved | 26704 |
| for funding
under division (B) | 26705 |
| Revised Code on the basis of the methods of instruction used in | 26706 |
| educational programs in the school district or institution to | 26707 |
| teach deaf children to communicate, and no preference in approving | 26708 |
| units for funding shall be given for teaching deaf children by the | 26709 |
| oral, manual, total communication, or other method of instruction. | 26710 |
| Sec. 3323.20. On July 1, 2006, and on each first day of July | 26711 |
| thereafter, the department of education shall electronically | 26712 |
| report to the general assembly the number of handicapped preschool | 26713 |
| children who received services for which the department made a | 26714 |
| payment to any provider during the previous fiscal year, | 26715 |
| disaggregated according to each category of handicap described in | 26716 |
| divisions (A) to (F) of section 3317.013 of the Revised Code, | 26717 |
| regardless of whether payment for services was based on the | 26718 |
| multiples prescribed in those divisions. | 26719 |
| Sec. 3323.30. The Ohio center for autism and low incidence | 26720 |
| is hereby established within the department of education's office | 26721 |
| for exceptional children, or any successor of that office. The | 26722 |
| center shall administer programs and coordinate services for | 26723 |
| infants, preschool and school-age children, and adults with autism | 26724 |
| and low incidence disabilities. The center's principal focus shall | 26725 |
| be programs and services for persons with autism. The center shall | 26726 |
| be under the direction of an executive director, appointed by the | 26727 |
| superintendent of public instruction in consultation with the | 26728 |
| advisory board established under section 3323.31 of the Revised | 26729 |
| Code. The department shall use state and federal funds | 26730 |
| appropriated to the department for operation of the center. | 26731 |
| As used in this section and in sections 3323.31 to 3323.33 of | 26732 |
| the Revised Code, "autism and low incidence disabilities" includes | 26733 |
| any of the following: | 26734 |
| (A) Autism; | 26735 |
| (B) Deafness or hearing handicap; | 26736 |
| (C) Multihandicap; | 26737 |
| (D) Orthopedic handicap; | 26738 |
| (E) Other health handicap; | 26739 |
| (F) Traumatic brain injury; | 26740 |
| (G) Visual disability. | 26741 |
| Sec. 3323.31. The superintendent of public instruction shall | 26742 |
| establish an advisory board to assist and advise the department of | 26743 |
| education in the operation of the Ohio center for autism and low | 26744 |
| incidence. As determined by the superintendent, the advisory board | 26745 |
| shall consist of individuals who are stakeholders in the service | 26746 |
| to persons with autism and low incidence disabilities, including, | 26747 |
| but not limited to, the following: | 26748 |
| (A) Persons with autism and low incidence disabilities; | 26749 |
| (B) Parents and family members; | 26750 |
| (C) Educators and other professionals; | 26751 |
| (D) Higher education instructors; | 26752 |
| (E) Representatives of state agencies. | 26753 |
| The advisory board shall be organized as determined by the | 26754 |
| superintendent. | 26755 |
| Members of the advisory board shall receive no compensation | 26756 |
| for their services. | 26757 |
| Sec. 3323.32. The Ohio center for autism and low incidence | 26758 |
| shall do all of the following: | 26759 |
| (A) Collaborate and consult with state agencies that serve | 26760 |
| persons with autism and low incidence disabilities; | 26761 |
| (B) Collaborate and consult with institutions of higher | 26762 |
| education in development and implementation of courses for | 26763 |
| educators and other professionals serving persons with autism and | 26764 |
| low incidence disabilities; | 26765 |
| (C) Collaborate with parent and professional organizations; | 26766 |
| (D) Create and implement programs for professional | 26767 |
| development, technical assistance, intervention services, and | 26768 |
| research in the treatment of persons with autism and low incidence | 26769 |
| disabilities; | 26770 |
| (E) Create a regional network for communication and | 26771 |
| dissemination of information among educators and professionals | 26772 |
| serving persons with autism and low incidence disabilities. The | 26773 |
| regional network shall address educational services, evaluation, | 26774 |
| diagnosis, assistive technology, family support, leisure and | 26775 |
| recreational activities, transition, employment and adult | 26776 |
| services, and medical care for persons with autism and low | 26777 |
| incidence disabilities. | 26778 |
| (F) Develop a statewide clearinghouse for information about | 26779 |
| autism spectrum disorders and low incidence disabilities, as | 26780 |
| described in section 3323.33 of the Revised Code. | 26781 |
| Sec. 3323.33. In developing a clearinghouse for information | 26782 |
| about autism spectrum disorders and low incidence disabilities, as | 26783 |
| required under section 3323.32 of the Revised Code, the Ohio | 26784 |
| center for autism and low incidence shall do all of the following: | 26785 |
| (A) Maintain a collection of resources for public | 26786 |
| distribution; | 26787 |
| (B) Monitor information on resources, trends, policies, | 26788 |
| services, and current educational interventions; | 26789 |
| (C) Respond to requests for information from parents and | 26790 |
| educators of children with autism and low incidence disabilities. | 26791 |
| Sec. 3324.10. (A) As used in this section, "grade | 26792 |
| acceleration" means the promotion of a student to a grade higher | 26793 |
| than the grade that would generally follow the one the student has | 26794 |
| completed. | 26795 |
| (B) Not later than March 31, 2006, the superintendent of | 26796 |
| public instruction shall review the grade acceleration policies of | 26797 |
| school districts throughout the state and adopt as the state's | 26798 |
| policy the policy from among that group that represents the best | 26799 |
| practices for a statewide grade acceleration policy, as determined | 26800 |
| by the superintendent. The superintendent shall provide each | 26801 |
| district with a copy of the policy upon its adoption. Any school | 26802 |
| district board of education that has not adopted a grade | 26803 |
| acceleration policy for use in its district shall comply with the | 26804 |
| statewide grade acceleration policy. | 26805 |
| (C) The statewide grade acceleration policy adopted pursuant | 26806 |
| to this section shall be effective beginning with the 2006-2007 | 26807 |
| school year. | 26808 |
| Sec. 3325.10. The state school for the blind may receive and | 26809 |
| administer any federal funds relating to the education of blind or | 26810 |
| visually impaired students. The school for the blind also may | 26811 |
| accept and administer any gifts, donations, or bequests made to it | 26812 |
| for programs or services relating to the education of blind or | 26813 |
| visually impaired students. | 26814 |
| Sec. 3325.11. There is hereby created in the state treasury | 26815 |
| the state school for the blind student activity and work-study | 26816 |
| fund. Moneys received from donations, bequests, the school | 26817 |
| vocational program, and any other moneys designated for deposit in | 26818 |
| the fund by the superintendent of the state school for the blind | 26819 |
| shall be credited to the fund. Notwithstanding section 3325.01 of | 26820 |
| the Revised Code, the approval of the state board of education is | 26821 |
| not required to designate money for deposit into the fund. The | 26822 |
| school for the blind shall use money in the fund for school | 26823 |
| operating expenses, including, but not limited to, personal | 26824 |
| services, maintenance, and equipment related to student support, | 26825 |
| activities, and vocational programs, and for providing | 26826 |
| scholarships to students for further training upon graduation. | 26827 |
| Sec. 3325.12. There is hereby created the state school for | 26828 |
| the blind student account fund, which shall be in the custody of | 26829 |
| the treasurer of state but shall not be part of the state | 26830 |
| treasury. The fund shall consist of all moneys received from the | 26831 |
| parents or guardians of students attending the state school for | 26832 |
| the blind that are designated for use by the respective students | 26833 |
| in activities of their choice. The treasurer of state may invest | 26834 |
| any portion of the fund not needed for immediate use in the same | 26835 |
| manner as, and subject to laws regarding the investment of, state | 26836 |
| funds. The treasurer of state shall disburse money from the fund | 26837 |
| on order of the superintendent of the state school for the blind | 26838 |
| or the superintendent's designee. All investment earnings of the | 26839 |
| fund shall be credited to the fund and allocated among the student | 26840 |
| accounts in proportion to the amount invested from each student's | 26841 |
| account. | 26842 |
| Sec. 3325.15. The state school for the deaf may receive and | 26843 |
| administer any federal funds relating to the education of deaf or | 26844 |
| hearing-impaired students. The school for the deaf also may accept | 26845 |
| and administer any gifts, donations, or bequests given to it for | 26846 |
| programs or services relating to the education of deaf or | 26847 |
| hearing-impaired students. | 26848 |
| Sec. 3325.16. There is hereby created in the state treasury | 26849 |
| the state school for the deaf educational program expenses fund. | 26850 |
| Moneys received by the school from donations, bequests, student | 26851 |
| fundraising activities, fees charged for camps and workshops, gate | 26852 |
| receipts from athletic contests, and the student work experience | 26853 |
| program operated by the school, and any other moneys designated | 26854 |
| for deposit in the fund by the superintendent of the school, shall | 26855 |
| be credited to the fund. Notwithstanding section 3325.01 of the | 26856 |
| Revised Code, the approval of the state board of education is not | 26857 |
| required to designate money for deposit into the fund. The state | 26858 |
| school for the deaf shall use moneys in the fund for educational | 26859 |
| programs, after-school activities, and expenses associated with | 26860 |
| student activities and clubs. | 26861 |
| Sec. 3325.17. There is hereby created the state school for | 26862 |
| the deaf student account fund, which shall be in the custody of | 26863 |
| the treasurer of state but shall not be part of the state | 26864 |
| treasury. The fund shall consist of all moneys received from the | 26865 |
| parents or guardians of students attending the state school for | 26866 |
| the deaf that are designated for use by the respective students in | 26867 |
| activities of their choice. The treasurer of state may invest any | 26868 |
| portion of the fund not needed for immediate use in the same | 26869 |
| manner as, and subject to laws regarding the investment of, state | 26870 |
| funds. The treasurer of state shall disburse money from the fund | 26871 |
| on order of the superintendent of the state school for the deaf or | 26872 |
| the superintendent's designee. All investment earnings of the fund | 26873 |
| shall be credited to the fund and allocated among the student | 26874 |
| accounts in proportion to the amount invested from each student's | 26875 |
| account. | 26876 |
| Sec. 3327.01. Notwithstanding division (D) of section | 26877 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 26878 |
| this section and sections 3327.011, 3327.012, and 3327.02 of the | 26879 |
| Revised Code do not apply to any joint vocational or cooperative | 26880 |
| education school district. | 26881 |
| In all city, local, and exempted village school districts | 26882 |
| where resident school pupils in grades kindergarten through eight | 26883 |
| live more than two miles from the school for which the state board | 26884 |
| of education prescribes minimum standards pursuant to division (D) | 26885 |
| of section 3301.07 of the Revised Code and to which they are | 26886 |
| assigned by the board of education of the district of residence or | 26887 |
| to and from the nonpublic or community school which they attend | 26888 |
| the board of education shall provide transportation for such | 26889 |
| pupils to and from such school except as provided in section | 26890 |
| 3327.02 of the Revised Code. | 26891 |
| In all city, local, and exempted village school districts | 26892 |
| where pupil transportation is required under a career-technical | 26893 |
| plan approved by the state board of education under section | 26894 |
| 3313.90 of the Revised Code, for any student attending a | 26895 |
| career-technical program operated by another school district, | 26896 |
| including a joint vocational school district, as prescribed under | 26897 |
| that section, the board of education of the student's district of | 26898 |
| residence shall provide transportation from the public high school | 26899 |
| operated by that district to which the student is assigned to the | 26900 |
| career-technical program. | 26901 |
| In all city, local, and exempted village school districts the | 26902 |
| board may provide transportation for resident school pupils in | 26903 |
| grades nine through twelve to and from the high school to which | 26904 |
| they are assigned by the board of education of the district of | 26905 |
| residence or to and from the nonpublic or community high school | 26906 |
| which they attend for which the state board of education | 26907 |
| prescribes minimum standards pursuant to division (D) of section | 26908 |
| 3301.07 of the Revised Code. | 26909 |
| A board of education shall not be required to transport | 26910 |
| elementary or high school pupils to and from a nonpublic or | 26911 |
| community school where such transportation would require more than | 26912 |
| thirty minutes of direct travel time as measured by school bus | 26913 |
| from the public school building to which the pupils would be | 26914 |
| assigned if attending the public school designated by the district | 26915 |
| of residence. | 26916 |
| Where it is impractical to transport a pupil by school | 26917 |
| conveyance, a board of education may offer payment, in lieu of | 26918 |
| providing such transportation in accordance with section 3327.02 | 26919 |
| of the Revised Code. | 26920 |
| In all city, local, and exempted village school districts the | 26921 |
| board shall provide transportation for all children who are so | 26922 |
| crippled that they are unable to walk to and from the school for | 26923 |
| which the state board of education prescribes minimum standards | 26924 |
| pursuant to division (D) of section 3301.07 of the Revised Code | 26925 |
| and which they attend. In case of dispute whether the child is | 26926 |
| able to walk to and from the school, the health commissioner shall | 26927 |
| be the judge of such ability. In all city, exempted village, and | 26928 |
| local school districts the board shall provide transportation to | 26929 |
| and from school or special education classes for educable mentally | 26930 |
| retarded children in accordance with standards adopted by the | 26931 |
| state board of education. | 26932 |
| When transportation of pupils is provided the conveyance | 26933 |
| shall be run on a time schedule that shall be adopted and put in | 26934 |
| force by the board not later than ten days after the beginning of | 26935 |
| the school term. | 26936 |
| The cost of any transportation service authorized by this | 26937 |
| section shall be paid first out of federal funds, if any, | 26938 |
| available for the purpose of pupil transportation, and secondly | 26939 |
| out of state appropriations, in accordance with regulations | 26940 |
| adopted by the state board of education. | 26941 |
| No transportation of any pupils shall be provided by any | 26942 |
| board of education to or from any school which in the selection of | 26943 |
| pupils, faculty members, or employees, practices discrimination | 26944 |
| against any person on the grounds of race, color, religion, or | 26945 |
| national origin. | 26946 |
| Sec. 3332.092. Any school subject to this chapter receiving | 26947 |
| money under section 3333.12 or 3333.122 of the Revised Code on | 26948 |
| behalf of a student who is determined by the state board of career | 26949 |
| colleges and schools to be ineligible under such section because | 26950 |
| the program in which the student is enrolled does not lead to an | 26951 |
| associate or baccalaureate degree, shall be liable to the state | 26952 |
| for the amount specified in section 3333.12 or 3333.122 of the | 26953 |
| Revised Code. The state board of career colleges and schools shall | 26954 |
| suspend the certificate of registration of a school receiving | 26955 |
| money under section 3333.12 or 3333.122 of the Revised Code for | 26956 |
| such ineligible student until such time as the money is repaid to | 26957 |
| the Ohio board of regents. | 26958 |
| Sec. 3333.04. The Ohio board of regents shall: | 26959 |
| (A) Make studies of state policy in the field of higher | 26960 |
| education and formulate a master plan for higher education for the | 26961 |
| state, considering the needs of the people, the needs of the | 26962 |
| state, and the role of individual public and private institutions | 26963 |
| within the state in fulfilling these needs; | 26964 |
| (B)(1) Report annually to the governor and the general | 26965 |
| assembly on the findings from its studies and the master plan for | 26966 |
| higher education for the state; | 26967 |
| (2) Report at least semiannually to the general assembly and | 26968 |
| the governor the enrollment numbers at each state-assisted | 26969 |
| institution of higher education. | 26970 |
| (C) Approve or disapprove the establishment of new branches | 26971 |
| or academic centers of state colleges and universities; | 26972 |
| (D) Approve or disapprove the establishment of state | 26973 |
| technical colleges or any other state institution of higher | 26974 |
| education; | 26975 |
| (E) Recommend the nature of the programs, undergraduate, | 26976 |
| graduate, professional, state-financed research, and public | 26977 |
| services which should be offered by the state colleges, | 26978 |
| universities, and other state-assisted institutions of higher | 26979 |
| education in order to utilize to the best advantage their | 26980 |
| facilities and personnel; | 26981 |
| (F) Recommend to the state colleges, universities, and other | 26982 |
| state-assisted institutions of higher education graduate or | 26983 |
| professional programs, including, but not limited to, doctor of | 26984 |
| philosophy, doctor of education, and juris doctor programs, that | 26985 |
| could be eliminated because they constitute unnecessary | 26986 |
| duplication, as shall be determined using the process developed | 26987 |
| pursuant to this section, or for other good and sufficient cause. | 26988 |
| For purposes of determining the amounts of any state instructional | 26989 |
| subsidies paid to these colleges, universities, and institutions, | 26990 |
| the board may exclude students enrolled in any program that the | 26991 |
| board has recommended for elimination pursuant to this division | 26992 |
| except that the board shall not exclude any such student who | 26993 |
| enrolled in the program prior to the date on which the board | 26994 |
| initially commences to exclude students under this division. The | 26995 |
| board of regents and these colleges, universities, and | 26996 |
| institutions shall jointly develop a process for determining which | 26997 |
| existing graduate or professional programs constitute unnecessary | 26998 |
| duplication. | 26999 |
| (G) Recommend to the state colleges, universities, and other | 27000 |
| state-assisted institutions of higher education programs which | 27001 |
| should be added to their present programs; | 27002 |
| (H) Conduct studies for the state colleges, universities, and | 27003 |
| other state-assisted institutions of higher education to assist | 27004 |
| them in making the best and most efficient use of their existing | 27005 |
| facilities and personnel; | 27006 |
| (I) Make recommendations to the governor and general assembly | 27007 |
| concerning the development of state-financed capital plans for | 27008 |
| higher education; the establishment of new state colleges, | 27009 |
| universities, and other state-assisted institutions of higher | 27010 |
| education; and the establishment of new programs at the existing | 27011 |
| state colleges, universities, and other institutions of higher | 27012 |
| education; | 27013 |
| (J) Review the appropriation requests of the public community | 27014 |
| colleges and the state colleges and universities and submit to the | 27015 |
| office of budget and management and to the chairpersons of the | 27016 |
| finance committees of the house of representatives and of the | 27017 |
| senate its recommendations in regard to the biennial higher | 27018 |
| education appropriation for the state, including appropriations | 27019 |
| for the individual state colleges and universities and public | 27020 |
| community colleges. For the purpose of determining the amounts of | 27021 |
| instructional subsidies to be paid to state-assisted colleges and | 27022 |
| universities, the board shall define "full-time equivalent | 27023 |
| student" by program per academic year. The definition may take | 27024 |
| into account the establishment of minimum enrollment levels in | 27025 |
| technical education programs below which support allowances will | 27026 |
| not be paid. Except as otherwise provided in this section, the | 27027 |
| board shall make no change in the definition of "full-time | 27028 |
| equivalent student" in effect on November 15, 1981, which would | 27029 |
| increase or decrease the number of subsidy-eligible full-time | 27030 |
| equivalent students, without first submitting a fiscal impact | 27031 |
| statement to the president of the senate, the speaker of the house | 27032 |
| of representatives,
| 27033 |
| legislative service commission, and the director of budget and | 27034 |
| management. The board shall work in close cooperation with the | 27035 |
| director of budget and management in this respect and in all other | 27036 |
| matters concerning the expenditures of appropriated funds by state | 27037 |
| colleges, universities, and other institutions of higher | 27038 |
| education. | 27039 |
| (K) Seek the cooperation and advice of the officers and | 27040 |
| trustees of both public and private colleges, universities, and | 27041 |
| other institutions of higher education in the state in performing | 27042 |
| its duties and making its plans, studies, and recommendations; | 27043 |
| (L) Appoint advisory committees consisting of persons | 27044 |
| associated with public or private secondary schools, members of | 27045 |
| the state board of education, or personnel of the state department | 27046 |
| of education; | 27047 |
| (M) Appoint advisory committees consisting of college and | 27048 |
| university personnel, or other persons knowledgeable in the field | 27049 |
| of higher education, or both, in order to obtain their advice and | 27050 |
| assistance in defining and suggesting solutions for the problems | 27051 |
| and needs of higher education in this state; | 27052 |
| (N) Approve or disapprove all new degrees and new degree | 27053 |
| programs at all state colleges, universities, and other | 27054 |
| state-assisted institutions of higher education; | 27055 |
| (O) Adopt such rules as are necessary to carry out its duties | 27056 |
| and responsibilities; | 27057 |
| (P) Establish and submit to the governor and the general | 27058 |
| assembly a clear and measurable set of goals and timetables for | 27059 |
| their achievement for each program under the supervision of the | 27060 |
| board that is designed to accomplish any of the following: | 27061 |
| (1) Increased access to higher education; | 27062 |
| (2) Job training; | 27063 |
| (3) Adult literacy; | 27064 |
| (4) Research; | 27065 |
| (5) Excellence in higher education; | 27066 |
| (6) Reduction in the number of graduate programs within the | 27067 |
| same subject area. | 27068 |
| In July of each odd-numbered year, the board of regents shall | 27069 |
| submit to the governor and the general assembly a report on | 27070 |
| progress made toward these goals. | 27071 |
| (Q) Make recommendations to the governor and the general | 27072 |
| assembly regarding the design and funding of the student financial | 27073 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 27074 |
| 3333.27, and 5910.02 of the Revised Code; | 27075 |
| (R) Participate in education-related state or federal | 27076 |
| programs on behalf of the state and assume responsibility for the | 27077 |
| administration of such programs in accordance with applicable | 27078 |
| state or federal law; | 27079 |
| (S) Adopt rules for student financial aid programs as | 27080 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.27, | 27081 |
| 3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any | 27082 |
| other administrative functions assigned to the board by those | 27083 |
| sections; | 27084 |
| (T) Administer contracts under sections 3702.74 and 3702.75 | 27085 |
| of the Revised Code in accordance with rules adopted by the | 27086 |
| director of health under section 3702.79 of the Revised Code; | 27087 |
| (U) Conduct enrollment audits of state-supported institutions | 27088 |
| of higher education; | 27089 |
| (V) Appoint consortiums of college and university personnel | 27090 |
| to participate in the development and operation of statewide | 27091 |
| collaborative efforts, including the Ohio supercomputer center, | 27092 |
| the Ohio academic resources network, OhioLink, and the Ohio | 27093 |
| learning network. For each consortium, the board shall designate a | 27094 |
| college or university to serve as that consortium's fiscal agent, | 27095 |
| financial officer, and employer. Any funds appropriated to the | 27096 |
| board for consortiums shall be distributed to the fiscal agents | 27097 |
| for the operation of the consortiums. A consortium shall follow | 27098 |
| the rules of the college or university that serves as its fiscal | 27099 |
| agent. | 27100 |
| Sec. 3333.044. (A) The Ohio board of regents may contract | 27101 |
| with any consultants that are necessary for the discharge of the | 27102 |
| board's duties under this chapter. | 27103 |
| (B) The Ohio board of regents may purchase, upon the terms | 27104 |
| that the board determines to be advisable, one or more policies of | 27105 |
| insurance from insurers authorized to do business in this state | 27106 |
| that insure consultants who have contracted with the board under | 27107 |
| division (A) of this section or members of an advisory committee | 27108 |
| appointed under section 3333.04 of the Revised Code, with respect | 27109 |
| to the activities of the consultants or advisory committee members | 27110 |
| in the course of the performance of their responsibilities as | 27111 |
| consultants or advisory committee members. | 27112 |
| (C) Subject to the approval of the controlling board, the | 27113 |
| Ohio board of regents may contract with any entities for the | 27114 |
| discharge of the board's duties and responsibilities under any of | 27115 |
| the programs established pursuant to sections 3333.12, 3333.122, | 27116 |
| 3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter | 27117 |
| 5910. of the Revised Code. The board shall not enter into a | 27118 |
| contract under this division unless the proposed contractor | 27119 |
| demonstrates that its primary purpose is to promote access to | 27120 |
| higher education by providing student financial assistance through | 27121 |
| loans, grants, or scholarships, and by providing high quality | 27122 |
| support services and information to students and their families | 27123 |
| with regard to such financial assistance. | 27124 |
| Chapter 125. of the Revised Code does not apply to contracts | 27125 |
| entered into pursuant to this section. In awarding contracts under | 27126 |
| this division, the board shall consider factors such as the cost | 27127 |
| of the administration of the contract, the experience of the | 27128 |
| contractor, and the contractor's ability to properly execute the | 27129 |
| contract. | 27130 |
| Sec. 3333.047. With regard to any state student financial aid | 27131 |
| program established in this chapter, Chapter 5910., or section | 27132 |
| 5919.34 of the Revised Code, the Ohio board of regents shall | 27133 |
| conduct audits to: | 27134 |
| (A) Determine the validity of information provided by | 27135 |
| students and parents regarding eligibility for state student | 27136 |
| financial aid. If the board determines that eligibility data has | 27137 |
| been reported incorrectly or inaccurately, and where the board | 27138 |
| determines an adjustment to be appropriate, the institution of | 27139 |
| higher education shall adjust the financial aid awarded to the | 27140 |
| student. | 27141 |
| (B) Ensure that institutions of higher education are in | 27142 |
| compliance with the board's rules governing state student | 27143 |
| financial aid programs. An institution that fails to comply with | 27144 |
| the board's rules in the administration of any state student | 27145 |
| financial aid program shall be fully liable to reimburse the board | 27146 |
| for the unauthorized use of student financial aid funds. | 27147 |
| Sec. 3333.12. (A) As used in this section: | 27148 |
| (1) "Eligible student" means an undergraduate student who is: | 27149 |
| (a) An Ohio resident enrolled in an undergraduate program | 27150 |
| before July 1, 2006; | 27151 |
| (b) Enrolled in either of the following: | 27152 |
| (i) An accredited institution of higher education in this | 27153 |
| state that meets the requirements of Title VI of the Civil Rights | 27154 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 27155 |
| certificate of authorization from the Ohio board of regents | 27156 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 27157 |
| of registration from the state board of career colleges and | 27158 |
| schools and program authorization to award an associate or | 27159 |
| bachelor's degree, or is a private institution exempt from | 27160 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 27161 |
| in section 3333.046 of the Revised Code. Students who attend an | 27162 |
| institution that holds a certificate of registration shall be | 27163 |
| enrolled in a program leading to an associate or bachelor's degree | 27164 |
| for which associate or bachelor's degree program the institution | 27165 |
| has program authorization issued under section 3332.05 of the | 27166 |
| Revised Code. | 27167 |
| (ii) A technical education program of at least two years | 27168 |
| duration sponsored by a private institution of higher education in | 27169 |
| this state that meets the requirements of Title VI of the Civil | 27170 |
| Rights Act of 1964. | 27171 |
| (c) Enrolled as a full-time student or enrolled as a less | 27172 |
| than full-time student for the term expected to be the student's | 27173 |
| final term of enrollment and is enrolled for the number of credit | 27174 |
| hours necessary to complete the requirements of the program in | 27175 |
| which the student is enrolled. | 27176 |
| (2) "Gross income" includes all taxable and nontaxable income | 27177 |
| of the parents, the student, and the student's spouse, except | 27178 |
| income derived from an Ohio academic scholarship, income earned by | 27179 |
| the student between the last day of the spring term and the first | 27180 |
| day of the fall term, and other income exclusions designated by | 27181 |
| the board. Gross income may be verified to the board by the | 27182 |
| institution in which the student is enrolled using the federal | 27183 |
| financial aid eligibility verification process or by other means | 27184 |
| satisfactory to the board. | 27185 |
| (3) "Resident," "full-time student," "dependent," | 27186 |
| "financially independent," and "accredited" shall be defined by | 27187 |
| rules adopted by the board. | 27188 |
| (B) The Ohio board of regents shall establish and administer | 27189 |
| an instructional grant program and may adopt rules to carry out | 27190 |
| this section. The general assembly shall support the instructional | 27191 |
| grant program by such sums and in such manner as it may provide, | 27192 |
| but the board may also receive funds from other sources to support | 27193 |
| the program. If the amounts available for support of the program | 27194 |
| are inadequate to provide grants to all eligible students, | 27195 |
| preference in the payment of grants shall be given in terms of | 27196 |
| income, beginning with the lowest income category of gross income | 27197 |
| and proceeding upward by category to the highest gross income | 27198 |
| category. | 27199 |
| An instructional grant shall be paid to an eligible student | 27200 |
| through the institution in which the student is enrolled, except | 27201 |
| that no instructional grant shall be paid to any person serving a | 27202 |
| term of imprisonment. Applications for such grants shall be made | 27203 |
| as prescribed by the board, and such applications may be made in | 27204 |
| conjunction with and upon the basis of information provided in | 27205 |
| conjunction with student assistance programs funded by agencies of | 27206 |
| the United States government or from financial resources of the | 27207 |
| institution of higher education. The institution shall certify | 27208 |
| that the student applicant meets the requirements set forth in | 27209 |
| divisions (A)(1)(b) and (c) of this section. Instructional grants | 27210 |
| shall be provided to an eligible student only as long as the | 27211 |
| student is making appropriate progress toward a nursing diploma or | 27212 |
| an associate or bachelor's degree. No student shall be eligible to | 27213 |
| receive a grant for more than ten semesters, fifteen quarters, or | 27214 |
| the equivalent of five academic years. A grant made to an eligible | 27215 |
| student on the basis of less than full-time enrollment shall be | 27216 |
| based on the number of credit hours for which the student is | 27217 |
| enrolled and shall be computed in accordance with a formula | 27218 |
| adopted by the board. No student shall receive more than one grant | 27219 |
| on the basis of less than full-time enrollment. | 27220 |
| An instructional grant shall not exceed the total | 27221 |
| instructional and general charges of the institution. | 27222 |
| (C) The tables in this division prescribe the maximum grant | 27223 |
| amounts covering two semesters, three quarters, or a comparable | 27224 |
| portion of one academic year. Grant amounts for additional terms | 27225 |
| in the same academic year shall be determined under division (D) | 27226 |
| of this section. | 27227 |
| For a full-time student who is a dependent and enrolled in a | 27228 |
| nonprofit educational institution that is not a state-assisted | 27229 |
| institution and that has a certificate of authorization issued | 27230 |
| pursuant to Chapter 1713. of the Revised Code, the amount of the | 27231 |
| instructional grant for two semesters, three quarters, or a | 27232 |
| comparable portion of the academic year shall be determined in | 27233 |
| accordance with the following table: | 27234 |
| 27235 |
| 27236 |
| Maximum Grant $5,466 | 27237 | ||
| Gross Income | Number of Dependents | 27238 |
| 1 | 2 | 3 | 4 | 5 or more | 27239 |
| $0 - $15,000 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 27240 | ||||||
| $15,001 - $16,000 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 27241 | ||||||
| $16,001 - $17,000 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 27242 | ||||||
| $17,001 - $18,000 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 27243 | ||||||
| $18,001 - $19,000 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 27244 | ||||||
| $19,001 - $22,000 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 27245 | ||||||
| $22,001 - $25,000 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 27246 | ||||||
| $25,001 - $28,000 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 27247 | ||||||
| $28,001 - $31,000 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 27248 | ||||||
| $31,001 - $32,000 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 27249 | ||||||
| $32,001 - $33,000 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 27250 | ||||||
| $33,001 - $34,000 | 888 | 984 | 1,080 | 1,344 | 1,626 | 27251 | ||||||
| $34,001 - $35,000 | 444 | 888 | 984 | 1,080 | 1,344 | 27252 | ||||||
| $35,001 - $36,000 | -- | 444 | 888 | 984 | 1,080 | 27253 | ||||||
| $36,001 - $37,000 | -- | -- | 444 | 888 | 984 | 27254 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 444 | 888 | 27255 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 444 | 27256 |
| For a full-time student who is financially independent and | 27257 |
| enrolled in a nonprofit educational institution that is not a | 27258 |
| state-assisted institution and that has a certificate of | 27259 |
| authorization issued pursuant to Chapter 1713. of the Revised | 27260 |
| Code, the amount of the instructional grant for two semesters, | 27261 |
| three quarters, or a comparable portion of the academic year shall | 27262 |
| be determined in accordance with the following table: | 27263 |
| 27264 |
| 27265 |
| Maximum Grant $5,466 | 27266 | ||
| Gross Income | Number of Dependents | 27267 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 27268 |
| $0 - $4,800 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 27269 | ||||
| $4,801 - $5,300 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 5,466 | 27270 | ||||
| $5,301 - $5,800 | 4,362 | 5,196 | 5,466 | 5,466 | 5,466 | 5,466 | 27271 | ||||
| $5,801 - $6,300 | 3,828 | 4,914 | 5,196 | 5,466 | 5,466 | 5,466 | 27272 | ||||
| $6,301 - $6,800 | 3,288 | 4,650 | 4,914 | 5,196 | 5,466 | 5,466 | 27273 | ||||
| $6,801 - $7,300 | 2,736 | 4,380 | 4,650 | 4,914 | 5,196 | 5,466 | 27274 | ||||
| $7,301 - $8,300 | 2,178 | 4,104 | 4,380 | 4,650 | 4,914 | 5,196 | 27275 | ||||
| $8,301 - $9,300 | 1,626 | 3,822 | 4,104 | 4,380 | 4,650 | 4,914 | 27276 | ||||
| $9,301 - $10,300 | 1,344 | 3,546 | 3,822 | 4,104 | 4,380 | 4,650 | 27277 | ||||
| $10,301 - $11,800 | 1,080 | 3,408 | 3,546 | 3,822 | 4,104 | 4,380 | 27278 | ||||
| $11,801 - $13,300 | 984 | 3,276 | 3,408 | 3,546 | 3,822 | 4,104 | 27279 | ||||
| $13,301 - $14,800 | 888 | 3,228 | 3,276 | 3,408 | 3,546 | 3,822 | 27280 | ||||
| $14,801 - $16,300 | 444 | 2,904 | 3,228 | 3,276 | 3,408 | 3,546 | 27281 | ||||
| $16,301 - $19,300 | -- | 2,136 | 2,628 | 2,952 | 3,276 | 3,408 | 27282 | ||||
| $19,301 - $22,300 | -- | 1,368 | 1,866 | 2,358 | 2,676 | 3,000 | 27283 | ||||
| $22,301 - $25,300 | -- | 1,092 | 1,368 | 1,866 | 2,358 | 2,676 | 27284 | ||||
| $25,301 - $30,300 | -- | 816 | 1,092 | 1,368 | 1,866 | 2,358 | 27285 | ||||
| $30,301 - $35,300 | -- | 492 | 540 | 672 | 816 | 1,314 | 27286 |
| For a full-time student who is a dependent and enrolled in an | 27287 |
| educational institution that holds a certificate of registration | 27288 |
| from the state board of career colleges and schools or a private | 27289 |
| institution exempt from regulation under Chapter 3332. of the | 27290 |
| Revised Code as prescribed in section 3333.046 of the Revised | 27291 |
| Code, the amount of the instructional grant for two semesters, | 27292 |
| three quarters, or a comparable portion of the academic year shall | 27293 |
| be determined in accordance with the following table: | 27294 |
| 27295 |
| 27296 |
| Maximum Grant $4,632 | 27297 | ||
| Gross Income | Number of Dependents | 27298 |
| 1 | 2 | 3 | 4 | 5 or more | 27299 |
| $0 - $15,000 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 27300 | ||||||
| $15,001 - $16,000 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 27301 | ||||||
| $16,001 - $17,000 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 27302 | ||||||
| $17,001 - $18,000 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 27303 | ||||||
| $18,001 - $19,000 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 27304 | ||||||
| $19,001 - $22,000 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 27305 | ||||||
| $22,001 - $25,000 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 27306 | ||||||
| $25,001 - $28,000 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 27307 | ||||||
| $28,001 - $31,000 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 27308 | ||||||
| $31,001 - $32,000 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 27309 | ||||||
| $32,001 - $33,000 | 852 | 906 | 1,134 | 1,416 | 1,854 | 27310 | ||||||
| $33,001 - $34,000 | 750 | 852 | 906 | 1,134 | 1,416 | 27311 | ||||||
| $34,001 - $35,000 | 372 | 750 | 852 | 906 | 1,134 | 27312 | ||||||
| $35,001 - $36,000 | -- | 372 | 750 | 852 | 906 | 27313 | ||||||
| $36,001 - $37,000 | -- | -- | 372 | 750 | 852 | 27314 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 372 | 750 | 27315 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 372 | 27316 |
| For a full-time student who is financially independent and | 27317 |
| enrolled in an educational institution that holds a certificate of | 27318 |
| registration from the state board of career colleges and schools | 27319 |
| or a private institution exempt from regulation under Chapter | 27320 |
| 3332. of the Revised Code as prescribed in section 3333.046 of the | 27321 |
| Revised Code, the amount of the instructional grant for two | 27322 |
| semesters, three quarters, or a comparable portion of the academic | 27323 |
| year shall be determined in accordance with the following table: | 27324 |
| 27325 |
| 27326 |
| Maximum Grant $4,632 | 27327 | ||
| Gross Income | Number of Dependents | 27328 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 27329 |
| $0 - $4,800 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 27330 | ||||
| $4,801 - $5,300 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 4,632 | 27331 | ||||
| $5,301 - $5,800 | 3,684 | 4,410 | 4,632 | 4,632 | 4,632 | 4,632 | 27332 | ||||
| $5,801 - $6,300 | 3,222 | 4,158 | 4,410 | 4,632 | 4,632 | 4,632 | 27333 | ||||
| $6,301 - $6,800 | 2,790 | 3,930 | 4,158 | 4,410 | 4,632 | 4,632 | 27334 | ||||
| $6,801 - $7,300 | 2,292 | 3,714 | 3,930 | 4,158 | 4,410 | 4,632 | 27335 | ||||
| $7,301 - $8,300 | 1,854 | 3,462 | 3,714 | 3,930 | 4,158 | 4,410 | 27336 | ||||
| $8,301 - $9,300 | 1,416 | 3,246 | 3,462 | 3,714 | 3,930 | 4,158 | 27337 | ||||
| $9,301 - $10,300 | 1,134 | 3,024 | 3,246 | 3,462 | 3,714 | 3,930 | 27338 | ||||
| $10,301 - $11,800 | 906 | 2,886 | 3,024 | 3,246 | 3,462 | 3,714 | 27339 | ||||
| $11,801 - $13,300 | 852 | 2,772 | 2,886 | 3,024 | 3,246 | 3,462 | 27340 | ||||
| $13,301 - $14,800 | 750 | 2,742 | 2,772 | 2,886 | 3,024 | 3,246 | 27341 | ||||
| $14,801 - $16,300 | 372 | 2,466 | 2,742 | 2,772 | 2,886 | 3,024 | 27342 | ||||
| $16,301 - $19,300 | -- | 1,800 | 2,220 | 2,520 | 2,772 | 2,886 | 27343 | ||||
| $19,301 - $22,300 | -- | 1,146 | 1,584 | 1,986 | 2,268 | 2,544 | 27344 | ||||
| $22,301 - $25,300 | -- | 930 | 1,146 | 1,584 | 1,986 | 2,268 | 27345 | ||||
| $25,301 - $30,300 | -- | 708 | 930 | 1,146 | 1,584 | 1,986 | 27346 | ||||
| $30,301 - $35,300 | -- | 426 | 456 | 570 | 708 | 1,116 | 27347 |
| For a full-time student who is a dependent and enrolled in a | 27348 |
| state-assisted educational institution, the amount of the | 27349 |
| instructional grant for two semesters, three quarters, or a | 27350 |
| comparable portion of the academic year shall be determined in | 27351 |
| accordance with the following table: | 27352 |
| 27353 |
| 27354 |
| Maximum Grant $2,190 | 27355 | ||
| Gross Income | Number of Dependents | 27356 |
| 1 | 2 | 3 | 4 | 5 or more | 27357 |
| $0 - $15,000 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 27358 | ||||||
| $15,001 - $16,000 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 27359 | ||||||
| $16,001 - $17,000 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 27360 | ||||||
| $17,001 - $18,000 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 27361 | ||||||
| $18,001 - $19,000 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 27362 | ||||||
| $19,001 - $22,000 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 27363 | ||||||
| $22,001 - $25,000 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 27364 | ||||||
| $25,001 - $28,000 | 648 | 864 | 1,080 | 1,320 | 1,542 | 27365 | ||||||
| $28,001 - $31,000 | 522 | 648 | 864 | 1,080 | 1,320 | 27366 | ||||||
| $31,001 - $32,000 | 420 | 522 | 648 | 864 | 1,080 | 27367 | ||||||
| $32,001 - $33,000 | 384 | 420 | 522 | 648 | 864 | 27368 | ||||||
| $33,001 - $34,000 | 354 | 384 | 420 | 522 | 648 | 27369 | ||||||
| $34,001 - $35,000 | 174 | 354 | 384 | 420 | 522 | 27370 | ||||||
| $35,001 - $36,000 | -- | 174 | 354 | 384 | 420 | 27371 | ||||||
| $36,001 - $37,000 | -- | -- | 174 | 354 | 384 | 27372 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 174 | 354 | 27373 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 174 | 27374 |
| For a full-time student who is financially independent and | 27375 |
| enrolled in a state-assisted educational institution, the amount | 27376 |
| of the instructional grant for two semesters, three quarters, or a | 27377 |
| comparable portion of the academic year shall be determined in | 27378 |
| accordance with the following table: | 27379 |
| 27380 |
| 27381 |
| Maximum Grant $2,190 | 27382 | ||
| Gross Income | Number of Dependents | 27383 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 27384 |
| $0 - $4,800 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 27385 | |||||
| $4,801 - $5,300 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 2,190 | 27386 | |||||
| $5,301 - $5,800 | 1,740 | 2,082 | 2,190 | 2,190 | 2,190 | 2,190 | 27387 | |||||
| $5,801 - $6,300 | 1,542 | 1,968 | 2,082 | 2,190 | 2,190 | 2,190 | 27388 | |||||
| $6,301 - $6,800 | 1,320 | 1,866 | 1,968 | 2,082 | 2,190 | 2,190 | 27389 | |||||
| $6,801 - $7,300 | 1,080 | 1,758 | 1,866 | 1,968 | 2,082 | 2,190 | 27390 | |||||
| $7,301 - $8,300 | 864 | 1,638 | 1,758 | 1,866 | 1,968 | 2,082 | 27391 | |||||
| $8,301 - $9,300 | 648 | 1,530 | 1,638 | 1,758 | 1,866 | 1,968 | 27392 | |||||
| $9,301 - $10,300 | 522 | 1,422 | 1,530 | 1,638 | 1,758 | 1,866 | 27393 | |||||
| $10,301 - $11,800 | 420 | 1,356 | 1,422 | 1,530 | 1,638 | 1,758 | 27394 | |||||
| $11,801 - $13,300 | 384 | 1,308 | 1,356 | 1,422 | 1,530 | 1,638 | 27395 | |||||
| $13,301 - $14,800 | 354 | 1,290 | 1,308 | 1,356 | 1,422 | 1,530 | 27396 | |||||
| $14,801 - $16,300 | 174 | 1,164 | 1,290 | 1,308 | 1,356 | 1,422 | 27397 | |||||
| $16,301 - $19,300 | -- | 858 | 1,050 | 1,182 | 1,308 | 1,356 | 27398 | |||||
| $19,301 - $22,300 | -- | 540 | 750 | 948 | 1,062 | 1,200 | 27399 | |||||
| $22,301 - $25,300 | -- | 432 | 540 | 750 | 948 | 1,062 | 27400 | |||||
| $25,301 - $30,300 | -- | 324 | 432 | 540 | 750 | 948 | 27401 | |||||
| $30,301 - $35,300 | -- | 192 | 210 | 264 | 324 | 522 | 27402 |
| (D) For a full-time student enrolled in an eligible | 27403 |
| institution for a semester or quarter in addition to the portion | 27404 |
| of the academic year covered by a grant determined under division | 27405 |
| (C) of this section, the maximum grant amount shall be a | 27406 |
| percentage of the maximum prescribed in the applicable table of | 27407 |
| that division. The maximum grant for a fourth quarter shall be | 27408 |
| one-third of the maximum amount prescribed under that division. | 27409 |
| The maximum grant for a third semester shall be one-half of the | 27410 |
| maximum amount prescribed under that division. | 27411 |
| (E) No grant shall be made to any student in a course of | 27412 |
| study in theology, religion, or other field of preparation for a | 27413 |
| religious profession unless such course of study leads to an | 27414 |
| accredited bachelor of arts, bachelor of science, associate of | 27415 |
| arts, or associate of science degree. | 27416 |
| (F)(1) Except as provided in division (F)(2) of this section, | 27417 |
| no grant shall be made to any student for enrollment during a | 27418 |
| fiscal year in an institution with a cohort default rate | 27419 |
| determined by the United States secretary of education pursuant to | 27420 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 27421 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 27422 |
| preceding the fiscal year, equal to or greater than thirty per | 27423 |
| cent for each of the preceding two fiscal years. | 27424 |
| (2) Division (F)(1) of this section does not apply to the | 27425 |
| following: | 27426 |
| (a) Any student enrolled in an institution that under the | 27427 |
| federal law appeals its loss of eligibility for federal financial | 27428 |
| aid and the United States secretary of education determines its | 27429 |
| cohort default rate after recalculation is lower than the rate | 27430 |
| specified in division (F)(1) of this section or the secretary | 27431 |
| determines due to mitigating circumstances the institution may | 27432 |
| continue to participate in federal financial aid programs. The | 27433 |
| board shall adopt rules requiring institutions to provide | 27434 |
| information regarding an appeal to the board. | 27435 |
| (b) Any student who has previously received a grant under | 27436 |
| this section who meets all other requirements of this section. | 27437 |
| (3) The board shall adopt rules for the notification of all | 27438 |
| institutions whose students will be ineligible to participate in | 27439 |
| the grant program pursuant to division (F)(1) of this section. | 27440 |
| (4) A student's attendance at an institution whose students | 27441 |
| lose eligibility for grants under division (F)(1) of this section | 27442 |
| shall not affect that student's eligibility to receive a grant | 27443 |
| when enrolled in another institution. | 27444 |
| (G) Institutions of higher education that enroll students | 27445 |
| receiving instructional grants under this section shall report to | 27446 |
| the board all students who have received instructional grants but | 27447 |
| are no longer eligible for all or part of such grants and shall | 27448 |
| refund any moneys due the state within thirty days after the | 27449 |
| beginning of the quarter or term immediately following the quarter | 27450 |
| or term in which the student was no longer eligible to receive all | 27451 |
| or part of the student's grant. There shall be an interest charge | 27452 |
| of one per cent per month on all moneys due and payable after such | 27453 |
| thirty-day period. The board shall immediately notify the office | 27454 |
| of budget and management and the legislative service commission of | 27455 |
| all refunds so received. | 27456 |
| Sec. 3333.121. There is hereby established in the state | 27457 |
| treasury the | 27458 |
| reconciliation fund, which shall consist of refunds of | 27459 |
| instructional grant payments made pursuant to section 3333.12 of | 27460 |
| the Revised Code and refunds of state need-based financial aid | 27461 |
| payments made pursuant to section 3333.122 of the Revised Code. | 27462 |
| Revenues credited to the fund shall be used by the Ohio board of | 27463 |
| regents to pay to higher education institutions any outstanding | 27464 |
| obligations from the prior year owed for the Ohio instructional | 27465 |
| grant program and the Ohio college opportunity grant program that | 27466 |
| are identified through the annual reconciliation and financial | 27467 |
| audit. Any amount in the fund that is in excess of the amount | 27468 |
| certified to the director of budget and management by the board of | 27469 |
| regents as necessary to reconcile prior year payments under the | 27470 |
| program shall be transferred to the general revenue fund. | 27471 |
| Sec. 3333.122. (A) As used in this section: | 27472 |
| (1) "Eligible student" means a student who is: | 27473 |
| (a) An Ohio resident who first enrolls in an undergraduate | 27474 |
| program after July 1, 2006; | 27475 |
| (b) Enrolled in either of the following: | 27476 |
| (i) An accredited institution of higher education in this | 27477 |
| state that meets the requirements of Title VI of the Civil Rights | 27478 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 27479 |
| certificate of authorization from the Ohio board of regents | 27480 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 27481 |
| of registration from the state board of career colleges and | 27482 |
| schools and program authorization to award an associate or | 27483 |
| bachelor's degree, or is a private institution exempt from | 27484 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 27485 |
| in section 3333.046 of the Revised Code. Students who attend an | 27486 |
| institution that holds a certificate of registration shall be | 27487 |
| enrolled in a program leading to an associate or bachelor's degree | 27488 |
| for which associate or bachelor's degree program the institution | 27489 |
| has program authorization issued under section 3332.05 of the | 27490 |
| Revised Code. | 27491 |
| (ii) A technical education program of at least two years | 27492 |
| duration sponsored by a private institution of higher education in | 27493 |
| this state that meets the requirements of Title VI of the Civil | 27494 |
| Rights Act of 1964. | 27495 |
| (2) A student who participated in either the early college | 27496 |
| high school program administered by the department of education or | 27497 |
| in the post-secondary enrollment options program pursuant to | 27498 |
| Chapter 3365. of the Revised Code before July 1, 2006, shall not | 27499 |
| be excluded from eligibility for a need based grant under this | 27500 |
| section. | 27501 |
| (3) "Resident," "expected family contribution" or "EFC," | 27502 |
| "full-time student," "three-quarters-time student," "half-time | 27503 |
| student," "one-quarter-time student," and "accredited" shall be | 27504 |
| defined by rules adopted by the board. | 27505 |
| (B) The Ohio board of regents shall establish and administer | 27506 |
| a needs-based financial aid program based on the United States | 27507 |
| department of education's method of determining financial need and | 27508 |
| may adopt rules to carry out this section. The program shall be | 27509 |
| known as the Ohio college opportunity grant program. The general | 27510 |
| assembly shall support the needs-based financial aid program by | 27511 |
| such sums and in such manner as it may provide, but the board may | 27512 |
| also receive funds from other sources to support the program. If | 27513 |
| the amounts available for support of the program are inadequate to | 27514 |
| provide grants to all eligible students, preference in the payment | 27515 |
| of grants shall be given in terms of expected family contribution, | 27516 |
| beginning with the lowest expected family contribution category | 27517 |
| and proceeding upward by category to the highest expected family | 27518 |
| contribution category. | 27519 |
| A needs-based financial aid grant shall be paid to an | 27520 |
| eligible student through the institution in which the student is | 27521 |
| enrolled, except that no needs-based financial aid grant shall be | 27522 |
| paid to any person serving a term of imprisonment. Applications | 27523 |
| for such grants shall be made as prescribed by the board, and such | 27524 |
| applications may be made in conjunction with and upon the basis of | 27525 |
| information provided in conjunction with student assistance | 27526 |
| programs funded by agencies of the United States government or | 27527 |
| from financial resources of the institution of higher education. | 27528 |
| The institution shall certify that the student applicant meets the | 27529 |
| requirements set forth in divisions (A)(1)(a) and (b) of this | 27530 |
| section. Needs-based financial aid grants shall be provided to an | 27531 |
| eligible student only as long as the student is making appropriate | 27532 |
| progress toward a nursing diploma or an associate or bachelor's | 27533 |
| degree. No student shall be eligible to receive a grant for more | 27534 |
| than ten semesters, fifteen quarters, or the equivalent of five | 27535 |
| academic years. A grant made to an eligible student on the basis | 27536 |
| of less than full-time enrollment shall be based on the number of | 27537 |
| credit hours for which the student is enrolled and shall be | 27538 |
| computed in accordance with a formula adopted by the board. No | 27539 |
| student shall receive more than one grant on the basis of less | 27540 |
| than full-time enrollment. | 27541 |
| A needs-based financial aid grant shall not exceed the total | 27542 |
| instructional and general charges of the institution. | 27543 |
| (C) The tables in this division prescribe the maximum grant | 27544 |
| amounts covering two semesters, three quarters, or a comparable | 27545 |
| portion of one academic year. Grant amounts for additional terms | 27546 |
| in the same academic year shall be determined under division (D) | 27547 |
| of this section. | 27548 |
| As used in the tables in division (C) of this section: | 27549 |
| (1) "Private institution" means an institution that is | 27550 |
| nonprofit and has a certificate of authorization from the Ohio | 27551 |
| board of regents pursuant to Chapter 1713. of the Revised Code. | 27552 |
| (2) "Career college" means either an institution that holds a | 27553 |
| certificate of registration from the state board of career | 27554 |
| colleges and schools or a private institution exempt from | 27555 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 27556 |
| in section 3333.046 of the Revised Code. | 27557 |
| Full-time students shall be eligible to receive awards | 27558 |
| according to the following table: | 27559 |
| 27560 |
| 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: | 27561 | ||||||
| $2,101 | $2,190 | $300 | $600 | $480 | 27562 | ||||||
| 2,001 | 2,100 | 402 | 798 | 642 | 27563 | ||||||
| 1,901 | 2,000 | 498 | 1,002 | 798 | 27564 | ||||||
| 1,801 | 1,900 | 600 | 1,200 | 960 | 27565 | ||||||
| 1,701 | 1,800 | 702 | 1,398 | 1,122 | 27566 | ||||||
| 1,601 | 1,700 | 798 | 1,602 | 1,278 | 27567 | ||||||
| 1,501 | 1,600 | 900 | 1,800 | 1,440 | 27568 | ||||||
| 1,401 | 1,500 | 1,002 | 1,998 | 1,602 | 27569 | ||||||
| 1,301 | 1,400 | 1,098 | 2,202 | 1,758 | 27570 | ||||||
| 1,201 | 1,300 | 1,200 | 2,400 | 1,920 | 27571 | ||||||
| 1,101 | 1,200 | 1,302 | 2,598 | 2,082 | 27572 | ||||||
| 1,001 | 1,100 | 1,398 | 2,802 | 2,238 | 27573 | ||||||
| 901 | 1,000 | 1,500 | 3,000 | 2,400 | 27574 | ||||||
| 801 | 900 | 1,602 | 3,198 | 2,562 | 27575 | ||||||
| 701 | 800 | 1,698 | 3,402 | 2,718 | 27576 | ||||||
| 601 | 700 | 1,800 | 3,600 | 2,280 | 27577 | ||||||
| 501 | 600 | 1,902 | 3,798 | 3,042 | 27578 | ||||||
| 401 | 500 | 1,998 | 4,002 | 3,198 | 27579 | ||||||
| 301 | 400 | 2,100 | 4,200 | 3,360 | 27580 | ||||||
| 201 | 300 | 2,202 | 4,398 | 3,522 | 27581 | ||||||
| 101 | 200 | 2,298 | 4,602 | 3,678 | 27582 | ||||||
| 1 | 100 | 2,400 | 4,800 | 3,840 | 27583 | ||||||
| 0 | 0 | 2,496 | 4,992 | 3,996 | 27584 |
| Three-quarters-time students shall be eligible to receive | 27585 |
| awards according to the following table: | 27586 |
| 27587 |
| 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: | 27588 | ||||||
| $2,101 | $2,190 | $228 | $450 | $360 | 27589 | ||||||
| 2,001 | 2,100 | 300 | 600 | 480 | 27590 | ||||||
| 1,901 | 2,000 | 372 | 750 | 600 | 27591 | ||||||
| 1,801 | 1,900 | 450 | 900 | 720 | 27592 | ||||||
| 1,701 | 1,800 | 528 | 1,050 | 840 | 27593 | ||||||
| 1,601 | 1,700 | 600 | 1,200 | 960 | 27594 | ||||||
| 1,501 | 1,600 | 678 | 1,350 | 1,080 | 27595 | ||||||
| 1,401 | 1,500 | 750 | 1,500 | 1,200 | 27596 | ||||||
| 1,301 | 1,400 | 822 | 1,650 | 1,320 | 27597 | ||||||
| 1,201 | 1,300 | 900 | 1,800 | 1,440 | 27598 | ||||||
| 1,101 | 1,200 | 978 | 1,950 | 1,560 | 27599 | ||||||
| 1,001 | 1,100 | 1,050 | 2,100 | 1,680 | 27600 | ||||||
| 901 | 1,000 | 1,128 | 2,250 | 1,800 | 27601 | ||||||
| 801 | 900 | 1,200 | 2,400 | 1,920 | 27602 | ||||||
| 701 | 800 | 1,272 | 2,550 | 2,040 | 27603 | ||||||
| 601 | 700 | 1,350 | 2,700 | 2,160 | 27604 | ||||||
| 501 | 600 | 1,428 | 2,850 | 2,280 | 27605 | ||||||
| 401 | 500 | 1,500 | 3,000 | 2,400 | 27606 | ||||||
| 301 | 400 | 1,578 | 3,150 | 2,520 | 27607 | ||||||
| 201 | 300 | 1,650 | 3,300 | 2,640 | 27608 | ||||||
| 101 | 200 | 1,722 | 3,450 | 2,760 | 27609 | ||||||
| 1 | 100 | 1,800 | 3,600 | 2,880 | 27610 | ||||||
| 0 | 0 | 1,872 | 3,744 | 3,000 | 27611 |
| Half-time students shall be eligible to receive awards | 27612 |
| according to the following table: | 27613 |
| 27614 |
| 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: | 27615 | ||||||
| $2,101 | $2,190 | $150 | $300 | $240 | 27616 | ||||||
| 2,001 | 2,100 | 204 | 402 | 324 | 27617 | ||||||
| 1,901 | 2,000 | 252 | 504 | 402 | 27618 | ||||||
| 1,801 | 1,900 | 300 | 600 | 480 | 27619 | ||||||
| 1,701 | 1,800 | 354 | 702 | 564 | 27620 | ||||||
| 1,601 | 1,700 | 402 | 804 | 642 | 27621 | ||||||
| 1,501 | 1,600 | 450 | 900 | 720 | 27622 | ||||||
| 1,401 | 1,500 | 504 | 1,002 | 804 | 27623 | ||||||
| 1,301 | 1,400 | 552 | 1,104 | 882 | 27624 | ||||||
| 1,201 | 1,300 | 600 | 1,200 | 960 | 27625 | ||||||
| 1,101 | 1,200 | 654 | 1,302 | 1,044 | 27626 | ||||||
| 1,001 | 1,100 | 702 | 1,404 | 1,122 | 27627 | ||||||
| 901 | 1,000 | 750 | 1,500 | 1,200 | 27628 | ||||||
| 801 | 900 | 804 | 1,602 | 1,284 | 27629 | ||||||
| 701 | 800 | 852 | 1,704 | 1,362 | 27630 | ||||||
| 601 | 700 | 900 | 1,800 | 1,440 | 27631 | ||||||
| 501 | 600 | 954 | 1,902 | 1,524 | 27632 | ||||||
| 401 | 500 | 1,002 | 2,004 | 1,602 | 27633 | ||||||
| 301 | 400 | 1,050 | 2,100 | 1,680 | 27634 | ||||||
| 201 | 300 | 1,104 | 2,202 | 1,764 | 27635 | ||||||
| 101 | 200 | 1,152 | 2,304 | 1,842 | 27636 | ||||||
| 1 | 100 | 1,200 | 2,400 | 1,920 | 27637 | ||||||
| 0 | 0 | 1,248 | 2,496 | 1,998 | 27638 |
| One-quarter-time students shall be eligible to receive awards | 27639 |
| according to the following table: | 27640 |
| 27641 |
| 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: | 27642 | ||||||
| $2,101 | $2,190 | $78 | $150 | $120 | 27643 | ||||||
| 2,001 | 2,100 | 102 | 198 | 162 | 27644 | ||||||
| 1,901 | 2,000 | 126 | 252 | 198 | 27645 | ||||||
| 1,801 | 1,900 | 150 | 300 | 240 | 27646 | ||||||
| 1,701 | 1,800 | 174 | 348 | 282 | 27647 | ||||||
| 1,601 | 1,700 | 198 | 402 | 318 | 27648 | ||||||
| 1,501 | 1,600 | 228 | 450 | 360 | 27649 | ||||||
| 1,401 | 1,500 | 252 | 498 | 402 | 27650 | ||||||
| 1,301 | 1,400 | 276 | 552 | 438 | 27651 | ||||||
| 1,201 | 1,300 | 300 | 600 | 480 | 27652 | ||||||
| 1,101 | 1,200 | 324 | 648 | 522 | 27653 | ||||||
| 1,001 | 1,100 | 348 | 702 | 558 | 27654 | ||||||
| 901 | 1,000 | 378 | 750 | 600 | 27655 | ||||||
| 801 | 900 | 402 | 798 | 642 | 27656 | ||||||
| 701 | 800 | 426 | 852 | 678 | 27657 | ||||||
| 601 | 700 | 450 | 900 | 720 | 27658 | ||||||
| 501 | 600 | 474 | 948 | 762 | 27659 | ||||||
| 401 | 500 | 498 | 1,002 | 798 | 27660 | ||||||
| 301 | 400 | 528 | 1,050 | 840 | 27661 | ||||||
| 201 | 300 | 552 | 1,098 | 882 | 27662 | ||||||
| 101 | 200 | 576 | 1,152 | 918 | 27663 | ||||||
| 1 | 100 | 600 | 1,200 | 960 | 27664 | ||||||
| 0 | 0 | 624 | 1,248 | 1,002 | 27665 |
| (D) For a full-time student enrolled in an eligible | 27666 |
| institution for a semester or quarter in addition to the portion | 27667 |
| of the academic year covered by a grant determined under division | 27668 |
| (C) of this section, the maximum grant amount shall be a | 27669 |
| percentage of the maximum prescribed in the applicable table of | 27670 |
| that division. The maximum grant for a fourth quarter shall be | 27671 |
| one-third of the maximum amount prescribed under that division. | 27672 |
| The maximum grant for a third semester shall be one-half of the | 27673 |
| maximum amount prescribed under that division. | 27674 |
| (E) No grant shall be made to any student in a course of | 27675 |
| study in theology, religion, or other field of preparation for a | 27676 |
| religious profession unless such course of study leads to an | 27677 |
| accredited bachelor of arts, bachelor of science, associate of | 27678 |
| arts, or associate of science degree. | 27679 |
| (F)(1) Except as provided in division (F)(2) of this section, | 27680 |
| no grant shall be made to any student for enrollment during a | 27681 |
| fiscal year in an institution with a cohort default rate | 27682 |
| determined by the United States secretary of education pursuant to | 27683 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 27684 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 27685 |
| preceding the fiscal year, equal to or greater than thirty per | 27686 |
| cent for each of the preceding two fiscal years. | 27687 |
| (2) Division (F)(1) of this section does not apply to the | 27688 |
| following: | 27689 |
| (a) Any student enrolled in an institution that under the | 27690 |
| federal law appeals its loss of eligibility for federal financial | 27691 |
| aid and the United States secretary of education determines its | 27692 |
| cohort default rate after recalculation is lower than the rate | 27693 |
| specified in division (F)(1) of this section or the secretary | 27694 |
| determines due to mitigating circumstances the institution may | 27695 |
| continue to participate in federal financial aid programs. The | 27696 |
| board shall adopt rules requiring institutions to provide | 27697 |
| information regarding an appeal to the board. | 27698 |
| (b) Any student who has previously received a grant under | 27699 |
| this section who meets all other requirements of this section. | 27700 |
| (3) The board shall adopt rules for the notification of all | 27701 |
| institutions whose students will be ineligible to participate in | 27702 |
| the grant program pursuant to division (F)(1) of this section. | 27703 |
| (4) A student's attendance at an institution whose students | 27704 |
| lose eligibility for grants under division (F)(1) of this section | 27705 |
| shall not affect that student's eligibility to receive a grant | 27706 |
| when enrolled in another institution. | 27707 |
| (G) Institutions of higher education that enroll students | 27708 |
| receiving needs-based financial aid grants under this section | 27709 |
| shall report to the board all students who have received | 27710 |
| needs-based financial aid grants but are no longer eligible for | 27711 |
| all or part of such grants and shall refund any moneys due the | 27712 |
| state within thirty days after the beginning of the quarter or | 27713 |
| term immediately following the quarter or term in which the | 27714 |
| student was no longer eligible to receive all or part of the | 27715 |
| student's grant. There shall be an interest charge of one per cent | 27716 |
| per month on all moneys due and payable after such thirty-day | 27717 |
| period. The board shall immediately notify the office of budget | 27718 |
| and management and the legislative service commission of all | 27719 |
| refunds so received. | 27720 |
| Sec. 3333.162. (A) As used in this section, "state | 27721 |
| institution of higher education" means an institution of higher | 27722 |
| education as defined in section 3345.12 of the Revised Code. | 27723 |
| (B) By April 15, 2007, the Ohio board of regents, in | 27724 |
| consultation with the department of education, public adult and | 27725 |
| secondary career-technical education institutions, and | 27726 |
| institutions of higher education, shall establish criteria, | 27727 |
| policies, and procedures that enable students to transfer | 27728 |
| technical courses completed through an adult career-technical | 27729 |
| education institution or a public secondary career-technical | 27730 |
| institution to a state institution of higher education that offers | 27731 |
| such programs without unnecessary duplication or institutional | 27732 |
| barriers. The courses to which the criteria, policies, and | 27733 |
| procedures apply shall be those that adhere to recognized industry | 27734 |
| standards and equivalent coursework common to the secondary career | 27735 |
| pathway and adult career-technical education system and regionally | 27736 |
| accredited state institutions of higher education. Where | 27737 |
| applicable, the policies and procedures shall build upon the | 27738 |
| articulation agreement and transfer initiative course equivalency | 27739 |
| system required by section 3333.16 of the Revised Code. | 27740 |
| (C) By April 15, 2006, the board shall report to the general | 27741 |
| assembly on its progress in establishing these policies and | 27742 |
| procedures. | 27743 |
| Sec. 3333.27. As used in this section: | 27744 |
| (A) "Eligible institution" means a nonprofit Ohio institution | 27745 |
| of higher education that holds a certificate of authorization | 27746 |
| issued under section 1713.02 of the Revised Code and meets the | 27747 |
| requirements of Title VI of the Civil Rights Act of 1964. | 27748 |
| (B) "Resident" and "full-time student" have the meanings | 27749 |
| established for purposes of this section by rule of the Ohio board | 27750 |
| of regents. | 27751 |
| The board shall establish and administer a student choice | 27752 |
| grant program and shall adopt rules for the administration of the | 27753 |
| program. | 27754 |
| The board may make a grant to any resident of this state who | 27755 |
| is enrolled as a full-time student in a bachelor's degree program | 27756 |
| at an eligible institution and maintains an academic record that | 27757 |
| meets or exceeds the standard established pursuant to this section | 27758 |
| by rule of the board, except that no grant shall be made to any | 27759 |
| individual who was enrolled as a student in an institution of | 27760 |
| higher education on or before July 1, 1984, or is serving a term | 27761 |
| of imprisonment. The grant shall not exceed the lesser of the | 27762 |
| total instructional and general charges of the institution in | 27763 |
| which the student is enrolled, or an amount equal to one-fourth of | 27764 |
| the total of any state instructional subsidy amount distributed by | 27765 |
| the board in the second fiscal year of the preceding biennium for | 27766 |
| all full-time students enrolled in bachelor's degree programs at | 27767 |
| four-year state-assisted institutions of higher education divided | 27768 |
| by the sum of the actual number of full-time students enrolled in | 27769 |
| bachelor's degree programs at four-year state-assisted | 27770 |
| institutions of higher education reported to the board for such | 27771 |
| year by the institutions to which the subsidy was distributed. | 27772 |
| The board shall prescribe the form and manner of application | 27773 |
| for grants including the manner of certification by eligible | 27774 |
| institutions that each applicant from such institution is enrolled | 27775 |
| in a bachelor's degree program as a full-time student and has an | 27776 |
| academic record that meets or exceeds the standard established by | 27777 |
| the board. | 27778 |
| A grant awarded to an eligible student shall be paid to the | 27779 |
| institution in which the student is enrolled, and the institution | 27780 |
| shall reduce the student's instructional and general charges by | 27781 |
| the amount of the grant. Each grant awarded shall be prorated and | 27782 |
| paid in equal installments at the time of enrollment for each term | 27783 |
| of the academic year for which the grant is awarded. No student | 27784 |
| shall be eligible to receive a grant for more than ten semesters, | 27785 |
| fifteen quarters, or the equivalent of five academic years. | 27786 |
| The receipt of an Ohio student choice grant shall not affect | 27787 |
| a student's eligibility for assistance, or the amount of such | 27788 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 27789 |
| 3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised | 27790 |
| Code. If a student receives assistance under one or more of such | 27791 |
| sections, the student choice grant made to the student shall not | 27792 |
| exceed the difference between the amount of assistance received | 27793 |
| under such sections and the total instructional and general | 27794 |
| charges of the institution in which the student is enrolled. | 27795 |
| The general assembly shall support the student choice grant | 27796 |
| program by such sums and in such manner as it may provide, but the | 27797 |
| board may also receive funds from other sources to support the | 27798 |
| program. | 27799 |
| No grant shall be made to any student enrolled in a course of | 27800 |
| study leading to a degree in theology, religion, or other field of | 27801 |
| preparation for a religious profession unless the course of study | 27802 |
| leads to an accredited bachelor of arts or bachelor of science | 27803 |
| degree. | 27804 |
| Institutions of higher education that enroll students | 27805 |
| receiving grants under this section shall report to the board the | 27806 |
| name of each student who has received such a grant but who is no | 27807 |
| longer eligible for all or part of such grant and shall refund all | 27808 |
| moneys due to the state within thirty days after the beginning of | 27809 |
| the term immediately following the term in which the student was | 27810 |
| no longer eligible to receive all or part of the grant. There | 27811 |
| shall be an interest charge of one per cent per month on all | 27812 |
| moneys due and payable after such thirty-day period. The board | 27813 |
| shall immediately notify the office of budget and management and | 27814 |
| 27815 | |
| commission of all refunds received. | 27816 |
| Sec. 3333.28. (A) The Ohio board of regents shall establish | 27817 |
| the nurse education assistance program, the purpose of which shall | 27818 |
| be to make loans to students enrolled in prelicensure nurse | 27819 |
| education programs at institutions approved by the board of | 27820 |
| nursing under section 4723.06 of the Revised Code and | 27821 |
| postlicensure nurse education programs approved by the board of | 27822 |
| regents under section 3333.04 of the Revised Code or offered by an | 27823 |
| institution holding a certificate of authorization issued by the | 27824 |
| board of regents under Chapter 1713. of the Revised Code. The | 27825 |
| board of nursing shall assist the board of regents in | 27826 |
| administering the program. | 27827 |
| (B) There is hereby created in the state treasury the nurse | 27828 |
| education assistance fund, which shall consist of all money | 27829 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 27830 |
| The fund shall be used by the board of regents for loans made | 27831 |
| under division (A) of this section and for expenses of | 27832 |
| administering the loan program. | 27833 |
| (C) The board of regents shall adopt rules in accordance with | 27834 |
| Chapter 119. of the Revised Code establishing: | 27835 |
| (1) Eligibility criteria for receipt of a loan; | 27836 |
| (2) Loan application procedures; | 27837 |
| (3) The amounts in which loans may be made and the total | 27838 |
| amount that may be loaned to an individual; | 27839 |
| (4) The total amount of loans that can be made each year; | 27840 |
| (5) The percentage of the money in the fund that must remain | 27841 |
| in the fund at all times as a fund balance; | 27842 |
| (6) Interest and principal repayment schedules; | 27843 |
| (7) Conditions under which a portion of principal and | 27844 |
| interest obligations incurred by an individual under the program | 27845 |
| will be forgiven; | 27846 |
| (8) Ways that the program may be used to encourage | 27847 |
| individuals who are members of minority groups to enter the | 27848 |
| nursing profession; | 27849 |
| (9) Any other matters incidental to the operation of the | 27850 |
| program. | 27851 |
| (D) The obligation to repay a portion of the principal and | 27852 |
| interest on a loan made under this section shall be forgiven if | 27853 |
| the recipient of the loan meets the criteria for forgiveness | 27854 |
| established by the board of regents by rule adopted under division | 27855 |
| (C)(7) of this section. | 27856 |
| (E) The receipt of a loan under this section shall not affect | 27857 |
| a student's eligibility for assistance, or the amount of that | 27858 |
| assistance, granted under section 3333.12, 3333.122, 3333.22, | 27859 |
| 3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised | 27860 |
| Code, but the rules of the board of regents may provide for taking | 27861 |
| assistance received under those sections into consideration when | 27862 |
| determining a student's eligibility for a loan under this section. | 27863 |
| Sec. 3333.36. | 27864 |
| unexpended funds are available from general revenue fund | 27865 |
| appropriations made to the Ohio board of regents, the chancellor | 27866 |
| of the Ohio board of regents | 27867 |
| thousand dollars in each fiscal year to make payments to the | 27868 |
| Columbus program in intergovernmental issues, an Ohio internship | 27869 |
| program at Kent state university, for scholarships of up to two | 27870 |
| thousand dollars for each student enrolled in the program. The | 27871 |
| chancellor may utilize any general revenue funds appropriated to | 27872 |
| the board of regents that the chancellor determines to be | 27873 |
| available for purposes of this section. | 27874 |
| Sec. 3333.38. (A) As used in this section: | 27875 |
| (1) "Institution of higher education" includes all of the | 27876 |
| following: | 27877 |
| (a) A state institution of higher education, as defined in | 27878 |
| section 3345.011 of the Revised Code; | 27879 |
| (b) A nonprofit institution issued a certificate of | 27880 |
| authorization by the Ohio board of regents under Chapter 1713. of | 27881 |
| the Revised Code; | 27882 |
| (c) A private institution exempt from regulation under | 27883 |
| Chapter 3332. of the Revised Code, as prescribed in section | 27884 |
| 3333.046 of the Revised Code; | 27885 |
| (d) An institution of higher education with a certificate of | 27886 |
| registration from the state board of career colleges and schools | 27887 |
| under Chapter 3332. of the Revised Code. | 27888 |
| (2) "Student financial assistance supported by state funds" | 27889 |
| includes assistance granted under sections 3315.33, 3333.12, | 27890 |
| 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, | 27891 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code and any other | 27892 |
| post-secondary student financial assistance supported by state | 27893 |
| funds. | 27894 |
| (B) An individual who is convicted of, pleads guilty to, or | 27895 |
| is adjudicated a delinquent child for one of the following | 27896 |
| violations shall be ineligible to receive any student financial | 27897 |
| assistance supported by state funds at an institution of higher | 27898 |
| education for two calendar years from the time the individual | 27899 |
| applies for assistance of that nature: | 27900 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 27901 |
| Code; | 27902 |
| (2) A violation of section 2917.04 of the Revised Code that | 27903 |
| is a misdemeanor of the fourth degree; | 27904 |
| (3) A violation of section 2917.13 of the Revised Code that | 27905 |
| is a misdemeanor of the fourth or first degree and occurs within | 27906 |
| the proximate area where four or more others are acting in a | 27907 |
| course of conduct in violation of section 2917.11 of the Revised | 27908 |
| Code. | 27909 |
| (C) If an individual is convicted of, pleads guilty to, or is | 27910 |
| adjudicated a delinquent child for committing a violation of | 27911 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 27912 |
| individual is enrolled in a state-supported institution of higher | 27913 |
| education, the institution in which the individual is enrolled | 27914 |
| shall immediately dismiss the individual. No state-supported | 27915 |
| institution of higher education shall admit an individual of that | 27916 |
| nature for one academic year after the individual applies for | 27917 |
| admission to a state-supported institution of higher education. | 27918 |
| This division does not limit or affect the ability of a | 27919 |
| state-supported institution of higher education to suspend or | 27920 |
| otherwise discipline its students. | 27921 |
| Sec. 3334.01. As used in this chapter: | 27922 |
| (A) "Aggregate original principal amount" means the aggregate | 27923 |
| of the initial offering prices to the public of college savings | 27924 |
| bonds, exclusive of accrued interest, if any. "Aggregate original | 27925 |
| principal amount" does not mean the aggregate accreted amount | 27926 |
| payable at maturity or redemption of such bonds. | 27927 |
| (B) "Beneficiary" means: | 27928 |
| (1) An individual designated by the purchaser under a tuition | 27929 |
| payment contract or through a scholarship program as the | 27930 |
|
individual on whose behalf tuition | 27931 |
| the contract or awarded through the scholarship program will be | 27932 |
| applied toward the payment of undergraduate, graduate, or | 27933 |
| professional tuition; or | 27934 |
| (2) An individual designated by the contributor under a | 27935 |
| variable college savings program contract as the individual whose | 27936 |
| tuition and other higher education expenses will be paid from a | 27937 |
| variable college savings program account. | 27938 |
| (C) "Capital appreciation bond" means a bond for which the | 27939 |
| following is true: | 27940 |
| (1) The principal amount is less than the amount payable at | 27941 |
| maturity or early redemption; and | 27942 |
| (2) No interest is payable on a current basis. | 27943 |
| (D) "Tuition | 27944 |
| trust authority purchased under section 3334.09 of the Revised | 27945 |
| Code. "Tuition unit" includes a tuition credit purchased prior to | 27946 |
| July 1, 1994. | 27947 |
| (E) "College savings bonds" means revenue and other | 27948 |
| obligations issued on behalf of the state or any agency or issuing | 27949 |
| authority thereof as a zero-coupon or capital appreciation bond, | 27950 |
| and designated as college savings bonds as provided in this | 27951 |
| chapter. "College savings bond issue" means any issue of bonds of | 27952 |
| which any part has been designated as college savings bonds. | 27953 |
| (F) "Institution of higher education" means a state | 27954 |
| institution of higher education, a private college, university, or | 27955 |
| other postsecondary institution located in this state that | 27956 |
| possesses a certificate of authorization issued by the Ohio board | 27957 |
| of regents pursuant to Chapter 1713. of the Revised Code or a | 27958 |
| certificate of registration issued by the state board of career | 27959 |
| colleges and schools under Chapter 3332. of the Revised Code, or | 27960 |
| an accredited college, university, or other postsecondary | 27961 |
| institution located outside this state that is accredited by an | 27962 |
| accrediting organization or professional association recognized by | 27963 |
| the authority. To be considered an institution of higher | 27964 |
| education, an institution shall meet the definition of an eligible | 27965 |
| educational institution under section 529 of the Internal Revenue | 27966 |
| Code. | 27967 |
| (G) "Issuing authority" means any authority, commission, | 27968 |
| body, agency, or individual empowered by the Ohio Constitution or | 27969 |
| the Revised Code to issue bonds or any other debt obligation of | 27970 |
| the state or any agency or department thereof. "Issuer" means the | 27971 |
| issuing authority or, if so designated under division (B) of | 27972 |
| section 3334.04 of the Revised Code, the treasurer of state. | 27973 |
| (H) "Tuition" means the charges imposed to attend an | 27974 |
| institution of higher education as an undergraduate, graduate, or | 27975 |
| professional student and all fees required as a condition of | 27976 |
| enrollment, as determined by the Ohio tuition trust authority. | 27977 |
| "Tuition" does not include laboratory fees, room and board, or | 27978 |
| other similar fees and charges. | 27979 |
| (I) "Weighted average tuition" means the tuition cost | 27980 |
| resulting from the following calculation: | 27981 |
| (1) Add the products of the annual undergraduate tuition | 27982 |
| charged to Ohio residents at each four-year state university | 27983 |
| multiplied by that institution's total number of undergraduate | 27984 |
| fiscal year equated students; and | 27985 |
| (2) Divide the gross total of the products from division | 27986 |
| (I)(1) of this section by the total number of undergraduate fiscal | 27987 |
| year equated students attending four-year state universities. | 27988 |
| When making this calculation, the "annual undergraduate | 27989 |
| tuition charged to Ohio residents" shall not incorporate any | 27990 |
| tuition reductions that vary in amount among individual recipients | 27991 |
| and that are awarded to Ohio residents based upon their particular | 27992 |
| circumstances, beyond any minimum amount awarded uniformly to all | 27993 |
| Ohio residents. In addition, any tuition reductions awarded | 27994 |
| uniformly to all Ohio residents shall be incorporated into this | 27995 |
| calculation. | 27996 |
| (J) "Zero-coupon bond" means a bond which has a stated | 27997 |
| interest rate of zero per cent and on which no interest is payable | 27998 |
| until the maturity or early redemption of the bond, and is offered | 27999 |
| at a substantial discount from its original stated principal | 28000 |
| amount. | 28001 |
| (K) "State institution of higher education" includes the | 28002 |
| state universities listed in section 3345.011 of the Revised Code, | 28003 |
| community colleges created pursuant to Chapter 3354. of the | 28004 |
| Revised Code, university branches created pursuant to Chapter | 28005 |
| 3355. of the Revised Code, technical colleges created pursuant to | 28006 |
| Chapter 3357. of the Revised Code, state community colleges | 28007 |
| created pursuant to Chapter 3358. of the Revised Code, the medical | 28008 |
| university of Ohio at Toledo, and the northeastern Ohio | 28009 |
| universities college of medicine. | 28010 |
| (L) "Four-year state university" means those state | 28011 |
| universities listed in section 3345.011 of the Revised Code. | 28012 |
| (M) "Principal amount" refers to the initial offering price | 28013 |
| to the public of an obligation, exclusive of the accrued interest, | 28014 |
| if any. "Principal amount" does not refer to the aggregate | 28015 |
| accreted amount payable at maturity or redemption of an | 28016 |
| obligation. | 28017 |
| (N) "Scholarship program" means a program registered with the | 28018 |
| Ohio tuition trust authority pursuant to section 3334.17 of the | 28019 |
| Revised Code. | 28020 |
| (O) "Internal Revenue Code" means the "Internal Revenue Code | 28021 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 28022 |
| (P) "Other higher education expenses" means room and board | 28023 |
| and books, supplies, equipment, and nontuition-related fees | 28024 |
| associated with the cost of attendance of a beneficiary at an | 28025 |
| institution of higher education, but only to the extent that such | 28026 |
| expenses meet the definition of "qualified higher education | 28027 |
| expenses" under section 529 of the Internal Revenue Code. "Other | 28028 |
| higher education expenses" does not include tuition as defined in | 28029 |
| division (H) of this section. | 28030 |
| (Q) "Purchaser" means the person signing the tuition payment | 28031 |
|
contract, who controls
the account and acquires tuition | 28032 |
| units for an account under the terms and conditions of the | 28033 |
| contract. | 28034 |
| (R) "Contributor" means a person who signs a variable college | 28035 |
| savings program contract with the Ohio tuition trust authority and | 28036 |
| contributes to and owns the account created under the contract. | 28037 |
| (S) "Contribution" means any payment directly allocated to an | 28038 |
| account for the benefit of the designated beneficiary of the | 28039 |
| account. | 28040 |
| Sec. 3334.02. (A) In order to help make higher education | 28041 |
| affordable and accessible to all citizens of Ohio, to maintain | 28042 |
| state institutions of higher education by helping to provide a | 28043 |
| stable financial base to these institutions, to provide the | 28044 |
| citizens of Ohio with financing assistance for higher education | 28045 |
| and protection against rising tuition costs, to encourage saving | 28046 |
| to enhance the ability of citizens of Ohio to obtain financial | 28047 |
| access to institutions of higher education, to encourage | 28048 |
| elementary and secondary students in this state to achieve | 28049 |
| academic excellence, and to promote a well-educated and | 28050 |
| financially secure population to the ultimate benefit of all | 28051 |
| citizens of the state of Ohio, there is hereby created the Ohio | 28052 |
| college savings program. The program shall consist of the issuance | 28053 |
|
of college savings bonds and the sale of tuition
| 28054 |
| 28055 |
| (B) The provisions of Chapter 1707. of the Revised Code shall | 28056 |
| not apply to tuition
| 28057 |
| related thereto. | 28058 |
| (C) To provide the citizens of Ohio with a choice of | 28059 |
| tax-advantaged college savings programs and the opportunity to | 28060 |
| participate in more than one type of college savings program at a | 28061 |
| time, the Ohio tuition trust authority shall establish and | 28062 |
| administer a variable college savings program as a qualified state | 28063 |
| tuition program under section 529 of the Internal Revenue Code. | 28064 |
| The program shall allow contributors to make cash contributions to | 28065 |
| variable college savings program accounts created for the purpose | 28066 |
| of paying future tuition and other higher education expenses and | 28067 |
| providing variable rates of return on contributions. | 28068 |
| (D) A person may participate simultaneously in both the Ohio | 28069 |
| college savings program and the variable college savings program. | 28070 |
| Sec. 3334.03. (A) There is hereby created the Ohio tuition | 28071 |
| trust authority, which shall have the powers enumerated in this | 28072 |
| chapter and which shall operate as a qualified state tuition | 28073 |
| program within the meaning of section 529 of the Internal Revenue | 28074 |
| Code. The exercise by the authority of its powers shall be and is | 28075 |
| hereby declared an essential state governmental function. The | 28076 |
| authority is subject to all provisions of law generally applicable | 28077 |
| to state agencies which do not conflict with the provisions of | 28078 |
| this chapter. | 28079 |
| (B) The Ohio tuition trust authority shall consist of eleven | 28080 |
| members, no more than six of whom shall be of the same political | 28081 |
| party. Six members shall be appointed by the governor with the | 28082 |
| advice and consent of the senate as follows: one shall represent | 28083 |
| state institutions of higher education, one shall represent | 28084 |
| private nonprofit colleges and universities located in Ohio, one | 28085 |
| shall have experience in the field of marketing or public | 28086 |
| relations, one shall have experience in the field of information | 28087 |
| systems design or management, and two shall have experience in the | 28088 |
| field of banking, investment banking, insurance, or law. Four | 28089 |
| members shall be appointed by the speaker of the house of | 28090 |
| representatives and the president of the senate as follows: the | 28091 |
| speaker of the house of representatives shall appoint one member | 28092 |
| of the house from each political party and the president of the | 28093 |
| senate shall appoint one member of the senate from each political | 28094 |
| party. The chancellor of the board of regents shall be an ex | 28095 |
| officio voting member; provided, however, that the chancellor may | 28096 |
| designate a vice-chancellor of the board of regents to serve as | 28097 |
| the chancellor's representative. The political party of the | 28098 |
| chancellor shall be deemed the political party of the designee for | 28099 |
| purposes of determining that no more than six members are of the | 28100 |
| same political party. | 28101 |
| Initial gubernatorial appointees to the authority shall serve | 28102 |
| staggered terms, with two terms expiring on January 31, 1991, one | 28103 |
| term expiring on January 31, 1992, and one term expiring on | 28104 |
| January 31, 1993. The governor shall appoint two additional | 28105 |
|
members to the authority no later than thirty days after
| 28106 |
| 28107 | |
| terms shall expire January 31, 2002. Thereafter, terms of office | 28108 |
| for gubernatorial appointees shall be for four years. The initial | 28109 |
| terms of the four legislative members shall expire on January 31, | 28110 |
| 1991. Thereafter legislative members shall serve two-year terms, | 28111 |
| provided that legislative members may continue to serve on the | 28112 |
| authority only if they remain members of the general assembly. Any | 28113 |
| vacancy on the authority shall be filled in the same manner as the | 28114 |
| original appointment, except that any person appointed to fill a | 28115 |
| vacancy shall be appointed to the remainder of the unexpired term. | 28116 |
| Any member is eligible for reappointment. | 28117 |
| (C) Any member may be removed by the appointing authority for | 28118 |
| misfeasance, malfeasance, or willful neglect of duty or for other | 28119 |
| cause after notice and a public hearing, unless the notice and | 28120 |
| hearing are waived in writing by the member. Members shall serve | 28121 |
| without compensation but shall receive their reasonable and | 28122 |
| necessary expenses incurred in the conduct of authority business. | 28123 |
| (D) The speaker of the house of representatives and the | 28124 |
| president of the senate shall each designate a member of the | 28125 |
| authority to serve as co-chairpersons. The six gubernatorial | 28126 |
| appointees and the chancellor of the board of regents or the | 28127 |
| chancellor's designee shall serve as the executive committee of | 28128 |
| the authority, and shall elect an executive chairperson from among | 28129 |
| the executive committee members. The authority and the executive | 28130 |
| committee may elect such other officers as determined by the | 28131 |
| authority or the executive committee respectively. The authority | 28132 |
| shall meet at least annually at the call of either co-chairperson | 28133 |
| and at such other times as either co-chairperson or the authority | 28134 |
| determines necessary. In the absence of both co-chairpersons, the | 28135 |
| executive chairperson shall serve as the presiding officer of the | 28136 |
| authority. The executive committee shall meet at the call of the | 28137 |
| executive chairperson or as the executive committee determines | 28138 |
| necessary. The authority may delegate to the executive committee | 28139 |
| such duties and responsibilities as the authority determines | 28140 |
| appropriate, except that the authority may not delegate to the | 28141 |
| executive committee the final determination of the annual price of | 28142 |
|
a tuition
| 28143 |
| savings bonds, or the employment of an executive director of the | 28144 |
| authority. Upon such delegation, the executive committee shall | 28145 |
| have the authority to act pursuant to such delegation without | 28146 |
| further approval or action by the authority. A majority of the | 28147 |
| authority shall constitute a quorum of the authority, and the | 28148 |
| affirmative vote of a majority of the members present shall be | 28149 |
| necessary for any action taken by the authority. A majority of the | 28150 |
| executive committee shall constitute a quorum of the executive | 28151 |
| committee, and the affirmative vote of a majority of the members | 28152 |
| present shall be necessary for any action taken by the executive | 28153 |
| committee. No vacancy in the membership of the authority or the | 28154 |
| executive committee shall impair the rights of a quorum to | 28155 |
| exercise all rights and perform all duties of the authority or the | 28156 |
| executive committee respectively. | 28157 |
| Sec. 3334.07. (A) The Ohio tuition trust authority shall | 28158 |
| develop a plan for the sale of tuition | 28159 |
| board of regents shall cooperate with the authority and provide | 28160 |
| technical assistance upon request. | 28161 |
| (B) Annually, the authority shall determine the weighted | 28162 |
| average tuition of four-year state universities in the academic | 28163 |
| year that begins on or after the first day of August of the | 28164 |
| current calendar year, and shall establish the price of a tuition | 28165 |
| 28166 | |
| on sound actuarial principles, and shall, to the extent | 28167 |
| actuarially possible, reasonably approximate one per cent of the | 28168 |
| weighted average tuition for that academic year plus the costs of | 28169 |
|
administering the | 28170 |
| general revenue fund appropriations for administrative costs. The | 28171 |
| sales period to which such price applies shall consist of twelve | 28172 |
| months, and the authority by rule shall establish the date on | 28173 |
| which the sales period begins. If circumstances arise during a | 28174 |
| sales period that the authority determines causes the price of | 28175 |
| tuition | 28176 |
| soundness of the Ohio tuition trust fund, the authority may adjust | 28177 |
| the price of tuition | 28178 |
| of the sales period. To promote the purchase of
tuition | 28179 |
| units and in accordance with actuarially sound principles, the | 28180 |
| authority may adjust the sales price as part of incentive | 28181 |
| programs, such as discounting for | 28182 |
| multi-year installment plans at a fixed rate of purchase. | 28183 |
| Sec. 3334.08. (A) Subject to division (B) of this section, | 28184 |
| in addition to any other powers conferred by this chapter, the | 28185 |
| Ohio tuition trust authority may do any of the following: | 28186 |
| (1) Impose reasonable residency requirements for | 28187 |
|
beneficiaries of tuition | 28188 |
| (2) Impose reasonable limits on the number of tuition
| 28189 |
| unit participants; | 28190 |
| (3) Impose and collect administrative fees and charges in | 28191 |
| connection with any transaction under this chapter; | 28192 |
| (4) Purchase insurance from insurers licensed to do business | 28193 |
| in this state providing for coverage against any loss in | 28194 |
| connection with the authority's property, assets, or activities or | 28195 |
| to further ensure the value of tuition | 28196 |
| (5) Indemnify or purchase policies of insurance on behalf of | 28197 |
| members, officers, and employees of the authority from insurers | 28198 |
| licensed to do business in this state providing for coverage for | 28199 |
| any liability incurred in connection with any civil action, | 28200 |
| demand, or claim against a director, officer, or employee by | 28201 |
| reason of an act or omission by the director, officer, or employee | 28202 |
| that was not manifestly outside the scope of the employment or | 28203 |
| official duties of the director, officer, or employee or with | 28204 |
| malicious purpose, in bad faith, or in a wanton or reckless | 28205 |
| manner; | 28206 |
| (6) Make, execute, and deliver contracts, conveyances, and | 28207 |
| other instruments necessary to the exercise and discharge of the | 28208 |
| powers and duties of the authority; | 28209 |
| (7) Promote, advertise, and publicize the Ohio college | 28210 |
| savings program and the variable college savings program; | 28211 |
| (8) Adopt rules under section 111.15 of the Revised Code for | 28212 |
| the implementation of the Ohio college savings program; | 28213 |
| (9) Contract, for the provision of all or part of the | 28214 |
| services necessary for the management and operation of the Ohio | 28215 |
| college savings program and the variable college savings program, | 28216 |
| with a bank, trust company, savings and loan association, | 28217 |
| insurance company, or licensed dealer in securities if the bank, | 28218 |
| company, association, or dealer is authorized to do business in | 28219 |
| this state and information about the contract is filed with the | 28220 |
| controlling board pursuant to division (D)(6) of section 127.16 of | 28221 |
| the Revised Code; | 28222 |
| (10) Contract for other services, or for goods, needed by the | 28223 |
| authority in the conduct of its business, including but not | 28224 |
| limited to credit card services; | 28225 |
| (11) Employ an executive director and other personnel as | 28226 |
| necessary to carry out its responsibilities under this chapter, | 28227 |
| and fix the compensation of these persons. All employees of the | 28228 |
| authority shall be in the unclassified civil service and shall be | 28229 |
| eligible for membership in the public employees retirement system. | 28230 |
| (12) Contract with financial consultants, actuaries, | 28231 |
| auditors, and other consultants as necessary to carry out its | 28232 |
| responsibilities under this chapter; | 28233 |
| (13) Enter into agreements with any agency of the state or | 28234 |
| its political subdivisions or with private employers under which | 28235 |
| an employee may agree to have a designated amount deducted in each | 28236 |
| payroll period from the wages or salary due the employee for the | 28237 |
| purpose of purchasing tuition | 28238 |
| payment contract or making contributions pursuant to a variable | 28239 |
| college savings program contract; | 28240 |
| (14) Enter into an agreement with the treasurer of state | 28241 |
| under which the treasurer of state will receive, and credit to the | 28242 |
| Ohio tuition trust fund or variable college savings program fund, | 28243 |
| from any bank or savings and loan association authorized to do | 28244 |
| business in this state, amounts that a depositor of the bank or | 28245 |
| association authorizes the bank or association to withdraw | 28246 |
| periodically from the depositor's account for the purpose of | 28247 |
| purchasing tuition | 28248 |
| contract or making contributions pursuant to a variable college | 28249 |
| savings program contract; | 28250 |
| (15) Solicit and accept gifts, grants, and loans from any | 28251 |
| person or governmental agency and participate in any governmental | 28252 |
| program; | 28253 |
| (16) Impose limits
on the number of | 28254 |
| be purchased on behalf of or assigned or awarded to any | 28255 |
| beneficiary and on the total amount of contributions that may be | 28256 |
| made on behalf of a beneficiary; | 28257 |
| (17) Impose restrictions on the substitution of another | 28258 |
| individual for the original beneficiary under the Ohio college | 28259 |
| savings program; | 28260 |
| (18) Impose a limit on the age of a beneficiary, above which | 28261 |
| tuition | 28262 |
| beneficiary; | 28263 |
| (19) Enter into a cooperative agreement with the treasurer of | 28264 |
| state to provide for the direct disbursement of payments under | 28265 |
| tuition payment or variable college savings program contracts; | 28266 |
| (20) Determine the other higher education expenses for which | 28267 |
|
tuition | 28268 |
| (21) Terminate any tuition payment or variable college | 28269 |
| savings program contract if no purchases or contributions are made | 28270 |
| for a period of three years or more and there are fewer than a | 28271 |
| total of five tuition units | 28272 |
| dollar amount set by rule on account, provided that notice of a | 28273 |
| possible termination shall be provided in advance, explaining any | 28274 |
| options to prevent termination, and a reasonable amount of time | 28275 |
| shall be provided within which to act to prevent a termination; | 28276 |
| (22) Maintain a separate account for each tuition payment or | 28277 |
| variable college savings program contract; | 28278 |
| (23) Perform all acts necessary and proper to carry out the | 28279 |
| duties and responsibilities of the authority pursuant to this | 28280 |
| chapter. | 28281 |
| (B) The authority shall adopt rules under section 111.15 of | 28282 |
| the Revised Code for the implementation and administration of the | 28283 |
| variable college savings program. The rules shall provide | 28284 |
| taxpayers with the maximum tax advantages and flexibility | 28285 |
| consistent with section 529 of the Internal Revenue Code and | 28286 |
| regulations adopted thereunder with regard to disposition of | 28287 |
| contributions and earnings, designation of beneficiaries, and | 28288 |
| rollover of account assets to other programs. | 28289 |
| (C) Except as otherwise specified in this chapter, the | 28290 |
| provisions of Chapters 123., 125., and 4117. of the Revised Code | 28291 |
| shall not apply to the authority. The department of administrative | 28292 |
| services shall, upon the request of the authority, act as the | 28293 |
| authority's agent for the purchase of equipment, supplies, | 28294 |
| insurance, or services, or the performance of administrative | 28295 |
| services pursuant to Chapter 125. of the Revised Code. | 28296 |
| Sec. 3334.09. (A) Except in the case of a scholarship | 28297 |
| program established in accordance with section 3334.17 of the | 28298 |
| Revised Code, the Ohio tuition trust authority may enter into a | 28299 |
| tuition payment contract with any person for the purchase of | 28300 |
| tuition | 28301 |
| is a resident of this state at the time the contract is entered | 28302 |
| into. A tuition payment contract shall allow any person to | 28303 |
| purchase tuition | 28304 |
| authority pursuant to section 3334.07 or 3334.12 of the Revised | 28305 |
|
Code for the year in which the tuition | 28306 |
| The purchaser shall name in the payment contract one specific | 28307 |
| individual as the beneficiary
for the tuition | 28308 |
| In accordance with rules of the authority, | 28309 |
| be transferred to the credit of another beneficiary and a new | 28310 |
| beneficiary may be substituted for the beneficiary originally | 28311 |
| named in the contract. | 28312 |
| (B) Each tuition | 28313 |
| an amount equal to one per cent of the weighted average tuition. | 28314 |
| (C) Nothing in this chapter or in any tuition payment | 28315 |
| contract entered into pursuant to this chapter shall be construed | 28316 |
| as a guarantee by the state, the authority, or any institution of | 28317 |
| higher education that a beneficiary will be admitted to an | 28318 |
| institution of higher education, or, upon admission to an | 28319 |
| institution of higher education, will be permitted to continue to | 28320 |
| attend or will receive a degree from an institution of higher | 28321 |
| education. Nothing in this chapter or in any tuition payment | 28322 |
| contract entered into pursuant to this chapter shall be considered | 28323 |
| a guarantee that the beneficiary's cost of tuition at an | 28324 |
| institution of higher education other than a state institution of | 28325 |
| higher education will be covered in full by the proceeds of the | 28326 |
| beneficiary's tuition | 28327 |
| (D) The following information shall be disclosed in writing | 28328 |
| to each purchaser of tuition | 28329 |
| to each entity establishing a scholarship program under section | 28330 |
| 3334.17 of the Revised Code: | 28331 |
| (1) The terms and conditions for the purchase and use of | 28332 |
| tuition | 28333 |
| (2) In the case of a contract described by division (A) of | 28334 |
| this section, any restrictions on the substitution of another | 28335 |
| individual for the original beneficiary and any restrictions on | 28336 |
|
the transfer of ownership of | 28337 |
| (3) The person or entity entitled to terminate the contract; | 28338 |
| (4) The terms and conditions under which the contract may be | 28339 |
| terminated and the amount of the refund, if any, to which the | 28340 |
| person or entity terminating the contract, or that person's or | 28341 |
| entity's designee, is entitled upon termination; | 28342 |
| (5) The obligation of the authority to make payments to a | 28343 |
| beneficiary, or an institution of higher education on behalf of a | 28344 |
| beneficiary, under division (B) of this section based upon the | 28345 |
|
number of tuition | 28346 |
| beneficiary or awarded to the beneficiary pursuant to a | 28347 |
| scholarship program; | 28348 |
| (6) The method by which tuition | 28349 |
| applied toward payment of tuition and other higher education | 28350 |
| expenses if in any academic term the beneficiary is a part-time | 28351 |
| student; | 28352 |
| (7) The period of time during which a beneficiary may receive | 28353 |
| benefits under the contract; | 28354 |
| (8) The terms and conditions under which money may be wholly | 28355 |
| or partially withdrawn from the program, including, but not | 28356 |
| limited to, any reasonable charges and fees that may be imposed | 28357 |
| for withdrawal; | 28358 |
| (9) All other rights and obligations of the purchaser and the | 28359 |
| authority, including the provisions of division (A) of section | 28360 |
| 3334.12 of the Revised Code, and any other terms, conditions, and | 28361 |
| provisions the authority considers necessary and appropriate. | 28362 |
| (E) A tuition payment contract may provide that the authority | 28363 |
| will pay directly to the institution of higher education in which | 28364 |
| a beneficiary is enrolled during a term the amount represented by | 28365 |
| the tuition | 28366 |
| (F) A tuition payment contract described by division (A) of | 28367 |
| this section may provide that if the contract has not been | 28368 |
| terminated or | 28369 |
| been applied toward the payment of tuition or other higher | 28370 |
| education expenses within a specified period of time, the | 28371 |
| authority may, after making a reasonable effort to locate the | 28372 |
| purchaser of the tuition | 28373 |
| person designated in the contract to act on behalf of the | 28374 |
| purchaser of the | 28375 |
| contract and retain the amounts payable under the contract. | 28376 |
| (G) If, at any time after tuition | 28377 |
| on behalf of a beneficiary or awarded to a beneficiary or pursuant | 28378 |
| to a scholarship program, the beneficiary becomes a nonresident of | 28379 |
| this state, or, if the beneficiary was not a resident of this | 28380 |
| state at the time the tuition payment contract was entered into, | 28381 |
| the purchaser becomes a nonresident of this state,
| 28382 |
| purchased or awarded while the beneficiary was a resident may be | 28383 |
| applied on behalf of the beneficiary toward the payment of tuition | 28384 |
| at an institution of higher education and other higher education | 28385 |
| expenses in the manner specified in division (B) of this section, | 28386 |
| except that if the beneficiary enrolls in a state institution of | 28387 |
| higher education, the beneficiary shall be responsible for payment | 28388 |
| of all nonresident fees charged to out-of-state residents by the | 28389 |
| institution in which the beneficiary is enrolled. | 28390 |
| Sec. 3334.10. Divisions (A) | 28391 |
| section do not apply to scholarship programs established under | 28392 |
| section 3334.17 of the Revised Code. | 28393 |
| (A) Unless otherwise provided for in the
| 28394 |
|
payment
contract | 28395 |
| 28396 | |
| 28397 |
| | 28398 |
| 28399 |
| | 28400 |
| 28401 | |
| 28402 | |
| 28403 |
| | 28404 |
| 28405 |
| | 28406 |
| 28407 |
| | 28408 |
| 28409 |
| | 28410 |
| 28411 | |
| , the purchaser may rollover amounts to another qualified tuition | 28412 |
| program under section 529 of the Internal Revenue Code or | 28413 |
| terminate the contract for any reason by filing written notice | 28414 |
| with the Ohio tuition trust authority. | 28415 |
| (1)
| 28416 |
| 28417 | |
| under eighteen years of age, the authority shall use actuarially | 28418 |
| sound principles to determine the
amount of
the refund | 28419 |
| 28420 | |
| 28421 | |
| 28422 | |
| 28423 | |
| 28424 | |
| 28425 | |
| 28426 | |
| 28427 |
| (2)
| 28428 |
| the contract is terminated because of the death or permanent | 28429 |
| disability of the beneficiary, the amount of the refund shall be | 28430 |
| equal to the greater of the following: | 28431 |
| (a) One per cent of the weighted average tuition in the | 28432 |
| academic year the refund is paid, multiplied by the number of | 28433 |
|
tuition
| 28434 |
| (b) The total purchase price of all tuition
| 28435 |
| purchased for the beneficiary and not used. | 28436 |
| (3) | 28437 |
| 28438 | |
| 28439 |
| | 28440 |
| | 28441 |
| 28442 | |
| 28443 | |
| 28444 | |
| 28445 | |
| part of the amount accrued under the contract is liquidated for a | 28446 |
| rollover to another qualified tuition program under section 529 of | 28447 |
| the Internal Revenue Code, the rollover amount shall be determined | 28448 |
| in an actuarially sound manner. | 28449 |
| | 28450 |
|
contributor of a variable college
savings program
account may
| 28451 |
| 28452 | |
| program under section 529 of the Internal Revenue Code or | 28453 |
| terminate the
| 28454 |
| 28455 | |
| 28456 | |
| 28457 | |
| 28458 |
| | 28459 |
| 28460 | |
| 28461 | |
| authority. | 28462 |
| | 28463 |
|
may
receive | 28464 |
| 28465 | |
| 28466 | |
| 28467 | |
| 28468 | |
| 28469 |
| | 28470 |
| 28471 | |
| 28472 | |
| 28473 | |
| 28474 | |
| 28475 | |
| 28476 |
| | 28477 |
| 28478 | |
| 28479 | |
| 28480 |
| | 28481 |
| refund of
tuition
| 28482 |
| 28483 | |
| request with the authority. The refund shall be paid to the entity | 28484 |
| that established the scholarship program or, with that entity's | 28485 |
| approval, to the authority if this is authorized by federal tax | 28486 |
| law. The amount of any refund shall be determined by the authority | 28487 |
| and shall meet the requirements for refunds made on account of | 28488 |
| scholarships under section 529 of the Internal Revenue Code. | 28489 |
| | 28490 |
| 28491 | |
| 28492 | |
| 28493 | |
| 28494 | |
| 28495 | |
| 28496 | |
| 28497 | |
| 28498 | |
| 28499 | |
| 28500 | |
| 28501 | |
| 28502 | |
| 28503 | |
| 28504 | |
| 28505 | |
| 28506 |
| | 28507 |
| 28508 | |
| 28509 | |
| 28510 | |
| 28511 | |
| 28512 | |
| 28513 | |
| 28514 | |
| 28515 | |
| 28516 | |
| 28517 | |
| 28518 | |
| 28519 | |
| 28520 |
| | 28521 |
| each variable college savings contract entered into pursuant to | 28522 |
| division (A) of section 3334.18 of the Revised Code for | 28523 |
| contributions made on behalf of a beneficiary, showing the name of | 28524 |
| the beneficiary of that contract and the amount of contributions | 28525 |
| made pursuant to that contract. Upon request of any beneficiary or | 28526 |
| contributor, the authority shall provide a statement indicating, | 28527 |
| in the case of a beneficiary, the amount of contributions made | 28528 |
| pursuant to that contract on behalf of the beneficiary, or, in the | 28529 |
| case of a contributor, contributions made, disbursed, or refunded | 28530 |
| pursuant to that contract. | 28531 |
| Sec. 3334.11. (A) The assets of the Ohio tuition trust | 28532 |
| authority reserved for payment of the obligations of the authority | 28533 |
| pursuant to tuition payment contracts shall be placed in a fund, | 28534 |
| which is hereby created and shall be known as the Ohio tuition | 28535 |
| trust fund. The fund shall be in the custody of the treasurer of | 28536 |
| state, but shall not be part of the state treasury. That portion | 28537 |
| of payments received by the authority or the treasurer of state | 28538 |
| from persons purchasing tuition | 28539 |
| payment contracts that the authority determines is actuarially | 28540 |
| necessary for the payment of obligations of the authority pursuant | 28541 |
| to tuition payment contracts, all interest and investment income | 28542 |
| earned by the fund, and all other receipts of the authority from | 28543 |
| any other source that the authority determines appropriate, shall | 28544 |
| be deposited in the fund. No purchaser or beneficiary of tuition | 28545 |
| 28546 | |
| institution of higher education. All investment fees and other | 28547 |
| costs incurred in connection with the exercise of the investment | 28548 |
| powers of the authority pursuant to divisions (D) and (E) of this | 28549 |
| section shall be paid from the assets of the fund. | 28550 |
| (B) Unless otherwise provided by the authority, the assets of | 28551 |
| the Ohio tuition trust fund shall be expended in the following | 28552 |
| order: | 28553 |
| (1) To make payments to beneficiaries, or institutions of | 28554 |
| higher education on behalf of beneficiaries, under division (B) of | 28555 |
| section 3334.09 of the Revised Code; | 28556 |
| (2) To make refunds as provided in divisions | 28557 |
| 28558 |
| (3) To pay the investment fees and other costs of | 28559 |
| administering the fund. | 28560 |
| (C)(1) Except as may be provided in an agreement under | 28561 |
| division (A)(19) of section 3334.08 of the Revised Code, all | 28562 |
| disbursements from the Ohio tuition trust fund shall be made by | 28563 |
| the treasurer of state on order of a designee of the authority. | 28564 |
| (2) The treasurer of state shall deposit any portion of the | 28565 |
| Ohio tuition trust fund not needed for immediate use in the same | 28566 |
| manner as state funds are deposited. | 28567 |
| (D) The authority is the trustee of the Ohio tuition trust | 28568 |
| fund. The authority shall have full power to invest the assets of | 28569 |
| the fund and in exercising this power shall be subject to the | 28570 |
| limitations and requirements contained in divisions (K) to (M) of | 28571 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 28572 |
| The evidences of title of all investments shall be delivered to | 28573 |
| the treasurer of state or to a qualified trustee designated by the | 28574 |
| treasurer of state as provided in section 135.18 of the Revised | 28575 |
| Code. Assets of the fund shall be administered by the authority in | 28576 |
| a manner designed to be actuarially sound so that the assets of | 28577 |
| the fund will be sufficient to satisfy the obligations of the | 28578 |
| authority pursuant to tuition payment contracts and defray the | 28579 |
| reasonable expenses of administering the fund. | 28580 |
| (E) The public employees retirement board shall, with the | 28581 |
| approval of the authority, exercise the investment powers of the | 28582 |
| authority as set forth in division (D) of this section until the | 28583 |
| authority determines that assumption and exercise by the authority | 28584 |
| of the investment powers is financially and administratively | 28585 |
| feasible. The investment powers shall be exercised by the public | 28586 |
| employees retirement board in a manner agreed upon by the | 28587 |
| authority that maximizes the return on investment and minimizes | 28588 |
| the administrative expenses. | 28589 |
| (F)(1) The authority shall maintain a separate account for | 28590 |
| each tuition payment contract entered into pursuant to division | 28591 |
| (A) of section 3334.09 of the Revised Code for the purchase of | 28592 |
|
tuition | 28593 |
| showing the beneficiary or beneficiaries of that contract and the | 28594 |
|
number of tuition | 28595 |
| contract. Upon request of any beneficiary or person who has | 28596 |
| entered into a tuition payment contract, the authority shall | 28597 |
| provide a statement indicating, in the case of a beneficiary, the | 28598 |
| number of tuition
| 28599 |
| beneficiary, or in the case of a person who has entered into a | 28600 |
| tuition payment contract, the
number of tuition | 28601 |
| purchased, used, or refunded pursuant to that contract. A | 28602 |
| beneficiary and person that have entered into a tuition payment | 28603 |
| contract each may file only one request under this division in any | 28604 |
| year. | 28605 |
| (2) The authority shall maintain an account for each | 28606 |
|
scholarship program showing the number of tuition | 28607 |
| that have been purchased for or donated to the program and the | 28608 |
| number
of tuition | 28609 |
| request of the entity that established the scholarship program, | 28610 |
| the authority shall provide a statement indicating these numbers. | 28611 |
| (G) In addition to the Ohio tuition trust fund, there is | 28612 |
| hereby established a reserve fund that shall be in the custody of | 28613 |
| the treasurer of state but shall not be part of the state | 28614 |
| treasury, and shall be known as the Ohio tuition trust reserve | 28615 |
| fund, and an operating fund that shall be part of the state | 28616 |
| treasury, and shall be known as the Ohio tuition trust operating | 28617 |
| fund. That portion of payments received by the authority or the | 28618 |
|
treasurer of state from persons purchasing tuition | 28619 |
| under tuition payment contracts that the authority determines is | 28620 |
| not actuarially necessary for the payment of obligations of the | 28621 |
| authority pursuant to tuition payment contracts, any interest and | 28622 |
| investment income earned by the reserve fund, any administrative | 28623 |
| charges and fees imposed by the authority on transactions under | 28624 |
|
this chapter or on purchasers or beneficiaries of tuition
| 28625 |
| units, and all other receipts from any other source that the | 28626 |
| authority determines appropriate, shall be deposited in the | 28627 |
| reserve fund to pay the operating expenses of the authority and | 28628 |
| the costs of administering the program. The assets of the reserve | 28629 |
| fund may be invested in the same manner and subject to the same | 28630 |
| limitations set forth in divisions (D), (E), and (K) to (M) of | 28631 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 28632 |
| All investment fees and other costs incurred in connection with | 28633 |
| the exercise of the investment powers shall be paid from the | 28634 |
| assets of the reserve fund. Except as otherwise provided for in | 28635 |
| this chapter, all operating expenses of the authority and costs of | 28636 |
| administering the program shall be paid from the operating fund. | 28637 |
| The treasurer shall, upon request of the authority, transfer funds | 28638 |
| from the reserve fund to the operating fund as the authority | 28639 |
| determines appropriate to pay those current operating expenses of | 28640 |
| the authority and costs of administering the program as the | 28641 |
| authority designates. Any interest or investment income earned on | 28642 |
| the assets of the operating fund shall be deposited in the | 28643 |
| operating fund. | 28644 |
| (H) In January of each year the authority shall report to | 28645 |
| each person who received any payments or refunds from the | 28646 |
| authority during the preceding year information relative to the | 28647 |
| value of the payments or refunds to assist in determining that | 28648 |
| person's tax liability. | 28649 |
| (I) The authority shall report to the tax commissioner any | 28650 |
| information, and at the times, as the tax commissioner requires to | 28651 |
| determine any tax liability that a person may have incurred during | 28652 |
| the preceding year as a result of having received any payments or | 28653 |
| refunds from the authority. | 28654 |
| (J) All records of the authority indicating the identity of | 28655 |
| purchasers and beneficiaries of tuition | 28656 |
|
savings bonds, the number of tuition | 28657 |
| used, or refunded under a tuition payment contract, and the number | 28658 |
| of college savings bonds purchased, held, or redeemed are not | 28659 |
| public records within the meaning of section 149.43 of the Revised | 28660 |
| Code. | 28661 |
| (K) The authority and other fiduciaries shall discharge their | 28662 |
| duties with respect to the funds with care, skill, prudence, and | 28663 |
| diligence under the circumstances then prevailing that a prudent | 28664 |
| person acting in a like capacity and familiar with such matters | 28665 |
| would use in the conduct of an enterprise of a like character and | 28666 |
| with like aims; and by diversifying the investments of the assets | 28667 |
| of the funds so as to minimize the risk of large losses, unless | 28668 |
| under the circumstances it is clearly prudent not to do so. | 28669 |
| To facilitate investment of the funds, the authority may | 28670 |
| establish a partnership, trust, limited liability company, | 28671 |
| corporation, including a corporation exempt from taxation under | 28672 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 28673 |
| amended, or any other legal entity authorized to transact business | 28674 |
| in this state. | 28675 |
| (L) In exercising its fiduciary responsibility with respect | 28676 |
| to the investment of the assets of the funds, it shall be the | 28677 |
| intent of the authority to give consideration to investments that | 28678 |
| enhance the general welfare of the state and its citizens where | 28679 |
| the investments offer quality, return, and safety comparable to | 28680 |
| other investments currently available to the authority. In | 28681 |
| fulfilling this intent, equal consideration shall also be given to | 28682 |
| investments otherwise qualifying under this section that involve | 28683 |
| minority owned and controlled firms and firms owned and controlled | 28684 |
| by women, either alone or in joint venture with other firms. | 28685 |
| The authority shall adopt, in regular meeting, policies, | 28686 |
| objectives, or criteria for the operation of the investment | 28687 |
| program that include asset allocation targets and ranges, risk | 28688 |
| factors, asset class benchmarks, time horizons, total return | 28689 |
| objectives, and performance evaluation guidelines. In adopting | 28690 |
| policies and criteria for the selection of agents with whom the | 28691 |
| authority may contract for the administration of the assets of the | 28692 |
| funds, the authority shall give equal consideration to minority | 28693 |
| owned and controlled firms, firms owned and controlled by women, | 28694 |
| and ventures involving minority owned and controlled firms and | 28695 |
| firms owned and controlled by women that otherwise meet the | 28696 |
| policies and criteria established by the authority. Amendments and | 28697 |
| additions to the policies and criteria shall be adopted in regular | 28698 |
| meeting. The authority shall publish its policies, objectives, and | 28699 |
| criteria under this provision no less often than annually and | 28700 |
| shall make copies available to interested parties. | 28701 |
| When reporting on the performance of investments, the | 28702 |
| authority shall comply with the performance presentation standards | 28703 |
| established by the association for investment management and | 28704 |
| research. | 28705 |
| (M) All investments shall be purchased at current market | 28706 |
| prices and the evidences of title of the investments shall be | 28707 |
| placed in the hands of the treasurer of state, who is hereby | 28708 |
| designated as custodian thereof, or in the hands of the treasurer | 28709 |
| of state's authorized agent. The treasurer of state or the agent | 28710 |
| shall collect the principal, dividends, distributions, and | 28711 |
| interest thereon as they become due and payable and place them | 28712 |
| when so collected into the custodial funds. | 28713 |
| The treasurer of state shall pay for investments purchased by | 28714 |
| the authority on receipt of written or electronic instructions | 28715 |
| from the authority or the authority's designated agent authorizing | 28716 |
| the purchase and pending receipt of the evidence of title of the | 28717 |
| investment by the treasurer of state or the treasurer of state's | 28718 |
| authorized agent. The authority may sell investments held by the | 28719 |
| authority, and the treasurer of state or the treasurer of state's | 28720 |
| authorized agent shall accept payment from the purchaser and | 28721 |
| deliver evidence of title of the investment to the purchaser on | 28722 |
| receipt of written or electronic instructions from the authority | 28723 |
| or the authority's designated agent authorizing the sale, and | 28724 |
| pending receipt of the moneys for the investments. The amount | 28725 |
| received shall be placed in the custodial funds. The authority and | 28726 |
| the treasurer of state may enter into agreements to establish | 28727 |
| procedures for the purchase and sale of investments under this | 28728 |
| division and the custody of the investments. | 28729 |
| No purchase or sale of any investment shall be made under | 28730 |
| this section except as authorized by the authority. | 28731 |
| Any statement of financial position distributed by the | 28732 |
| authority shall include fair value, as of the statement date, of | 28733 |
| all investments held by the authority under this section. | 28734 |
| Sec. 3334.12. Notwithstanding anything to the contrary in | 28735 |
| sections 3334.07 and 3334.09 of the Revised Code: | 28736 |
| (A) Annually, the Ohio tuition trust authority shall have the | 28737 |
| actuarial soundness of the Ohio tuition trust fund evaluated by a | 28738 |
| nationally recognized actuary and shall determine whether | 28739 |
| additional assets are necessary to defray the obligations of the | 28740 |
| authority. If, after the authority sets the price for tuition | 28741 |
| 28742 | |
| determines necessitate an additional evaluation of the actuarial | 28743 |
| soundness of the fund, the executive director shall have a | 28744 |
| nationally recognized actuary conduct the necessary evaluation. If | 28745 |
| the assets of the fund are insufficient to ensure the actuarial | 28746 |
| soundness of the fund, the authority shall adjust the price of | 28747 |
|
subsequent purchases of tuition
| 28748 |
| necessary to help restore the actuarial soundness of the fund. If, | 28749 |
| at any time, the adjustment is likely, in the opinion of the | 28750 |
|
authority, to diminish the marketability of tuition | 28751 |
| to an
extent that the continued sale of the | 28752 |
| would not restore the actuarial soundness of the fund and external | 28753 |
| economic factors continue to negatively impact the soundness of | 28754 |
| the program, the authority may suspend sales, either permanently | 28755 |
| or temporarily, of tuition | 28756 |
| the authority shall continue to service existing college savings | 28757 |
| program accounts. | 28758 |
| (B) Upon termination of the program or liquidation of the | 28759 |
| Ohio tuition trust fund, the Ohio tuition trust reserve fund, and | 28760 |
| the Ohio tuition trust operating fund, any remaining assets of the | 28761 |
| funds after all obligations of the funds have been satisfied | 28762 |
| pursuant to division (B) of section 3334.11 of the Revised Code | 28763 |
| shall be transferred to the general revenue fund of the state. | 28764 |
| (C) The authority shall prepare and cause to have audited an | 28765 |
| annual financial report on all financial activity of the Ohio | 28766 |
| tuition trust authority within ninety days of the end of the | 28767 |
| fiscal year. The authority shall transmit a copy of the audited | 28768 |
| financial report to the governor, the president of the senate, the | 28769 |
| speaker of the house of representatives, and the minority leaders | 28770 |
| of the senate and the house of representatives. Copies of the | 28771 |
| audited financial report also shall be made available, upon | 28772 |
| request, to the persons entering into contracts with the authority | 28773 |
| and to prospective
purchasers of
tuition | 28774 |
| prospective contributors to variable college savings program | 28775 |
| accounts. | 28776 |
| Sec. 3334.15. (A) The right of a person to a tuition
| 28777 |
| unit or a payment under section 3334.09 of the Revised Code | 28778 |
|
pursuant to a
tuition | 28779 |
| program, or a variable college savings program account shall not | 28780 |
| be subject to execution, garnishment, attachment, the operation of | 28781 |
| bankruptcy or the insolvency laws, or other process of law. | 28782 |
| (B) The right of a person to a tuition
| 28783 |
| payment under section 3334.09 of the Revised Code pursuant to a | 28784 |
|
tuition | 28785 |
| variable college savings program account shall not be used as | 28786 |
| security or collateral for a loan. | 28787 |
| Sec. 3334.16. The general assembly hereby finds that the | 28788 |
| prepaid tuition program providing for the sale of tuition credits | 28789 |
| units by the Ohio tuition trust authority is an official state | 28790 |
| function, offered through an agency of this state, which agency | 28791 |
| receives state appropriations. Therefore, the authority is | 28792 |
| directed by the state of Ohio to assume it is exempt from federal | 28793 |
| tax liability. | 28794 |
| Sec. 3334.17. (A) The state, any political subdivision of | 28795 |
| the state, and any organization that is exempt from federal income | 28796 |
| taxation under section 501 (a) and described in section 501 (c)(3) | 28797 |
| of the Internal Revenue Code, including the Ohio tuition trust | 28798 |
| authority if this is authorized under federal tax law, may | 28799 |
| establish a scholarship program to award scholarships consisting | 28800 |
| of contributions made to any college savings program for students. | 28801 |
| Any scholarship program established under this section shall be | 28802 |
| registered with the authority. The authority shall be notified of | 28803 |
| the name and address of each scholarship beneficiary under the | 28804 |
| program, the amounts awarded, and the institution of higher | 28805 |
| education in which the beneficiary is enrolled. Scholarship | 28806 |
| beneficiaries shall be selected by the entity establishing the | 28807 |
| scholarship program, in accordance with criteria established by | 28808 |
| the entity. | 28809 |
| (B) Any person or governmental entity may purchase tuition | 28810 |
| 28811 | |
| be established in accordance with division (A) of this section at | 28812 |
|
the same price as is
established for the purchase of
| 28813 |
|
for named beneficiaries
pursuant to this chapter. Tuition
| 28814 |
| units shall have the same value to the beneficiary of a | 28815 |
| scholarship awarded pursuant to this section as they would have to | 28816 |
| any other beneficiary pursuant to division (B) of section 3334.09 | 28817 |
| of the Revised Code. | 28818 |
| (C) The entity establishing and maintaining a scholarship | 28819 |
| program shall specify whether a scholarship beneficiary may | 28820 |
| receive a refund or payment for the amount awarded under the | 28821 |
| scholarship program directly from the authority, or whether the | 28822 |
| amount awarded shall be paid by the authority only to the | 28823 |
| institution of higher education in which the student is enrolled. | 28824 |
| (D) If a scholarship beneficiary does not use the amount | 28825 |
| awarded within a length of time specified under the scholarship | 28826 |
| program, the amount may be awarded to another beneficiary. | 28827 |
| Sec. 3334.18. (A) A variable college savings program | 28828 |
| established by the Ohio tuition trust authority shall include | 28829 |
| provisions for a contract to be entered into between a contributor | 28830 |
| and the authority that will authorize the contributor to open an | 28831 |
| account for a beneficiary and authorize the contributor to | 28832 |
| substitute a new beneficiary for one originally named in the | 28833 |
| contract, to the extent permitted by section 529 of the Internal | 28834 |
| Revenue Code. | 28835 |
| (B) The authority shall provide adequate safeguards to | 28836 |
| prevent total contributions to a variable college savings program | 28837 |
|
account or purchases
of tuition
| 28838 |
| or combined, that are made on behalf of a beneficiary from | 28839 |
| exceeding the amount necessary to provide for the tuition and | 28840 |
| other higher education expenses of the beneficiary, consistent | 28841 |
| with the maximum contributions permitted by section 529 of the | 28842 |
| Internal Revenue Code. However, in no event shall contributions or | 28843 |
| purchases exceed the
allowable limit for a qualified | 28844 |
| program under section 529 of the Internal Revenue Code. | 28845 |
| (C)(1) Participation in the variable college savings program | 28846 |
| does not guarantee that contributions and the investment return on | 28847 |
| contributions, if any, will be adequate to cover future tuition | 28848 |
| and other higher education expenses or that a beneficiary will be | 28849 |
| admitted to or permitted to continue to attend an institution of | 28850 |
| higher education. | 28851 |
| (2) Returns on contributors' investments in the variable | 28852 |
| college savings program are not guaranteed by the state and the | 28853 |
| contributors to the variable college savings program assume all | 28854 |
| investment risk, including the potential loss of principal and | 28855 |
| liability for penalties such as those levied for noneducational | 28856 |
| withdrawals. | 28857 |
| (3) The state shall have no debt or obligation to any | 28858 |
| contributor, beneficiary, or any other person as a result of the | 28859 |
| establishment of the program, and the state assumes no risk or | 28860 |
| liability for funds invested in the variable college savings | 28861 |
| program. | 28862 |
| (4) Informational materials about the variable college | 28863 |
| savings program prepared by the authority or its agents and | 28864 |
| provided to prospective contributors shall state clearly the | 28865 |
| information set forth in division (C) of this section. | 28866 |
| Sec. 3345.32. (A) As used in this section: | 28867 |
| (1) "State university or college" means the institutions | 28868 |
| described in section 3345.27 of the Revised Code, the northeastern | 28869 |
| Ohio universities college of medicine, and the medical college of | 28870 |
| Ohio at Toledo. | 28871 |
| (2) "Resident" has the meaning specified by rule of the Ohio | 28872 |
| board of regents. | 28873 |
| (3) "Statement of selective service status" means a statement | 28874 |
| certifying one of the following: | 28875 |
| (a) That the individual filing the statement has registered | 28876 |
| with the selective service system in accordance with the "Military | 28877 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 28878 |
| amended; | 28879 |
| (b) That the individual filing the statement is not required | 28880 |
| to register with the selective service for one of the following | 28881 |
| reasons: | 28882 |
| (i) The individual is under eighteen or over twenty-six years | 28883 |
| of age; | 28884 |
| (ii) The individual is on active duty with the armed forces | 28885 |
| of the United States other than for training in a reserve or | 28886 |
| national guard unit; | 28887 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 28888 |
| United States in accordance with section 101 (a)(15) of the | 28889 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended; | 28890 |
| (iv) The individual is not a citizen of the United States and | 28891 |
| is a permanent resident of the Trust Territory of the Pacific | 28892 |
| Islands or the Northern Mariana Islands. | 28893 |
| (4) "Institution of higher education" means any eligible | 28894 |
| institution approved by the United States department of education | 28895 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 28896 |
| amended, or any institution whose students are eligible for | 28897 |
| financial assistance under any of the programs described by | 28898 |
| division (E) of this section. | 28899 |
| (B) The Ohio board of regents shall, by rule, specify the | 28900 |
| form of statements of selective service status to be filed in | 28901 |
| compliance with divisions (C) to (F) of this section. Each | 28902 |
| statement of selective service status shall contain a section | 28903 |
| wherein a male student born after December 31, 1959, certifies | 28904 |
| that the student has registered with the selective service system | 28905 |
| in accordance with the "Military Selective Service Act," 62 Stat. | 28906 |
| 604, 50 U.S.C. App. 453, as amended. For those students not | 28907 |
| required to register with the selective service, as specified in | 28908 |
| divisions (A)(2)(b)(i) to (iv) of this section, a section shall be | 28909 |
| provided on the statement of selective service status for the | 28910 |
| certification of nonregistration and for an explanation of the | 28911 |
| reason for the exemption. The board of regents may require that | 28912 |
| such statements be accompanied by documentation specified by rule | 28913 |
| of the board. | 28914 |
| (C) A state university or college that enrolls in any course, | 28915 |
| class, or program a male student born after December 31, 1959, who | 28916 |
| has not filed a statement of selective service status with the | 28917 |
| university or college shall, regardless of the student's | 28918 |
| residency, charge the student any tuition surcharge charged | 28919 |
| students who are not residents of this state. | 28920 |
| (D) No male born after December 31, 1959, shall be eligible | 28921 |
| to receive any loan, grant, scholarship, or other financial | 28922 |
| assistance for educational expenses under section 3315.33, | 28923 |
| 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, | 28924 |
| 5910.032, or 5919.34 of the Revised Code unless that person has | 28925 |
| filed a statement of selective service status with that person's | 28926 |
| institution of higher education. | 28927 |
| (E) If an institution of higher education receives a | 28928 |
| statement from an individual certifying that the individual has | 28929 |
| registered with the selective service system in accordance with | 28930 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 28931 |
| 453, as amended or that the individual is exempt from registration | 28932 |
| for a reason other than that the individual is under eighteen | 28933 |
| years of age, the institution shall not require the individual to | 28934 |
| file any further statements. If it receives a statement certifying | 28935 |
| that the individual is not required to register because the | 28936 |
| individual is under eighteen years of age, the institution shall | 28937 |
| require the individual to file a new statement of selective | 28938 |
| service status each time the individual seeks to enroll for a new | 28939 |
| academic term or makes application for a new loan or loan | 28940 |
| guarantee or for any form of financial assistance for educational | 28941 |
| expenses, until it receives a statement certifying that the | 28942 |
| individual has registered with the selective service system or is | 28943 |
| exempt from registration for a reason other than that the | 28944 |
| individual is under eighteen years of age. | 28945 |
| Sec. 3353.01. As used in | 28946 |
| 28947 |
| (A) "Educational television or radio" means television or | 28948 |
| radio programs which serve the educational needs of the community | 28949 |
| and which meet the requirements of the federal communications | 28950 |
| commission for noncommercial educational television or radio. | 28951 |
| (B) | 28952 |
| 28953 | |
| 28954 | |
| 28955 | |
| 28956 | |
| 28957 |
| | 28958 |
| radio, or radio reading service programs, either directly to the | 28959 |
| public, or to broadcasting stations or services for simultaneous | 28960 |
| broadcast or rebroadcast. | 28961 |
| | 28962 |
| 28963 | |
| 28964 |
| | 28965 |
| 28966 | |
| 28967 | |
| 28968 |
| | 28969 |
| noncommercial educational television or radio station, | 28970 |
| appropriately staffed and equipped to produce programs or lessons | 28971 |
| and to broadcast programs. | 28972 |
| | 28973 |
| 28974 | |
| 28975 | |
| 28976 | |
| 28977 |
| | 28978 |
| that disseminates news and other information to blind and | 28979 |
| physically handicapped persons. | 28980 |
| Sec. 3353.06. (A) The affiliates services fund is hereby | 28981 |
| created in the state treasury. The agency designated by the | 28982 |
| governor to assume the functions of the Ohio educational | 28983 |
| telecommunications network commission shall deposit any money it | 28984 |
| receives to the credit of the fund, including: | 28985 |
| (1) Reimbursements for services provided to stations; | 28986 |
| (2) Charges levied for maintenance of telecommunications, | 28987 |
| broadcasting, or transmission equipment; | 28988 |
| (3) Contract or grant payments. | 28989 |
| (B) The | 28990 |
| affiliates
services fund for any | 28991 |
| purposes, including: | 28992 |
| (1) The purchase, repair, or maintenance of | 28993 |
| telecommunications, broadcasting, or transmission equipment; | 28994 |
| (2) The purchase or lease of educational programming; | 28995 |
| (3) The purchase of tape and maintenance of a media library; | 28996 |
| (4) Professional development programs and services; | 28997 |
| (5) Administrative expenses and legal fees. | 28998 |
| Sec. 3353.07.
(A) | 28999 |
| 29000 | |
| 29001 |
| | 29002 |
| through the agency designated by the governor to assume the | 29003 |
| functions of the Ohio educational telecommunications network | 29004 |
| commission and shall be managed by a broadcasting station under a | 29005 |
| contract. The contract shall not take effect until the program | 29006 |
| committee of Ohio government telecommunications approves the | 29007 |
| contract. The broadcasting station shall manage the staff of Ohio | 29008 |
| government telecommunications. | 29009 |
| | 29010 |
| Ohio government telecommunications that shall consist of the | 29011 |
| president of the senate, speaker of the house of representatives, | 29012 |
| minority leader of the senate, and minority leader of the house of | 29013 |
| representatives, or their designees. By a vote of a majority of | 29014 |
| its members, the program committee may add additional members to | 29015 |
| the committee. | 29016 |
| (2) The program committee shall adopt rules that govern the | 29017 |
| operation of Ohio government telecommunications and the coverage | 29018 |
| and distribution of official governmental activities by Ohio | 29019 |
| government telecommunications. | 29020 |
| Sec. 3365.01. As used in | 29021 |
| 29022 |
| (A) "College" means any state-assisted college or university | 29023 |
| described in section 3333.041 of the Revised Code, any nonprofit | 29024 |
| institution holding a certificate of authorization pursuant to | 29025 |
| Chapter 1713. of the Revised Code, any private institution exempt | 29026 |
| from regulation under Chapter 3332. of the Revised Code as | 29027 |
| prescribed in section 3333.046 of the Revised Code, and any | 29028 |
| institution holding a certificate of registration from the state | 29029 |
| board of career colleges and schools and program authorization for | 29030 |
| an associate or bachelor's degree program issued under section | 29031 |
| 3332.05 of the Revised Code. | 29032 |
| (B) "School district," except as specified in division (G) of | 29033 |
| this section, means any school district to which a student is | 29034 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 29035 |
| the Revised Code and does not include a joint vocational or | 29036 |
| cooperative education school district. | 29037 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 29038 |
| the Revised Code. | 29039 |
| (D) "Participant" means a student enrolled in a college under | 29040 |
| the post-secondary enrollment options program established by this | 29041 |
| chapter. | 29042 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 29043 |
| (F) "School foundation payments" means the amount required to | 29044 |
| be paid to a school district for a fiscal year under Chapter 3317. | 29045 |
| of the Revised Code. | 29046 |
| (G) "Tuition base" means, with respect to a participant's | 29047 |
| school district, the following: | 29048 |
| (1) In fiscal year 2006, the "tuition base" shall be the | 29049 |
| formula amount defined in
| 29050 |
| Revised Code multiplied by the district's cost-of-doing-business | 29051 |
| factor defined in | 29052 |
| 29053 |
| (2) In fiscal year 2007 and thereafter, the tuition base | 29054 |
| shall be the greater of the following: | 29055 |
| (a) The fiscal year 2006 formula amount defined in section | 29056 |
| 3317.02 of the Revised Code multiplied by the district's fiscal | 29057 |
| year 2006 cost-of-doing-business factor as defined in that | 29058 |
| section; | 29059 |
| (b) The sum of the current formula amount defined in section | 29060 |
| 3317.02 of the Revised Code plus the per pupil amount of the base | 29061 |
| funding supplements specified in divisions (B)(1) to (4) of | 29062 |
| section 3317.012 of the Revised Code. | 29063 |
| The participant's "school district" in the case of a | 29064 |
| participant enrolled in a community school shall be the school | 29065 |
| district in which the student is entitled to attend school under | 29066 |
| section 3313.64 or 3313.65 of the Revised Code. | 29067 |
| (H) "Educational program" means enrollment in one or more | 29068 |
| school districts, in a nonpublic school, or in a college under | 29069 |
| division (B) of section 3365.04 of the Revised Code. | 29070 |
| (I) "Nonpublic school" means a chartered or nonchartered | 29071 |
| school for which minimum standards are prescribed by the state | 29072 |
| board of education pursuant to division (D) of section 3301.07 of | 29073 |
| the Revised Code. | 29074 |
| (J) "School year" means the year beginning on the first day | 29075 |
| of July and ending on the thirtieth day of June. | 29076 |
| (K) "Community school" means any school established pursuant | 29077 |
| to Chapter 3314. of the Revised Code that includes secondary | 29078 |
| grades. | 29079 |
| (L) "Community school payments" means payments made by the | 29080 |
| department of education to a community school pursuant to division | 29081 |
| (D) of section 3314.08 of the Revised Code. | 29082 |
| Sec. 3365.02. There is hereby established the post-secondary | 29083 |
| enrollment options program under which a secondary grade student | 29084 |
| who is a resident of this state may enroll at a college, on a | 29085 |
| full- or part-time basis, and complete nonsectarian courses for | 29086 |
| high school and college credit. The purpose of the program is to | 29087 |
| provide enriched education opportunities to secondary grade | 29088 |
| students that are beyond the opportunities offered by the high | 29089 |
| school in which they are enrolled. | 29090 |
| Secondary grade students in a nonpublic school may | 29091 |
| participate in the post-secondary enrollment options program if | 29092 |
| the chief administrator of such school notifies the department of | 29093 |
| education by the first day of April prior to the school year in | 29094 |
| which the school's students will participate. Students in | 29095 |
| nonchartered nonpublic schools may participate only in the option | 29096 |
| prescribed in division (A) of section 3365.04 of the Revised Code. | 29097 |
| The state board of education, after consulting with the board | 29098 |
| of regents, shall adopt rules governing the program. The rules | 29099 |
| shall include: | 29100 |
| (A) Requirements for school districts, community schools, or | 29101 |
| participating nonpublic schools to provide information about the | 29102 |
| program prior to the first day of March of each year to all | 29103 |
| students enrolled in grades eight through eleven; | 29104 |
| (B) A requirement that a student or the student's parent | 29105 |
| inform the district board of education, the governing authority of | 29106 |
| a community school, or the nonpublic school administrator by the | 29107 |
| thirtieth day of March of the student's intent to participate in | 29108 |
| the program during the following school year. The rule shall | 29109 |
| provide that any student who fails to notify a district board, the | 29110 |
| governing authority of a community school, or the nonpublic school | 29111 |
| administrator by the required date may not participate in the | 29112 |
| program during the following school year without the written | 29113 |
| consent of the district superintendent, the governing authority of | 29114 |
| a community school, or the nonpublic school administrator. | 29115 |
| (C) Requirements that school districts and community schools | 29116 |
| provide counseling services to students in grades eight through | 29117 |
| eleven and to their parents before the students participate in the | 29118 |
| program under this chapter to ensure that students and parents are | 29119 |
| fully aware of the possible risks and consequences of | 29120 |
| participation. Counseling information shall include without | 29121 |
| limitation: | 29122 |
| (1) Program eligibility; | 29123 |
| (2) The process for granting academic credits; | 29124 |
| (3) Financial arrangements for tuition, books, materials, and | 29125 |
| fees; | 29126 |
| (4) Criteria for any transportation aid; | 29127 |
| (5) Available support services; | 29128 |
| (6) Scheduling; | 29129 |
| (7) The consequences of failing or not completing a course in | 29130 |
| which the student enrolls and the effect of the grade attained in | 29131 |
| the course being included in the student's grade point average, if | 29132 |
| applicable; | 29133 |
| (8) The effect of program participation on the student's | 29134 |
| ability to complete the district's, community school's, or | 29135 |
| nonpublic school's graduation requirements; | 29136 |
| (9) The academic and social responsibilities of students and | 29137 |
| parents under the program; | 29138 |
| (10) Information about and encouragement to use the | 29139 |
| counseling services of the college in which the student intends to | 29140 |
| enroll. | 29141 |
| (D) A requirement that the student and the student's parent | 29142 |
| sign a form, provided by the school district or school, stating | 29143 |
| that they have received the counseling required by division (C) of | 29144 |
| this section and that they understand the responsibilities they | 29145 |
| must assume in the program; | 29146 |
| (E) The options required by section 3365.04 of the Revised | 29147 |
| Code; | 29148 |
| (F) A requirement that a student may not enroll in any | 29149 |
| specific college course through the program if the student has | 29150 |
| taken high school courses in the same subject area as that college | 29151 |
| course and has failed to attain a cumulative grade point average | 29152 |
| of at least 3.0 on a 4.0 scale, or the equivalent, in such | 29153 |
| completed high school courses; | 29154 |
| (G) A provision prohibiting participation in the option | 29155 |
| prescribed under division (B) of section 3365.04 of the Revised | 29156 |
| Code to students enrolled in physical education college courses; | 29157 |
| (H) A requirement that a student or the student's parent will | 29158 |
| reimburse the state for the amount of state funds paid to a | 29159 |
| college for a course in which the student is enrolled under this | 29160 |
| chapter if the student does not attain a passing final grade in | 29161 |
| that course. | 29162 |
| Sec. 3365.021. The chief administrator of any nonpublic | 29163 |
| school notifying the department of education that students of the | 29164 |
| school will participate in the post-secondary enrollment options | 29165 |
| program shall provide counseling to students in grades eight | 29166 |
| through eleven and to their parents before the students | 29167 |
| participate in the program to ensure that students and parents are | 29168 |
| fully aware of the possible risks and consequences of | 29169 |
| participation. | 29170 |
| fact that funding may be limited | 29171 |
| wish to participate may be able to do so, and that participation | 29172 |
| by students enrolled in nonchartered nonpublic schools is limited | 29173 |
| to the option prescribed in division (A) of section 3365.04 of the | 29174 |
| Revised Code. | 29175 |
| Sec. 3365.04. The rules adopted under section 3365.02 of the | 29176 |
| Revised Code shall provide for students to enroll in courses under | 29177 |
| either of the following options: | 29178 |
| (A) The student may elect at the time of enrollment to | 29179 |
| receive only college credit for the course. The college shall | 29180 |
| notify the student about payment of tuition and fees in the | 29181 |
| customary manner followed by the college, and the student shall be | 29182 |
| responsible for payment of all tuition and the cost of all | 29183 |
| textbooks, materials, and fees associated with the course. If the | 29184 |
| student successfully completes the course, the college shall award | 29185 |
| the student full credit for the course, but the board of education | 29186 |
| or nonpublic participating school shall not award the high school | 29187 |
| credit. | 29188 |
| (B) The student may elect at the time of enrollment for each | 29189 |
| course to receive both college credit and high school credit. | 29190 |
| Except as provided in section 3365.041 of the Revised Code, if the | 29191 |
| student successfully completes the course, the college shall award | 29192 |
| the student full credit for the course, the board of education or | 29193 |
| 29194 | |
| the student high school credit, and the college shall be | 29195 |
| reimbursed in accordance with section 3365.07 of the Revised Code. | 29196 |
| No student may participate in the option prescribed under | 29197 |
| division (B) of section 3365.04 of the Revised Code if the college | 29198 |
| course in which the student is enrolled is a physical education | 29199 |
| course, as determined by the superintendent of public instruction. | 29200 |
| The option prescribed in division (B) of this section is not | 29201 |
| available to students enrolled in nonchartered nonpublic schools. | 29202 |
| When determining a school district's formula ADM under | 29203 |
| section 3317.03 of the Revised Code, the time a participant is | 29204 |
| attending courses under division (A) of this section shall be | 29205 |
| considered as time the participant is not attending or enrolled in | 29206 |
| school anywhere, and the time a participant is attending courses | 29207 |
| under division (B) of this section shall be considered as time the | 29208 |
| participant is attending or enrolled in the district's schools. | 29209 |
| Sec. 3365.07. (A) The rules adopted under section 3365.02 of | 29210 |
| the Revised Code shall specify a method for each of the following: | 29211 |
| (1) Determining, with respect to any participant, the | 29212 |
| percentage of a full-time educational program constituted by the | 29213 |
| participant's total educational program. That percentage shall be | 29214 |
| the participant's full-time equivalency percentage for purposes of | 29215 |
| the computation required by division (B)(1) of this section. | 29216 |
| (2) In the case of a participant who is not enrolled in a | 29217 |
| participating nonpublic school, determining the percentage of a | 29218 |
| participant's school day during which the participant is | 29219 |
| participating in each of the following: | 29220 |
| (a) Programs provided by the city, local, or exempted village | 29221 |
| school district, or a community school; | 29222 |
| (b) Programs provided by a joint vocational school district; | 29223 |
| (c) Programs provided by a college under division (B) of | 29224 |
| section 3365.04 of the Revised Code. | 29225 |
| The sum of divisions (A)(2)(a) to (c) of this section shall equal | 29226 |
| one hundred per cent. | 29227 |
| (3) In the case of a participant who is not enrolled in a | 29228 |
| participating nonpublic school, determining the percentage of a | 29229 |
| participant's enrollment that shall be deemed to be enrollment in | 29230 |
| a joint vocational school district and the percentage that shall | 29231 |
| be deemed to be enrollment in a city, local, or exempted village | 29232 |
| school district. The sum of such percentages shall equal one | 29233 |
| hundred per cent. | 29234 |
| (4) In the case of a participant who is enrolled in a | 29235 |
| participating nonpublic school, determining the percentage of a | 29236 |
| participant's school day during which the participant is | 29237 |
| participating in programs provided by a college under division (B) | 29238 |
| of section 3365.04 of the Revised Code. | 29239 |
| (B) Each July, the department of education shall pay each | 29240 |
| college for any participant enrolled in the college in the prior | 29241 |
| school year under division (B) of section 3365.04 of the Revised | 29242 |
| Code an amount computed as follows: | 29243 |
| (1) Multiply the tuition base by the participant's full-time | 29244 |
| equivalency percentage and multiply the resulting amount by a | 29245 |
| percentage equal to the percentage of the participant's school day | 29246 |
| apportioned to the college under division (A)(2)(c) or (4) of this | 29247 |
| section, as applicable. | 29248 |
| (2) Pay the college the lesser of: | 29249 |
| (a) The amount computed under division (B)(1) of this | 29250 |
| section; | 29251 |
| (b) The actual costs that would have been the responsibility | 29252 |
| of the participant had the participant elected to enroll under | 29253 |
| division (A) of section 3365.04 of the Revised Code, as verified | 29254 |
| by the department, of tuition, textbooks, materials, and fees | 29255 |
| directly related to any courses elected by the participant during | 29256 |
| the prior school year under division (B) of section 3365.04 of the | 29257 |
| Revised Code. | 29258 |
| (C) The department shall not reimburse any college for any | 29259 |
| course taken by a participant under division (A) of section | 29260 |
| 3365.04 of the Revised Code. | 29261 |
| (D) If the participant was not enrolled in a participating | 29262 |
| nonpublic school, the amount paid under division (B) of this | 29263 |
| section for each participant shall be subtracted from the school | 29264 |
| foundation payments made to the participant's school district or, | 29265 |
| if the participant was enrolled in a community school, from the | 29266 |
| community school payments made to the participant's school under | 29267 |
| section 3314.08 of the Revised Code. If the participant was | 29268 |
| enrolled in a joint vocational school district, a portion of the | 29269 |
| amount shall be subtracted from the payments to the joint | 29270 |
| vocational school district and a portion shall be subtracted from | 29271 |
| the payments to the participant's city, local, or exempted village | 29272 |
| school district. The amount of the payment subtracted from the | 29273 |
| city, local, or exempted village school district shall be computed | 29274 |
| as follows: | 29275 |
| (1) Add the following: | 29276 |
| (a) The percentage of the participant's enrollment in the | 29277 |
| school district, determined under division (A)(3) of this section; | 29278 |
| and | 29279 |
| (b) Twenty-five per cent times the percentage of the | 29280 |
| participant's enrollment in the joint vocational school district, | 29281 |
| determined under division (A)(3) of this section. | 29282 |
| (2) Multiply the sum obtained under division (D)(1) of this | 29283 |
| section by the amount computed under division (B)(2) of this | 29284 |
| section. | 29285 |
| The balance of the payment shall be subtracted from the joint | 29286 |
| vocational district's school foundation payments. | 29287 |
| (E) If the participant was enrolled in a participating | 29288 |
| chartered nonpublic school, the amount paid under division (B) of | 29289 |
| this section shall be subtracted from moneys set aside by the | 29290 |
| general assembly for such purpose from funds appropriated for the | 29291 |
| purposes of section 3317.06 of the Revised Code. | 29292 |
| (F) No payment of state funds shall be made under this | 29293 |
| chapter for either of the following: | 29294 |
| (1) Any student enrolled in a nonchartered nonpublic school; | 29295 |
| (2) Any college course that is a physical education course, | 29296 |
| as determined by the superintendent of public instruction. | 29297 |
| Sec. 3365.10. As used in this section, the "base amount" for | 29298 |
| any school year is | 29299 |
| appropriations act in accordance with division (E) of section | 29300 |
| 3365.07 of the Revised Code. "Full-time equivalency percentage" | 29301 |
| and "percentage of the school day" enrolled in college shall be | 29302 |
| determined under the rules described by divisions (A)(1) and (4) | 29303 |
| of section 3365.07 of the Revised Code. | 29304 |
| This section applies only to students enrolled in chartered | 29305 |
| nonpublic schools. | 29306 |
| (A) Each chartered nonpublic school student who wishes to | 29307 |
| become a participant in any school year shall send to the | 29308 |
| department of
education a copy of | 29309 |
| from a college and an application. The application shall be made | 29310 |
| on forms provided by the state board and shall include information | 29311 |
| about the student's proposed participation, including the school | 29312 |
| year in which | 29313 |
| or terms the student wishes to enroll during such year; the | 29314 |
| student's expected full-time equivalency percentage for each such | 29315 |
| semester or term; and the percentage of the school day each such | 29316 |
| semester or term that the student expects to be enrolled in | 29317 |
| programs provided by a college under division (B) of section | 29318 |
| 3365.04 of the Revised Code. The department shall mark each | 29319 |
| application with the date and time of receipt. | 29320 |
| (B) Calculations involving applications under this division | 29321 |
| shall be made in the order in which the applications are received. | 29322 |
| Upon receipt of an application under division (A) of this | 29323 |
| section, the department shall calculate the amount the college | 29324 |
| would be paid under division (B) of section 3365.07 of the Revised | 29325 |
| Code for the student's expected participation. The department | 29326 |
| shall subtract each such calculated amount from the base amount | 29327 |
| for that year, or the amount remaining for that year after the | 29328 |
| subtraction from the base amount of amounts previously calculated | 29329 |
| under this division as a result of prior applications for | 29330 |
| participation in that year, whichever is the lesser amount. | 29331 |
| (C) If such a subtraction under division (B) of this section | 29332 |
| results in a positive number, the department shall notify the | 29333 |
| applicant within three weeks of the receipt of | 29334 |
| that | 29335 |
| enrollment options program to the extent indicated in the | 29336 |
| application. | 29337 |
| (D) If such a subtraction under division (B) of this section | 29338 |
| results in a negative number, the department shall, within one | 29339 |
| week of the receipt of such application, notify the applicant, the | 29340 |
| applicant's chartered nonpublic school, and the college accepting | 29341 |
| the applicant that funds will not be available for the applicant's | 29342 |
| participation in the program during the year for which the | 29343 |
| application was made. The department shall also notify all | 29344 |
| applicants whose applications for that year are subsequently | 29345 |
| received, their chartered nonpublic schools, and the colleges | 29346 |
| accepting them of the same fact. | 29347 |
| (E) No applicant receiving notification under division (D) of | 29348 |
| this section may become a participant under division (B) of | 29349 |
|
section 3365.04 of the Revised Code for the year for which | 29350 |
| applicant applied and no college shall be paid under division (B) | 29351 |
| of section 3365.07 of the Revised Code for participation by any | 29352 |
| such applicant in such year. | 29353 |
| Sec. 3365.11. If the superintendent of the school district | 29354 |
| or the chief administrator of the community school or nonpublic | 29355 |
| school in which the student is enrolled notifies the | 29356 |
| superintendent of public instruction that the student has not | 29357 |
| attained a passing final grade in a college course in which the | 29358 |
| student is enrolled under this chapter, the superintendent of | 29359 |
| public instruction shall initiate proceedings to seek | 29360 |
| reimbursement from the student or the student's parent for the | 29361 |
| amount of state funds calculated for payment to the college on | 29362 |
| behalf of the student for enrollment in that college course. In | 29363 |
| seeking reimbursement, the superintendent of public instruction | 29364 |
| may request that the attorney general bring a civil cause of | 29365 |
| action in the court of common pleas of the county in which the | 29366 |
| school district, community school, or nonpublic school is located, | 29367 |
| if the superintendent of public instruction determines it | 29368 |
| appropriate to bring such an action. | 29369 |
| Upon the collection of any funds from a student or student's | 29370 |
| parent under this section, the superintendent of public | 29371 |
| instruction shall credit the amount collected to the school | 29372 |
| district or community school from which an amount was deducted | 29373 |
| under division (D) of section 3365.07 of the Revised Code for the | 29374 |
| course or, if the student is enrolled in a nonpublic school, to | 29375 |
| the general revenue fund. | 29376 |
| Sec. 3375.40. Each board of library trustees appointed | 29377 |
| pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, | 29378 |
| or 3375.30 of the Revised Code may do the following: | 29379 |
| (A) Hold title to and have the custody of all real and | 29380 |
| personal property of the free public library under its | 29381 |
| jurisdiction; | 29382 |
| (B) Expend for library purposes, and in the exercise of the | 29383 |
| power enumerated in this section, all moneys, whether derived from | 29384 |
| the county library and local government support fund or otherwise, | 29385 |
| credited to the free public library under its jurisdiction and | 29386 |
| generally do all things it considers necessary for the | 29387 |
| establishment, maintenance, and improvement of the free public | 29388 |
| library under its jurisdiction; | 29389 |
| (C) Purchase, lease, construct, remodel, renovate, or | 29390 |
| otherwise improve, equip, and furnish buildings or parts of | 29391 |
| buildings and other real property, and purchase, lease, or | 29392 |
| otherwise acquire motor vehicles and other personal property, | 29393 |
| necessary for the proper maintenance and operation of the free | 29394 |
| public library under its jurisdiction, and pay their costs in | 29395 |
| installments or otherwise. Financing of these costs may be | 29396 |
| provided through the issuance of notes, through an installment | 29397 |
| sale, or through a lease-purchase agreement. Any such notes shall | 29398 |
| be issued pursuant to section 3375.404 of the Revised Code. | 29399 |
| (D) Purchase, lease, lease with an option to purchase, or | 29400 |
| erect buildings or parts of buildings to be used as main | 29401 |
| libraries, branch libraries, or library stations pursuant to | 29402 |
| section 3375.41 of the Revised Code; | 29403 |
| (E) Establish and maintain a main library, branches, library | 29404 |
| stations, and traveling library service within the territorial | 29405 |
| boundaries of the political subdivision or district over which it | 29406 |
| has jurisdiction of free public library service; | 29407 |
| (F) Except as otherwise provided in this division, establish | 29408 |
| and maintain branches, library stations, and traveling library | 29409 |
| service in any school district, outside the territorial boundaries | 29410 |
| of the political subdivision or district over which it has | 29411 |
| jurisdiction of free public library service, upon application to | 29412 |
| and approval of the state library board, pursuant to section | 29413 |
| 3375.05 of the Revised Code. The board of library trustees of any | 29414 |
| free public library maintaining branches, stations, or traveling | 29415 |
| library service, outside the territorial boundaries of the | 29416 |
| political subdivision or district over which it has jurisdiction | 29417 |
| of free public library service, on September 4, 1947, may continue | 29418 |
| to maintain and operate those branches, those stations, and that | 29419 |
| traveling library service without the approval of the state | 29420 |
| library board. | 29421 |
| (G) Appoint and fix the compensation of all of the employees | 29422 |
| of the free public library under its jurisdiction, pay the | 29423 |
| reasonable cost of tuition for any of its employees who enroll in | 29424 |
| a course of study the board considers essential to the duties of | 29425 |
| the employee or to the improvement of the employee's performance, | 29426 |
| and reimburse applicants for employment for any reasonable | 29427 |
| expenses they incur by appearing for a personal interview; | 29428 |
| (H) Make and publish rules for the proper operation and | 29429 |
| management of the free public library and facilities under its | 29430 |
| jurisdiction, including rules pertaining to the provision of | 29431 |
| library services to individuals, corporations, or institutions | 29432 |
| that are not inhabitants of the county; | 29433 |
| (I) Assess uniform fees for the provision of services to | 29434 |
| patrons of the library, but no fee shall be assessed for the | 29435 |
| circulation of printed materials held by the library except for | 29436 |
| the assessment of fines for materials not returned in accordance | 29437 |
| with the board's rules; | 29438 |
| (J) Establish and maintain a museum in connection with and as | 29439 |
| an adjunct to the free public library under its jurisdiction; | 29440 |
| | 29441 |
| gift, or endowment upon the conditions connected with the bequest, | 29442 |
| gift, or endowment. No such bequest, gift, or endowment shall be | 29443 |
| accepted by the board if its conditions remove any portion of the | 29444 |
| free public library under the board's jurisdiction from the | 29445 |
| control of the board or if the conditions, in any manner, limit | 29446 |
| the free use of the library or any part of it by the residents of | 29447 |
| the counties in which the library is located. | 29448 |
| | 29449 |
| its full membership, set aside any unencumbered surplus remaining | 29450 |
| in the general fund of the free public library under its | 29451 |
| jurisdiction for any purpose, including creating or increasing a | 29452 |
| special building and repair fund, or for operating the library or | 29453 |
| acquiring equipment and supplies; | 29454 |
| | 29455 |
| life, hospitalization, surgical, major medical, disability | 29456 |
| benefit, dental care, eye care, hearing aids, or prescription drug | 29457 |
| insurance or coverage, or a combination of any of those types of | 29458 |
| insurance or coverage, whether issued by an insurance company or a | 29459 |
| health insuring corporation duly licensed by the state, covering | 29460 |
| its employees, and, in the case of group term life, | 29461 |
| hospitalization, surgical, major medical, dental care, eye care, | 29462 |
| hearing aids, or prescription drug insurance or coverage, also | 29463 |
| covering the dependents and spouses of its employees, and, in the | 29464 |
| case of disability benefits, also covering the spouses of its | 29465 |
| employees. | 29466 |
| | 29467 |
| library and library trustees in library associations. | 29468 |
| Any instrument by which real property is acquired pursuant to | 29469 |
| this section shall identify the agency of the state that has the | 29470 |
| use and benefit of the real property as specified in section | 29471 |
| 5301.012 of the Revised Code. | 29472 |
| | 29473 |
| 29474 | |
| 29475 | |
| from forfeited bail, under sections 3375.50 to 3375.53 of the | 29476 |
| Revised Code shall furnish to all of the members
of the | 29477 |
| general assembly, the | 29478 |
| association is located, and the judges of the
| 29479 |
| 29480 | |
| and the use of its
books, materials, and equipment free of charge | 29481 |
| 29482 | |
| 29483 | |
| 29484 | |
| additional persons to act as assistant | 29485 |
| the law library. The board shall | 29486 |
| paying the compensation of | 29487 |
| 29488 | |
| Code. | 29489 |
| Sec. 3375.49. | 29490 |
| this section, for the use of the law library referred to in | 29491 |
| section 3375.48 of the Revised Code, the board of county | 29492 |
|
commissioners shall provide | 29493 |
| 29494 | |
|
county courthouse or | 29495 |
| 29496 | |
| located in the county seat | 29497 |
| utilities for that space. | 29498 |
| (B)(1) Subject to division (C) of this section, through | 29499 |
| calendar year 2006, the board of county commissioners shall be | 29500 |
| responsible for paying the compensation of the librarian and up to | 29501 |
| two assistant librarians of the law library appointed by the board | 29502 |
| of trustees of the law library association under section 3375.48 | 29503 |
| of the Revised Code and the costs of the space in the county | 29504 |
| courthouse or other building that the board provides for the use | 29505 |
| of the law library under division (A) of this section, the | 29506 |
| utilities for that space, and furniture and fixtures for the law | 29507 |
| library. | 29508 |
| (2) In calendar years 2007 through 2010, the board of county | 29509 |
| commissioners and the board of trustees shall be responsible for | 29510 |
| paying the compensation of the librarian and up to two assistant | 29511 |
| librarians appointed under section 3375.48 of the Revised Code and | 29512 |
| the costs of the space in the county courthouse or other building | 29513 |
| that the board of county commissioners provides for the use of the | 29514 |
| law library under division (A) of this section, the utilities for | 29515 |
| that space, and furniture and fixtures for the law library as | 29516 |
| follows: | 29517 |
| (a) In calendar year 2007, the board of county commissioners | 29518 |
| shall pay eighty per cent, and the board of trustees shall pay | 29519 |
| twenty per cent. | 29520 |
| (b) In calendar year 2008, the board of county commissioners | 29521 |
| shall pay sixty per cent, and the board of trustees shall pay | 29522 |
| forty per cent. | 29523 |
| (c) In calendar year 2009, the board of county commissioners | 29524 |
| shall pay forty per cent, and the board of trustees shall pay | 29525 |
| sixty per cent. | 29526 |
| (d) In calendar year 2010, the board of county commissioners | 29527 |
| shall pay twenty per cent, and the board of trustees shall pay | 29528 |
| eighty per cent. | 29529 |
| (3) Beginning in calendar year 2011 and thereafter, the board | 29530 |
| of trustees shall be responsible for paying the compensation of | 29531 |
| the librarian and all assistant librarians appointed under section | 29532 |
| 3375.48 of the Revised Code as well as the costs of the space in | 29533 |
| the county courthouse or other building that the board of county | 29534 |
| commissioners provides for the use of the law library under | 29535 |
| division (A) of this section, the utilities for that space, and | 29536 |
| the law library's furniture and fixtures. | 29537 |
| (C) If the board of trustees of a law library association | 29538 |
| referred to in section 3375.48 of the Revised Code rents, leases, | 29539 |
| lease-purchases, or otherwise acquires space for the use of the | 29540 |
| law library, or constructs, enlarges, renovates, or otherwise | 29541 |
| modifies buildings or other structures to provide space for the | 29542 |
| use of the law library, the board of county commissioners of the | 29543 |
| county in which the association is located has no further | 29544 |
| obligation under division (A) of this section to provide space in | 29545 |
| the county courthouse or any other building located in the county | 29546 |
| seat for the use of the law library and utilities for that space, | 29547 |
| and has no further obligation under division (B) of this section | 29548 |
| to make payments for the compensation of the librarian and up to | 29549 |
| two assistant librarians of the law library appointed under | 29550 |
| section 3375.48 of the Revised Code and for the costs of space in | 29551 |
| the county courthouse or an other building for the use of the law | 29552 |
| library, the utilities for that space, and the law library's | 29553 |
| furniture and fixtures. | 29554 |
|
(D)
The librarian | 29555 |
| shall receive and safely keep in | 29556 |
| law reports and other books furnished by the state for use of the | 29557 |
| court and bar. | 29558 |
| 29559 |
| (E) The books, computer communications console that is a | 29560 |
| means of access to a system of computerized legal research, | 29561 |
| microform materials and equipment, videotape materials and | 29562 |
| equipment, audio or visual materials and equipment, other | 29563 |
| materials and equipment utilized in conducting
legal research, | 29564 |
| furniture, and fixtures of the law library association that are | 29565 |
| owned by, and used exclusively in, the law library are exempt from | 29566 |
| taxation. | 29567 |
| Sec. 3375.54. The money that is paid to the board of | 29568 |
| trustees of a law library association under sections 3375.50 to | 29569 |
| 3375.53 of the Revised Code shall be expended in the support and | 29570 |
| operation of the law library association
| 29571 |
| lease, or rental of lawbooks, a computer communications console | 29572 |
| that is a means of access to a system of computerized legal | 29573 |
| research, microform materials and equipment, videotape materials | 29574 |
| and equipment, audio or
visual materials and equipment, | 29575 |
| 29576 | |
| 29577 | |
| and fixtures used in the association's law library; and to pay the | 29578 |
| compensation of any librarian and assistant librarians of the law | 29579 |
| library appointed under section 3375.48 of the Revised Code. | 29580 |
| Sec. 3375.55. | 29581 |
| 29582 | |
| 29583 | |
| receives fines and penalties, and moneys arising from forfeited | 29584 |
| bail, under sections 3375.50 to 3375.53 of the Revised Code is | 29585 |
| located shall have the same free use of the books, materials, and | 29586 |
| equipment of the association's law library | 29587 |
| 29588 | |
| general assembly members and the judges and county officers | 29589 |
| mentioned in section 3375.48 of the Revised Code. | 29590 |
| Sec. 3377.03. The Ohio higher educational facility | 29591 |
| commission shall be comprised of nine members, one of whom shall | 29592 |
|
be the chancellor of the Ohio board of regents or | 29593 |
| chancellor's designee. The remaining members shall be appointed by | 29594 |
| the governor with the
advice and consent of the senate. | 29595 |
| 29596 | |
| 29597 | |
| 29598 | |
| 29599 | |
| 29600 | |
| 29601 | |
| 29602 | |
| 29603 | |
| 29604 | |
| years, commencing on the second day of January and ending on the | 29605 |
|
first day of January | 29606 |
| 29607 | |
| 29608 | |
| 29609 | |
| 29610 | |
| 29611 | |
| 29612 | |
| 29613 | |
| 29614 | |
| 29615 | |
| 29616 | |
| 29617 | |
| 29618 | |
| 29619 | |
| 29620 | |
| 29621 | |
| 29622 | |
| date of | 29623 |
| appointed. Vacancies shall be filled by gubernatorial appointment. | 29624 |
| Any member appointed to fill a vacancy occurring prior to the | 29625 |
| expiration of the term for which
| 29626 |
| appointed shall hold office for the remainder of such term. Any | 29627 |
| member shall continue in office subsequent to the expiration date | 29628 |
| of | 29629 |
| office, or until a period of sixty days has elapsed, whichever | 29630 |
| occurs first. | 29631 |
| The governor shall designate the | 29632 |
| commission. The commission shall elect from its own members each | 29633 |
|
year, a | 29634 |
| it deems necessary. Members of the commission shall receive no | 29635 |
| compensation for their services but shall be reimbursed for their | 29636 |
| necessary and actual expenses actually incurred in the conduct of | 29637 |
| the commission's business. | 29638 |
| The commission shall provide for the holding of regular and | 29639 |
| special meetings. A majority of the commissioners shall constitute | 29640 |
| a quorum for the transaction of any business and the approval of a | 29641 |
| majority of the members is necessary to undertake any act of the | 29642 |
| commission. The meetings are subject to section 121.22 of the | 29643 |
| Revised Code, except that one or more members may be present at a | 29644 |
| meeting by interactive video teleconference or teleconference if | 29645 |
| public attendance is allowed at the meeting's location. In that | 29646 |
| case, members present at a meeting by interactive video | 29647 |
| teleconference or teleconference may be considered present for | 29648 |
| determining whether a quorum exists and may vote, notwithstanding | 29649 |
| the requirement of division (C) of that section that members be | 29650 |
| present in person for those purposes. | 29651 |
| The commission shall adopt rules for the conduct of business, | 29652 |
| may appoint such officers and employees as necessary, and may fix | 29653 |
| their compensation and prescribe their duties. All expenses | 29654 |
| incurred in carrying out Chapter 3377. of the Revised Code are | 29655 |
| payable solely from funds of the commission available therefor, | 29656 |
| and no liability or obligation shall be incurred by the commission | 29657 |
| beyond the extent to which such funds are available. | 29658 |
| Within ninety days after the close of each fiscal year, the | 29659 |
| commission shall make a report of its activities for the preceding | 29660 |
| fiscal year to the governor. Such report shall be filed with the | 29661 |
| clerk of each house of the general assembly. | 29662 |
| Sec. 3379.04. The Ohio arts council may do any of the | 29663 |
| following: | 29664 |
| (A) Within the limits of available funds, employ and fix the | 29665 |
| compensation of a staff director and | 29666 |
| to facilitate the work of the council, provided that the | 29667 |
| compensation shall not exceed the annual salary of the governor | 29668 |
| specified in section 141.011 of the Revised Code. The staff | 29669 |
| director shall serve at the pleasure of the council, and other | 29670 |
| employees shall serve at the pleasure of the staff director. | 29671 |
| (B) Establish and appoint members to advisory committees to | 29672 |
| advise and assist it in the performance of its functions, and
| 29673 |
| 29674 | |
|
consultants | 29675 |
| (C) Adopt | 29676 |
|
of | 29677 |
| (D) Award and administer grants to carry out the purposes of | 29678 |
| this chapter. | 29679 |
| Sec. 3381.07. Upon the creation of a regional arts and | 29680 |
| cultural district under section 3381.03 or 3381.04 of the Revised | 29681 |
| Code and upon the qualifying of its board of trustees and the | 29682 |
| election of a president and a vice-president, the district shall | 29683 |
| exercise in its own name all the rights, powers, and duties vested | 29684 |
| in and conferred upon it by this chapter. A regional arts and | 29685 |
| cultural district: | 29686 |
| (A) May sue or be sued in its corporate name; | 29687 |
| (B) May make contracts in the exercise of the rights, powers, | 29688 |
| and duties conferred upon it; | 29689 |
| (C) May adopt and alter a seal and use such seal by causing | 29690 |
| it to be impressed, affixed, reproduced, or otherwise used, but | 29691 |
| failure to affix the seal shall not affect the validity of any | 29692 |
| instrument; | 29693 |
| (D) May make, adopt, amend, and repeal bylaws for the | 29694 |
| administration of its affairs and rules for the administration and | 29695 |
| operation of any artistic or cultural facilities under its control | 29696 |
| and for the exercise of all of its rights of ownership therein | 29697 |
| provided, however, that it may not be directly involved in any | 29698 |
| programatic activities; | 29699 |
| (E) May make grants, on such terms and conditions as it may | 29700 |
| deem advisable, to any arts or cultural organization within its | 29701 |
| district as provided in section 3381.17 of the Revised Code; | 29702 |
| (F) May fix, alter, and collect rentals and other charges for | 29703 |
| the use of any artistic or cultural facilities under its control | 29704 |
| to be determined exclusively by it for the purpose of providing | 29705 |
| for the payment of the expenses of the district, the acquisition, | 29706 |
| construction, equipping, improvement, extension, repair, | 29707 |
| maintenance, renovation, enlargement, administration, and | 29708 |
| operation of artistic or cultural facilities under its control, | 29709 |
| the payment of principal and interest on its obligations, and to | 29710 |
| fulfill the terms of any agreements made with the purchasers or | 29711 |
| holders of any such obligations, or with any person or political | 29712 |
| subdivision; | 29713 |
| (G) Shall have jurisdiction, control, possession, and | 29714 |
| supervision over the use and disposition of all property, rights, | 29715 |
| licenses, moneys, contracts, accounts, liens, books, records, or | 29716 |
| other property rights and interests conveyed, delivered, | 29717 |
| transferred, or assigned to it; | 29718 |
| (H) May acquire, construct, improve, extend, repair, remodel, | 29719 |
| renovate, furnish, equip, enlarge, lease, or maintain artistic or | 29720 |
| cultural facilities within its territory as it considers necessary | 29721 |
| to accomplish the purposes of this chapter, and make charges for | 29722 |
| the use of artistic or cultural facilities; | 29723 |
| (I) May levy and collect taxes as provided in section 3381.16 | 29724 |
| and in sections 5743.022 and 5743.321 of the Revised Code; | 29725 |
| (J) May issue bonds secured by its general credit as provided | 29726 |
| in section 3381.08 of the Revised Code; | 29727 |
| (K) May hold, encumber, control, acquire by donation, | 29728 |
| purchase, construct, own, lease as lessee or lessor, use, and sell | 29729 |
| real and personal property, or any interest or right therein, | 29730 |
| within or without its territory; | 29731 |
| (L) May employ or retain and fix the compensation of such | 29732 |
|
employees, | 29733 |
| or advisors as may be necessary or desirable for the | 29734 |
| accomplishment of its purposes; | 29735 |
| (M) May procure insurance against loss to it by reason of | 29736 |
| damages to its properties resulting from fire, theft, accident, or | 29737 |
| other casualties or by reason of its liability for any damages to | 29738 |
| persons or property; | 29739 |
| (N) May maintain such funds as it determines necessary or | 29740 |
| desirable for the efficient performance of its duties; | 29741 |
| (O) May procure a policy or policies insuring members of its | 29742 |
| board of trustees, its officers, employees, and agents against | 29743 |
| liability on account of damages or injury to persons and property | 29744 |
| resulting from any act or omission of such person in | 29745 |
| person's
official capacity or resulting solely out of | 29746 |
| person's service to such district; | 29747 |
| (P) May receive and expend gifts, grants, bequests, or | 29748 |
| devices, or grants including, but not limited to, grants of public | 29749 |
| funds. | 29750 |
| Sec. 3381.17. From the funds available therefor from a tax | 29751 |
| levy authorized under section 3381.16 or sections 5743.022 and | 29752 |
| 5743.321 of the Revised Code, a regional arts and cultural | 29753 |
| district by action of its board of trustees shall make annual | 29754 |
| grants to support the operating or capital expenses of such of the | 29755 |
| arts or cultural organizations located within the territory of the | 29756 |
| district as the board of trustees shall determine; provided, | 29757 |
| however, that not more than ten per cent of the amount granted in | 29758 |
| any calendar year shall be granted to arts and cultural | 29759 |
| organizations that are not qualifying arts or cultural | 29760 |
| organizations; and further provided that prior to making any | 29761 |
| grants in any calendar year, the board of trustees shall afford an | 29762 |
| opportunity for the presentation, either in person or in writing, | 29763 |
| of the suggestions of any area arts council, as defined in section | 29764 |
| 757.03 of the Revised Code, located within the district. Any such | 29765 |
| grant to an arts or cultural organization shall be on such terms | 29766 |
| and conditions as the board considers advisable. | 29767 |
| Sec. 3383.02. (A) There is hereby created the Ohio cultural | 29768 |
| facilities commission. The commission shall engage in and provide | 29769 |
| for the development, performance, and presentation or making | 29770 |
| available of culture and professional sports and athletics to the | 29771 |
| public in this state, and the provision of training or education | 29772 |
| in culture, by the exercise of its powers under this chapter, | 29773 |
| including the provision, operation, management, and cooperative | 29774 |
| use of Ohio cultural facilities and Ohio sports facilities. The | 29775 |
| commission is a body corporate and politic, an agency of state | 29776 |
| government and an instrumentality of the state, performing | 29777 |
| essential governmental functions of this state. The carrying out | 29778 |
| of the purposes and the exercise by the commission of its powers | 29779 |
| conferred by this chapter are essential public functions and | 29780 |
| public purposes of the state and of state government. The | 29781 |
| commission may, in its own name, sue and be sued, enter into | 29782 |
| contracts, and perform all the powers and duties given to it by | 29783 |
| this chapter; however, it does not have and shall not exercise the | 29784 |
| power of eminent domain. | 29785 |
| (B) The commission shall consist of
| 29786 |
| nine of whom shall be voting members and three of whom shall be | 29787 |
|
nonvoting
members. The
| 29788 |
| appointed by the governor, with the advice and consent of the | 29789 |
| senate, from different geographical regions of the state. In | 29790 |
| addition, one of the voting members shall represent the state | 29791 |
|
architect. Not more
than
| 29792 |
| governor shall be affiliated with the same political party. The | 29793 |
| nonvoting members shall be the staff director of the Ohio arts | 29794 |
| council, a member of the senate appointed by the president of the | 29795 |
| senate, and a member of the house of representatives appointed by | 29796 |
| the speaker of the house. | 29797 |
| (C) Of the five initial appointments made by the governor, | 29798 |
| one shall be for a term expiring December 31, 1989, two shall be | 29799 |
| for terms expiring December 31, 1990, and two shall be for terms | 29800 |
| expiring December 31, 1991. Of the initial appointments of the | 29801 |
| sixth and seventh voting members made by the governor, one shall | 29802 |
| be for a term expiring December 31, 2003, and one shall be for a | 29803 |
| term expiring December 31, 2004. Of the initial appointments of | 29804 |
| the eighth and ninth voting members made by the governor, one | 29805 |
| shall be for a term expiring December 31, 2007, and one shall be | 29806 |
| for a term expiring December 31, 2008. These voting members shall | 29807 |
| be appointed within sixty days after the effective date of this | 29808 |
| amendment. Thereafter, each such term shall be for three years, | 29809 |
| commencing on the first day of January and ending on the | 29810 |
| thirty-first day of December. Each appointment by the president of | 29811 |
| the senate and by the speaker of the house of representatives | 29812 |
| shall be for the balance of the then legislative biennium. Each | 29813 |
| member shall hold office from the date of the member's appointment | 29814 |
| until the end of the term for which the member was appointed. Any | 29815 |
| member appointed to fill a vacancy occurring prior to the | 29816 |
| expiration of the term for which the member's predecessor was | 29817 |
| appointed shall hold office for the remainder of such term. Any | 29818 |
| member shall continue in office subsequent to the expiration date | 29819 |
| of the member's term until the member's successor takes office, or | 29820 |
| until a period of sixty days has elapsed, whichever occurs first. | 29821 |
| (D) Members of the commission shall serve without | 29822 |
| compensation. | 29823 |
| (E) Organizational meetings of the commission shall be held | 29824 |
| at the first meeting of each calendar year. At each organizational | 29825 |
| meeting, the commission shall elect from among its voting members | 29826 |
| a chairperson, a vice-chairperson, and a secretary-treasurer, who | 29827 |
| shall serve until the next annual meeting. The commission shall | 29828 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 29829 |
| conduct of its internal business and shall keep a journal of its | 29830 |
| proceedings. | 29831 |
| (F)
| 29832 |
|
quorum, and the affirmative vote of
| 29833 |
| for approval of any action taken by the commission. A vacancy in | 29834 |
| the membership of the commission does not impair a quorum from | 29835 |
| exercising all the rights and performing all the duties of the | 29836 |
| commission. Meetings of the commission may be held anywhere in the | 29837 |
| state, and shall be held in compliance with section 121.22 of the | 29838 |
| Revised Code. | 29839 |
| (G) All expenses incurred in carrying out this chapter are | 29840 |
| payable solely from money accrued under this chapter or | 29841 |
| appropriated for these purposes by the general assembly, and the | 29842 |
| commission shall incur no liability or obligation beyond such | 29843 |
| money. | 29844 |
| (H) The commission shall file an annual report of its | 29845 |
| activities and finances with the governor, director of budget and | 29846 |
| management, speaker of the house of representatives, president of | 29847 |
| the senate, and chairpersons of the house and senate finance | 29848 |
| committees. | 29849 |
| (I) There is hereby established in the state treasury the | 29850 |
| Ohio cultural facilities commission administration fund. All | 29851 |
| revenues of the commission shall be credited to that fund and to | 29852 |
| any
accounts created in | 29853 |
| approval. All expenses of the commission, including reimbursement | 29854 |
| of, or payment to, any other fund or any governmental agency for | 29855 |
| advances made or services rendered to or on behalf of the | 29856 |
|
commission, shall be paid from | 29857 |
| 29858 | |
| to
directions of the commission. All investment earnings of | 29859 |
| 29860 | |
| shall be allocated among any accounts created in the fund in the | 29861 |
| manner determined by the commission. | 29862 |
| (J) Title to all real property and lesser interests in real | 29863 |
| property acquired by the commission, including leasehold and other | 29864 |
| interests, pursuant to this chapter shall be taken in the name of | 29865 |
| the state and shall be held for the use and benefit of the | 29866 |
| commission. The commission shall not mortgage such real property | 29867 |
| and interests in real property. Title to other property and | 29868 |
| interests in it acquired by the commission pursuant to this | 29869 |
| chapter shall be taken in its name. | 29870 |
| Sec. 3501.141. (A) The board of elections of any county may | 29871 |
| contract, purchase, or otherwise procure and pay all or any part | 29872 |
| of the cost of group insurance policies that may provide benefits | 29873 |
| for hospitalization, surgical care, major medical care, | 29874 |
| disability, dental care, eye care, medical care, hearing aids, or | 29875 |
| prescription drugs, and that may provide sickness and accident | 29876 |
| insurance, or group life insurance, or a combination of any of the | 29877 |
| foregoing types of insurance or coverage for the full-time | 29878 |
| employees of such board and their immediate dependents, whether | 29879 |
| issued by an insurance company or a health insuring corporation, | 29880 |
| duly authorized to do business in this state. The authority | 29881 |
| granted under this division applies only when the board of county | 29882 |
| commissioners, by resolution, denies coverage described in this | 29883 |
| division to full-time employees of the board of elections. | 29884 |
| (B) The board of elections of any county, with the approval | 29885 |
| of the board of county commissioners, may procure and pay all or | 29886 |
| any part of the cost of group hospitalization, surgical, major | 29887 |
| medical, or sickness and accident insurance or a combination of | 29888 |
| any of the foregoing types of insurance or coverage for the | 29889 |
| members appointed to the board of elections under section 3501.06 | 29890 |
| of the Revised Code and their immediate dependents when each | 29891 |
| member's term begins, whether issued by an insurance company or a | 29892 |
| health insuring corporation, duly authorized to do business in | 29893 |
| this state. | 29894 |
| Sec. 3501.17. (A) The expenses of the board of elections | 29895 |
| shall be paid from the county treasury, in pursuance of | 29896 |
| appropriations by the board of county commissioners, in the same | 29897 |
| manner as other
county expenses are paid. | 29898 |
| 29899 | |
| 29900 | |
| 29901 | |
| 29902 | |
| 29903 | |
| vouchers of the board of elections certified to by its chairperson | 29904 |
| or acting chairperson and the director or deputy director, upon | 29905 |
| warrants of the county auditor. The board of elections shall not | 29906 |
| incur any obligation involving the expenditure of money unless | 29907 |
| there are moneys sufficient in the funds appropriated therefor to | 29908 |
| meet such obligations pursuant to division (D) of section 5705.41 | 29909 |
| of the Revised Code, and the board may transfer funds only as | 29910 |
| provided under sections 5705.14 to 5705.16 of the Revised Code. | 29911 |
| Such expenses shall be apportioned among the county and the | 29912 |
| various subdivisions as provided in this section, and the amount | 29913 |
| chargeable to each subdivision shall be withheld by the auditor | 29914 |
| from the moneys payable thereto at the time of the next tax | 29915 |
| settlement. At the time of submitting budget estimates in each | 29916 |
| year, the board of elections shall submit to the taxing authority | 29917 |
| of each subdivision, upon the request of the subdivision, an | 29918 |
| estimate of the amount to be withheld therefrom during the next | 29919 |
| fiscal year. | 29920 |
| (B) Except as otherwise provided in division (F) of this | 29921 |
| section, the entire compensation of the members of the board of | 29922 |
| elections and of the director, deputy director, and other | 29923 |
| employees in the board's offices; the expenditures for the rental, | 29924 |
| furnishing, and equipping of the office of the board and for the | 29925 |
| necessary office supplies for the use of the board; the | 29926 |
| expenditures for the acquisition, repair, care, and custody of the | 29927 |
| polling places, booths, guardrails, and other equipment for | 29928 |
| polling places; the cost of pollbooks, tally sheets, maps, flags, | 29929 |
| ballot boxes, and all other permanent records and equipment; the | 29930 |
| cost of all elections held in and for the state and county; and | 29931 |
| all other expenses of the board which are not chargeable to a | 29932 |
| political subdivision in accordance with this section shall be | 29933 |
| paid in the same manner as other county expenses are paid. | 29934 |
| (C) The compensation of judges and clerks of elections; the | 29935 |
| cost of renting, moving, heating, and lighting polling places and | 29936 |
| of placing and removing ballot boxes and other fixtures and | 29937 |
| equipment thereof; the cost of printing and delivering ballots, | 29938 |
| cards of instructions, and other election supplies; and all other | 29939 |
| expenses of conducting primaries and elections in the odd-numbered | 29940 |
| years shall be charged to the subdivisions in and for which such | 29941 |
| primaries or elections are held. The charge for each primary or | 29942 |
| general election in odd-numbered years for each subdivision shall | 29943 |
| be determined in the following manner: first, the total cost of | 29944 |
| all chargeable items used in conducting such elections shall be | 29945 |
| ascertained; second, the total charge shall be divided by the | 29946 |
| number of precincts participating in such election, in order to | 29947 |
| fix the cost per precinct; third, the cost per precinct shall be | 29948 |
| prorated by the board of elections to the subdivisions conducting | 29949 |
| elections for the nomination or election of offices in such | 29950 |
| precinct; fourth, the total cost for each subdivision shall be | 29951 |
| determined by adding the charges prorated to it in each precinct | 29952 |
| within the subdivision. | 29953 |
| (D) The entire cost of special elections held on a day other | 29954 |
| than the day of a primary or general election, both in | 29955 |
| odd-numbered or in even-numbered years, shall be charged to the | 29956 |
| subdivision. Where a special election is held on the same day as a | 29957 |
| primary or general election in an even-numbered year, the | 29958 |
| subdivision submitting the special election shall be charged only | 29959 |
| for the cost of ballots and advertising. Where a special election | 29960 |
| is held on the same day as a primary or general election in an | 29961 |
| odd-numbered year, the subdivision submitting the special election | 29962 |
| shall be charged for the cost of ballots and advertising for such | 29963 |
| special election, in addition to the charges prorated to such | 29964 |
| subdivision for the election or nomination of candidates in each | 29965 |
| precinct within the subdivision, as set forth in the preceding | 29966 |
| paragraph. | 29967 |
| (E) Where a special election is held on the day specified by | 29968 |
| division (E) of section 3501.01 of the Revised Code for the | 29969 |
| holding of a primary election, for the purpose of submitting to | 29970 |
| the voters of the state constitutional amendments proposed by the | 29971 |
| general assembly, and a subdivision conducts a special election on | 29972 |
| the same day, the entire cost of the special election shall be | 29973 |
| divided proportionally between the state and the subdivision based | 29974 |
| upon a ratio determined by the number of issues placed on the | 29975 |
| ballot by each, except as otherwise provided in division (G) of | 29976 |
| this section. Such proportional division of cost shall be made | 29977 |
| only to the extent funds are available for such purpose from | 29978 |
| amounts appropriated by the general assembly to the secretary of | 29979 |
| state. If a primary election is also being conducted in the | 29980 |
| subdivision, the costs shall be apportioned as otherwise provided | 29981 |
| in this section. | 29982 |
| (F) When a precinct is open during a general, primary, or | 29983 |
| special election solely for the purpose of submitting to the | 29984 |
| voters a statewide ballot issue, the state shall bear the entire | 29985 |
| cost of the election in that precinct and shall reimburse the | 29986 |
| county for all expenses incurred in opening the precinct. | 29987 |
| (G) The state shall bear the entire cost of advertising in | 29988 |
| newspapers statewide ballot issues, explanations of those issues, | 29989 |
| and arguments for or against those issues, as required by Section | 29990 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 29991 |
| and any other section of law and shall reimburse the counties for | 29992 |
| all expenses they incur for such advertising. | 29993 |
| (H) The cost of renting, heating, and lighting registration | 29994 |
| places; the cost of the necessary books, forms, and supplies for | 29995 |
| the conduct of registration; and the cost of printing and posting | 29996 |
| precinct registration lists shall be charged to the subdivision in | 29997 |
| which such registration is held. | 29998 |
| (I) As used in this section, "statewide ballot issue" means | 29999 |
| any ballot issue, whether proposed by the general assembly or by | 30000 |
| initiative or referendum, that is submitted to the voters | 30001 |
| throughout the state. | 30002 |
| Sec. 3701.021. (A) The public health council shall adopt, in | 30003 |
| accordance with Chapter 119. of the Revised Code, such rules as | 30004 |
| are necessary to carry out sections 3701.021 to 3701.0210 of the | 30005 |
| Revised Code, including, but not limited to, rules to establish | 30006 |
| the following: | 30007 |
| (1) Medical and financial eligibility requirements consistent | 30008 |
| with division (B) of this section for the program for medically | 30009 |
| handicapped children; | 30010 |
| (2) Eligibility requirements for providers of services for | 30011 |
| medically handicapped children; | 30012 |
| (3) Procedures to be followed by the department of health in | 30013 |
| disqualifying providers for violating requirements adopted under | 30014 |
| division (A)(2) of this section; | 30015 |
| (4) Procedures to be used by the department regarding | 30016 |
| application for diagnostic services under division (B) of section | 30017 |
| 3701.023 of the Revised Code and payment for those services under | 30018 |
| division (E) of that section; | 30019 |
| (5) Standards for the provision of service coordination by | 30020 |
| the department of health and city and general health districts; | 30021 |
| (6) Procedures for the department to use to determine the | 30022 |
| amount to be paid annually by each county for services for | 30023 |
| medically handicapped children and to allow counties to retain | 30024 |
| funds under divisions (A)(2) and (3) of section 3701.024 of the | 30025 |
| Revised Code; | 30026 |
| (7) Financial eligibility requirements for services for Ohio | 30027 |
| residents twenty-one years of age or older who have cystic | 30028 |
| fibrosis; | 30029 |
| (8) Criteria for payment of approved providers who provide | 30030 |
| services for medically handicapped children; | 30031 |
| (9) Criteria for the department to use in determining whether | 30032 |
| the payment of health insurance premiums of participants in the | 30033 |
| program for medically handicapped children is cost-effective; | 30034 |
| (10) Procedures for appeal of denials of applications under | 30035 |
| divisions (A) and (D) of section 3701.023 of the Revised Code, | 30036 |
| disqualification of providers, and amounts paid for services; | 30037 |
| (11) Terms of appointment for members of the medically | 30038 |
| handicapped children's medical advisory council created in section | 30039 |
| 3701.025 of the Revised Code; | 30040 |
| (12) Eligibility requirements for the hemophilia program, | 30041 |
| including income and hardship requirements. | 30042 |
| (B)(1) Except as provided in division (B)(2) of this section, | 30043 |
| an individual who is eligible for the medicaid program established | 30044 |
| under Chapter 5111. of the Revised Code is ineligible for the | 30045 |
| program for medically handicapped children. | 30046 |
| (2) An individual eligible for medicaid under the spend-down | 30047 |
| provision provided by 42 C.F.R. 435.121(e)(4) as a result of costs | 30048 |
| incurred on the individual's behalf under the program for | 30049 |
| medically handicapped children is eligible for the program for | 30050 |
| medically handicapped children if the cost to the state to enable | 30051 |
| the individual to be eligible for both medicaid and the program | 30052 |
| for medically handicapped children is less than the cost to the | 30053 |
| state of providing services to the individual under the program | 30054 |
| for medically handicapped children alone. | 30055 |
| (C) The department of health shall develop a manual of | 30056 |
| operational procedures and guidelines for the program for | 30057 |
| medically handicapped children to implement sections 3701.021 to | 30058 |
| 3701.0210 of the Revised Code. | 30059 |
| Sec. 3701.023. (A) The department of health shall review | 30060 |
| applications for eligibility for the program for medically | 30061 |
| handicapped children that are submitted to the department by city | 30062 |
| and general health districts and physician providers approved in | 30063 |
| accordance with division (C) of this section. The department shall | 30064 |
| determine whether the applicants meet the medical and financial | 30065 |
| eligibility requirements established by the public health council | 30066 |
| pursuant to division (A)(1) of section 3701.021 of the Revised | 30067 |
| Code, and by the department in the manual of operational | 30068 |
| procedures and guidelines for the program for medically | 30069 |
| handicapped children developed pursuant to division (B) of that | 30070 |
| section. Referrals of potentially eligible children for the | 30071 |
| program may be submitted to the department on behalf of the child | 30072 |
| by parents, guardians, public health nurses, or any other | 30073 |
| interested person. The department of health may designate other | 30074 |
| agencies to refer applicants to the department of health. | 30075 |
| (B) In accordance with the procedures established in rules | 30076 |
| adopted under division (A)(4) of section 3701.021 of the Revised | 30077 |
| Code, the department of health shall authorize a provider or | 30078 |
| providers to provide to any Ohio resident under twenty-one years | 30079 |
| of age, without charge to the resident or the resident's family | 30080 |
| and without restriction as to the economic status of the resident | 30081 |
| or the resident's family, diagnostic services necessary to | 30082 |
|
determine whether the resident | 30083 |
| handicapping or potentially medically handicapping condition. | 30084 |
| (C) The department of health shall review the applications of | 30085 |
| health professionals, hospitals, medical equipment suppliers, and | 30086 |
| other individuals, groups, or agencies that apply to become | 30087 |
| providers. The department shall enter into a written agreement | 30088 |
| with each applicant who is determined, pursuant to the | 30089 |
| requirements set forth in rules adopted under division (A)(2) of | 30090 |
| section 3701.021 of the Revised Code, to be eligible to be a | 30091 |
| provider in accordance with the provider agreement required by the | 30092 |
| medical assistance program established under section 5111.01 of | 30093 |
| the Revised Code. No provider shall charge a medically handicapped | 30094 |
| child or the child's parent or guardian for services authorized by | 30095 |
| the department under division (B) or (D) of this section. | 30096 |
| The department, in accordance with rules adopted under | 30097 |
| division (A)(3) of section 3701.021 of the Revised Code, may | 30098 |
| disqualify any provider from further participation in the program | 30099 |
| for violating any requirement set forth in rules adopted under | 30100 |
| division (A)(2) of that section. The disqualification shall not | 30101 |
| take effect until a written notice, specifying the requirement | 30102 |
| violated and describing the nature of the violation, has been | 30103 |
| delivered to the provider and the department has afforded the | 30104 |
| provider an opportunity to appeal the disqualification under | 30105 |
| division (H) of this section. | 30106 |
| (D) The department of health shall evaluate applications from | 30107 |
| city and general health districts and approved physician providers | 30108 |
| for authorization to provide treatment services, service | 30109 |
| coordination, and related goods to children determined to be | 30110 |
| eligible for the program for medically handicapped children | 30111 |
| pursuant to division (A) of this section. The department shall | 30112 |
| authorize necessary treatment services, service coordination, and | 30113 |
| related goods for each eligible child in accordance with an | 30114 |
| individual plan of treatment for the child. As an alternative, the | 30115 |
| department may authorize payment of health insurance premiums on | 30116 |
| behalf of eligible children when the department determines, in | 30117 |
| accordance with criteria set forth in rules adopted under division | 30118 |
| (A)(9) of section 3701.021 of the Revised Code, that payment of | 30119 |
| the premiums is cost-effective. | 30120 |
| (E) The department of health shall pay, from appropriations | 30121 |
| to the department, any necessary expenses, including but not | 30122 |
| limited to, expenses for diagnosis, treatment, service | 30123 |
| coordination, supportive services, transportation, and accessories | 30124 |
| and their upkeep, provided to medically handicapped children, | 30125 |
| provided that the provision of the goods or services is authorized | 30126 |
| by the department under division (B) or (D) of this section. Money | 30127 |
| appropriated to the department of health may also be expended for | 30128 |
| reasonable administrative costs incurred by the program. The | 30129 |
| department of health also may purchase liability insurance | 30130 |
| covering the provision of services under the program for medically | 30131 |
| handicapped children by physicians and other health care | 30132 |
| professionals. | 30133 |
| Payments made to providers by the department of health | 30134 |
| pursuant to this division for inpatient hospital care, outpatient | 30135 |
| care, and all
other medical assistance furnished | 30136 |
| eligible
recipients | 30137 |
| 30138 | |
| 30139 | |
| 30140 | |
| 30141 | |
| 30142 | |
| 30143 | |
| 30144 | |
| made in accordance with rules adopted by the public health council | 30145 |
| pursuant to division (A) of section 3701.021 of the Revised Code. | 30146 |
| The departments of health and job and family services shall | 30147 |
| jointly implement procedures to ensure that duplicate payments are | 30148 |
| not made under the program for medically handicapped children and | 30149 |
| the medical assistance program established under section 5111.01 | 30150 |
| of the Revised Code and to identify and recover duplicate | 30151 |
| payments. | 30152 |
| (F) | 30153 |
| program for medically handicapped children, a medically | 30154 |
| handicapped child or the child's parent or guardian shall disclose | 30155 |
| the identity of any third party against whom the child or the | 30156 |
| child's parent or guardian has or may have a right of recovery for | 30157 |
| goods and services provided under division (B) or (D) of this | 30158 |
| section. Except as provided in division (F)(2) of this section, | 30159 |
| the department of health shall require a medically handicapped | 30160 |
| child who receives services from the program or the child's parent | 30161 |
| or guardian to apply for all third-party benefits for which the | 30162 |
| child may be eligible and require the child, parent, or guardian | 30163 |
| to apply all third-party benefits received to the amount | 30164 |
| determined under division (E) of this section as the amount | 30165 |
| payable for goods and services authorized under division (B) or | 30166 |
| (D) of this section. The department is the payer of last resort | 30167 |
| and shall pay for authorized goods or services, up to the amount | 30168 |
| determined under division (E) of this section for the authorized | 30169 |
| goods or services, only to the extent that payment for the | 30170 |
| authorized goods or services is not made through third-party | 30171 |
| benefits. When a third party fails to act on an application or | 30172 |
| claim for benefits by a medically handicapped child or the child's | 30173 |
| parent or guardian, the department shall pay for the goods or | 30174 |
| services only after ninety days have elapsed since the date the | 30175 |
| child, parents, or guardians made an application or claim for all | 30176 |
| third-party benefits, except as provided in division (F)(2) of | 30177 |
| this section. Third-party benefits received shall be applied to | 30178 |
| the amount determined under division (E) of this section. | 30179 |
| Third-party payments for goods and services not authorized under | 30180 |
| division (B) or (D) of this section shall not be applied to | 30181 |
| payment amounts determined under division (E) of this section. | 30182 |
| Payment made by the department shall be considered payment in full | 30183 |
| of the amount determined under division (E) of this section. | 30184 |
| Medicaid payments for persons eligible for the medical assistance | 30185 |
| program established under section 5111.01 of the Revised Code | 30186 |
| shall be considered payment in full of the amount determined under | 30187 |
| division (E) of this section. | 30188 |
| | 30189 |
| 30190 | |
| 30191 | |
| 30192 | |
| 30193 | |
| 30194 | |
| 30195 | |
| 30196 |
| (G) The department of health shall administer a program to | 30197 |
| provide services to Ohio residents who are twenty-one or more | 30198 |
|
years of age who | 30199 |
| meet the eligibility requirements established by the rules of the | 30200 |
| public health council pursuant to division (A)(7) of section | 30201 |
| 3701.021 of the Revised Code, subject to all provisions of this | 30202 |
| section, but not subject to section 3701.024 of the Revised Code. | 30203 |
| (H) The department of health shall provide for appeals, in | 30204 |
| accordance with rules adopted under section 3701.021 of the | 30205 |
| Revised Code, of denials of applications for the program for | 30206 |
| medically handicapped children under division (A) or (D) of this | 30207 |
| section, disqualification of providers, or amounts paid under | 30208 |
| division (E) of this section. Appeals under this division are not | 30209 |
| subject to Chapter 119. of the Revised Code. | 30210 |
| The department may designate ombudspersons to assist | 30211 |
| medically handicapped children or their parents or guardians, upon | 30212 |
| the request of the children, parents, or guardians, in filing | 30213 |
| appeals under this division and to serve as children's, parents', | 30214 |
| or guardians' advocates in matters pertaining to the | 30215 |
| administration of the program for medically handicapped children | 30216 |
| and eligibility for program services. The ombudspersons shall | 30217 |
| receive no compensation but shall be reimbursed by the department, | 30218 |
| in accordance with rules of the office of budget and management, | 30219 |
| for their actual and necessary travel expenses incurred in the | 30220 |
| performance of their duties. | 30221 |
| (I) The department of health, and city and general health | 30222 |
| districts providing service coordination pursuant to division | 30223 |
| (A)(2) of section 3701.024 of the Revised Code, shall provide | 30224 |
| service coordination in accordance with the standards set forth in | 30225 |
| the rules adopted under section 3701.021 of the Revised Code, | 30226 |
| without charge, and without restriction as to economic status. | 30227 |
| Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 30228 |
| the director of health has all of the following duties and powers: | 30229 |
| (1) | 30230 |
| 30231 | |
| 30232 |
| | 30233 |
| clinics, physicians, or other care providers to whom the director | 30234 |
| shall refer persons who make inquiries to the department of health | 30235 |
| regarding possible exposure to tuberculosis. | 30236 |
| | 30237 |
| activities, including the collection and analysis of | 30238 |
| epidemiological information relative to the frequency of | 30239 |
| tuberculosis infection, demographic and geographic distribution of | 30240 |
| tuberculosis cases, and trends pertaining to tuberculosis. | 30241 |
| | 30242 |
| record the incidence of tuberculosis in this state. | 30243 |
| | 30244 |
| tuberculosis consultants for geographic regions of the state | 30245 |
| specified by the director. Each tuberculosis consultant shall act | 30246 |
| in accordance with rules the director establishes and shall be | 30247 |
| responsible for advising and assisting physicians and other health | 30248 |
| care practitioners who participate in tuberculosis control | 30249 |
| activities and for reviewing medical records pertaining to the | 30250 |
| treatment provided to individuals with tuberculosis. | 30251 |
| (B)(1) The public health council shall adopt rules | 30252 |
| establishing standards for the following: | 30253 |
| (a) Performing tuberculosis screenings; | 30254 |
| (b) Performing examinations of individuals who have been | 30255 |
| exposed to tuberculosis and individuals who are suspected of | 30256 |
| having tuberculosis; | 30257 |
| (c) Providing treatment to individuals with tuberculosis; | 30258 |
| (d) Preventing individuals with communicable tuberculosis | 30259 |
| from infecting other individuals; | 30260 |
| (e) Performing laboratory tests for tuberculosis and studies | 30261 |
| of the resistance of tuberculosis to one or more drugs; | 30262 |
| (f) Selecting laboratories that provide in a timely fashion | 30263 |
| the results of a laboratory test for tuberculosis. The standards | 30264 |
| shall include a requirement that first consideration be given to | 30265 |
| laboratories located in this state. | 30266 |
| (2) Rules adopted pursuant to this section shall be adopted | 30267 |
| in accordance with Chapter 119. of the Revised Code and may be | 30268 |
| consistent with any recommendations or guidelines on tuberculosis | 30269 |
| issued by the United States centers for disease control and | 30270 |
| prevention or by the American thoracic society. The rules shall | 30271 |
| apply to county or district tuberculosis control units, physicians | 30272 |
| who examine and treat individuals for tuberculosis, and | 30273 |
| laboratories that perform tests for tuberculosis. | 30274 |
| Sec. 3701.65. (A) There is hereby created in the state | 30275 |
| treasury the "choose life" fund. The fund shall consist of the | 30276 |
| contributions that are paid to the registrar of motor vehicles by | 30277 |
| applicants who voluntarily elect to obtain "choose life" license | 30278 |
| plates pursuant to section 4503.91 of the Revised Code and any | 30279 |
| money returned to the fund under division (E)(1)(d) of this | 30280 |
| section. All investment earnings of the fund shall be credited to | 30281 |
| the fund. | 30282 |
| (B)(1) At least annually, the director of health shall | 30283 |
| distribute the money in the fund to any private, nonprofit | 30284 |
| organization that is eligible to receive funds under this section | 30285 |
| and that applies for funding under division (C) of this section. | 30286 |
| (2) The director shall distribute the funds based on the | 30287 |
| county in which the organization applying for funding is located | 30288 |
| and in proportion to the number of "choose life" license plates | 30289 |
| issued during the preceding year to vehicles registered in each | 30290 |
| county. Within each county, eligible organizations that apply for | 30291 |
| funding shall share equally in the funds available for | 30292 |
| distribution to organizations located within that county. | 30293 |
| (C) Any organization seeking funds under this section | 30294 |
| annually shall apply for distribution of the funds. The director | 30295 |
| shall develop an application form and may determine the schedule | 30296 |
| and procedures that an organization shall follow when annually | 30297 |
| applying for funds. The application shall inform the applicant of | 30298 |
| the conditions for receiving and using funds under division (E) of | 30299 |
| this section. The application shall require evidence that the | 30300 |
| organization meets all of the following requirements: | 30301 |
| (1) Is a private, nonprofit organization; | 30302 |
| (2) Is committed to counseling pregnant women about the | 30303 |
| option of adoption; | 30304 |
| (3) Provides services within the state to pregnant women who | 30305 |
| are planning to place their children for adoption, including | 30306 |
| counseling and meeting the material needs of the women; | 30307 |
| (4) Does not charge women for any services received; | 30308 |
| (5) Is not involved or associated with any abortion | 30309 |
| activities, including counseling for or referrals to abortion | 30310 |
| clinics, providing medical abortion-related procedures, or | 30311 |
| pro-abortion advertising; | 30312 |
| (6) Does not discriminate in its provision of any services on | 30313 |
| the basis of race, religion, color, age, marital status, national | 30314 |
| origin, handicap, gender, or age. | 30315 |
| (D) The director shall not distribute funds to an | 30316 |
| organization that does not provide verifiable evidence of the | 30317 |
| requirements specified in the application under division (C) of | 30318 |
| this section and shall not provide additional funds to any | 30319 |
| organization that fails to comply with division (E) of this | 30320 |
| section in regard to its previous receipt of funds under this | 30321 |
| section. | 30322 |
| (E)(1) An organization receiving funds under this section | 30323 |
| shall do all of the following: | 30324 |
| (a) Use not more than sixty per cent of the funds distributed | 30325 |
| to it for the material needs of pregnant women who are planning to | 30326 |
| place their children for adoption or for infants awaiting | 30327 |
| placement with adoptive parents, including clothing, housing, | 30328 |
| medical care, food, utilities, and transportation; | 30329 |
| (b) Use not more than forty per cent of the funds distributed | 30330 |
| to it for counseling, training, or advertising; | 30331 |
| (c) Not use any of the funds distributed to it for | 30332 |
| administrative expenses, legal expenses, or capital expenditures; | 30333 |
| (d) Annually return to the fund created under division (A) of | 30334 |
| this section any unused money that exceeds ten per cent of the | 30335 |
| money distributed to the organization. | 30336 |
| (2) The organization annually shall submit to the director an | 30337 |
| audited financial statement verifying its compliance with division | 30338 |
| (E)(1) of this section. | 30339 |
| (F) The director, in accordance with Chapter 119. of the | 30340 |
| Revised Code, shall adopt rules to implement this section. | 30341 |
| It is not the intent of the general assembly that the | 30342 |
| department create a new position within the department to | 30343 |
| implement and administer this section. It is the intent of the | 30344 |
| general assembly that the implementation and administration of | 30345 |
| this section be accomplished by existing department personnel. | 30346 |
| Sec. 3702.141. (A) As
used in this section | 30347 |
| (1) " | 30348 |
| health care facility that is licensed or otherwise approved to | 30349 |
| practice in this state, in accordance with applicable law, is | 30350 |
| staffed and equipped to provide health care services, and actively | 30351 |
| provides health services or has not been actively providing health | 30352 |
| services for less than twelve consecutive months. | 30353 |
| (2) "Health care facility" and "health service" have the same | 30354 |
| 30355 |
| (B) Section 3702.14 of the Revised Code shall not be | 30356 |
| construed to require any existing health care facility that is | 30357 |
| conducting an activity specified in section 3702.11 of the Revised | 30358 |
| Code, which activity was initiated on or before March 20, 1997, to | 30359 |
| alter, upgrade, or otherwise improve the structure or fixtures of | 30360 |
| the facility in order to comply with any rule adopted under | 30361 |
| section 3702.11 of the Revised Code relating to that activity, | 30362 |
| unless one of the following applies: | 30363 |
| (1) The facility initiates a construction, renovation, or | 30364 |
| reconstruction project that involves a capital expenditure of at | 30365 |
| least fifty thousand dollars, not including expenditures for | 30366 |
| equipment or staffing or operational costs, and that directly | 30367 |
| involves the area in which the existing service is conducted. | 30368 |
| (2) The facility initiates another activity specified in | 30369 |
| section 3702.11 of the Revised Code. | 30370 |
| (3) The facility initiates a service level designation change | 30371 |
| for obstetric and newborn care. | 30372 |
| (4) The facility proposes to add a cardiac catheterization | 30373 |
| laboratory to an existing cardiac catheterization service. | 30374 |
| (5) The facility proposes to add an open-heart operating room | 30375 |
| to an existing open-heart surgery service. | 30376 |
| (6) The director of health determines, by clear and | 30377 |
| convincing evidence, that failure to comply with the rule would | 30378 |
| create an imminent risk to the health and welfare of any patient. | 30379 |
| (C) If division (B)(4) or (5) of this section applies, any | 30380 |
| alteration, upgrade, or other improvement required shall apply | 30381 |
| only to the proposed addition to the existing service if the cost | 30382 |
| of the addition is less than the capital expenditure threshold set | 30383 |
| forth in division (B)(1) of this section. | 30384 |
| (D) No person or government entity shall divide or otherwise | 30385 |
| segment a construction, renovation, or reconstruction project in | 30386 |
| order to evade application of the capital expenditure threshold | 30387 |
| set forth in division (B)(1) of this section. | 30388 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 30389 |
| Revised Code: | 30390 |
| (A) "Applicant" means any person that submits an application | 30391 |
| for a certificate of need and who is designated in the application | 30392 |
| as the applicant. | 30393 |
| (B) "Person" means any individual, corporation, business | 30394 |
| trust, estate, firm, partnership, association, joint stock | 30395 |
| company, insurance company, government unit, or other entity. | 30396 |
| (C) "Certificate of need" means a written approval granted by | 30397 |
| the director of health to an applicant to authorize conducting a | 30398 |
| reviewable activity. | 30399 |
| (D) "Health service area" means a geographic region | 30400 |
| designated by the director of health under section 3702.58 of the | 30401 |
| Revised Code. | 30402 |
| (E) "Health service" means a clinically related service, such | 30403 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 30404 |
| (F) "Health service agency" means an agency designated to | 30405 |
| serve a health service area in accordance with section 3702.58 of | 30406 |
| the Revised Code. | 30407 |
| (G) "Health care facility" means: | 30408 |
| (1) A hospital registered under section 3701.07 of the | 30409 |
| Revised Code; | 30410 |
| (2) A nursing home licensed under section 3721.02 of the | 30411 |
| Revised Code, or by a political subdivision certified under | 30412 |
| section 3721.09 of the Revised Code; | 30413 |
| (3) A county home or a county nursing home as defined in | 30414 |
| section 5155.31 of the Revised Code that is certified under Title | 30415 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 30416 |
| U.S.C.A. 301, as amended; | 30417 |
| (4) A freestanding dialysis center; | 30418 |
| (5) A freestanding inpatient rehabilitation facility; | 30419 |
| (6) An ambulatory surgical facility; | 30420 |
| (7) A freestanding cardiac catheterization facility; | 30421 |
| (8) A freestanding birthing center; | 30422 |
| (9) A freestanding or mobile diagnostic imaging center; | 30423 |
| (10) A freestanding radiation therapy center. | 30424 |
| A health care facility does not include the offices of | 30425 |
| private physicians and dentists whether for individual or group | 30426 |
| practice, residential facilities licensed under section 5123.19 of | 30427 |
|
the Revised Code, | 30428 |
| 30429 | |
| 30430 | |
| the sick that is operated exclusively for patients who use | 30431 |
| spiritual means for healing and for whom the acceptance of medical | 30432 |
| care is inconsistent with their religious beliefs, accredited by a | 30433 |
| national accrediting organization, exempt from federal income | 30434 |
| taxation under section 501 of the Internal Revenue Code of 1986, | 30435 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing | 30436 |
| twenty-four hour nursing care pursuant to the exemption in | 30437 |
| division (E) of section 4723.32 of the Revised Code from the | 30438 |
| licensing requirements of Chapter 4723. of the Revised Code. | 30439 |
| (H) "Medical equipment" means a single unit of medical | 30440 |
| equipment or a single system of components with related functions | 30441 |
| that is used to provide health services. | 30442 |
| (I) "Third-party payer" means a health insuring corporation | 30443 |
| licensed under Chapter 1751. of the Revised Code, a health | 30444 |
| maintenance organization as defined in division (K) of this | 30445 |
| section, an insurance company that issues sickness and accident | 30446 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 30447 |
| state-financed health insurance program under Chapter 3701., | 30448 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 30449 |
| (J) "Government unit" means the state and any county, | 30450 |
| municipal corporation, township, or other political subdivision of | 30451 |
| the state, or any department, division, board, or other agency of | 30452 |
| the state or a political subdivision. | 30453 |
| (K) "Health maintenance organization" means a public or | 30454 |
| private organization organized under the law of any state that is | 30455 |
| qualified under section 1310(d) of Title XIII of the "Public | 30456 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 30457 |
| (L)
"Existing health care facility" means | 30458 |
| following: | 30459 |
| (1) A health care facility that is licensed or otherwise | 30460 |
| 30461 | |
| accordance with applicable law, is staffed and equipped to provide | 30462 |
| health care services, and is actively | 30463 |
| services | 30464 |
| 30465 |
| (2) A health care facility that is licensed or has beds | 30466 |
| registered under section 3701.07 of the Revised Code as skilled | 30467 |
| nursing beds or long-term care beds and has provided services for | 30468 |
| at least three hundred sixty-five consecutive days within the | 30469 |
| twenty-four months immediately preceding the date a certificate of | 30470 |
| need application is filed with the director of health. | 30471 |
| (M) "State" means the state of Ohio, including, but not | 30472 |
| limited to, the general assembly, the supreme court, the offices | 30473 |
| of all elected state officers, and all departments, boards, | 30474 |
| offices, commissions, agencies, institutions, and other | 30475 |
| instrumentalities of the state of Ohio. "State" does not include | 30476 |
| political subdivisions. | 30477 |
| (N) "Political subdivision" means a municipal corporation, | 30478 |
| township, county, school district, and all other bodies corporate | 30479 |
| and politic responsible for governmental activities only in | 30480 |
| geographic areas smaller than that of the state to which the | 30481 |
| sovereign immunity of the state attaches. | 30482 |
| (O) "Affected person" means: | 30483 |
| (1) An applicant for a certificate of need, including an | 30484 |
| applicant whose application was reviewed comparatively with the | 30485 |
| application in question; | 30486 |
| (2) The person that requested the reviewability ruling in | 30487 |
| question; | 30488 |
| (3) Any person that resides or regularly uses health care | 30489 |
| facilities within the geographic area served or to be served by | 30490 |
| the health care services that would be provided under the | 30491 |
| certificate of need or reviewability ruling in question; | 30492 |
| (4) Any health care facility that is located in the health | 30493 |
| service area where the health care services would be provided | 30494 |
| under the certificate of need or reviewability ruling in question; | 30495 |
| (5) Third-party payers that reimburse health care facilities | 30496 |
| for services in the health service area where the health care | 30497 |
| services would be provided under the certificate of need or | 30498 |
| reviewability ruling in question; | 30499 |
| (6) Any other person who testified at a public hearing held | 30500 |
| under division (B) of section 3702.52 of the Revised Code or | 30501 |
| submitted written comments in the course of review of the | 30502 |
| certificate of need application in question. | 30503 |
| (P) "Osteopathic hospital" means a hospital registered under | 30504 |
| section 3701.07 of the Revised Code that advocates osteopathic | 30505 |
| principles and the practice and perpetuation of osteopathic | 30506 |
| medicine by doing any of the following: | 30507 |
| (1) Maintaining a department or service of osteopathic | 30508 |
| medicine or a committee on the utilization of osteopathic | 30509 |
| principles and methods, under the supervision of an osteopathic | 30510 |
| physician; | 30511 |
| (2) Maintaining an active medical staff, the majority of | 30512 |
| which is comprised of osteopathic physicians; | 30513 |
| (3) Maintaining a medical staff executive committee that has | 30514 |
| osteopathic physicians as a majority of its members. | 30515 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 30516 |
| section 3702.30 of the Revised Code. | 30517 |
| (R) Except as otherwise provided in division (T) of this | 30518 |
| section, and until the termination date specified in section | 30519 |
| 3702.511 of the Revised Code, "reviewable activity" means any of | 30520 |
| the following: | 30521 |
| (1) The addition by any person of any of the following health | 30522 |
| services, regardless of the amount of operating costs or capital | 30523 |
| expenditures: | 30524 |
| (a) A heart, heart-lung, lung, liver, kidney, bowel, | 30525 |
| pancreas, or bone marrow transplantation service, a stem cell | 30526 |
| harvesting and reinfusion service, or a service for | 30527 |
| transplantation of any other organ unless transplantation of the | 30528 |
| organ is designated by public health council rule not to be a | 30529 |
| reviewable activity; | 30530 |
| (b) A cardiac catheterization service; | 30531 |
| (c) An open-heart surgery service; | 30532 |
| (d) Any new, experimental medical technology that is | 30533 |
| designated by rule of the public health council. | 30534 |
| (2) The acceptance of high-risk patients, as defined in rules | 30535 |
| adopted under section 3702.57 of the Revised Code, by any cardiac | 30536 |
| catheterization service that was initiated without a certificate | 30537 |
| of need pursuant to division (R)(3)(b) of the version of this | 30538 |
| section in effect immediately prior to April 20, 1995; | 30539 |
| (3)(a) The establishment, development, or construction of a | 30540 |
| new health care facility other than a new long-term care facility | 30541 |
| or a new hospital; | 30542 |
| (b) The establishment, development, or construction of a new | 30543 |
| hospital or the relocation of an existing hospital; | 30544 |
| (c) The relocation of hospital beds, other than long-term | 30545 |
| care, perinatal, or pediatric intensive care beds, into or out of | 30546 |
| a rural area. | 30547 |
| (4)(a) The replacement of an existing hospital; | 30548 |
| (b) The replacement of an existing hospital obstetric or | 30549 |
| newborn care unit or freestanding birthing center. | 30550 |
| (5)(a) The renovation of a hospital that involves a capital | 30551 |
|
expenditure, obligated on or after
| 30552 |
| 30553 | |
| including expenditures for equipment, staffing, or operational | 30554 |
| costs. For purposes of division (R)(5)(a) of this section, a | 30555 |
| capital expenditure is obligated: | 30556 |
| (i) When a contract enforceable under Ohio law is entered | 30557 |
| into for the construction, acquisition, lease, or financing of a | 30558 |
| capital asset; | 30559 |
| (ii) When the governing body of a hospital takes formal | 30560 |
| action to commit its own funds for a construction project | 30561 |
| undertaken by the hospital as its own contractor; | 30562 |
| (iii) In the case of donated property, on the date the gift | 30563 |
| is completed under applicable Ohio law. | 30564 |
| (b) The renovation of a hospital obstetric or newborn care | 30565 |
| unit or freestanding birthing center that involves a capital | 30566 |
| expenditure of five million dollars or more, not including | 30567 |
| expenditures for equipment, staffing, or operational costs. | 30568 |
| (6) Any change in the health care services, bed capacity, or | 30569 |
| site, or any other failure to conduct the reviewable activity in | 30570 |
| substantial accordance with the approved application for which a | 30571 |
| certificate of need was granted, if the change is made prior to | 30572 |
| the date the activity for which the certificate was issued ceases | 30573 |
| to be a reviewable activity; | 30574 |
| (7) Any of the following changes in perinatal bed capacity or | 30575 |
| pediatric intensive care bed capacity: | 30576 |
| (a) An increase in bed capacity; | 30577 |
| (b) A change in service or service-level designation of | 30578 |
| newborn care beds or obstetric beds in a hospital or freestanding | 30579 |
| birthing center, other than a change of service that is provided | 30580 |
| within the service-level designation of newborn care or obstetric | 30581 |
| beds as registered by the department of health; | 30582 |
| (c) A relocation of perinatal or pediatric intensive care | 30583 |
| beds from one physical facility or site to another, excluding the | 30584 |
| relocation of beds within a hospital or freestanding birthing | 30585 |
| center or the relocation of beds among buildings of a hospital or | 30586 |
| freestanding birthing center at the same site. | 30587 |
| (8) The expenditure of more than one hundred ten per cent of | 30588 |
| the maximum expenditure specified in a certificate of need; | 30589 |
| (9) Any transfer of a certificate of need issued prior to | 30590 |
| April 20, 1995, from the person to whom it was issued to another | 30591 |
| person before the project that constitutes a reviewable activity | 30592 |
| is completed, any agreement that contemplates the transfer of a | 30593 |
| certificate of need issued prior to that date upon completion of | 30594 |
| the project, and any transfer of the controlling interest in an | 30595 |
| entity that holds a certificate of need issued prior to that date. | 30596 |
| However, the transfer of a certificate of need issued prior to | 30597 |
| that date or agreement to transfer such a certificate of need from | 30598 |
| the person to whom the certificate of need was issued to an | 30599 |
| affiliated or related person does not constitute a reviewable | 30600 |
| transfer of a certificate of need for the purposes of this | 30601 |
| division, unless the transfer results in a change in the person | 30602 |
| that holds the ultimate controlling interest in the certificate of | 30603 |
| need. | 30604 |
| (10)(a) The acquisition by any person of any of the following | 30605 |
| medical equipment, regardless of the amount of operating costs or | 30606 |
| capital expenditure: | 30607 |
| (i) A cobalt radiation therapy unit; | 30608 |
| (ii) A linear accelerator; | 30609 |
| (iii) A gamma knife unit. | 30610 |
| (b) The acquisition by any person of medical equipment with a | 30611 |
| cost of two million dollars or more. The cost of acquiring medical | 30612 |
| equipment includes the sum of the following: | 30613 |
| (i) The greater of its fair market value or the cost of its | 30614 |
| lease or purchase; | 30615 |
| (ii) The cost of installation and any other activities | 30616 |
| essential to the acquisition of the equipment and its placement | 30617 |
| into service. | 30618 |
| (11) The addition of another cardiac catheterization | 30619 |
| laboratory to an existing cardiac catheterization service. | 30620 |
| (S) Except as provided in division (T) of this section, | 30621 |
| "reviewable activity" also means any of the following activities, | 30622 |
| none of which are subject to a termination date: | 30623 |
| (1) The establishment, development, or construction of a new | 30624 |
| long-term care facility; | 30625 |
| (2) The replacement of an existing long-term care facility; | 30626 |
| (3) The renovation of a long-term care facility that involves | 30627 |
| a capital expenditure of two million dollars or more, not | 30628 |
| including expenditures for equipment, staffing, or operational | 30629 |
| costs; | 30630 |
| (4) Any of the following changes in long-term care bed | 30631 |
| capacity: | 30632 |
| (a) An increase in bed capacity; | 30633 |
| (b) A relocation of beds from one physical facility or site | 30634 |
| to another, excluding the relocation of beds within a long-term | 30635 |
| care facility or among buildings of a long-term care facility at | 30636 |
| the same site; | 30637 |
| (c) A recategorization of hospital beds registered under | 30638 |
| section 3701.07 of the Revised Code from another registration | 30639 |
| category to skilled nursing beds or long-term care beds. | 30640 |
| (5) Any change in the health services, bed capacity, or site, | 30641 |
| or any other failure to conduct the reviewable activity in | 30642 |
| substantial accordance with the approved application for which a | 30643 |
| certificate of need concerning long-term care beds was granted, if | 30644 |
| the change is made within five years after the implementation of | 30645 |
| the reviewable activity for which the certificate was granted; | 30646 |
| (6) The expenditure of more than one hundred ten per cent of | 30647 |
| the maximum expenditure specified in a certificate of need | 30648 |
| concerning long-term care beds; | 30649 |
| (7) Any transfer of a certificate of need that concerns | 30650 |
| long-term care beds and was issued prior to April 20, 1995, from | 30651 |
| the person to whom it was issued to another person before the | 30652 |
| project that constitutes a reviewable activity is completed, any | 30653 |
| agreement that contemplates the transfer of such a certificate of | 30654 |
| need upon completion of the project, and any transfer of the | 30655 |
| controlling interest in an entity that holds such a certificate of | 30656 |
| need. However, the transfer of a certificate of need that concerns | 30657 |
| long-term care beds and was issued prior to April 20, 1995, or | 30658 |
| agreement to transfer such a certificate of need from the person | 30659 |
| to whom the certificate was issued to an affiliated or related | 30660 |
| person does not constitute a reviewable transfer of a certificate | 30661 |
| of need for purposes of this division, unless the transfer results | 30662 |
| in a change in the person that holds the ultimate controlling | 30663 |
| interest in the certificate of need. | 30664 |
| (T) "Reviewable activity" does not include any of the | 30665 |
| following activities: | 30666 |
| (1) Acquisition of computer hardware or software; | 30667 |
| (2) Acquisition of a telephone system; | 30668 |
| (3) Construction or acquisition of parking facilities; | 30669 |
| (4) Correction of cited deficiencies that are in violation of | 30670 |
| federal, state, or local fire, building, or safety laws and rules | 30671 |
| and that constitute an imminent threat to public health or safety; | 30672 |
| (5) Acquisition of an existing health care facility that does | 30673 |
| not involve a change in the number of the beds, by service, or in | 30674 |
| the number or type of health services; | 30675 |
| (6) Correction of cited deficiencies identified by | 30676 |
| accreditation surveys of the joint commission on accreditation of | 30677 |
| healthcare organizations or of the American osteopathic | 30678 |
| association; | 30679 |
| (7) Acquisition of medical equipment to replace the same or | 30680 |
| similar equipment for which a certificate of need has been issued | 30681 |
| if the replaced equipment is removed from service; | 30682 |
| (8) Mergers, consolidations, or other corporate | 30683 |
| reorganizations of health care facilities that do not involve a | 30684 |
| change in the number of beds, by service, or in the number or type | 30685 |
| of health services; | 30686 |
| (9) Construction, repair, or renovation of bathroom | 30687 |
| facilities; | 30688 |
| (10) Construction of laundry facilities, waste disposal | 30689 |
| facilities, dietary department projects, heating and air | 30690 |
| conditioning projects, administrative offices, and portions of | 30691 |
| medical office buildings used exclusively for physician services; | 30692 |
| (11) Acquisition of medical equipment to conduct research | 30693 |
| required by the United States food and drug administration or | 30694 |
| clinical trials sponsored by the national institute of health. Use | 30695 |
| of medical equipment that was acquired without a certificate of | 30696 |
| need under division (T)(11) of this section and for which | 30697 |
| premarket approval has been granted by the United States food and | 30698 |
| drug administration to provide services for which patients or | 30699 |
| reimbursement entities will be charged shall be a reviewable | 30700 |
| activity. | 30701 |
| (12) Removal of asbestos from a health care facility. | 30702 |
| Only that portion of a project that meets the requirements of | 30703 |
| division (T) of this section is not a reviewable activity. | 30704 |
| (U) "Small rural hospital" means a hospital that is located | 30705 |
| within a rural area, has fewer than one hundred beds, and to which | 30706 |
| fewer than four thousand persons were admitted during the most | 30707 |
| recent calendar year. | 30708 |
| (V) "Children's hospital" means any of the following: | 30709 |
| (1) A hospital registered under section 3701.07 of the | 30710 |
| Revised Code that provides general pediatric medical and surgical | 30711 |
| care, and in which at least seventy-five per cent of annual | 30712 |
| inpatient discharges for the preceding two calendar years were | 30713 |
| individuals less than eighteen years of age; | 30714 |
| (2) A distinct portion of a hospital registered under section | 30715 |
| 3701.07 of the Revised Code that provides general pediatric | 30716 |
| medical and surgical care, has a total of at least one hundred | 30717 |
| fifty registered pediatric special care and pediatric acute care | 30718 |
| beds, and in which at least seventy-five per cent of annual | 30719 |
| inpatient discharges for the preceding two calendar years were | 30720 |
| individuals less than eighteen years of age; | 30721 |
| (3) A distinct portion of a hospital, if the hospital is | 30722 |
| registered under section 3701.07 of the Revised Code as a | 30723 |
| children's hospital and the children's hospital meets all the | 30724 |
| requirements of division (V)(1) of this section. | 30725 |
| (W) "Long-term care facility" means any of the following: | 30726 |
| (1) A nursing home licensed under section 3721.02 of the | 30727 |
| Revised Code or by a political subdivision certified under section | 30728 |
| 3721.09 of the Revised Code; | 30729 |
| (2) The portion of any facility, including a county home or | 30730 |
| county nursing home, that is certified as a skilled nursing | 30731 |
| facility or a nursing facility under Title XVIII or XIX of the | 30732 |
| "Social Security Act"; | 30733 |
| (3) The portion of any hospital that contains beds registered | 30734 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 30735 |
| or long-term care beds. | 30736 |
| (X) "Long-term care bed" means a bed in a long-term care | 30737 |
| facility. | 30738 |
| (Y) "Perinatal bed" means a bed in a hospital that is | 30739 |
| registered under section 3701.07 of the Revised Code as a newborn | 30740 |
| care bed or obstetric bed, or a bed in a freestanding birthing | 30741 |
| center. | 30742 |
| (Z) "Freestanding birthing center" means any facility in | 30743 |
| which deliveries routinely occur, regardless of whether the | 30744 |
| facility is located on the campus of another health care facility, | 30745 |
| and which is not licensed under Chapter 3711. of the Revised Code | 30746 |
| as a level one, two, or three maternity unit or a limited | 30747 |
| maternity unit. | 30748 |
| (AA)(1) "Reviewability ruling" means a ruling issued by the | 30749 |
| director of health under division (A) of section 3702.52 of the | 30750 |
| Revised Code as to whether a particular proposed project is or is | 30751 |
| not a reviewable activity. | 30752 |
| (2) "Nonreviewability ruling" means a ruling issued under | 30753 |
| that division that a particular proposed project is not a | 30754 |
| reviewable activity. | 30755 |
| (BB)(1) "Metropolitan statistical area" means an area of this | 30756 |
| state designated a metropolitan statistical area or primary | 30757 |
| metropolitan statistical area in United States office of | 30758 |
| management and budget bulletin No. 93-17, June 30, 1993, and its | 30759 |
| attachments. | 30760 |
| (2) "Rural area" means any area of this state not located | 30761 |
| within a metropolitan statistical area. | 30762 |
| Sec. 3702.68. (A) Notwithstanding sections 3702.51 to | 30763 |
| 3702.62 of the Revised Code, this section applies to the review of | 30764 |
| certificate of need applications during the period beginning July | 30765 |
|
1, 1993, and ending
June 30,
| 30766 |
| As used in this section, "existing health care facility" has | 30767 |
| the same meaning as in section 3702.51 of the Revised Code. | 30768 |
| (B)(1) Except as provided in division (B)(2) of this section, | 30769 |
| the director of health shall neither grant nor deny any | 30770 |
| application for a certificate of need submitted prior to July 1, | 30771 |
| 1993, if the application was for any of the following and the | 30772 |
| director had not issued a written decision concerning the | 30773 |
| application prior to that date: | 30774 |
| (a) Approval of beds in a new health care facility or an | 30775 |
| increase of beds in an existing health care facility, if the beds | 30776 |
| are proposed to be licensed as nursing home beds under Chapter | 30777 |
| 3721. of the Revised Code; | 30778 |
| (b) Approval of beds in a new county home or new county | 30779 |
| nursing home as defined in section 5155.31 of the Revised Code, or | 30780 |
| an increase of beds in an existing county home or existing county | 30781 |
| nursing home, if the beds are proposed to be certified as skilled | 30782 |
| nursing facility beds under Title XVIII or nursing facility beds | 30783 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 30784 |
| 42 U.S.C.A. 301, as amended; | 30785 |
| (c) Recategorization of hospital beds as described in section | 30786 |
| 3702.522 of the Revised Code, an increase of hospital beds | 30787 |
| registered pursuant to section 3701.07 of the Revised Code as | 30788 |
| long-term care beds or skilled nursing facility beds, or a | 30789 |
| recategorization of hospital beds that would result in an increase | 30790 |
| of beds registered pursuant to that section as long-term care beds | 30791 |
| or skilled nursing facility beds. | 30792 |
| On July 1, 1993, the director shall return each such | 30793 |
| application to the applicant and, notwithstanding section 3702.52 | 30794 |
| of the Revised Code regarding the uses of the certificate of need | 30795 |
| fund, shall refund to the applicant the application fee paid under | 30796 |
| that section. Applications returned under division (B)(1) of this | 30797 |
| section may be resubmitted in accordance with section 3702.52 of | 30798 |
|
the Revised
Code no sooner than
July 1,
| 30799 |
| (2) The director shall continue to review and shall issue a | 30800 |
| decision regarding any application submitted prior to July 1, | 30801 |
| 1993, to increase beds for either of the purposes described in | 30802 |
| division (B)(1)(a) or (b) of this section if the proposed increase | 30803 |
| in beds is attributable solely to a replacement or relocation of | 30804 |
| existing beds within the same county. The director shall authorize | 30805 |
| under such an application no additional beds beyond those being | 30806 |
| replaced or relocated. | 30807 |
| (C)(1) Except as provided in division (C)(2) of this section, | 30808 |
| the director, during the period beginning July 1, 1993, and ending | 30809 |
|
June 30,
| 30810 |
| 3702.52 of the Revised Code any application for a certificate of | 30811 |
| need for any of the purposes described in divisions (B)(1)(a) to | 30812 |
| (c) of this section. | 30813 |
| (2)(a) The director shall accept for review any application | 30814 |
| for either of the purposes described in division (B)(1)(a) or (b) | 30815 |
| of this section if the proposed increase in beds is attributable | 30816 |
| solely to a replacement or relocation of existing beds from an | 30817 |
| existing health care facility within the same county. The director | 30818 |
| shall authorize under such an application no additional beds | 30819 |
| beyond those being replaced or
relocated.
| 30820 |
| The director shall not approve an application for a | 30821 |
| certificate of need for addition of long-term care beds to an | 30822 |
| existing health care facility by relocation of beds or for the | 30823 |
| development of a new health care facility by relocation of beds | 30824 |
| unless all of the following conditions are met: | 30825 |
| (i) The existing health care facility to which the beds are | 30826 |
| being relocated has no life safety code waivers, no state fire | 30827 |
| code violations, and no state building code violations; | 30828 |
| (ii) During the sixty month period preceding the filing of | 30829 |
| the application, no notice of proposed revocation of the | 30830 |
| facility's license was issued under section 3721.03 of the Revised | 30831 |
| Code to the operator of the existing facility to which the beds | 30832 |
| are being relocated or to any health care facility owned or | 30833 |
| operated by the applicant or any principal participant in the same | 30834 |
| corporation or other business; | 30835 |
| (iii) Neither the existing health care facility to which the | 30836 |
| beds are being relocated nor any health care facility owned or | 30837 |
| operated by the applicant or any principal participant in the same | 30838 |
| corporation or other business has had a long-standing pattern of | 30839 |
| violations of this chapter or deficiencies that caused one or more | 30840 |
| residents physical, emotional, mental, or psychosocial harm. | 30841 |
| (b) The director also shall accept for review any application | 30842 |
| for either of the purposes described in division (B)(1)(a) or (b) | 30843 |
| of this section if the proposed increase in beds is attributable | 30844 |
| solely to the conversion of residential care facility beds | 30845 |
| licensed under Chapter 3721. of the Revised Code to nursing home | 30846 |
| beds that are licensed under that chapter, are located in the same | 30847 |
| existing health care facility, and were previously converted from | 30848 |
| nursing home beds to residential care facility beds for the | 30849 |
| purpose of the facility's participation in the assisted living | 30850 |
| program as defined in section 5111.89 of the Revised Code. The | 30851 |
| director shall authorize under such an application no additional | 30852 |
| beds beyond those being converted from residential care facility | 30853 |
| beds to nursing home beds. | 30854 |
| (c) The director also shall accept for review any application | 30855 |
| 30856 | |
| conversion of infirmary
beds | 30857 |
| if the infirmary
| 30858 |
| (i) Is
operated exclusively by a
religious order | 30859 |
| (ii) Provides care exclusively to members of religious orders | 30860 |
| who take vows of celibacy and live by virtue of their vows within | 30861 |
| the orders as if related | 30862 |
| (iii) Was providing care exclusively to members of such a | 30863 |
| religious order on January 1, 1994. | 30864 |
| (D) The director shall issue a decision regarding any case | 30865 |
| remanded by a court as the result of a decision issued by the | 30866 |
| director prior to July 1, 1993, to grant, deny, or withdraw a | 30867 |
| certificate of need for any of the purposes described in divisions | 30868 |
| (B)(1)(a) to (c) of this section. | 30869 |
| (E) The director shall not project the need for beds listed | 30870 |
| in division (B)(1) of this section for the period beginning July | 30871 |
|
1, 1993, and ending
June 30,
| 30872 |
| This section is an interim section effective until July 1, | 30873 |
| 30874 |
| Sec. 3702.74. (A) A primary care physician who has signed a | 30875 |
| letter of intent under section 3702.73 of the Revised Code, the | 30876 |
| director of health, and the Ohio board of regents may enter into a | 30877 |
| contract for the physician's participation in the physician loan | 30878 |
| repayment program. A lending institution may also be a party to | 30879 |
| the contract. | 30880 |
| (B) The contract shall include all of the following | 30881 |
| obligations: | 30882 |
| (1) The primary care physician agrees to provide primary care | 30883 |
| services in the health resource shortage area identified in the | 30884 |
| letter of intent for at least two years or one year per twenty | 30885 |
| thousand dollars of repayment agreed to under division (B)(3) of | 30886 |
| this section, whichever is greater; | 30887 |
| (2) When providing primary care services in the health | 30888 |
| resource shortage area, the primary care physician agrees to do | 30889 |
| all of the following: | 30890 |
| (a) Provide primary care services for a minimum of forty | 30891 |
| hours per week; | 30892 |
| (b) Provide primary care services without regard to a | 30893 |
| patient's ability to pay; | 30894 |
| (c) Meet the conditions prescribed by the "Social Security | 30895 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the | 30896 |
| department of job and family services for participation in the | 30897 |
| medical assistance program established under Chapter 5111. of the | 30898 |
| Revised Code and enter into a contract with the department to | 30899 |
| provide primary care services to recipients of the medical | 30900 |
|
assistance
program | 30901 |
| | 30902 |
| 30903 | |
| 30904 | |
| 30905 | |
| 30906 | |
| 30907 |
| (3) The Ohio board of regents agrees, as provided in section | 30908 |
| 3702.75 of the Revised Code, to repay, so long as the primary care | 30909 |
| physician performs the service obligation agreed to under division | 30910 |
| (B)(1) of this section, all or part of the principal and interest | 30911 |
| of a government or other educational loan taken by the primary | 30912 |
| care physician for expenses described in section 3702.75 of the | 30913 |
| Revised Code; | 30914 |
| (4) The primary care physician agrees to pay the board the | 30915 |
| following as damages if the physician fails to complete the | 30916 |
| service obligation agreed to under division (B)(1) of this | 30917 |
| section: | 30918 |
| (a) If the failure occurs during the first two years of the | 30919 |
| service obligation, three times the total amount the board has | 30920 |
| agreed to repay under division (B)(3) of this section; | 30921 |
| (b) If the failure occurs after the first two years of the | 30922 |
| service obligation, three times the amount the board is still | 30923 |
| obligated to repay under division (B)(3) of this section. | 30924 |
| (C) The contract may include any other terms agreed upon by | 30925 |
| the parties, including an assignment to the Ohio board of regents | 30926 |
| of the physician's duty to pay the principal and interest of a | 30927 |
| government or other educational loan taken by the physician for | 30928 |
| expenses described in section 3702.75 of the Revised Code. If the | 30929 |
| board assumes the physician's duty to pay a loan, the contract | 30930 |
| shall set forth the total amount of principal and interest to be | 30931 |
| paid, an amortization schedule, and the amount of each payment to | 30932 |
| be made under the schedule. | 30933 |
| Sec. 3702.83. The department of health shall administer a | 30934 |
| program, to be known as the J-1 visa waiver program, for | 30935 |
| recruiting physicians who received graduate medical education or | 30936 |
| training in the United States but are not citizens of the United | 30937 |
| States to serve in areas of the state designated by the United | 30938 |
| States secretary of health and human services as health | 30939 |
| professional shortage areas under the "Public Health Service Act," | 30940 |
| 88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the | 30941 |
| program, the department of health shall accept and review | 30942 |
| applications for placement of persons seeking to remain in the | 30943 |
| United States pursuant to the "Immigration and Nationality Act," | 30944 |
| 66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended, | 30945 |
| by obtaining a waiver of the federal requirement that they return | 30946 |
| to their home countries for a minimum of two years after | 30947 |
| completing the graduate medical education or training for which | 30948 |
| they were admitted to the United States. The department shall | 30949 |
| administer the program in accordance with the "Immigration and | 30950 |
| Nationality Act" and the regulations adopted under it. | 30951 |
| For each application accepted for review under this section, | 30952 |
| the department shall charge a fee of three thousand five hundred | 30953 |
| seventy-one dollars. The fee is nonrefundable. All fees collected | 30954 |
| shall be deposited into the state treasury to the credit of | 30955 |
| general operations fund created in section 3701.83 of the Revised | 30956 |
| Code. | 30957 |
| Sec. 3703.01. (A) The division of industrial compliance in | 30958 |
| the department of commerce shall: | 30959 |
| (1) Inspect all nonresidential buildings within the meaning | 30960 |
| of section 3781.06 of the Revised Code; | 30961 |
| (2) Condemn all unsanitary or defective plumbing that is | 30962 |
| found in connection with those places; | 30963 |
| (3) Order changes in plumbing necessary to insure the safety | 30964 |
| of the public health. | 30965 |
| (B)(1) The division of industrial compliance and boards of | 30966 |
| health of city and general health districts shall not inspect | 30967 |
| plumbing or collect fees for inspecting plumbing in particular | 30968 |
| types of buildings in any municipal corporation that has been | 30969 |
| certified by the board of building standards under section 3781.10 | 30970 |
| of the Revised Code to exercise enforcement authority for plumbing | 30971 |
| in such types of buildings. | 30972 |
| (2) The division shall not inspect plumbing or collect fees | 30973 |
| for inspecting plumbing in particular types of buildings in any | 30974 |
| health district that has employed one or more approved plumbing | 30975 |
| inspectors to enforce Chapters 3781. and 3791. of the Revised Code | 30976 |
| and the rules adopted pursuant to those chapters relating to | 30977 |
| plumbing in such types of buildings. | 30978 |
| (3) A municipal corporation does not have jurisdiction to | 30979 |
| inspect plumbing or collect fees for the inspection of plumbing in | 30980 |
| types of buildings for which it has not been certified by the | 30981 |
| board of building standards under section 3781.10 of the Revised | 30982 |
| Code to exercise enforcement authority. | 30983 |
| (4) A board of health of a health district does not have | 30984 |
| jurisdiction to inspect plumbing or collect fees for the | 30985 |
| inspection of plumbing in types of buildings for which it does not | 30986 |
| have an approved plumbing inspector. | 30987 |
| (C) The superintendent of industrial compliance shall adopt | 30988 |
| rules prescribing minimum qualifications based on education, | 30989 |
| training,
experience, or demonstrated ability, which the | 30990 |
| superintendent
shall use
in | 30991 |
| plumbing inspectors to do plumbing inspections for health | 30992 |
| districts and for continuing education of plumbing inspectors. | 30993 |
| Such minimum qualifications shall be related to the types of | 30994 |
| buildings for which a person seeks approval. | 30995 |
| (D) The superintendent may enter into reciprocal | 30996 |
| registration, licensure, or certification agreements with other | 30997 |
| states and other agencies of this state relative to plumbing | 30998 |
| inspectors if both of the following apply: | 30999 |
| (1) The requirements for registration, licensure, or | 31000 |
| certification of plumbing inspectors under the laws of the other | 31001 |
| state or laws administered by the other agency are substantially | 31002 |
| equal to the requirements the superintendent adopts under division | 31003 |
| (C) of this section for certifying plumbing inspectors. | 31004 |
| (2) The other state or agency extends similar reciprocity to | 31005 |
| persons certified under this chapter. | 31006 |
| (E) The superintendent may select and contract with one or | 31007 |
| more persons to do all of the following regarding examinations for | 31008 |
| certification of plumbing inspectors: | 31009 |
| (1) Prepare, administer, score, and maintain the | 31010 |
| confidentiality of the examination; | 31011 |
| (2) Maintain responsibility for all expenses required to | 31012 |
| comply with division (E)(1) of this section; | 31013 |
| (3) Charge each applicant a fee for administering the | 31014 |
| examination in an amount the superintendent authorizes; | 31015 |
| (4) Design the examination for certification of plumbing | 31016 |
| inspectors to determine an applicant's competence to inspect | 31017 |
| plumbing. | 31018 |
| (F) Standards and methods prescribed in local plumbing | 31019 |
| regulations shall not be less than those prescribed in Chapters | 31020 |
| 3781. and 3791. of the Revised Code and the rules adopted pursuant | 31021 |
| to those chapters. | 31022 |
| | 31023 |
| the division shall make a plumbing inspection of any building or | 31024 |
| other place that there is reason to believe is in a condition to | 31025 |
| be a menace to the public health. | 31026 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 31027 |
| 3703.09 of the Revised Code, the division of industrial compliance | 31028 |
| 31029 | |
| plumbing adopted by the board of building standards under | 31030 |
| authority of sections 3781.10 and 3781.11 of the Revised Code, and | 31031 |
| register those persons engaged in or at the plumbing business. | 31032 |
| Plans and specifications for all plumbing to be installed in | 31033 |
| or for buildings coming within such sections shall be submitted to | 31034 |
| and approved by the division before the contract for plumbing is | 31035 |
| let. | 31036 |
| Sec. 3703.04. The
| 31037 |
| industrial compliance shall appoint such number of plumbing | 31038 |
| inspectors as is required. The inspectors shall be practical | 31039 |
| plumbers with at least seven years' experience, and skilled and | 31040 |
| well-trained in matters pertaining to sanitary regulations | 31041 |
| concerning plumbing work. | 31042 |
| | 31043 |
| 31044 | |
| 31045 | |
| 31046 | |
| 31047 |
| Sec. 3703.05. Plumbing inspectors employed by the | 31048 |
| division of
| 31049 |
| enforcement of sections 3703.01 to 3703.09 of the
Revised Code | 31050 |
| may, between sunrise and sunset, enter any building where there is | 31051 |
| good and sufficient reason to believe that the sanitary condition | 31052 |
| of the premises endangers the public health, for the purpose of | 31053 |
| making an inspection to ascertain the condition of the premises. | 31054 |
| Sec. 3703.06. When any building is found to be in a sanitary | 31055 |
| condition or when changes which are ordered, under authority of | 31056 |
| this chapter, in the plumbing, drainage, or ventilation have been | 31057 |
| made, and after a thorough inspection and approval by
the | 31058 |
| superintendent of industrial compliance | 31059 |
| 31060 | |
| 31061 | |
| 31062 | |
| the benefit of the public at large. Upon notification by the | 31063 |
| superintendent, the certificate shall be revoked for any violation | 31064 |
| of those sections. | 31065 |
| Sec. 3703.07. No plumbing work shall be done in any building | 31066 |
| or place coming within the jurisdiction of the
| 31067 |
| of | 31068 |
| leaks in existing plumbing, until a permit has been issued by the | 31069 |
| 31070 |
| Before granting such permit, an application shall be made by | 31071 |
| the owner of the property or by the person, firm, or corporation | 31072 |
| which is to do the work. The application shall be made on a form | 31073 |
| prepared by the | 31074 |
| application shall be accompanied by a fee of twenty-seven dollars, | 31075 |
| and an additional fee of seven dollars for each trap, vented | 31076 |
| fixture, appliance, or device. Each application also shall be | 31077 |
| accompanied by a plan approval fee of eighteen dollars for work | 31078 |
| containing one through twenty fixtures; thirty-six dollars for | 31079 |
| work containing twenty-one through forty fixtures; and fifty-four | 31080 |
| dollars for work containing forty-one or more fixtures. | 31081 |
| Whenever a reinspection is made necessary by the failure of | 31082 |
| the applicant or plumbing contractor to have the work ready for | 31083 |
| inspection when so reported, or by reason of faulty or improper | 31084 |
| installation, the person shall pay a fee of forty-five dollars for | 31085 |
| each reinspection. | 31086 |
| All fees collected pursuant to this section shall be paid | 31087 |
| into the state treasury to the credit of the industrial compliance | 31088 |
| operating fund created in section 121.084 of the Revised Code. | 31089 |
| The | 31090 |
| compliance, by rule adopted in accordance with Chapter 119. of the | 31091 |
| Revised Code, may increase the fees required by this section and | 31092 |
| may establish fees to pay the costs of the division to fulfill its | 31093 |
| duties established by this chapter, including, but not limited to, | 31094 |
| fees for administering a program for continuing education for, and | 31095 |
| certifying and recertifying plumbing inspectors. The fees shall | 31096 |
| bear some reasonable relationship to the cost of administering and | 31097 |
| enforcing the provisions of this chapter. | 31098 |
| Sec. 3703.08. Any owner, agent, or manager, of a building in | 31099 |
| which an
inspection is made by the | 31100 |
| industrial compliance, a board of health of a health district, or | 31101 |
| a certified department of building inspection of a municipal | 31102 |
| corporation | 31103 |
| ventilation repaired, as the
| 31104 |
| board of health, or department of building inspection directs by | 31105 |
| its order. After due notice to repair such work is given, the | 31106 |
| owner, agent, or manager shall notify the public authority that | 31107 |
| issued the order when the work is ready for its inspection. No | 31108 |
| person shall fail to have the work ready for inspection at the | 31109 |
| time specified in the notice. | 31110 |
| Sec. 3703.10. All prosecutions and proceedings by the | 31111 |
| 31112 | |
| violation of sections 3703.01 to 3703.09 of the Revised Code, or | 31113 |
| for the
violation of any of the orders or rules of the | 31114 |
| division under those sections, shall be instituted
by the | 31115 |
| superintendent of | 31116 |
| judgments collected by the
| 31117 |
| the state treasury to the credit of the industrial compliance | 31118 |
| operating fund created by section 121.084 of the Revised Code. | 31119 |
| The | 31120 |
| or city health district, or any person charged with enforcing the | 31121 |
| rules of the | 31122 |
| 3703.09 of the Revised Code may petition the court of common pleas | 31123 |
| for injunctive or other appropriate relief requiring any person | 31124 |
| violating a rule adopted or order issued by the | 31125 |
| superintendent under those sections to comply with the rule or | 31126 |
| order. The court of common pleas of the county in which the | 31127 |
| offense is alleged to be occurring may grant injunctive or other | 31128 |
| appropriate relief. | 31129 |
| The superintendent may do all of the following: | 31130 |
| (A) Deny an applicant certification as a plumbing inspector; | 31131 |
| (B) Suspend or revoke the certification of a plumbing | 31132 |
| inspector; | 31133 |
| (C) Examine any certified plumbing inspector under oath; | 31134 |
| (D) Examine the records and books of any certified plumbing | 31135 |
| inspector if the superintendent finds the material to be examined | 31136 |
| relevant to a determination described in division (A), (B), or (C) | 31137 |
| of this section. | 31138 |
| Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09 | 31139 |
| of the Revised
Code, or any rule the
| 31140 |
| 31141 | |
| sections, shall be fined not less than ten nor more than one | 31142 |
| hundred dollars or imprisoned for not less than ten nor more than | 31143 |
| ninety days, or both. No person shall be imprisoned under this | 31144 |
| section for the first offense, and the prosecution always shall be | 31145 |
| as for a first offense unless the affidavit upon which the | 31146 |
| prosecution is instituted contains the allegation that the offense | 31147 |
| is a second or repeated offense. | 31148 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 31149 |
| accordance with section 111.15 of the Revised Code, adopt rules | 31150 |
| prescribing fees for the following services provided by the state | 31151 |
| office of vital statistics: | 31152 |
| (a) Except as provided in division (A)(4) of this section: | 31153 |
| (i) A certified copy of a vital record or a certification of | 31154 |
| birth; | 31155 |
| (ii) A search by the office of vital statistics of its files | 31156 |
| and records pursuant to a request for information, regardless of | 31157 |
| whether a copy of a record is provided; | 31158 |
| (iii) A copy of a record provided pursuant to a request; | 31159 |
| (b) Replacement of a birth certificate following an adoption, | 31160 |
| legitimation, paternity determination or acknowledgement, or court | 31161 |
| order; | 31162 |
| (c) Filing of a delayed registration of a vital record; | 31163 |
| (d) Amendment of a vital record that is requested later than | 31164 |
| one year after the filing date of the vital record; | 31165 |
| (e) Any other documents or services for which the public | 31166 |
| health council considers the charging of a fee appropriate. | 31167 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 31168 |
| shall not be less than seven dollars. | 31169 |
| (3) Fees prescribed under division (A)(1) of this section | 31170 |
| shall be collected in addition to any | 31171 |
| sections 3109.14 and 3705.242 of the Revised Code. | 31172 |
| (4) Fees prescribed under division (A) of this section shall | 31173 |
| not apply to certifications issued under division (H) of this | 31174 |
| section or copies provided under section 3705.241 of the Revised | 31175 |
| Code. | 31176 |
| (B) In addition to the fees prescribed under division (A) of | 31177 |
| this section or section 3709.09 of the Revised Code, the office of | 31178 |
| vital statistics or the board of health of a city or general | 31179 |
| health district shall charge a five-dollar fee for each certified | 31180 |
| copy of a vital record and each certification of birth. This fee | 31181 |
| shall be deposited in the general operations fund created under | 31182 |
| section 3701.83 of the Revised Code and be used solely toward the | 31183 |
| modernization and automation of the system of vital records in | 31184 |
| this state. A board of health shall forward all fees collected | 31185 |
| under this division to the department of health not later than | 31186 |
| thirty days after the end of each calendar quarter. | 31187 |
| (C) Except as otherwise provided in division (H) of this | 31188 |
| section, and except as provided in section 3705.241 of the Revised | 31189 |
| Code, fees collected by the director of health under sections | 31190 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 31191 |
| state treasury to the credit of the general operations fund | 31192 |
| created by section 3701.83 of the Revised Code. Except as provided | 31193 |
| in division (B) of this section, money generated by the fees shall | 31194 |
| be used only for administration and enforcement of this chapter | 31195 |
| and the rules adopted under it. Amounts submitted to the | 31196 |
| department of health for copies of vital records or services in | 31197 |
| excess of the fees imposed by this section shall be dealt with as | 31198 |
| follows: | 31199 |
| (1) An overpayment of two dollars or less shall be retained | 31200 |
| by the department and deposited in the state treasury to the | 31201 |
| credit of the general operations fund created by section 3701.83 | 31202 |
| of the Revised Code. | 31203 |
| (2) An overpayment in excess of two dollars shall be returned | 31204 |
| to the person who made the overpayment. | 31205 |
| (D) If a local registrar is a salaried employee of a city or | 31206 |
| a general health district, any fees the local registrar receives | 31207 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 31208 |
| the general fund of the city or the health fund of the general | 31209 |
| health district. | 31210 |
| Each local registrar of vital statistics, or each health | 31211 |
| district where the local registrar is a salaried employee of the | 31212 |
| district, shall be entitled to a fee for each birth, fetal death, | 31213 |
| death, or military service certificate properly and completely | 31214 |
| made out and registered with the local registrar or district and | 31215 |
| correctly copied and forwarded to the office of vital statistics | 31216 |
| in accordance with the population of the primary registration | 31217 |
| district at the last federal census. The fee for each birth, fetal | 31218 |
| death, death, or military service certificate shall be: | 31219 |
| (1) In primary registration districts of over two hundred | 31220 |
| fifty thousand, twenty cents; | 31221 |
| (2) In primary registration districts of over one hundred | 31222 |
| twenty-five thousand and less than two hundred fifty thousand, | 31223 |
| sixty cents; | 31224 |
| (3) In primary registration districts of over fifty thousand | 31225 |
| and less than one hundred twenty-five thousand, eighty cents; | 31226 |
| (4) In primary registration districts of less than fifty | 31227 |
| thousand, one dollar. | 31228 |
| (E) The director of health shall annually certify to the | 31229 |
| county treasurers of the several counties the number of birth, | 31230 |
| fetal death, death, and military service certificates registered | 31231 |
| from their respective counties with the names of the local | 31232 |
| registrars and the amounts due each registrar and health district | 31233 |
| at the rates fixed in this section. Such amounts shall be paid by | 31234 |
| the treasurer of the county in which the registration districts | 31235 |
| are located. No fees shall be charged or collected by registrars | 31236 |
| except as provided by this chapter and section 3109.14 of the | 31237 |
| Revised Code. | 31238 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 31239 |
| each certified abstract of marriage prepared and forwarded by the | 31240 |
| probate judge to the department of health pursuant to section | 31241 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 31242 |
| fee paid for a marriage license and shall be paid by the | 31243 |
| applicants for the license. | 31244 |
| (G) The clerk of a court of common pleas shall be paid a fee | 31245 |
| of one dollar for each certificate of divorce, dissolution, and | 31246 |
| annulment of marriage prepared and forwarded by the clerk to the | 31247 |
| department pursuant to section 3705.21 of the Revised Code. The | 31248 |
| fee for the certified abstract of divorce, dissolution, or | 31249 |
| annulment of marriage shall be added to the court costs allowed in | 31250 |
| these cases. | 31251 |
| (H) The fee for an heirloom certification of birth issued | 31252 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 31253 |
| shall be an amount prescribed by rule by the director of health | 31254 |
| plus any fee required by section 3109.14 of the Revised Code. In | 31255 |
| setting the amount of the fee, the director shall establish a | 31256 |
| surcharge in addition to an amount necessary to offset the expense | 31257 |
| of processing heirloom certifications of birth. The fee prescribed | 31258 |
| by the director of health pursuant to this division shall be | 31259 |
| deposited into the state treasury to the credit of the heirloom | 31260 |
| certification of birth fund which is hereby created. Money | 31261 |
| credited to the fund shall be used by the office of vital | 31262 |
| statistics to offset the expense of processing heirloom | 31263 |
| certifications of birth. However, the money collected for the | 31264 |
| surcharge, subject to the approval of the controlling board, shall | 31265 |
| be used for the purposes specified by the family and children | 31266 |
| first council pursuant to section 121.37 of the Revised Code. | 31267 |
| Sec. 3705.242. (A)(1) The director of health, a person | 31268 |
| authorized by the director, a local commissioner of health, or a | 31269 |
| local registrar of vital statistics shall charge and collect a fee | 31270 |
| of one dollar and fifty cents for each certified copy of a birth | 31271 |
| record, each certification of birth, and each copy of a death | 31272 |
| record. The fee is in addition to the fee imposed by section | 31273 |
| 3705.24 or any other section of the Revised Code. A local | 31274 |
| commissioner of health or local registrar of vital statistics may | 31275 |
| retain an amount of each additional fee collected, not to exceed | 31276 |
| three per cent of the amount of the additional fee, to be used for | 31277 |
| costs directly related to the collection of the fee and the | 31278 |
| forwarding of the fee to the treasurer of state. | 31279 |
| (2) On the filing of a divorce decree under section 3105.10 | 31280 |
| or a decree of dissolution under section 3105.65 of the Revised | 31281 |
| Code, a court of common pleas shall charge and collect a fee of | 31282 |
| five dollars and fifty cents. The fee is in addition to any other | 31283 |
| court costs or fees. The county clerk of courts may retain an | 31284 |
| amount of each additional fee collected, not to exceed three per | 31285 |
| cent of the amount of the additional fee, to be used for costs | 31286 |
| directly related to the collection of the fee and the forwarding | 31287 |
| of the fee to the treasurer of state. | 31288 |
| (B) The additional fees collected, but not retained, under | 31289 |
| this section during each month shall be forwarded not later than | 31290 |
| the tenth day of the immediately following month to the treasurer | 31291 |
| of state, who shall deposit the fees in the state treasury to the | 31292 |
| credit of the family violence prevention fund, which is hereby | 31293 |
| created. A person or government entity that fails to forward the | 31294 |
| fees in a timely manner, as determined by the treasurer of state, | 31295 |
| shall forward to the treasurer of state, in addition to the fees, | 31296 |
| a penalty equal to ten per cent of the fees. | 31297 |
| The treasurer of state shall invest the moneys in the fund. | 31298 |
| All earnings resulting from investment of the fund shall be | 31299 |
| credited to the fund, except that actual administration costs | 31300 |
| incurred by the treasurer of state in administering the fund may | 31301 |
| be deducted from the earnings resulting from investments. The | 31302 |
| amount that may be deducted shall not exceed three per cent of the | 31303 |
| total amount of fees credited to the fund in each fiscal year. The | 31304 |
| balance of the investment earnings shall be credited to the fund. | 31305 |
| (C) The director of public safety shall use money credited to | 31306 |
| the fund to provide grants to family violence shelters in Ohio. | 31307 |
| Sec. 3709.29. If the estimated amount of money necessary to | 31308 |
| meet the expenses of a general health district program will not be | 31309 |
| forthcoming to the board of health of | 31310 |
| district health fund because the taxes within the ten-mill | 31311 |
| limitation will be insufficient, the board of health shall certify | 31312 |
| 31313 | |
| program to the board of county commissioners of the county in | 31314 |
| which | 31315 |
| commissioners is | 31316 |
| authority for the purposes of this section only, and, | 31317 |
| notwithstanding any other law to the contrary, the board of county | 31318 |
| commissioners of any county in which a general health district is | 31319 |
| located is the taxing authority for | 31320 |
| section
outside the ten-mill limitation. | 31321 |
| Upon receipt of the board of health's certification, the | 31322 |
| board of county
commissioners | 31323 |
| preceding that in
which | 31324 |
| will be effective, by vote of two-thirds of all the members of | 31325 |
| that body, shall declare by resolution that the amount of taxes | 31326 |
| 31327 | |
| insufficient to provide an adequate amount for the necessary | 31328 |
| requirements of | 31329 |
| is necessary to levy a tax in excess of | 31330 |
| order to provide the board of health with sufficient funds to | 31331 |
| carry out | 31332 |
| space and utilities. | 31333 |
| board of elections not later than four p.m. of the seventy-fifth | 31334 |
| day before the day of the relevant primary or general
election | 31335 |
| | 31336 |
|
rate | 31337 |
| during
which | 31338 |
| shall not be for a longer period than ten years. The | 31339 |
| | 31340 |
| Revised Code and be certified and submitted in the manner provided | 31341 |
| in section 5705.25 of the Revised Code, provided that the proposal | 31342 |
| shall be placed on the ballot at the next primary or general | 31343 |
| election occurring more than seventy-five days after the | 31344 |
| resolution is filed with the board of elections. | 31345 |
| Sec. 3709.34. (A) The | 31346 |
| legislative authority of any city may furnish suitable quarters | 31347 |
| for any board of health or health department having jurisdiction | 31348 |
| over all or a major part of | 31349 |
| (B)(1) Subject to division (B)(6) of this section, through | 31350 |
| fiscal year 2005, the board of county commissioners shall provide | 31351 |
| office space and utilities for the board of health having | 31352 |
| jurisdiction over the county's general health district. | 31353 |
| Thereafter, subject to division (B)(6) of this section, the board | 31354 |
| of county commissioners shall make payments as provided in | 31355 |
| divisions (B)(2) and (3) of this section for the office space and | 31356 |
| utilities until fiscal year 2010. Starting in fiscal year 2010, | 31357 |
| the board has no duty to provide office space or utilities, or to | 31358 |
| make payments for office space or utilities, for the board of | 31359 |
| health of the county's general health district. | 31360 |
| (2)(a) Not later than the thirtieth day of September 2005, | 31361 |
| 2006, 2007, and 2008, the board of county commissioners shall make | 31362 |
| a written estimate of the total cost for the ensuing fiscal year | 31363 |
| to provide office space and utilities to the board of health of | 31364 |
| the county's general health district. The estimate of total cost | 31365 |
| shall include all of the following: | 31366 |
| (i) The total square feet of space to be used by the board of | 31367 |
| health; | 31368 |
| (ii) The total square feet of any common areas that should be | 31369 |
| reasonably allocated to the board of health and the method for | 31370 |
| making this allocation; | 31371 |
| (iii) The actual cost per square foot for both the space used | 31372 |
| by and the common areas allocated to the board of health; | 31373 |
| (iv) An explanation of the method used to determine the | 31374 |
| actual cost per square foot; | 31375 |
| (v) The estimated cost of providing utilities, including an | 31376 |
| explanation of how this cost was determined; | 31377 |
| (vi) Any other estimated costs the board of county | 31378 |
| commissioners anticipates will be incurred to provide office space | 31379 |
| and utilities to the board of health, including a detailed | 31380 |
| explanation of those costs and the rationale used to determine | 31381 |
| them. | 31382 |
| (b) The board of county commissioners shall forward a copy of | 31383 |
| the estimate of total cost to the director of the board of health | 31384 |
| not later than the fifth day of October 2005, 2006, 2007, and | 31385 |
| 2008. The director shall review the estimate and notify the board | 31386 |
| of county commissioners not later than twenty days after its | 31387 |
| receipt of either agreement with it or any specific objections to | 31388 |
| it and the reasons for the objections. If the director agrees with | 31389 |
| the estimate, it shall become the final estimate of total cost. | 31390 |
| Failure of the director to make objections to the estimate by the | 31391 |
| twentieth day after its receipt shall be deemed to mean that the | 31392 |
| director is in agreement with the estimate. | 31393 |
| If the director timely provides specific objections to the | 31394 |
| board of county commissioners, the board shall review the | 31395 |
| objections and may modify the original estimate and send a revised | 31396 |
| estimate of total cost to the director within ten days after | 31397 |
| receipt of the objections. The director shall respond to a revised | 31398 |
| estimate within ten days after its receipt. If the director agrees | 31399 |
| with it, the revised estimate shall become the final estimate of | 31400 |
| total cost. If the director fails to respond within the ten-day | 31401 |
| period, the director shall be deemed to have agreed with the | 31402 |
| revised estimate. If the director disagrees with the revised | 31403 |
| estimate, the director shall send specific objections to the board | 31404 |
| of county commissioners within the ten-day period. | 31405 |
| (c) If the director sends specific objections to a revised | 31406 |
| estimate within the required time, or if there is no revised | 31407 |
| estimate and the director timely objected to the original | 31408 |
| estimate, the probate judge of the county shall determine the | 31409 |
| final estimate of total cost and certify this amount to the | 31410 |
| director and the board of county commissioners before the first | 31411 |
| day of January 2006, 2007, 2008, or 2009, as applicable. | 31412 |
| (3)(a) Subject to division (B)(6) of this section, a board of | 31413 |
| county commissioners shall be responsible for the following | 31414 |
| percentages of the final estimate of total cost established by | 31415 |
| division (B)(2) of this section: | 31416 |
| (i) Eighty per cent for fiscal year 2006; | 31417 |
| (ii) Sixty per cent for fiscal year 2007; | 31418 |
| (iii) Forty per cent for fiscal year 2008; | 31419 |
| (iv) Twenty per cent for fiscal year 2009. | 31420 |
| (b) In fiscal years 2006, 2007, 2008, and 2009, the board of | 31421 |
| health of the county's general health district shall be | 31422 |
| responsible for the payment of the remainder of any costs incurred | 31423 |
| in excess of the amount payable under division (B)(3)(a)(i), (ii), | 31424 |
| (iii), or (iv) of this section, as applicable, for the provision | 31425 |
| of office space and utilities for the board of health, including | 31426 |
| any unanticipated or unexpected increases in costs beyond the | 31427 |
| final estimate of total cost. | 31428 |
| (c) Beginning in fiscal year 2010, the board of county | 31429 |
| commissioners has no obligation to provide office space or | 31430 |
| utilities, or to make payments for office space or utilities, for | 31431 |
| the board of health. | 31432 |
| (4) After fiscal year 2009, the board of county commissioners | 31433 |
| and the board of health of the county's general health district | 31434 |
| may enter into a contract for the board of county commissioners to | 31435 |
| provide office space for the use of the board of health and to | 31436 |
| provide utilities for that office space. The term of any such | 31437 |
| contract shall not exceed four years and may be renewed for | 31438 |
| additional periods not to exceed four years. | 31439 |
| (5) In any fiscal year, notwithstanding any contrary | 31440 |
| provision of divisions (B)(1) to (4) of this section, the board of | 31441 |
| county commissioners, in its discretion, may provide office space | 31442 |
| and utilities for the board of health of the county's general | 31443 |
| health district free of charge. | 31444 |
| (6) If the board of health of a general health district | 31445 |
| rents, leases, lease-purchases, or otherwise acquires office space | 31446 |
| to facilitate the performance of its functions, or constructs, | 31447 |
| enlarges, renovates, or otherwise modifies buildings or other | 31448 |
| structures to provide office space to facilitate the performance | 31449 |
| of its functions, the board of county commissioners of the county | 31450 |
| served by the general health district has no further obligation | 31451 |
| under division (B) of this section to provide office space or | 31452 |
| utilities, or to make payments for office space or utilities, for | 31453 |
| the board of health, unless the board of county commissioners | 31454 |
| enters into a contract under division (B)(4) of this section or | 31455 |
| exercises its option under division (B)(5) of this section. | 31456 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 31457 |
| Revised Code, the public health council shall adopt, and may amend | 31458 |
| and rescind, rules: | 31459 |
| (1) Providing for the licensing of persons or public agencies | 31460 |
| providing hospice care programs within this state by the | 31461 |
| department of health and for the suspension and revocation of | 31462 |
| licenses; | 31463 |
| (2) Establishing a license fee and license renewal fee not to | 31464 |
| exceed three hundred dollars. The fees shall cover the three-year | 31465 |
| period during which an existing license is valid as provided in | 31466 |
| division (B) of section 3712.04 of the Revised Code. | 31467 |
| (3) Establishing an inspection fee not to exceed one thousand | 31468 |
| seven hundred fifty dollars; | 31469 |
| (4) Establishing requirements for hospice care program | 31470 |
| facilities and services; | 31471 |
| | 31472 |
| provision of physical, occupational, or speech or language therapy | 31473 |
| contained in division (A)(2) of section 3712.01 of the Revised | 31474 |
| Code when the requirement would create a hardship because such | 31475 |
| therapy is not readily available in the geographic area served by | 31476 |
| the provider of a hospice care program; | 31477 |
| | 31478 |
| hospice care programs to persons and public agencies that are | 31479 |
| accredited or certified to provide such programs by an entity | 31480 |
| whose standards for accreditation or certification equal or exceed | 31481 |
| those provided for licensure under this chapter and rules adopted | 31482 |
| under it; and | 31483 |
| | 31484 |
| (B) Subject to the approval of the controlling board, the | 31485 |
| public health council may establish fees in excess of the amounts | 31486 |
| provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised | 31487 |
| Code, provided that the fees do not exceed those amounts by | 31488 |
| greater than fifty per cent. | 31489 |
| (C) The department of health shall: | 31490 |
| (1) Grant, suspend, and revoke licenses for hospice care | 31491 |
| programs in accordance with this chapter and rules adopted under | 31492 |
| it; | 31493 |
| (2) Make such inspections as are necessary to determine | 31494 |
| whether hospice care program facilities and services meet the | 31495 |
| requirements of this chapter and rules adopted under it; and | 31496 |
| (3) Implement and enforce this chapter and rules adopted | 31497 |
| under it. | 31498 |
| Sec. 3714.07. (A)(1) For the purpose of assisting boards of | 31499 |
| health and the environmental protection agency in administering | 31500 |
| and enforcing this chapter and rules adopted under it, there is | 31501 |
| hereby levied on the disposal of construction and demolition | 31502 |
| debris at a construction and demolition debris facility that is | 31503 |
| licensed under this chapter or at a solid waste facility that is | 31504 |
| licensed under Chapter 3734. of the Revised Code a fee of thirty | 31505 |
| cents per cubic yard or sixty cents per ton, as applicable. | 31506 |
| (2) The owner or operator of a construction and demolition | 31507 |
| debris facility or a solid waste facility shall determine if cubic | 31508 |
| yards or tons will be used as the unit of measurement. In | 31509 |
| estimating the fee based on cubic yards, the owner or operator | 31510 |
| shall utilize either the maximum cubic yard capacity of the | 31511 |
| container, or the hauling volume of the vehicle, that transports | 31512 |
| the construction and demolition debris to the facility or the | 31513 |
| cubic yards actually logged for disposal by the owner or operator | 31514 |
| in accordance with rules adopted under section 3714.02 of the | 31515 |
| Revised Code. If basing the fee on tonnage, the owner or operator | 31516 |
| shall use certified scales to determine the tonnage of | 31517 |
| construction and demolition debris that is transported to the | 31518 |
| facility for disposal. | 31519 |
| (3) The owner or operator of a construction and demolition | 31520 |
| debris facility or a solid waste facility shall collect the fee | 31521 |
| levied under division (A) of this section as a trustee for the | 31522 |
| health district having jurisdiction over the facility, if that | 31523 |
| district is on the approved list under section 3714.09 of the | 31524 |
| Revised Code, or for the state. The owner or operator shall | 31525 |
| prepare and file with the appropriate board of health or the | 31526 |
| director of environmental protection monthly returns indicating | 31527 |
| the total volume or weight, as applicable, of construction and | 31528 |
| demolition debris received for disposal at the facility and the | 31529 |
| total amount of money required to be collected on the construction | 31530 |
| and demolition debris disposed of during that month. Not later | 31531 |
| than thirty days after the last day of the month to which the | 31532 |
| return applies, the owner or operator shall mail to the board of | 31533 |
| health or the director the return for that month together with the | 31534 |
| money required to be collected on the construction and demolition | 31535 |
| debris disposed of during that month. The owner or operator may | 31536 |
| request, in writing, an extension of not more than thirty days | 31537 |
| after the last day of the month to which the return applies. A | 31538 |
| request for extension may be denied. If the owner or operator | 31539 |
| submits the money late, the owner or operator shall pay a penalty | 31540 |
| of ten per cent of the amount of the money due for each month that | 31541 |
| it is late. | 31542 |
| (4) Of the money that is collected from a construction and | 31543 |
| demolition debris facility or a solid waste facility on a per | 31544 |
| cubic yard or per ton basis under this section, a board of health | 31545 |
| shall transmit three cents per cubic yard or six cents per ton, as | 31546 |
| applicable, to the director not later than forty-five days after | 31547 |
| the receipt of the money. The money retained by a board of health | 31548 |
| under this section shall be paid into a special fund, which is | 31549 |
| hereby created in each health district, and used solely to | 31550 |
| administer and enforce this chapter and rules adopted under it. | 31551 |
| The director shall transmit all money received from the | 31552 |
| boards of health of health districts under this section and all | 31553 |
| money from the disposal fee collected by the director under this | 31554 |
| section to the treasurer of state to be credited to the | 31555 |
| construction and demolition debris facility oversight fund, which | 31556 |
| is hereby created in the state treasury. The fund shall be | 31557 |
| administered by the director, and money credited to the fund shall | 31558 |
| be used exclusively for the administration and enforcement of this | 31559 |
| chapter and rules adopted under it. | 31560 |
| (B) The board of health of a health district or the director | 31561 |
| may enter into an agreement with the owner or operator of a | 31562 |
| construction and demolition debris facility or a solid waste | 31563 |
| facility for the quarterly payment of the money collected from the | 31564 |
| disposal fee. The board of health shall notify the director of any | 31565 |
| such agreement. Not later than forty-five days after receipt of | 31566 |
| the quarterly payment, the board of health shall transmit the | 31567 |
| amount established in division (A) | 31568 |
| director. The money retained by the board of health shall be | 31569 |
| deposited in the special fund of the district as required under | 31570 |
| that division. Upon receipt of the money from a board of health, | 31571 |
| the director shall transmit the money to the treasurer of state to | 31572 |
| be credited to the construction and demolition debris facility | 31573 |
| oversight fund. | 31574 |
| (C) If a construction and demolition debris facility or a | 31575 |
| solid waste facility is located within the territorial boundaries | 31576 |
| of a municipal corporation or the unincorporated area of a | 31577 |
| township, the municipal corporation or township may appropriate up | 31578 |
| to four cents per cubic yard or up to eight cents per ton of the | 31579 |
| disposal fee required to be paid by the facility under division | 31580 |
| (A) of this section for the same purposes that a municipal | 31581 |
| corporation or township may levy a fee under division (C) of | 31582 |
| section 3734.57 of the Revised Code. | 31583 |
| The legislative authority of the municipal corporation or | 31584 |
| township may appropriate the money from the fee by enacting an | 31585 |
| ordinance or adopting a resolution establishing the amount of the | 31586 |
| fee to be appropriated. Upon doing so, the legislative authority | 31587 |
| shall mail a certified copy of the ordinance or resolution to the | 31588 |
| board of health of the health district in which the construction | 31589 |
| and demolition debris facility or the solid waste facility is | 31590 |
| located or, if the facility is located in a health district that | 31591 |
| is not on the approved list under section 3714.09 of the Revised | 31592 |
| Code, to the director. Upon receipt of the copy of the ordinance | 31593 |
| or resolution and not later than forty-five days after receipt of | 31594 |
| money collected from the fee, the board or the director, as | 31595 |
| applicable, shall transmit to the treasurer or other appropriate | 31596 |
| officer of the municipal corporation or clerk of the township that | 31597 |
| portion of the money collected from the disposal fee by the owner | 31598 |
| or operator of the facility that is required by the ordinance or | 31599 |
| resolution to be paid to that municipal corporation or township. | 31600 |
| Money received by the treasurer or other appropriate officer | 31601 |
| of a municipal corporation under this division shall be paid into | 31602 |
| the general fund of the municipal corporation. Money received by | 31603 |
| the clerk of a township under this division shall be paid into the | 31604 |
| general fund of the township. The treasurer or other officer of | 31605 |
| the municipal corporation or the clerk of the township, as | 31606 |
| appropriate, shall maintain separate records of the money received | 31607 |
| under this division. | 31608 |
| The legislative authority of a municipal corporation or | 31609 |
| township may cease collecting money under this division by | 31610 |
| repealing the ordinance or resolution that was enacted or adopted | 31611 |
| under this division. | 31612 |
| (D) The board of county commissioners of a county in which a | 31613 |
| construction and demolition debris facility or a solid waste | 31614 |
| facility is located may appropriate up to three cents per cubic | 31615 |
| yard or up to six cents per ton of the disposal fee required to be | 31616 |
| paid by the facility under division (A) of this section for the | 31617 |
| same purposes that a solid waste management district may levy a | 31618 |
| fee under division (B) of section 3734.57 of the Revised Code. | 31619 |
| The board of county commissioners may appropriate the money | 31620 |
| from the fee by adopting a resolution establishing the amount of | 31621 |
| the fee to be appropriated. Upon doing so, the board of county | 31622 |
| commissioners shall mail a certified copy of the resolution to the | 31623 |
| board of health of the health district in which the construction | 31624 |
| and demolition debris facility or the solid waste facility is | 31625 |
| located or, if the facility is located in a health district that | 31626 |
| is not on the approved list under section 3714.09 of the Revised | 31627 |
| Code, to the director. Upon receipt of the copy of the resolution | 31628 |
| and not later than forty-five days after receipt of money | 31629 |
| collected from the fee, the board of health or the director, as | 31630 |
| applicable, shall transmit to the treasurer of the county that | 31631 |
| portion of the money collected from the disposal fee by the owner | 31632 |
| or operator of the facility that is required by the resolution to | 31633 |
| be paid to that county. | 31634 |
| Money received by a county treasurer under this division | 31635 |
| shall be paid into the general fund of the county. The county | 31636 |
| treasurer shall maintain separate records of the money received | 31637 |
| under this division. | 31638 |
| A board of county commissioners may cease collecting money | 31639 |
| under this division by repealing the resolution that was adopted | 31640 |
| under this division. | 31641 |
| (E)(1) This section does not apply to the disposal of | 31642 |
| construction and demolition debris at a solid waste facility that | 31643 |
| is licensed under Chapter 3734. of the Revised Code if there is no | 31644 |
| construction and demolition debris facility licensed under this | 31645 |
| chapter within | 31646 |
| as determined by a facility's property boundaries. | 31647 |
| (2) This section does not apply to the disposal of | 31648 |
| construction and demolition debris at a solid waste facility that | 31649 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 31650 |
| or operator of the facility chooses to collect fees on the | 31651 |
| disposal of the construction and demolition debris that are | 31652 |
| identical to the fees that are collected under Chapters 343. and | 31653 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 31654 |
| facility. | 31655 |
| Sec. 3714.073. (A) In addition to the fee levied under | 31656 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 31657 |
| July 1, 2005, there is hereby levied on the disposal of | 31658 |
| construction and demolition debris at a construction and | 31659 |
| demolition debris facility that is licensed under this chapter or | 31660 |
| at a solid waste facility that is licensed under Chapter 3734. of | 31661 |
| the Revised Code a fee of twelve and one-half cents per cubic yard | 31662 |
| or twenty-five cents per ton, as applicable. | 31663 |
| (B) The owner or operator of a construction and demolition | 31664 |
| debris facility or a solid waste facility, as a trustee of the | 31665 |
| state, shall collect the fee levied under this section and remit | 31666 |
| the money from the fee in the manner that is established in | 31667 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 31668 |
| for the fee that is levied under division (A)(1) of that section. | 31669 |
| (C) Of the money that is collected from a construction and | 31670 |
| demolition debris facility or a solid waste facility and remitted | 31671 |
| to a board of health or the director of environmental protection, | 31672 |
| as applicable, pursuant to this section, the board or the director | 31673 |
| shall transmit the money to the treasurer of state to be credited | 31674 |
| to the soil and water conservation district assistance fund | 31675 |
| created in section 1515.14 of the Revised Code. | 31676 |
| Sec. 3715.04. (A) As used in this section: | 31677 |
| (1) "Certificate of health and freesale" means a document | 31678 |
| issued by the director of agriculture that certifies to states and | 31679 |
| countries receiving products that the products have been produced | 31680 |
| and warehoused in this state under sanitary conditions at a food | 31681 |
| processing establishment or at a place of business of a | 31682 |
| manufacturer of over-the-counter drugs or cosmetics, as | 31683 |
| applicable, that has been inspected by the department of | 31684 |
| agriculture. Other names of documents that are synonymous with | 31685 |
| "certificate of health and freesale" include, but are not limited | 31686 |
| to, "sanitary certificate of health and freesale"; "certificate of | 31687 |
| origin"; "certificate of freesale"; "certificate of health and | 31688 |
| origin"; "certificate of freesale, sanitary and purity"; and | 31689 |
| "certificate of freesale, health and origin." | 31690 |
| (2) "Food processing establishment" has the same meaning as | 31691 |
| in section 3715.021 of the Revised Code. | 31692 |
| (B) Upon the request of a food processing establishment, | 31693 |
| manufacturer of over-the-counter drugs, or manufacturer of | 31694 |
| cosmetics, the director may issue a certificate of health and | 31695 |
| freesale after determining that conditions at the establishment or | 31696 |
| place of business of the manufacturer, as applicable, have been | 31697 |
| found to be sanitary through an inspection conducted pursuant to | 31698 |
| this chapter. For each certificate issued, the director shall | 31699 |
| charge the establishment or manufacturer a fee in the amount of | 31700 |
| twenty dollars. The director shall deposit all fees collected | 31701 |
| under this section to the credit of the food safety fund created | 31702 |
| in section 915.24 of the Revised Code. | 31703 |
| Sec. 3719.47. (A) As used in this section: | 31704 |
| (1) "Consumer product" means any food or drink that is | 31705 |
| consumed or used by humans and any drug, including a drug that may | 31706 |
| be provided legally only pursuant to a prescription, that is | 31707 |
| intended to be consumed or used by humans. | 31708 |
| (2) "Drug," "licensed health professional authorized to | 31709 |
| prescribe drugs," "prescription," and "terminal distributor of | 31710 |
| dangerous drugs" have the same meanings as in section 4729.01 of | 31711 |
| the Revised Code. | 31712 |
| (3) "Pharmacist" means a person licensed under Chapter 4729. | 31713 |
| of the Revised Code to engage in the practice of pharmacy. | 31714 |
| (4) "Proof of age" means a driver's license, a commercial | 31715 |
| driver's license, a military identification card, a passport, or | 31716 |
| an identification card issued under sections 4507.50 to 4507.52 of | 31717 |
| the Revised Code that shows a person is eighteen years of age or | 31718 |
| older. | 31719 |
| (5) "Pseudoephedrine" means any material, compound, mixture, | 31720 |
| or preparation that contains any quantity of pseudoephedrine, any | 31721 |
| of its salts, optical isomers, or salts of optical isomers. | 31722 |
| (6) "Pseudoephedrine product" means a consumer product | 31723 |
| consisting of a single-ingredient preparation of pseudoephedrine | 31724 |
| in which pseudoephedrine is the active ingredient. | 31725 |
| (7) "Retailer" means a place of business that offers consumer | 31726 |
| products for sale to the general public. | 31727 |
| (8) "Single-ingredient preparation" means a compound, | 31728 |
| mixture, preparation, or substance that contains a single active | 31729 |
| ingredient. | 31730 |
| (B) A retailer or terminal distributor of dangerous drugs | 31731 |
| that sells, offers to sell, holds for sale, delivers, or otherwise | 31732 |
| provides a pseudoephedrine product to the public shall do all of | 31733 |
| the following: | 31734 |
| (1) Segregate pseudoephedrine products from other merchandise | 31735 |
| so that no member of the public may procure or purchase such | 31736 |
| products without the direct assistance of a pharmacist or other | 31737 |
| authorized employee of the retailer or terminal distributor; | 31738 |
| (2) With regard to each time a pseudoephedrine product is | 31739 |
| sold or otherwise provided: | 31740 |
| (a) Determine, by examination of a valid proof of age, that | 31741 |
| the purchaser or recipient is at least eighteen years of age; | 31742 |
| (b) Make a reasonable attempt to ensure that no individual | 31743 |
| purchases or receives more than the lesser of two product units or | 31744 |
| six grams of pseudoephedrine products within a thirty-day period. | 31745 |
| (C)(1) Except as provided in division (C)(2) of this section, | 31746 |
| no retailer or terminal distributor of dangerous drugs shall | 31747 |
| knowingly sell, offer to sell, hold for sale, deliver, or | 31748 |
| otherwise provide to any individual an amount of pseudoephedrine | 31749 |
| product that is greater than the lesser of two packages or six | 31750 |
| grams within a thirty-day period. | 31751 |
| (2) This division does not apply to any quantity of | 31752 |
| pseudoephedrine product dispensed by a pharmacist pursuant to a | 31753 |
| valid prescription issued by a licensed health professional | 31754 |
| authorized to prescribe drugs. | 31755 |
| (D)(1) Except as provided in division (D)(2) of this section, | 31756 |
| no retailer or terminal distributor of dangerous drugs shall sell, | 31757 |
| offer to sell, hold for sale, deliver, or otherwise provide any | 31758 |
| pseudoephedrine product to an individual who is under eighteen | 31759 |
| years of age. | 31760 |
| (2) This division does not apply to any of the following: | 31761 |
| (a) A licensed health professional authorized to prescribe | 31762 |
| drugs or a pharmacist who dispenses, sells, or otherwise provides | 31763 |
| a pseudoephedrine product to an individual under eighteen years of | 31764 |
| age; | 31765 |
| (b) A parent or guardian of an individual under eighteen | 31766 |
| years of age who provides a pseudoephedrine product to the | 31767 |
| individual; | 31768 |
| (c) A person who, as authorized by the individual's parent or | 31769 |
| guardian, dispenses, sells, or otherwise provides a | 31770 |
| pseudoephedrine product to an individual under eighteen years of | 31771 |
| age. | 31772 |
| (E) No employee of a retailer or terminal distributor of | 31773 |
| dangerous drugs who is under eighteen years of age shall sell, | 31774 |
| offer to sell, hold for sale, deliver, or otherwise provide any | 31775 |
| pseudoephedrine product to any individual. | 31776 |
| (F) Prescriptions, orders, and records maintained pursuant to | 31777 |
| this section and stocks of pseudoephedrine products shall be open | 31778 |
| for inspection to federal, state, county, and municipal officers, | 31779 |
| and employees of the state board of pharmacy whose duty it is to | 31780 |
| enforce the laws of this state or of the United States relating to | 31781 |
| controlled substances. Such prescriptions, orders, records, and | 31782 |
| stocks shall be open for inspection by the state medical board and | 31783 |
| its employees for purposes of enforcing Chapter 4731. of the | 31784 |
| Revised Code. No person having knowledge of any such prescription, | 31785 |
| order, or record shall divulge that knowledge, except in | 31786 |
| connection with a prosecution or proceeding in court or before a | 31787 |
| licensing board or officer, to which prosecution or proceeding the | 31788 |
| person to whom the prescriptions, orders, or records relate is a | 31789 |
| party. | 31790 |
| (G) The state board of pharmacy may, by rule adopted in | 31791 |
| accordance with Chapter 119. of the Revised Code, exempt from this | 31792 |
| section pseudoephedrine products that the board finds are not used | 31793 |
| in the illegal manufacture of methamphetamine. The board may | 31794 |
| exempt a pseudoephedrine product from this section if the product | 31795 |
| is determined by the board to have been formulated in such a way | 31796 |
| as to effectively prevent the conversion of the active ingredient | 31797 |
| into methamphetamine. | 31798 |
| Sec. 3719.48. (A) As used in this section, "consumer | 31799 |
| product," "ephedrine," "ephedrine product," "phenylpropanolamine," | 31800 |
| "phenylpropanolamine product," "pseudoephedrine," "pseudoephedrine | 31801 |
| product," "retailer," and "single-ingredient preparation" have the | 31802 |
| same meanings as in section 2925.01 of the Revised Code. | 31803 |
| (B) Each retailer, terminal distributor of dangerous drugs, | 31804 |
| pharmacy, prescriber, or wholesaler that sells, offers to sell, | 31805 |
| holds for sale, delivers, or otherwise provides any ephedrine | 31806 |
| product, phenylpropanolamine product, or pseudoephedrine product | 31807 |
| and that discovers the theft or significant loss of more than six | 31808 |
| grams of any ephedrine product, phenylpropanolamine product, or | 31809 |
| pseudoephedrine product, or combination of those products, | 31810 |
| immediately shall notify the state board of pharmacy of the theft | 31811 |
| or loss. The retailer, terminal distributor, pharmacy, prescriber, | 31812 |
| or wholesaler initially shall make the report by telephone and, | 31813 |
| within thirty days after making that report, shall send a written | 31814 |
| report to the state board of pharmacy. The report shall identify | 31815 |
| the product that was stolen or lost, the amount of the product | 31816 |
| stolen or lost, and the date and time of the discovery of the | 31817 |
| theft or loss. | 31818 |
| (C) Upon receipt of a report under division (B) of this | 31819 |
| section made by telephone, the state board of pharmacy immediately | 31820 |
| shall notify all of the following of the theft or loss covered by | 31821 |
| the report: | 31822 |
| (1) The sheriff of the county in which is located the | 31823 |
| retailer, terminal distributor, pharmacy, prescriber, or | 31824 |
| wholesaler that made the report to the state board; | 31825 |
| (2) If the retailer, terminal distributor, pharmacy, | 31826 |
| prescriber, or wholesaler that made the report to the state board | 31827 |
| is located in a municipal corporation, the police department, | 31828 |
| marshal, or other law enforcement agency of that municipal | 31829 |
| corporation. | 31830 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 31831 |
| 3721.99 of the Revised Code: | 31832 |
| (1)(a) "Home" means an institution, residence, or facility | 31833 |
| that provides, for a period of more than twenty-four hours, | 31834 |
| whether for a consideration or not, accommodations to three or | 31835 |
| more unrelated individuals who are dependent upon the services of | 31836 |
| others, including a nursing home, residential care facility, home | 31837 |
| for the aging, and a veterans' home operated under Chapter 5907. | 31838 |
| of the Revised Code. | 31839 |
| (b) "Home" also means both of the following: | 31840 |
| (i) Any facility that a person, as defined in section 3702.51 | 31841 |
| of the Revised Code, proposes for certification as a skilled | 31842 |
| nursing facility or nursing facility under Title XVIII or XIX of | 31843 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 31844 |
| as amended, and for which a certificate of need, other than a | 31845 |
| certificate to recategorize hospital beds as described in section | 31846 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 31847 |
| of section 3702.51 of the Revised Code in effect immediately prior | 31848 |
| to April 20, 1995, has been granted to the person under sections | 31849 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 31850 |
| (ii) A county home or district home that is or has been | 31851 |
| licensed as a residential care facility. | 31852 |
| (c) "Home" does not mean any of the following: | 31853 |
| (i) Except as provided in division (A)(1)(b) of this section, | 31854 |
| a public hospital or hospital as defined in section 3701.01 or | 31855 |
| 5122.01 of the Revised Code; | 31856 |
| (ii) A residential facility for mentally ill persons as | 31857 |
| defined under section 5119.22 of the Revised Code; | 31858 |
| (iii) A residential facility as defined in section 5123.19 of | 31859 |
| the Revised Code; | 31860 |
| (iv) | 31861 |
| 31862 |
| | 31863 |
| 3724.01 of the Revised Code; | 31864 |
| | 31865 |
| of the Revised Code; | 31866 |
| | 31867 |
| section 3793.01 of the Revised Code; | 31868 |
| | 31869 |
| treatment under section 3793.11 of the Revised Code; | 31870 |
| | 31871 |
| the department of mental retardation and developmental | 31872 |
| disabilities under section 5123.18 of the Revised Code; | 31873 |
| | 31874 |
| licensed under section 3712.04 of the Revised Code that is used | 31875 |
| exclusively for care of hospice patients; | 31876 |
| | 31877 |
| operated by a religious order, provides care exclusively to | 31878 |
| members of religious orders who take vows of celibacy and live by | 31879 |
| virtue of their vows within the orders as if related, and does not | 31880 |
| participate in the medicare program established under Title XVIII | 31881 |
| of the "Social Security Act" or the medical assistance program | 31882 |
| established under Chapter 5111. of the Revised Code and Title XIX | 31883 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 31884 |
| infirmary, or entity was providing care exclusively to members of | 31885 |
| the religious order; | 31886 |
| | 31887 |
| licensed as a residential care facility. | 31888 |
| (2) "Unrelated individual" means one who is not related to | 31889 |
| the owner or operator of a home or to the spouse of the owner or | 31890 |
| operator as a parent, grandparent, child, grandchild, brother, | 31891 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 31892 |
| uncle. | 31893 |
| (3) "Mental impairment" does not mean mental illness as | 31894 |
| defined in section 5122.01 of the Revised Code or mental | 31895 |
| retardation as defined in section 5123.01 of the Revised Code. | 31896 |
| (4) "Skilled nursing care" means procedures that require | 31897 |
| technical skills and knowledge beyond those the untrained person | 31898 |
| possesses and that are commonly employed in providing for the | 31899 |
| physical, mental, and emotional needs of the ill or otherwise | 31900 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 31901 |
| to, the following: | 31902 |
| (a) Irrigations, catheterizations, application of dressings, | 31903 |
| and supervision of special diets; | 31904 |
| (b) Objective observation of changes in the patient's | 31905 |
| condition as a means of analyzing and determining the nursing care | 31906 |
| required and the need for further medical diagnosis and treatment; | 31907 |
| (c) Special procedures contributing to rehabilitation; | 31908 |
| (d) Administration of medication by any method ordered by a | 31909 |
| physician, such as hypodermically, rectally, or orally, including | 31910 |
| observation of the patient after receipt of the medication; | 31911 |
| (e) Carrying out other treatments prescribed by the physician | 31912 |
| that involve a similar level of complexity and skill in | 31913 |
| administration. | 31914 |
| (5)(a) "Personal care services" means services including, but | 31915 |
| not limited to, the following: | 31916 |
| (i) Assisting residents with activities of daily living; | 31917 |
| (ii) Assisting residents with self-administration of | 31918 |
| medication, in accordance with rules adopted under section 3721.04 | 31919 |
| of the Revised Code; | 31920 |
| (iii) Preparing special diets, other than complex therapeutic | 31921 |
| diets, for residents pursuant to the instructions of a physician | 31922 |
| or a licensed dietitian, in accordance with rules adopted under | 31923 |
| section 3721.04 of the Revised Code. | 31924 |
| (b) "Personal care services" does not include "skilled | 31925 |
| nursing care" as defined in division (A)(4) of this section. A | 31926 |
| facility need not provide more than one of the services listed in | 31927 |
| division (A)(5)(a) of this section to be considered to be | 31928 |
| providing personal care services. | 31929 |
| (6) "Nursing home" means a home used for the reception and | 31930 |
| care of individuals who by reason of illness or physical or mental | 31931 |
| impairment require skilled nursing care and of individuals who | 31932 |
| require personal care services but not skilled nursing care. A | 31933 |
| nursing home is licensed to provide personal care services and | 31934 |
| skilled nursing care. | 31935 |
| (7) "Residential care facility" means a home that provides | 31936 |
| either of the following: | 31937 |
| (a) Accommodations for seventeen or more unrelated | 31938 |
| individuals and supervision and personal care services for three | 31939 |
| or more of those individuals who are dependent on the services of | 31940 |
| others by reason of age or physical or mental impairment; | 31941 |
| (b) Accommodations for three or more unrelated individuals, | 31942 |
| supervision and personal care services for at least three of those | 31943 |
| individuals who are dependent on the services of others by reason | 31944 |
| of age or physical or mental impairment, and, to at least one of | 31945 |
| those individuals, any of the skilled nursing care authorized by | 31946 |
| section 3721.011 of the Revised Code. | 31947 |
| (8) "Home for the aging" means a home that provides services | 31948 |
| as a residential care facility and a nursing home, except that the | 31949 |
| home provides its services only to individuals who are dependent | 31950 |
| on the services of others by reason of both age and physical or | 31951 |
| mental impairment. | 31952 |
| The part or unit of a home for the aging that provides | 31953 |
| services only as a residential care facility is licensed as a | 31954 |
| residential care facility. The part or unit that may provide | 31955 |
| skilled nursing care beyond the extent authorized by section | 31956 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 31957 |
| (9) "County home" and "district home" mean a county home or | 31958 |
| district home operated under Chapter 5155. of the Revised Code. | 31959 |
| (B) The public health council may further classify homes. For | 31960 |
| the purposes of this chapter, any residence, institution, hotel, | 31961 |
| congregate housing project, or similar facility that meets the | 31962 |
| definition of a home under this section is such a home regardless | 31963 |
| of how the facility holds itself out to the public. | 31964 |
| (C) For purposes of this chapter, personal care services or | 31965 |
| skilled nursing care shall be considered to be provided by a | 31966 |
| facility if they are provided by a person employed by or | 31967 |
| associated with the facility or by another person pursuant to an | 31968 |
| agreement to which neither the resident who receives the services | 31969 |
| nor the resident's sponsor is a party. | 31970 |
| (D) Nothing in division (A)(4) of this section shall be | 31971 |
| construed to permit skilled nursing care to be imposed on an | 31972 |
| individual who does not require skilled nursing care. | 31973 |
| Nothing in division (A)(5) of this section shall be construed | 31974 |
| to permit personal care services to be imposed on an individual | 31975 |
| who is capable of performing the activity in question without | 31976 |
| assistance. | 31977 |
| (E) Division (A)(1)(c) | 31978 |
| prohibit a facility, infirmary, or other entity described in that | 31979 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 31980 |
| of the Revised Code or certification under Title XVIII or XIX of | 31981 |
| the "Social Security Act." However, such a facility, infirmary, or | 31982 |
| entity that applies for licensure or certification must meet the | 31983 |
| requirements of those sections or titles and the rules adopted | 31984 |
| under them and obtain a certificate of need from the director of | 31985 |
| health under section 3702.52 of the Revised Code. | 31986 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 31987 |
| shall be construed as authorizing the supervision, regulation, or | 31988 |
| control of the spiritual care or treatment of residents or | 31989 |
| patients in any home who rely upon treatment by prayer or | 31990 |
| spiritual means in accordance with the creed or tenets of any | 31991 |
| recognized church or religious denomination. | 31992 |
| Sec. 3721.03. | 31993 |
| the same meaning as in section 1.59 of the Revised Code. | 31994 |
| (B) The director of health shall enforce the provisions of | 31995 |
| sections 3721.01 to | 31996 |
| Code and may issue orders to secure compliance with the provisions | 31997 |
| of these sections and the rules adopted under them. The director | 31998 |
| may hold hearings, issue subpoenas, compel testimony, and make | 31999 |
|
adjudications. | 32000 |
| The director may issue an order revoking a license in the | 32001 |
| event the director finds, upon hearing or opportunity afforded | 32002 |
| 32003 | |
| the following apply to a person | 32004 |
| 32005 | |
|
3721.07 of the Revised Code | 32006 |
| (1) Has violated any of the provisions of Chapter 3721. of | 32007 |
| the Revised Code or rules adopted by the public health council | 32008 |
| under it; | 32009 |
| (2) Has violated any
order issued by the director; | 32010 |
| (3) Is not, or any of its principals are not suitable, | 32011 |
| morally or financially to operate such an
institution; | 32012 |
| (4) Is not furnishing humane, kind, and adequate treatment | 32013 |
| and care | 32014 |
| 32015 |
| (5) Has had a long-standing pattern of violations of this | 32016 |
| chapter or the rules adopted under it that has caused physical, | 32017 |
| emotional, mental, or psychosocial harm to one or more residents. | 32018 |
| 32019 |
| Upon the issuance of any order of revocation, the person | 32020 |
| whose license is revoked, or the county home or district home that | 32021 |
| has its license revoked, may appeal in accordance with Chapter | 32022 |
| 119. of the Revised Code. | 32023 |
| | 32024 |
| 32025 | |
| 32026 | |
| 32027 | |
| 32028 | |
| 32029 | |
| 32030 | |
| 32031 | |
| 32032 | |
| 32033 | |
| 32034 |
| | 32035 |
| 32036 | |
| 32037 | |
| 32038 | |
| 32039 | |
| Once the director notifies a person, county home, or district home | 32040 |
| licensed to operate a home that the license may be revoked or | 32041 |
| issues any order under this section, the person, county home, or | 32042 |
| district home shall not assign or transfer to another person or | 32043 |
| entity the right to operate the home. This prohibition shall | 32044 |
| remain in effect until proceedings under Chapter 119. of the | 32045 |
| Revised Code concerning the order or license revocation have been | 32046 |
| concluded or the director notifies the person, county home, or | 32047 |
| district home that the prohibition has been lifted. | 32048 |
| If a license is revoked under this section, the former | 32049 |
| license holder shall not assign or transfer or consent to | 32050 |
| assignment or transfer of the right to operate the home. Any | 32051 |
| attempted assignment or transfer to another person or entity is | 32052 |
| void. | 32053 |
| On revocation of a license, the former licensee shall take | 32054 |
| all necessary steps to cease operation of the home. | 32055 |
| The director of health shall not accept a certificate of need | 32056 |
| application under section 3702.52 of the Revised Code regarding a | 32057 |
| home if the license to operate the home has been revoked under | 32058 |
| this section. | 32059 |
| Sec. 3721.032. The state fire marshal shall enforce all | 32060 |
| statutes and rules pertaining to fire safety in homes and shall | 32061 |
| adopt rules pertaining to fire safety in homes as the marshal | 32062 |
| determines necessary. The rules adopted by the marshal shall be in | 32063 |
| addition to those fire safety rules that the board of building | 32064 |
| standards and the public health council are empowered to adopt. In | 32065 |
| the event of a dispute between the marshal and another officer | 32066 |
| having responsibilities under sections 3721.01 to 3721.09 of the | 32067 |
| Revised Code with respect to the interpretation or application of | 32068 |
| a specific fire safety statute or rule, the interpretation of the | 32069 |
| marshal shall prevail. | 32070 |
| Sec. 3721.07. Every person desiring to operate a home and | 32071 |
| the superintendent or administrator of each county home or | 32072 |
| district home for which a license as a residential care facility | 32073 |
| is sought shall apply for a license to the director of health. The | 32074 |
| director shall issue a license for the home, if after | 32075 |
| investigation of the applicant and, if required by section 3721.02 | 32076 |
| of the Revised Code, inspection of the home, the following | 32077 |
| requirements or conditions are satisfied or complied with: | 32078 |
| (A) The applicant has not been convicted of a felony or a | 32079 |
| crime involving moral turpitude; | 32080 |
| (B) The applicant is not violating any of the rules made by | 32081 |
| the public health council or any order issued by the director of | 32082 |
| health; | 32083 |
| (C) The applicant has not had a license to operate the home | 32084 |
| revoked pursuant to section 3721.03 of the Revised Code because of | 32085 |
| any act or omission that jeopardized a resident's health, welfare, | 32086 |
| or safety nor has the applicant had a long-standing pattern of | 32087 |
| violations of this chapter or rules adopted under it that caused | 32088 |
| physical, emotional, mental, or psychosocial harm to one or more | 32089 |
| residents. | 32090 |
| (D) The buildings in which the home is housed have been | 32091 |
| approved by the state fire marshal or a township, municipal, or | 32092 |
| other legally constituted fire department approved by the marshal. | 32093 |
| In the approval of a home such agencies shall apply standards | 32094 |
| prescribed by the board of building standards, and by the state | 32095 |
| fire marshal, and by section 3721.071 of the Revised Code. | 32096 |
| | 32097 |
| principal participants, if it is an association or a corporation, | 32098 |
| is or are suitable financially and morally to operate a home; | 32099 |
| | 32100 |
| adequate treatment and care; | 32101 |
| | 32102 |
| (1) Facilities for the performance of major surgical | 32103 |
| procedures; | 32104 |
| (2) Facilities for providing therapeutic radiation; | 32105 |
| (3) An emergency ward; | 32106 |
| (4) A clinical laboratory unless it is under the supervision | 32107 |
| of a clinical pathologist who is a licensed physician in this | 32108 |
| state; | 32109 |
| (5) Facilities for radiological examinations unless such | 32110 |
| examinations are performed only by a person licensed to practice | 32111 |
| medicine, surgery, or dentistry in this state. | 32112 |
| | 32113 |
| upon the written orders of a physician licensed in this state, | 32114 |
| maternity cases, boarding children, and does not house transient | 32115 |
| guests, other than participants in an adult day-care program, for | 32116 |
| twenty-four hours or less; | 32117 |
| | 32118 |
| 3721.29 of the Revised Code. | 32119 |
| When the director issues a license, the license shall remain | 32120 |
| in effect until revoked by the director or voided at the request | 32121 |
| of the applicant; provided, there shall be an annual renewal fee | 32122 |
| payable during the month of January of each calendar year. Any | 32123 |
| licensed home that does not pay its renewal fee in January shall | 32124 |
| pay, beginning the first day of February, a late fee of one | 32125 |
| hundred dollars for each week or part thereof that the renewal fee | 32126 |
| is not paid. If either the renewal fee or the late fee is not paid | 32127 |
| by the fifteenth day of February, the director may, in accordance | 32128 |
| with Chapter 119. of the Revised Code, revoke the home's license. | 32129 |
| If, under division (B)(5) of section 3721.03 of the Revised | 32130 |
| Code, the license of a person has been revoked or the license of a | 32131 |
| county home or district home to operate as a residential care | 32132 |
| facility has been revoked, the director of health shall not issue | 32133 |
| a license to the person or home at any time. A person whose | 32134 |
| license is revoked, and a county home or district home that has | 32135 |
| its license as a residential care facility revoked other than | 32136 |
| under division (B)(5) of section 3721.03 of the Revised Code, for | 32137 |
| any reason other than nonpayment of the license renewal fee or | 32138 |
| late fees | 32139 |
| this chapter until a period of one year following the date of | 32140 |
| revocation has elapsed. | 32141 |
| Any applicant who is denied a license may appeal in | 32142 |
| accordance with Chapter 119. of the Revised Code. | 32143 |
| Sec. 3721.15. (A) Authorization from a resident or a sponsor | 32144 |
| with a power of attorney for a home to manage the resident's | 32145 |
| financial affairs shall be in writing and shall be attested to by | 32146 |
| a witness who is not connected in any manner whatsoever with the | 32147 |
| home or its administrator. The home shall maintain accounts | 32148 |
| pursuant to division (A)(27) of section 3721.13 of the Revised | 32149 |
| Code. Upon the resident's transfer, discharge, or death, the | 32150 |
| account shall be closed and a final accounting made. All remaining | 32151 |
| funds shall be returned to the resident or resident's sponsor, | 32152 |
| except in the case of death, when all remaining funds shall be | 32153 |
| transferred or used in accordance with
section | 32154 |
| of the Revised Code. | 32155 |
| (B) A home that manages a resident's financial affairs shall | 32156 |
| deposit the resident's funds in excess of one hundred dollars, and | 32157 |
| may deposit the resident's funds that are one hundred dollars or | 32158 |
| less, in an interest-bearing account separate from any of the | 32159 |
| home's operating accounts. Interest earned on the resident's funds | 32160 |
| shall be credited to the resident's account. A resident's funds | 32161 |
| that are one hundred dollars or less and have not been deposited | 32162 |
| in an interest-bearing account may be deposited in a | 32163 |
| noninterest-bearing account or petty cash fund. | 32164 |
| (C) Each resident whose financial affairs are managed by a | 32165 |
| home shall be promptly notified by the home when the total of the | 32166 |
| amount of funds in the resident's accounts and the petty cash fund | 32167 |
| plus other nonexempt resources reaches two hundred dollars less | 32168 |
| than the maximum amount permitted a recipient of medicaid. The | 32169 |
| notice shall include an explanation of the potential effect on the | 32170 |
| resident's eligibility for medicaid if the amount in the | 32171 |
| resident's accounts and the petty cash fund, plus the value of | 32172 |
| other nonexempt resources, exceeds the maximum assets a medicaid | 32173 |
| recipient may retain. | 32174 |
| (D) Each home that manages the financial affairs of residents | 32175 |
| shall purchase a surety bond or otherwise provide assurance | 32176 |
| satisfactory to the director of health, or, in the case of a home | 32177 |
| that participates in the medicaid program, to the director of job | 32178 |
| and family services, to assure the security of all residents' | 32179 |
| funds managed by the home. | 32180 |
| Sec. 3721.19. (A) As used in this section: | 32181 |
| (1) "Home" and "residential care facility" have the same | 32182 |
| meanings as in section 3721.01 of the Revised Code; | 32183 |
| (2) "Sponsor" and "residents' rights advocate" have the same | 32184 |
| meanings as in section 3721.10 of the Revised Code. | 32185 |
| A home licensed under this chapter that is not a party to a | 32186 |
| provider agreement, as defined in section 5111.20 of the Revised | 32187 |
| Code, shall provide each prospective resident, before admission, | 32188 |
| with the following information, orally and in a separate written | 32189 |
| notice on which is printed in a conspicuous manner: "This home is | 32190 |
| not a participant in the medical assistance program administered | 32191 |
| by the Ohio department of job and family services. Consequently, | 32192 |
| you may be discharged from this home if you are unable to pay for | 32193 |
| the services provided by this home." | 32194 |
| If the prospective resident has a sponsor whose identity is | 32195 |
| made known to the home, the home shall also inform the sponsor, | 32196 |
| before admission of the resident, of the home's status relative to | 32197 |
| the medical assistance program. Written acknowledgement of the | 32198 |
| receipt of the information shall be provided by the resident and, | 32199 |
| if the prospective resident has a sponsor who has been identified | 32200 |
| to the home, by the sponsor. The written acknowledgement shall be | 32201 |
| made part of the resident's record by the home. | 32202 |
| No home shall terminate its status as a provider under the | 32203 |
| 32204 | |
| section 5111.66 of the Revised Code and, at least ninety days | 32205 |
| prior to such termination, provided written notice to the | 32206 |
| 32207 | |
| and their sponsors of such action. This requirement shall not | 32208 |
| apply in cases where the department of job and family services | 32209 |
| terminates a home's provider agreement or provider status. | 32210 |
| (B) A home licensed under this chapter as a residential care | 32211 |
| facility shall provide notice to each prospective resident or the | 32212 |
| individual's sponsor of the services offered by the facility and | 32213 |
| the types of skilled nursing care that the facility may provide. A | 32214 |
| residential care facility that, pursuant to section 3721.012 of | 32215 |
| the Revised Code, has a policy of entering into risk agreements | 32216 |
| with residents or their sponsors shall provide each prospective | 32217 |
| resident or the individual's sponsor a written explanation of the | 32218 |
| policy and the provisions that may be contained in a risk | 32219 |
| agreement. At the time the information is provided, the facility | 32220 |
| shall obtain a statement signed by the individual receiving the | 32221 |
| information acknowledging that the individual received the | 32222 |
| information. The facility shall maintain on file the individual's | 32223 |
| signed statement. | 32224 |
| (C) A resident has a cause of action against a home for | 32225 |
| breach of any duty imposed by this section. The action may be | 32226 |
| commenced by the resident, or on the resident's behalf by the | 32227 |
| resident's sponsor or a residents' rights advocate, by the filing | 32228 |
| of a civil action in the court of common pleas of the county in | 32229 |
| which the home is located, or in the court of common pleas of | 32230 |
| Franklin county. | 32231 |
| If the court finds that a breach of any duty imposed by this | 32232 |
| section has occurred, the court shall enjoin the home from | 32233 |
| discharging the resident from the home until arrangements | 32234 |
| satisfactory to the court are made for the orderly transfer of the | 32235 |
| resident to another mode of health care including, but not limited | 32236 |
| to, another home, and may award the resident and a person or | 32237 |
| public agency that brings an action on behalf of a resident | 32238 |
| reasonable attorney's fees. If a home discharges a resident to | 32239 |
| whom or to whose sponsor information concerning its status | 32240 |
| relative to the medical assistance program was not provided as | 32241 |
| required under this section, the court shall grant any appropriate | 32242 |
| relief including, but not limited to, actual damages, reasonable | 32243 |
| attorney's fees, and costs. | 32244 |
| Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the | 32245 |
| Revised Code: | 32246 |
| (A) "Long-term care facility" means either of the following: | 32247 |
| (1) A nursing home as defined in section 3721.01 of the | 32248 |
| Revised Code, other than a nursing home or part of a nursing home | 32249 |
| certified as an intermediate care facility for the mentally | 32250 |
| retarded under Title XIX of the "Social Security Act," 49 Stat. | 32251 |
| 620 (1935), 42 U.S.C.A. 301, as amended; | 32252 |
| (2) A facility or part of a facility that is certified as a | 32253 |
| skilled nursing facility or a nursing facility under Title XVIII | 32254 |
| or XIX of the "Social Security Act." | 32255 |
| (B) "Residential care facility" has the same meaning as in | 32256 |
| section 3721.01 of the Revised Code. | 32257 |
| (C) "Abuse" means knowingly causing physical harm or | 32258 |
| recklessly causing serious physical harm to a resident by physical | 32259 |
| contact with the resident or by use of physical or chemical | 32260 |
| restraint, medication, or isolation as punishment, for staff | 32261 |
| convenience, excessively, as a substitute for treatment, or in | 32262 |
| amounts that preclude habilitation and treatment. | 32263 |
| (D) "Neglect" means recklessly failing to provide a resident | 32264 |
| with any treatment, care, goods, or service necessary to maintain | 32265 |
| the health or safety of the resident when the failure results in | 32266 |
| serious physical harm to the resident. "Neglect" does not include | 32267 |
| allowing a resident, at the resident's option, to receive only | 32268 |
| treatment by spiritual means through prayer in accordance with the | 32269 |
| tenets of a recognized religious denomination. | 32270 |
| (E) "Misappropriation" means depriving, defrauding, or | 32271 |
| otherwise obtaining the real or personal property of a resident by | 32272 |
| any means prohibited by the Revised Code, including violations of | 32273 |
| Chapter 2911. or 2913. of the Revised Code. | 32274 |
| (F) "Resident" includes a resident, patient, former resident | 32275 |
| or patient, or deceased resident or patient of a long-term care | 32276 |
| facility or a residential care facility. | 32277 |
| (G) "Physical restraint" has the same meaning as in section | 32278 |
| 3721.10 of the Revised Code. | 32279 |
| (H) "Chemical restraint" has the same meaning as in section | 32280 |
| 3721.10 of the Revised Code. | 32281 |
| (I) "Nursing and nursing-related services" means the personal | 32282 |
| care services and other services not constituting skilled nursing | 32283 |
| care that are specified in rules the public health council shall | 32284 |
| adopt in accordance with Chapter 119. of the Revised Code. | 32285 |
| (J) "Personal care services" has the same meaning as in | 32286 |
| section 3721.01 of the Revised Code. | 32287 |
| (K)(1) Except as provided in division (K)(2) of this section, | 32288 |
| " | 32289 |
| 32290 | |
| 32291 | |
| services to residents in a long-term care facility, either as a | 32292 |
| member of the staff of the facility for monetary compensation or | 32293 |
| as a volunteer without monetary compensation. | 32294 |
| (2) "Nurse aide" does not include either of the following: | 32295 |
| (a) A licensed health professional practicing within the | 32296 |
| scope of the professional's license; | 32297 |
| (b) An individual providing nursing and nursing-related | 32298 |
| services in a religious nonmedical health care facility, if the | 32299 |
| individual has been trained in the principles of nonmedical care | 32300 |
| and is recognized by the facility as being competent in the | 32301 |
| administration of care within the religious tenets practiced by | 32302 |
| the residents of the facility. | 32303 |
| (L) "Licensed health professional" means all of the | 32304 |
| following: | 32305 |
| (1) An occupational therapist or occupational therapy | 32306 |
| assistant licensed under Chapter 4755. of the Revised Code; | 32307 |
| (2) A physical therapist or physical therapy assistant | 32308 |
| licensed under Chapter 4755. of the Revised Code; | 32309 |
| (3) A physician authorized under Chapter 4731. of the Revised | 32310 |
| Code to practice medicine and surgery, osteopathic medicine and | 32311 |
| surgery, or podiatry; | 32312 |
| (4) A physician assistant authorized under Chapter 4730. of | 32313 |
| the Revised Code to practice as a physician assistant; | 32314 |
| (5) A registered nurse or licensed practical nurse licensed | 32315 |
| under Chapter 4723. of the Revised Code; | 32316 |
| (6) A social worker or independent social worker licensed | 32317 |
| under Chapter 4757. of the Revised Code or a social work assistant | 32318 |
| registered under that chapter; | 32319 |
| (7) A speech-language pathologist or audiologist licensed | 32320 |
| under Chapter 4753. of the Revised Code; | 32321 |
| (8) A dentist or dental hygienist licensed under Chapter | 32322 |
| 4715. of the Revised Code; | 32323 |
| (9) An optometrist licensed under Chapter 4725. of the | 32324 |
| Revised Code; | 32325 |
| (10) A pharmacist licensed under Chapter 4729. of the Revised | 32326 |
| Code; | 32327 |
| (11) A psychologist licensed under Chapter 4732. of the | 32328 |
| Revised Code; | 32329 |
| (12) A chiropractor licensed under Chapter 4734. of the | 32330 |
| Revised Code; | 32331 |
| (13) A nursing home administrator licensed or temporarily | 32332 |
| licensed under Chapter 4751. of the Revised Code; | 32333 |
| (14) A professional counselor or professional clinical | 32334 |
| counselor licensed under Chapter 4757. of the Revised Code. | 32335 |
| (M) "Religious nonmedical health care institution" means an | 32336 |
| institution that meets or exceeds the conditions to receive | 32337 |
| payment under the medicare program established under Title XVIII | 32338 |
| of the "Social Security Act" for inpatient hospital services or | 32339 |
| post-hospital extended care services furnished to an individual in | 32340 |
| a religious nonmedical health care institution, as defined in | 32341 |
| section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 | 32342 |
| (1965), 42 U.S.C. 1395x(ss)(1), as amended. | 32343 |
| (N) "Competency evaluation program" means a program through | 32344 |
| which the competency of a nurse aide to provide nursing and | 32345 |
| nursing-related services is evaluated. | 32346 |
| | 32347 |
| program of nurse aide training and evaluation of competency to | 32348 |
| provide nursing and nursing-related services. | 32349 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 32350 |
| Revised Code: | 32351 |
| (A) "Hospital" has the same meaning as in section 3727.01 of | 32352 |
| the Revised Code. | 32353 |
| (B) "Inpatient days" means all days during which a resident | 32354 |
| of a nursing facility, regardless of payment source, occupies a | 32355 |
| bed in the nursing facility that is included in the facility's | 32356 |
| certified capacity under Title XIX. Therapeutic or hospital leave | 32357 |
| days for which payment is made under section 5111.26 of the | 32358 |
| Revised Code are considered inpatient days proportionate to the | 32359 |
| percentage of the facility's per resident per day rate paid for | 32360 |
| those days. | 32361 |
| (C) "Medicaid" has the same meaning as in section 5111.01 of | 32362 |
| the Revised Code. | 32363 |
| (D) "Medicaid day" means all days during which a resident who | 32364 |
| is a medicaid recipient occupies a bed in a nursing facility that | 32365 |
| is included in the facility's certified capacity under Title XIX. | 32366 |
| Therapeutic or hospital leave days for which payment is made under | 32367 |
| section 5111.26 of the Revised Code are considered medicaid days | 32368 |
| proportionate to the percentage of the nursing facility's per | 32369 |
| resident per day rate for those days. | 32370 |
| (E) "Nursing facility" has the same meaning as in section | 32371 |
| 5111.20 of the Revised Code. | 32372 |
| (F)(1) "Nursing home" means all of the following: | 32373 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 32374 |
| of the Revised Code, including any part of a home for the aging | 32375 |
| licensed as a nursing home; | 32376 |
| (b) A facility or part of a facility, other than a hospital, | 32377 |
| that is certified as a skilled nursing facility under Title XVIII | 32378 |
| 32379 | |
| 32380 |
| (c) A nursing facility | 32381 |
| 32382 | |
| nursing facility. | 32383 |
| (2) "Nursing home" does not include | 32384 |
| (a) A county home, county nursing home, or district home | 32385 |
| operated pursuant to Chapter 5155.
of the Revised Code | 32386 |
| (b) A nursing home maintained and operated by the Ohio | 32387 |
| veterans' home agency under section 5907.01 of the Revised Code; | 32388 |
| (c) A nursing home or part of a nursing home licensed under | 32389 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 32390 |
| as an intermediate care facility for the mentally retarded under | 32391 |
| Title XIX | 32392 |
| | 32393 |
| 32394 |
| (G) "Title XIX" means Title XIX of the "Social Security Act," | 32395 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 32396 |
| (H) "Title XVIII" means Title XVIII of the "Social Security | 32397 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 32398 |
| Sec. 3721.51. The department of job and family services | 32399 |
| shall do all of the following: | 32400 |
| (A) | 32401 |
|
purposes specified in
| 32402 |
| Revised Code, determine an annual franchise permit fee on each | 32403 |
|
nursing home in an amount equal to
| 32404 |
| 32405 | |
| cents
for fiscal
years | 32406 |
| dollar for each fiscal year thereafter, multiplied by the product | 32407 |
| of the following: | 32408 |
| (1) The number of beds licensed as nursing home beds, plus | 32409 |
| any other beds certified as skilled nursing facility beds under | 32410 |
|
Title XVIII or nursing facility beds under Title XIX | 32411 |
| 32412 | |
| 32413 | |
| day of May of the calendar year in which the fee is determined | 32414 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 32415 |
| (2) The | 32416 |
| 32417 | |
| on the first day of July of the calendar year in which the fee is | 32418 |
| determined pursuant to division (A) of section 3721.53 of the | 32419 |
| Revised Code. | 32420 |
| (B) | 32421 |
|
purposes specified in
| 32422 |
| Revised Code, determine an annual franchise permit fee on each | 32423 |
|
hospital in an amount equal to
| 32424 |
| 32425 | |
| for
fiscal years
| 32426 |
| for each fiscal year thereafter, multiplied by the product of the | 32427 |
| following: | 32428 |
| (1) The number of beds registered pursuant to section 3701.07 | 32429 |
| of the Revised Code as skilled nursing facility beds or long-term | 32430 |
| care beds, plus any other beds licensed as nursing home beds under | 32431 |
| section 3721.02 or 3721.09 of the Revised Code, on
| 32432 |
| 32433 | |
| calendar year in which the fee is determined pursuant to division | 32434 |
| (A) of section 3721.53 of the Revised Code; | 32435 |
| (2) The | 32436 |
| 32437 | |
| on the first day of July of the calendar year in which the fee is | 32438 |
| determined pursuant to division (A) of section 3721.53 of the | 32439 |
| Revised Code. | 32440 |
| (C) If the United States centers for medicare and medicaid | 32441 |
| services determines that the franchise permit fee established by | 32442 |
|
sections
3721.50
to
3721.58 of the Revised Code | 32443 |
| impermissible health care related tax under section 1903(w) of the | 32444 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 32445 |
|
amended, | 32446 |
|
necessary actions to
cease implementation of | 32447 |
| 3721.50 to 3721.58 of the Revised Code in accordance with rules | 32448 |
| adopted under section 3721.58 of the Revised Code. | 32449 |
| Sec. 3721.52. (A) For the purpose of the fee under division | 32450 |
| (A) of section 3721.51 of the Revised Code, the department of | 32451 |
|
health
shall, | 32452 |
| 32453 | |
| to the department of job and family services the number of beds in | 32454 |
|
each nursing
home licensed on | 32455 |
| 32456 | |
| 3721.02 or 3721.09 of the Revised Code or certified on that date | 32457 |
|
under Title XVIII or
XIX | 32458 |
| 32459 |
| (B) For the purpose of the fee under division (B) of section | 32460 |
|
3721.51 of the Revised Code, the department of health
shall, | 32461 |
| 32462 | |
| later than the first day of each June, report to the department of | 32463 |
| job and family services the number of beds in each hospital | 32464 |
|
registered
on | 32465 |
| preceding first day of May pursuant to section 3701.07 of the | 32466 |
| Revised Code as skilled nursing facility or long-term care beds or | 32467 |
| licensed on that date under section 3721.02 or 3721.09 of the | 32468 |
| Revised Code as nursing home beds. | 32469 |
| Sec. 3721.541. (A) In addition to assessing a penalty | 32470 |
| pursuant to section 3721.54 of the Revised Code, the department of | 32471 |
| job and family services may do either of the following if a | 32472 |
| nursing facility or hospital fails to pay the full amount of a | 32473 |
| franchise permit fee installment when due: | 32474 |
| (1) Withhold an amount equal to the installment and penalty | 32475 |
| assessed under section 3721.54 of the Revised Code from a medicaid | 32476 |
| payment due the nursing facility or hospital until the nursing | 32477 |
| facility or hospital pays the installment and penalty; | 32478 |
| (2) Terminate the nursing facility or hospital's medicaid | 32479 |
| provider agreement. | 32480 |
| (B) The department may withhold a medicaid payment under | 32481 |
| division (A)(1) of this section without providing notice to the | 32482 |
| nursing facility or hospital and without conducting an | 32483 |
| adjudication under Chapter 119. of the Revised Code. | 32484 |
| Sec. 3721.56. | 32485 |
| created in the state treasury the home- and community-based | 32486 |
| services for the aged fund. Sixteen per cent of all payments and | 32487 |
| penalties paid by nursing homes and hospitals under sections | 32488 |
|
3721.53 and 3721.54 of the
Revised Code
for fiscal
| 32489 |
| 32490 | |
| 32491 | |
| 2007, and all such payments and penalties paid for subsequent | 32492 |
|
fiscal
years, shall be deposited into the | 32493 |
| 32494 | |
| 32495 | |
| services and aging shall use the moneys in the fund to fund the | 32496 |
| following in accordance with rules adopted under section 3721.58 | 32497 |
| of the Revised Code: | 32498 |
| | 32499 |
| under
Chapter
5111. of the Revised Code | 32500 |
| | 32501 |
| section 173.40 of the Revised Code; | 32502 |
| | 32503 |
| under section 173.35 of the Revised Code. | 32504 |
| | 32505 |
| 32506 | |
| 32507 | |
| 32508 | |
| 32509 | |
| 32510 | |
| 32511 | |
| 32512 | |
| 32513 | |
| 32514 |
| Sec. 3721.561. (A) There is hereby created in the state | 32515 |
| treasury the nursing facility stabilization fund. All payments and | 32516 |
| penalties paid by nursing homes and hospitals under sections | 32517 |
| 3721.53 and 3721.54 of the Revised Code that are not deposited | 32518 |
| into the home and community-based services for the aged fund shall | 32519 |
| be deposited into the fund. The department of job and family | 32520 |
| services shall use the money in the fund to do all of the | 32521 |
| following: | 32522 |
| (1) Make medicaid payments to nursing facilities; | 32523 |
| (2) Beginning with the fourth quarter of calendar year 2006 | 32524 |
| and each quarter thereafter, pay each nursing facility an amount | 32525 |
| determined as follows: | 32526 |
| (a) Divide the amount of the franchise permit fee that the | 32527 |
| nursing facility pays under section 3721.53 of the Revised Code | 32528 |
| for the fiscal year in which the payment is made by the nursing | 32529 |
| facility's inpatient days for the calendar year preceding that | 32530 |
| fiscal year; | 32531 |
| (b) Multiply the amount determined under division (A)(2)(a) | 32532 |
| of this section by the nursing facility's medicaid days for the | 32533 |
| calendar year preceding the fiscal year in which the payment is | 32534 |
| made; | 32535 |
| (c) Divide the amount determined under division (A)(2)(b) of | 32536 |
| this section for the nursing facility by four. | 32537 |
| (B) Any money remaining in the nursing facility stabilization | 32538 |
| fund after payments specified in division (A) of this section are | 32539 |
| made shall be retained in the fund. Any interest or other | 32540 |
| investment proceeds earned on money in the fund shall be credited | 32541 |
| to the fund and used to make medicaid payments in accordance with | 32542 |
| division (A)(1) of this section. | 32543 |
| Sec. 3721.58. The director of job and family services shall | 32544 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 32545 |
|
do
| 32546 |
| (A) Prescribe the actions the department of job and family | 32547 |
| services will take to cease implementation of sections 3721.50 | 32548 |
|
through 3721.57 of the
Revised Code if the United States | 32549 |
| 32550 | |
| services determines that the franchise permit fee established by | 32551 |
| those sections is an impermissible health-care related tax under | 32552 |
| section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935), | 32553 |
| 42 U.S.C. | 32554 |
| (B) Establish the method of distributing moneys in the home | 32555 |
| and community-based services for the aged fund created under | 32556 |
| section 3721.56 of the Revised Code; | 32557 |
| (C) Establish any requirements or procedures the director | 32558 |
| considers necessary to implement sections 3721.50 to 3721.58 of | 32559 |
| the Revised Code. | 32560 |
| Sec. 3722.01. (A) As used in this chapter: | 32561 |
| (1) "Owner" means the person who owns the business of and who | 32562 |
| ultimately controls the operation of an adult care facility and to | 32563 |
| whom the manager, if different from the owner, is responsible. | 32564 |
| (2) "Manager" means the person responsible for the daily | 32565 |
| operation of an adult care facility. The manager and the owner of | 32566 |
| a facility may be the same person. | 32567 |
| (3) "Adult" means an individual eighteen years of age or | 32568 |
| older. | 32569 |
| (4) "Unrelated" means that an adult resident is not related | 32570 |
| to the owner or manager of an adult care facility or to the | 32571 |
| owner's or manager's spouse as a parent, grandparent, child, | 32572 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 32573 |
| uncle, or as the child of an aunt or uncle. | 32574 |
| (5) "Skilled nursing care" means skilled nursing care as | 32575 |
| defined in section 3721.01 of the Revised Code. | 32576 |
| (6)(a) "Personal care services" means services including, but | 32577 |
| not limited to, the following: | 32578 |
| (i) Assisting residents with activities of daily living; | 32579 |
| (ii) Assisting residents with self-administration of | 32580 |
| medication, in accordance with rules adopted by the public health | 32581 |
| council pursuant to this chapter; | 32582 |
| (iii) Preparing special diets, other than complex therapeutic | 32583 |
| diets, for residents pursuant to the instructions of a physician | 32584 |
| or a licensed dietitian, in accordance with rules adopted by the | 32585 |
| public health council pursuant to this chapter. | 32586 |
| (b) "Personal care services" does not include "skilled | 32587 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 32588 |
| facility need not provide more than one of the services listed in | 32589 |
| division (A)(6)(a) of this section to be considered to be | 32590 |
| providing personal care services. | 32591 |
| (7) "Adult family home" means a residence or facility that | 32592 |
| provides accommodations to three to five unrelated adults and | 32593 |
| supervision and personal care services to at least three of those | 32594 |
| adults. | 32595 |
| (8) "Adult group home" means a residence or facility that | 32596 |
| provides accommodations to six to sixteen unrelated adults and | 32597 |
| provides supervision and personal care services to at least three | 32598 |
| of the unrelated adults. | 32599 |
| (9) "Adult care facility" means an adult family home or an | 32600 |
| adult group home. For the purposes of this chapter, any residence, | 32601 |
| facility, institution, hotel, congregate housing project, or | 32602 |
| similar facility that provides accommodations and supervision to | 32603 |
| three to sixteen unrelated adults, at least three of whom are | 32604 |
| provided personal care services, is an adult care facility | 32605 |
| regardless of how the facility holds itself out to the public. | 32606 |
| "Adult care facility" does not include: | 32607 |
| (a) A facility operated by a hospice care program licensed | 32608 |
| under section 3712.04 of the Revised Code that is used exclusively | 32609 |
| for care of hospice patients; | 32610 |
| (b) A nursing home, residential care facility, or home for | 32611 |
| the aging as defined in section 3721.01 of the Revised Code; | 32612 |
| (c) A community alternative home as defined in section | 32613 |
| 3724.01 of the Revised Code; | 32614 |
| (d) An alcohol and drug addiction program as defined in | 32615 |
| section 3793.01 of the Revised Code; | 32616 |
| (e) | 32617 |
| 32618 |
| | 32619 |
| the department of mental health under section 5119.22 of the | 32620 |
| Revised Code; | 32621 |
| | 32622 |
| under section 3793.11 of the Revised Code; | 32623 |
| | 32624 |
| of the Revised Code or otherwise regulated by the department of | 32625 |
| mental retardation and developmental disabilities; | 32626 |
| | 32627 |
| project, or similar facility that provides personal care services | 32628 |
| to fewer than three residents or that provides, for any number of | 32629 |
| residents, only housing, housekeeping, laundry, meal preparation, | 32630 |
| social or recreational activities, maintenance, security, | 32631 |
| transportation, and similar services that are not personal care | 32632 |
| services or skilled nursing care; | 32633 |
| | 32634 |
| from the department of development under any program established | 32635 |
| to provide emergency shelter housing or transitional housing for | 32636 |
| the homeless; | 32637 |
| | 32638 |
| entered into an agreement with a hospice care program under | 32639 |
| section 3712.07 of the Revised Code; | 32640 |
| | 32641 |
| under section 104(a) of the "Veterans Health Care Amendments of | 32642 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 32643 |
| exclusively for the placement and care of veterans; | 32644 |
| | 32645 |
| which care is provided exclusively to members of a religious order | 32646 |
| if the facility is owned by or part of a nonprofit institution of | 32647 |
| higher education authorized to award degrees by the Ohio board of | 32648 |
| regents under Chapter 1713. of the Revised Code. | 32649 |
| (10) "Residents' rights advocate" means: | 32650 |
| (a) An employee or representative of any state or local | 32651 |
| government entity that has a responsibility for residents of adult | 32652 |
| care facilities and has registered with the department of health | 32653 |
| under section 3701.07 of the Revised Code; | 32654 |
| (b) An employee or representative, other than a manager or | 32655 |
| employee of an adult care facility or nursing home, of any private | 32656 |
| nonprofit corporation or association that qualifies for tax-exempt | 32657 |
| status under section 501(a) of the "Internal Revenue Code of | 32658 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 32659 |
| registered with the department of health under section 3701.07 of | 32660 |
| the Revised Code, and whose purposes include educating and | 32661 |
| counseling residents, assisting residents in resolving problems | 32662 |
| and complaints concerning their care and treatment, and assisting | 32663 |
| them in securing adequate services. | 32664 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 32665 |
| of a resident of an adult care facility who has an interest in or | 32666 |
| responsibility for the resident's welfare. | 32667 |
| (12) "Ombudsperson" means a "representative of the office of | 32668 |
| the state long-term care ombudsperson program" as defined in | 32669 |
| section 173.14 of the Revised Code. | 32670 |
| (13) "Mental health agency" means a community mental health | 32671 |
| agency, as defined in section 5119.22 of the Revised Code, under | 32672 |
| contract with a board of alcohol, drug addiction, and mental | 32673 |
| health services pursuant to division (A)(8)(a) of section 340.03 | 32674 |
| of the Revised Code. | 32675 |
| (B) For purposes of this chapter, personal care services or | 32676 |
| skilled nursing care shall be considered to be provided by a | 32677 |
| facility if they are provided by a person employed by or | 32678 |
| associated with the facility or by another person pursuant to an | 32679 |
| agreement to which neither the resident who receives the services | 32680 |
| nor the resident's sponsor is a party. | 32681 |
| (C) Nothing in division (A)(6) of this section shall be | 32682 |
| construed to permit personal care services to be imposed upon a | 32683 |
| resident who is capable of performing the activity in question | 32684 |
| without assistance. | 32685 |
| Sec. 3722.02. A person seeking a license to operate an adult | 32686 |
| care facility shall submit to the director of health an | 32687 |
| application on a form prescribed by the director and the | 32688 |
| following: | 32689 |
| (A) In the case of an adult group home seeking licensure as | 32690 |
| an adult care facility, evidence that the home has been inspected | 32691 |
| and approved by a local certified building department or by the | 32692 |
| division of industrial compliance in the department of commerce as | 32693 |
| meeting the applicable requirements of sections 3781.06 to 3781.18 | 32694 |
| and 3791.04 of the Revised Code and any rules adopted under those | 32695 |
| sections and evidence that the home has been inspected by the | 32696 |
| state fire marshal or fire prevention officer of a municipal, | 32697 |
| township, or other legally constituted fire department approved by | 32698 |
| the state fire marshal and found to be in compliance with rules | 32699 |
| adopted under section 3737.83 of the Revised Code regarding fire | 32700 |
| prevention and safety in adult group homes; | 32701 |
| (B) Valid approvals of the facility's water and sewage | 32702 |
| systems issued by the responsible governmental entity, if | 32703 |
| applicable; | 32704 |
| (C) A statement of ownership containing the following | 32705 |
| information: | 32706 |
| (1) If the owner is an individual, the owner's name, address, | 32707 |
| telephone number, business address, business telephone number, and | 32708 |
| occupation. If the owner is an association, corporation, or | 32709 |
| partnership, the business activity, address, and telephone number | 32710 |
| of the entity and the name of every person who has an ownership | 32711 |
| interest of five per cent or more in the entity. | 32712 |
| (2) If the owner does not own the building or if the owner | 32713 |
| owns only part of the building in which the facility is housed, | 32714 |
| the name of each person who has an ownership interest of five per | 32715 |
| cent or more in the building; | 32716 |
| (3) The address of any adult care facility and any facility | 32717 |
|
described in divisions (A)(9)(a) to | 32718 |
| the Revised Code in which the owner has an ownership interest of | 32719 |
| five per cent or more; | 32720 |
| (4) The identity of the manager of the adult care facility, | 32721 |
| if different from the owner; | 32722 |
| (5) The name and address of any adult care facility and any | 32723 |
|
facility described in divisions (A)(9)(a) to | 32724 |
| 3722.01 of the Revised Code with which either the owner or manager | 32725 |
| has been affiliated through ownership or employment in the five | 32726 |
| years prior to the date of the application; | 32727 |
| (6) The names and addresses of three persons not employed by | 32728 |
| or associated in business with the owner who will provide | 32729 |
| information about the character, reputation, and competence of the | 32730 |
| owner and the manager and the financial responsibility of the | 32731 |
| owner; | 32732 |
| (7) Information about any arrest of the owner or manager for, | 32733 |
| or adjudication or conviction of, a criminal offense related to | 32734 |
| the provision of care in an adult care facility or any facility | 32735 |
|
described in divisions (A)(9)(a) to | 32736 |
| the Revised Code or the ability to operate a facility; | 32737 |
| (8) Any other information the director may require regarding | 32738 |
| the owner's ability to operate the facility. | 32739 |
| (D) If the facility is an adult group home, a balance sheet | 32740 |
| showing the assets and liabilities of the owner and a statement | 32741 |
| projecting revenues and expenses for the first twelve months of | 32742 |
| the facility's operation; | 32743 |
| (E) Proof of insurance in an amount and type determined in | 32744 |
| rules adopted by the public health council pursuant to this | 32745 |
| chapter to be adequate; | 32746 |
| (F) A nonrefundable license application fee in an amount | 32747 |
| established in rules adopted by the public health council pursuant | 32748 |
| to this chapter. | 32749 |
| Sec. 3734.01. As used in this chapter: | 32750 |
| (A) "Board of health" means the board of health of a city or | 32751 |
| general health district or the authority having the duties of a | 32752 |
| board of health in any city as authorized by section 3709.05 of | 32753 |
| the Revised Code. | 32754 |
| (B) "Director" means the director of environmental | 32755 |
| protection. | 32756 |
| (C) "Health district" means a city or general health district | 32757 |
| as created by or under authority of Chapter 3709. of the Revised | 32758 |
| Code. | 32759 |
| (D) "Agency" means the environmental protection agency. | 32760 |
| (E) "Solid wastes" means such unwanted residual solid or | 32761 |
| semisolid material as results from industrial, commercial, | 32762 |
| agricultural, and community operations, excluding earth or | 32763 |
| material from construction, mining, or demolition operations, or | 32764 |
| other waste materials of the type that normally would be included | 32765 |
| in demolition debris, nontoxic fly ash and bottom ash, including | 32766 |
| at least ash that results from the combustion of coal and ash that | 32767 |
| results from the combustion of coal in combination with scrap | 32768 |
| tires where scrap tires comprise not more than fifty per cent of | 32769 |
| heat input in any month, spent nontoxic foundry sand, nontoxic, | 32770 |
| nonhazardous, unwanted fired and unfired, glazed and unglazed, | 32771 |
| structural shale and clay products, and slag and other substances | 32772 |
| that are not harmful or inimical to public health, and includes, | 32773 |
| but is not limited to, garbage, scrap tires, combustible and | 32774 |
| noncombustible material, street dirt, and debris. "Solid wastes" | 32775 |
| does not include any material that is an infectious waste or a | 32776 |
| hazardous waste. | 32777 |
| (F) "Disposal" means the discharge, deposit, injection, | 32778 |
| dumping, spilling, leaking, emitting, or placing of any solid | 32779 |
| wastes or hazardous waste into or on any land or ground or surface | 32780 |
| water or into the air, except if the disposition or placement | 32781 |
| constitutes storage or treatment or, if the solid wastes consist | 32782 |
| of scrap tires, the disposition or placement constitutes a | 32783 |
| beneficial use or occurs at a scrap tire recovery facility | 32784 |
| licensed under section 3734.81 of the Revised Code. | 32785 |
| (G) "Person" includes the state, any political subdivision | 32786 |
| and other state or local body, the United States and any agency or | 32787 |
| instrumentality thereof, and any legal entity defined as a person | 32788 |
| under section 1.59 of the Revised Code. | 32789 |
| (H) "Open burning" means the burning of solid wastes in an | 32790 |
| open area or burning of solid wastes in a type of chamber or | 32791 |
| vessel that is not approved or authorized in rules adopted by the | 32792 |
| director under section 3734.02 of the Revised Code or, if the | 32793 |
| solid wastes consist of scrap tires, in rules adopted under | 32794 |
| division (V) of this section or section 3734.73 of the Revised | 32795 |
| Code, or the burning of treated or untreated infectious wastes in | 32796 |
| an open area or in a type of chamber or vessel that is not | 32797 |
| approved in rules adopted by the director under section 3734.021 | 32798 |
| of the Revised Code. | 32799 |
| (I) "Open dumping" means the depositing of solid wastes into | 32800 |
| a body or stream of water or onto the surface of the ground at a | 32801 |
| site that is not licensed as a solid waste facility under section | 32802 |
| 3734.05 of the Revised Code or, if the solid wastes consist of | 32803 |
| scrap tires, as a scrap tire collection, storage, monocell, | 32804 |
| monofill, or recovery facility under section 3734.81 of the | 32805 |
| Revised Code; the depositing of solid wastes that consist of scrap | 32806 |
| tires onto the surface of the ground at a site or in a manner not | 32807 |
| specifically identified in divisions (C)(2) to (5), (7), or (10) | 32808 |
| of section 3734.85 of the Revised Code; the depositing of | 32809 |
| untreated infectious wastes into a body or stream of water or onto | 32810 |
| the surface of the ground; or the depositing of treated infectious | 32811 |
| wastes into a body or stream of water or onto the surface of the | 32812 |
| ground at a site that is not licensed as a solid waste facility | 32813 |
| under section 3734.05 of the Revised Code. | 32814 |
| (J) "Hazardous waste" means any waste or combination of | 32815 |
| wastes in solid, liquid, semisolid, or contained gaseous form that | 32816 |
| in the determination of the director, because of its quantity, | 32817 |
| concentration, or physical or chemical characteristics, may do | 32818 |
| either of the following: | 32819 |
| (1) Cause or significantly contribute to an increase in | 32820 |
| mortality or an increase in serious irreversible or incapacitating | 32821 |
| reversible illness; | 32822 |
| (2) Pose a substantial present or potential hazard to human | 32823 |
| health or safety or to the environment when improperly stored, | 32824 |
| treated, transported, disposed of, or otherwise managed. | 32825 |
| "Hazardous waste" includes any substance identified by | 32826 |
| regulation as hazardous waste under the "Resource Conservation and | 32827 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 32828 |
| amended, and does not include any substance that is subject to the | 32829 |
| "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as | 32830 |
| amended. | 32831 |
| (K) "Treat" or "treatment," when used in connection with | 32832 |
| hazardous waste, means any method, technique, or process designed | 32833 |
| to change the physical, chemical, or biological characteristics or | 32834 |
| composition of any hazardous waste; to neutralize the waste; to | 32835 |
| recover energy or material resources from the waste; to render the | 32836 |
| waste nonhazardous or less hazardous, safer to transport, store, | 32837 |
| or dispose of, or amenable for recovery, storage, further | 32838 |
| treatment, or disposal; or to reduce the volume of the waste. When | 32839 |
| used in connection with infectious wastes, "treat" or "treatment" | 32840 |
| means any method, technique, or process designed to render the | 32841 |
| wastes noninfectious, including, without limitation, steam | 32842 |
| sterilization and incineration, or, in the instance of wastes | 32843 |
| identified in division (R)(7) of this section, to substantially | 32844 |
| reduce or eliminate the potential for the wastes to cause | 32845 |
| lacerations or puncture wounds. | 32846 |
| (L) "Manifest" means the form used for identifying the | 32847 |
| quantity, composition, origin, routing, and destination of | 32848 |
| hazardous waste during its transportation from the point of | 32849 |
| generation to the point of disposal, treatment, or storage. | 32850 |
| (M) "Storage," when used in connection with hazardous waste, | 32851 |
| means the holding of hazardous waste for a temporary period in | 32852 |
| such a manner that it remains retrievable and substantially | 32853 |
| unchanged physically and chemically and, at the end of the period, | 32854 |
| is treated; disposed of; stored elsewhere; or reused, recycled, or | 32855 |
| reclaimed in a beneficial manner. When used in connection with | 32856 |
| solid wastes that consist of scrap tires, "storage" means the | 32857 |
| holding of scrap tires for a temporary period in such a manner | 32858 |
| that they remain retrievable and, at the end of that period, are | 32859 |
| beneficially used; stored elsewhere; placed in a scrap tire | 32860 |
| monocell or monofill facility licensed under section 3734.81 of | 32861 |
| the Revised Code; processed at a scrap tire recovery facility | 32862 |
| licensed under that section or a solid waste incineration or | 32863 |
| energy recovery facility subject to regulation under this chapter; | 32864 |
| or transported to a scrap tire monocell, monofill, or recovery | 32865 |
| facility, any other solid waste facility authorized to dispose of | 32866 |
| scrap tires, or a facility that will beneficially use the scrap | 32867 |
| tires, that is located in another state and is operating in | 32868 |
| compliance with the laws of the state in which the facility is | 32869 |
| located. | 32870 |
| (N) "Facility" means any site, location, tract of land, | 32871 |
| installation, or building used for incineration, composting, | 32872 |
| sanitary landfilling, or other methods of disposal of solid wastes | 32873 |
| or, if the solid wastes consist of scrap tires, for the | 32874 |
| collection, storage, or processing of the solid wastes; for the | 32875 |
| transfer of solid wastes; for the treatment of infectious wastes; | 32876 |
| or for the storage, treatment, or disposal of hazardous waste. | 32877 |
| (O) "Closure" means the time at which a hazardous waste | 32878 |
| facility will no longer accept hazardous waste for treatment, | 32879 |
| storage, or disposal, the time at which a solid waste facility | 32880 |
| will no longer accept solid wastes for transfer or disposal or, if | 32881 |
| the solid wastes consist of scrap tires, for storage or | 32882 |
| processing, or the effective date of an order revoking the permit | 32883 |
| for a hazardous waste facility or the registration certificate, | 32884 |
| permit, or license for a solid waste facility, as applicable. | 32885 |
| "Closure" includes measures performed to protect public health or | 32886 |
| safety, to prevent air or water pollution, or to make the facility | 32887 |
| suitable for other uses, if any, including, but not limited to, | 32888 |
| the removal of processing residues resulting from solid wastes | 32889 |
| that consist of scrap tires; the establishment and maintenance of | 32890 |
| a suitable cover of soil and vegetation over cells in which | 32891 |
| hazardous waste or solid wastes are buried; minimization of | 32892 |
| erosion, the infiltration of surface water into such cells, the | 32893 |
| production of leachate, and the accumulation and runoff of | 32894 |
| contaminated surface water; the final construction of facilities | 32895 |
| for the collection and treatment of leachate and contaminated | 32896 |
| surface water runoff, except as otherwise provided in this | 32897 |
| division; the final construction of air and water quality | 32898 |
| monitoring facilities, except as otherwise provided in this | 32899 |
| division; the final construction of methane gas extraction and | 32900 |
| treatment systems; or the removal and proper disposal of hazardous | 32901 |
| waste or solid wastes from a facility when necessary to protect | 32902 |
| public health or safety or to abate or prevent air or water | 32903 |
| pollution. With regard to a solid waste facility that is a scrap | 32904 |
| tire facility, "closure" includes the final construction of | 32905 |
| facilities for the collection and treatment of leachate and | 32906 |
| contaminated surface water runoff and the final construction of | 32907 |
| air and water quality monitoring facilities only if those actions | 32908 |
| are determined to be necessary. | 32909 |
| (P) "Premises" means either of the following: | 32910 |
| (1) Geographically contiguous property owned by a generator; | 32911 |
| (2) Noncontiguous property that is owned by a generator and | 32912 |
| connected by a right-of-way that the generator controls and to | 32913 |
| which the public does not have access. Two or more pieces of | 32914 |
| property that are geographically contiguous and divided by public | 32915 |
| or private right-of-way or rights-of-way are a single premises. | 32916 |
| (Q) "Post-closure" means that period of time following | 32917 |
| closure during which a hazardous waste facility is required to be | 32918 |
| monitored and maintained under this chapter and rules adopted | 32919 |
| under it, including, without limitation, operation and maintenance | 32920 |
| of methane gas extraction and treatment systems, or the period of | 32921 |
| time after closure during which a scrap tire monocell or monofill | 32922 |
| facility licensed under section 3734.81 of the Revised Code is | 32923 |
| required to be monitored and maintained under this chapter and | 32924 |
| rules adopted under it. | 32925 |
| (R) "Infectious wastes" includes all of the following | 32926 |
| substances or categories of substances: | 32927 |
| (1) Cultures and stocks of infectious agents and associated | 32928 |
| biologicals, including, without limitation, specimen cultures, | 32929 |
| cultures and stocks of infectious agents, wastes from production | 32930 |
| of biologicals, and discarded live and attenuated vaccines; | 32931 |
| (2) Laboratory wastes that were, or are likely to have been, | 32932 |
| in contact with infectious agents that may present a substantial | 32933 |
| threat to public health if improperly managed; | 32934 |
| (3) Pathological wastes, including, without limitation, human | 32935 |
| and animal tissues, organs, and body parts, and body fluids and | 32936 |
| excreta that are contaminated with or are likely to be | 32937 |
| contaminated with infectious agents, removed or obtained during | 32938 |
| surgery or autopsy or for diagnostic evaluation, provided that, | 32939 |
| with regard to pathological wastes from animals, the animals have | 32940 |
| or are likely to have been exposed to a zoonotic or infectious | 32941 |
| agent; | 32942 |
| (4) Waste materials from the rooms of humans, or the | 32943 |
| enclosures of animals, that have been isolated because of | 32944 |
| diagnosed communicable disease that are likely to transmit | 32945 |
| infectious agents. Such waste materials from the rooms of humans | 32946 |
| do not include any wastes of patients who have been placed on | 32947 |
| blood and body fluid precautions under the universal precaution | 32948 |
| system established by the centers for disease control in the | 32949 |
| public health service of the United States department of health | 32950 |
| and human services, except to the extent specific wastes generated | 32951 |
| under the universal precautions system have been identified as | 32952 |
| infectious wastes by rules adopted under division (R)(8) of this | 32953 |
| section. | 32954 |
| (5) Human and animal blood specimens and blood products that | 32955 |
| are being disposed of, provided that, with regard to blood | 32956 |
| specimens and blood products from animals, the animals were or are | 32957 |
| likely to have been exposed to a zoonotic or infectious agent. | 32958 |
| "Blood products" does not include patient care waste such as | 32959 |
| bandages or disposable gowns that are lightly soiled with blood or | 32960 |
| other body fluids unless those wastes are soiled to the extent | 32961 |
| that the generator of the wastes determines that they should be | 32962 |
| managed as infectious wastes. | 32963 |
| (6) Contaminated carcasses, body parts, and bedding of | 32964 |
| animals that were intentionally exposed to infectious agents from | 32965 |
| zoonotic or human diseases during research, production of | 32966 |
| biologicals, or testing of pharmaceuticals, and carcasses and | 32967 |
| bedding of animals otherwise infected by zoonotic or infectious | 32968 |
| agents that may present a substantial threat to public health if | 32969 |
| improperly managed; | 32970 |
| (7) Sharp wastes used in the treatment, diagnosis, or | 32971 |
| inoculation of human beings or animals or that have, or are likely | 32972 |
| to have, come in contact with infectious agents in medical, | 32973 |
| research, or industrial laboratories, including, without | 32974 |
| limitation, hypodermic needles and syringes, scalpel blades, and | 32975 |
| glass articles that have been broken; | 32976 |
| (8) Any other waste materials generated in the diagnosis, | 32977 |
| treatment, or immunization of human beings or animals, in research | 32978 |
| pertaining thereto, or in the production or testing of | 32979 |
| biologicals, that the public health council created in section | 32980 |
| 3701.33 of the Revised Code, by rules adopted in accordance with | 32981 |
| Chapter 119. of the Revised Code, identifies as infectious wastes | 32982 |
| after determining that the wastes present a substantial threat to | 32983 |
| human health when improperly managed because they are contaminated | 32984 |
| with, or are likely to be contaminated with, infectious agents. | 32985 |
| (S) "Infectious agent" means a type of microorganism, | 32986 |
| helminth, or virus that causes, or significantly contributes to | 32987 |
| the cause of, increased morbidity or mortality of human beings. | 32988 |
| (T) "Zoonotic agent" means a type of microorganism, helminth, | 32989 |
| or virus that causes disease in vertebrate animals and that is | 32990 |
| transmissible to human beings and causes or significantly | 32991 |
| contributes to the cause of increased morbidity or mortality of | 32992 |
| human beings. | 32993 |
| (U) "Solid waste transfer facility" means any site, location, | 32994 |
| tract of land, installation, or building that is used or intended | 32995 |
| to be used primarily for the purpose of transferring solid wastes | 32996 |
| that were generated off the premises of the facility from vehicles | 32997 |
| or containers into other vehicles for transportation to a solid | 32998 |
| waste disposal facility. "Solid waste transfer facility" does not | 32999 |
| include any facility that consists solely of portable containers | 33000 |
| that have an aggregate volume of fifty cubic yards or less nor any | 33001 |
| facility where legitimate recycling activities are conducted. | 33002 |
| (V) "Beneficially use" means to use a scrap tire in a manner | 33003 |
| that results in a commodity for sale or exchange or in any other | 33004 |
| manner authorized as a beneficial use in rules adopted by the | 33005 |
| director in accordance with Chapter 119. of the Revised Code. | 33006 |
| (W) "Commercial car," "commercial tractor," "farm machinery," | 33007 |
| "motor bus," "vehicles," "motor vehicle," and "semitrailer" have | 33008 |
| the same meanings as in section 4501.01 of the Revised Code. | 33009 |
| (X) "Construction equipment" means road rollers, traction | 33010 |
| engines, power shovels, power cranes, and other equipment used in | 33011 |
| construction work, or in mining or producing or processing | 33012 |
| aggregates, and not designed for or used in general highway | 33013 |
| transportation. | 33014 |
| (Y) "Motor vehicle salvage dealer" has the same meaning as in | 33015 |
| section 4738.01 of the Revised Code. | 33016 |
| (Z) "Scrap tire" means an unwanted or discarded tire. | 33017 |
| (AA) "Scrap tire collection facility" means any facility that | 33018 |
| meets all of the following qualifications: | 33019 |
| (1) The facility is used for the receipt and storage of whole | 33020 |
| scrap tires from the public prior to their transportation to a | 33021 |
| scrap tire storage, monocell, monofill, or recovery facility | 33022 |
| licensed under section 3734.81 of the Revised Code; a solid waste | 33023 |
| incineration or energy recovery facility subject to regulation | 33024 |
| under this chapter; a premises within the state where the scrap | 33025 |
| tires will be beneficially used; or a scrap tire storage, | 33026 |
| monocell, monofill, or recovery facility, any other solid waste | 33027 |
| disposal facility authorized to dispose of scrap tires, or a | 33028 |
| facility that will beneficially use the scrap tires, that is | 33029 |
| located in another state, and that is operating in compliance with | 33030 |
| the laws of the state in which the facility is located | 33031 |
| (2) The facility exclusively stores scrap tires in portable | 33032 |
| containers | 33033 |
| (3) The aggregate storage of the portable containers in which | 33034 |
| the scrap tires are stored does not exceed five thousand cubic | 33035 |
| feet. | 33036 |
| (BB) "Scrap tire monocell facility" means an individual site | 33037 |
| within a solid waste landfill that is used exclusively for the | 33038 |
| environmentally sound storage or disposal of whole scrap tires or | 33039 |
| scrap tires that have been shredded, chipped, or otherwise | 33040 |
| mechanically processed. | 33041 |
| (CC) "Scrap tire monofill facility" means an engineered | 33042 |
| facility used or intended to be used exclusively for the storage | 33043 |
| or disposal of scrap tires, including at least facilities for the | 33044 |
| submergence of whole scrap tires in a body of water. | 33045 |
| (DD) "Scrap tire recovery facility" means any facility, or | 33046 |
| portion thereof, for the processing of scrap tires for the purpose | 33047 |
| of extracting or producing usable products, materials, or energy | 33048 |
| from the scrap tires through a controlled combustion process, | 33049 |
| mechanical process, or chemical process. "Scrap tire recovery | 33050 |
| facility" includes any facility that uses the controlled | 33051 |
| combustion of scrap tires in a manufacturing process to produce | 33052 |
| process heat or steam or any facility that produces usable heat or | 33053 |
| electric power through the controlled combustion of scrap tires in | 33054 |
| combination with another fuel, but does not include any solid | 33055 |
| waste incineration or energy recovery facility that is designed, | 33056 |
| constructed, and used for the primary purpose of incinerating | 33057 |
| mixed municipal solid wastes and that burns scrap tires in | 33058 |
| conjunction with mixed municipal solid wastes, or any tire | 33059 |
| retreading business, tire manufacturing finishing center, or tire | 33060 |
| adjustment center having on the premises of the business a single, | 33061 |
| covered scrap tire storage area at which not more than four | 33062 |
| thousand scrap tires are stored. | 33063 |
| (EE) "Scrap tire storage facility" means any facility where | 33064 |
| whole scrap tires are stored prior to their transportation to a | 33065 |
| scrap tire monocell, monofill, or recovery facility licensed under | 33066 |
| section 3734.81 of the Revised Code; a solid waste incineration or | 33067 |
| energy recovery facility subject to regulation under this chapter; | 33068 |
| a premises within the state where the scrap tires will be | 33069 |
| beneficially used; or a scrap tire storage, monocell, monofill, or | 33070 |
| recovery facility, any other solid waste disposal facility | 33071 |
| authorized to dispose of scrap tires, or a facility that will | 33072 |
| beneficially use the scrap tires, that is located in another | 33073 |
| state, and that is operating in compliance with the laws of the | 33074 |
| state in which the facility is located. | 33075 |
| (FF) "Used oil" means any oil that has been refined from | 33076 |
| crude oil, or any synthetic oil, that has been used and, as a | 33077 |
| result of that use, is contaminated by physical or chemical | 33078 |
| impurities. "Used oil" includes only those substances identified | 33079 |
| as used oil by the United States environmental protection agency | 33080 |
| under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 | 33081 |
| U.S.C.A. 6901a, as amended. | 33082 |
| Sec. 3734.02. (A) The director of environmental protection, | 33083 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 33084 |
| and may amend, suspend, or rescind rules having uniform | 33085 |
| application throughout the state governing solid waste facilities | 33086 |
| and the inspections of and issuance of permits and licenses for | 33087 |
| all solid waste facilities in order to ensure that the facilities | 33088 |
| will be located, maintained, and operated, and will undergo | 33089 |
| closure and post-closure care, in a sanitary manner so as not to | 33090 |
| create a nuisance, cause or contribute to water pollution, create | 33091 |
| a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. | 33092 |
| 257.3-8, as amended. The rules may include, without limitation, | 33093 |
| financial assurance requirements for closure and post-closure care | 33094 |
| and corrective action and requirements for taking corrective | 33095 |
| action in the event of the surface or subsurface discharge or | 33096 |
| migration of explosive gases or leachate from a solid waste | 33097 |
| facility, or of ground water contamination resulting from the | 33098 |
| transfer or disposal of solid wastes at a facility, beyond the | 33099 |
| boundaries of any area within a facility that is operating or is | 33100 |
| undergoing closure or post-closure care where solid wastes were | 33101 |
| disposed of or are being disposed of. The rules shall not concern | 33102 |
| or relate to personnel policies, salaries, wages, fringe benefits, | 33103 |
| or other conditions of employment of employees of persons owning | 33104 |
| or operating solid waste facilities. The director, in accordance | 33105 |
| with Chapter 119. of the Revised Code, shall adopt and may amend, | 33106 |
| suspend, or rescind rules governing the issuance, modification, | 33107 |
| revocation, suspension, or denial of variances from the director's | 33108 |
| solid waste rules, including, without limitation, rules adopted | 33109 |
| under this chapter governing the management of scrap tires. | 33110 |
| Variances shall be issued, modified, revoked, suspended, or | 33111 |
| rescinded in accordance with this division, rules adopted under | 33112 |
| it, and Chapter 3745. of the Revised Code. The director may order | 33113 |
| the person to whom a variance is issued to take such action within | 33114 |
| such time as the director may determine to be appropriate and | 33115 |
| reasonable to prevent the creation of a nuisance or a hazard to | 33116 |
| the public health or safety or the environment. Applications for | 33117 |
| variances shall contain such detail plans, specifications, and | 33118 |
| information regarding objectives, procedures, controls, and other | 33119 |
| pertinent data as the director may require. The director shall | 33120 |
| grant a variance only if the applicant demonstrates to the | 33121 |
| director's satisfaction that construction and operation of the | 33122 |
| solid waste facility in the manner allowed by the variance and any | 33123 |
| terms or conditions imposed as part of the variance will not | 33124 |
| create a nuisance or a hazard to the public health or safety or | 33125 |
| the environment. In granting any variance, the director shall | 33126 |
| state the specific provision or provisions whose terms are to be | 33127 |
| varied and also shall state specific terms or conditions imposed | 33128 |
| upon the applicant in place of the provision or provisions. The | 33129 |
| director may hold a public hearing on an application for a | 33130 |
| variance or renewal of a variance at a location in the county | 33131 |
| where the operations that are the subject of the application for | 33132 |
| the variance are conducted. The director shall give not less than | 33133 |
| twenty days' notice of the hearing to the applicant by certified | 33134 |
| mail and shall publish at least one notice of the hearing in a | 33135 |
| newspaper with general circulation in the county where the hearing | 33136 |
| is to be held. The director shall make available for public | 33137 |
| inspection at the principal office of the environmental protection | 33138 |
| agency a current list of pending applications for variances and a | 33139 |
| current schedule of pending variance hearings. The director shall | 33140 |
| make a complete stenographic record of testimony and other | 33141 |
| evidence submitted at the hearing. Within ten days after the | 33142 |
| hearing, the director shall make a written determination to issue, | 33143 |
| renew, or deny the variance and shall enter the determination and | 33144 |
| the basis for it into the record of the hearing. The director | 33145 |
| shall issue, renew, or deny an application for a variance or | 33146 |
| renewal of a variance within six months of the date upon which the | 33147 |
| director receives a complete application with all pertinent | 33148 |
| information and data required. No variance shall be issued, | 33149 |
| revoked, modified, or denied until the director has considered the | 33150 |
| relative interests of the applicant, other persons and property | 33151 |
| affected by the variance, and the general public. Any variance | 33152 |
| granted under this division shall be for a period specified by the | 33153 |
| director and may be renewed from time to time on such terms and | 33154 |
| for such periods as the director determines to be appropriate. No | 33155 |
| application shall be denied and no variance shall be revoked or | 33156 |
| modified without a written order stating the findings upon which | 33157 |
| the denial, revocation, or modification is based. A copy of the | 33158 |
| order shall be sent to the applicant or variance holder by | 33159 |
| certified mail. | 33160 |
| (B) The director shall prescribe and furnish the forms | 33161 |
| necessary to administer and enforce this chapter. The director may | 33162 |
| cooperate with and enter into agreements with other state, local, | 33163 |
| or federal agencies to carry out the purposes of this chapter. The | 33164 |
| director may exercise all incidental powers necessary to carry out | 33165 |
| the purposes of this chapter. | 33166 |
| The director may use moneys in the infectious waste | 33167 |
| management fund created in section 3734.021 of the Revised Code | 33168 |
| exclusively for administering and enforcing the provisions of this | 33169 |
| chapter governing the management of infectious wastes. Of each | 33170 |
| registration and renewal fee collected under rules adopted under | 33171 |
| division (A) | 33172 |
| 3734.022 of the Revised Code, the director, within forty-five days | 33173 |
| of its receipt, shall remit from the fund one-half of the fee | 33174 |
| received to the board of health of the health district in which | 33175 |
| the registered premises is located, or, in the instance of an | 33176 |
| infectious wastes transporter, to the board of health of the | 33177 |
| health district in which the transporter's principal place of | 33178 |
| business is located. However, if the board of health having | 33179 |
| jurisdiction over a registrant's premises or principal place of | 33180 |
| business is not on the approved list under section 3734.08 of the | 33181 |
| Revised Code, the director shall not make that payment to the | 33182 |
| board of health. | 33183 |
| (C) Except as provided in this division and divisions (N)(2) | 33184 |
| and (3) of this section, no person shall establish a new solid | 33185 |
| waste facility or infectious waste treatment facility, or modify | 33186 |
| an existing solid waste facility or infectious waste treatment | 33187 |
| facility, without submitting an application for a permit with | 33188 |
| accompanying detail plans, specifications, and information | 33189 |
| regarding the facility and method of operation and receiving a | 33190 |
| permit issued by the director, except that no permit shall be | 33191 |
| required under this division to install or operate a solid waste | 33192 |
| facility for sewage sludge treatment or disposal when the | 33193 |
| treatment or disposal is authorized by a current permit issued | 33194 |
| under Chapter 3704. or 6111. of the Revised Code. | 33195 |
| No person shall continue to operate a solid waste facility | 33196 |
| for which the director has denied a permit for which an | 33197 |
| application was required under division (A)(3) of section 3734.05 | 33198 |
| of the Revised Code, or for which the director has disapproved | 33199 |
| plans and specifications required to be filed by an order issued | 33200 |
| under division (A)(5) of that section, after the date prescribed | 33201 |
| for commencement of closure of the facility in the order issued | 33202 |
| under division (A)(6) of section 3734.05 of the Revised Code | 33203 |
| denying the permit application or approval. | 33204 |
| On and after the effective date of the rules adopted under | 33205 |
| division (A) of this section and division (D) of section 3734.12 | 33206 |
| of the Revised Code governing solid waste transfer facilities, no | 33207 |
| person shall establish a new, or modify an existing, solid waste | 33208 |
| transfer facility without first submitting an application for a | 33209 |
| permit with accompanying engineering detail plans, specifications, | 33210 |
| and information regarding the facility and its method of operation | 33211 |
| to the director and receiving a permit issued by the director. | 33212 |
| No person shall establish a new compost facility or continue | 33213 |
| to operate an existing compost facility that accepts exclusively | 33214 |
| source separated yard wastes without submitting a completed | 33215 |
| registration for the facility to the director in accordance with | 33216 |
| rules adopted under divisions (A) and (N)(3) of this section. | 33217 |
| This division does not apply to an infectious waste treatment | 33218 |
| facility that meets any of the following conditions: | 33219 |
| (1) Is owned or operated by the generator of the wastes and | 33220 |
| exclusively treats, by methods, techniques, and practices | 33221 |
| established by rules adopted under division (C)(1) or (3) of | 33222 |
| section 3734.021 of the Revised Code, wastes that are generated at | 33223 |
| any premises owned or operated by that generator regardless of | 33224 |
| whether the wastes are generated on the premises where the | 33225 |
| generator's treatment facility is located or, if the generator is | 33226 |
| a hospital as defined in section 3727.01 of the Revised Code, | 33227 |
|
infectious wastes that are described in division (A) | 33228 |
| 33229 |
| (2) Holds a license or renewal of a license to operate a | 33230 |
| crematory facility issued under Chapter 4717. and a permit issued | 33231 |
| under Chapter 3704. of the Revised Code; | 33232 |
| (3) Treats or disposes of dead animals or parts thereof, or | 33233 |
| the blood of animals, and is subject to any of the following: | 33234 |
| (a) Inspection under the "Federal Meat Inspection Act," 81 | 33235 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 33236 |
| (b) Chapter 918. of the Revised Code; | 33237 |
| (c) Chapter 953. of the Revised Code. | 33238 |
| (D) Neither this chapter nor any rules adopted under it apply | 33239 |
| to single-family residential premises; to infectious wastes | 33240 |
| generated by individuals for purposes of their own care or | 33241 |
| treatment that are disposed of with solid wastes from the | 33242 |
| individual's residence; to the temporary storage of solid wastes, | 33243 |
| other than scrap tires, prior to their collection for disposal; to | 33244 |
| the storage of one hundred or fewer scrap tires unless they are | 33245 |
| stored in such a manner that, in the judgment of the director or | 33246 |
| the board of health of the health district in which the scrap | 33247 |
| tires are stored, the storage causes a nuisance, a hazard to | 33248 |
| public health or safety, or a fire hazard; or to the collection of | 33249 |
| solid wastes, other than scrap tires, by a political subdivision | 33250 |
| or a person holding a franchise or license from a political | 33251 |
| subdivision of the state; to composting, as defined in section | 33252 |
| 1511.01 of the Revised Code, conducted in accordance with section | 33253 |
| 1511.022 of the Revised Code; or to any person who is licensed to | 33254 |
| transport raw rendering material to a compost facility pursuant to | 33255 |
| section 953.23 of the Revised Code. | 33256 |
| (E)(1) As used in this division: | 33257 |
| (a) "On-site facility" means a facility that stores, treats, | 33258 |
| or disposes of hazardous waste that is generated on the premises | 33259 |
| of the facility. | 33260 |
| (b) "Off-site facility" means a facility that stores, treats, | 33261 |
| or disposes of hazardous waste that is generated off the premises | 33262 |
| of the facility and includes such a facility that is also an | 33263 |
| on-site facility. | 33264 |
| (c) "Satellite facility" means any of the following: | 33265 |
| (i) An on-site facility that also receives hazardous waste | 33266 |
| from other premises owned by the same person who generates the | 33267 |
| waste on the facility premises; | 33268 |
| (ii) An off-site facility operated so that all of the | 33269 |
| hazardous waste it receives is generated on one or more premises | 33270 |
| owned by the person who owns the facility; | 33271 |
| (iii) An on-site facility that also receives hazardous waste | 33272 |
| that is transported uninterruptedly and directly to the facility | 33273 |
| through a pipeline from a generator who is not the owner of the | 33274 |
| facility. | 33275 |
| (2) Except as provided in division (E)(3) of this section, no | 33276 |
| person shall establish or operate a hazardous waste facility, or | 33277 |
| use a solid waste facility for the storage, treatment, or disposal | 33278 |
| of any hazardous waste, without a hazardous waste facility | 33279 |
| installation and operation permit issued in accordance with | 33280 |
| section 3734.05 of the Revised Code and subject to the payment of | 33281 |
| an application fee not to exceed one thousand five hundred | 33282 |
| dollars, payable upon application for a hazardous waste facility | 33283 |
| installation and operation permit and upon application for a | 33284 |
| renewal permit issued under division (H) of section 3734.05 of the | 33285 |
| Revised Code, to be credited to the hazardous waste facility | 33286 |
| management fund created in section 3734.18 of the Revised Code. | 33287 |
| The term of a hazardous waste facility installation and operation | 33288 |
| permit shall not exceed ten years. | 33289 |
| In addition to the application fee, there is hereby levied an | 33290 |
| annual permit fee to be paid by the permit holder upon the | 33291 |
| anniversaries of the date of issuance of the hazardous waste | 33292 |
| facility installation and operation permit and of any subsequent | 33293 |
| renewal permits and to be credited to the hazardous waste facility | 33294 |
| management fund. Annual permit fees totaling forty thousand | 33295 |
| dollars or more for any one facility may be paid on a quarterly | 33296 |
| basis with the first quarterly payment each year being due on the | 33297 |
| anniversary of the date of issuance of the hazardous waste | 33298 |
| facility installation and operation permit and of any subsequent | 33299 |
| renewal permits. The annual permit fee shall be determined for | 33300 |
| each permit holder by the director in accordance with the | 33301 |
| following schedule: | 33302 |
| TYPE OF BASIC | 33303 | |||||
| MANAGEMENT UNIT | TYPE OF FACILITY | FEE | 33304 | |||
| Storage facility using: | 33305 | |||||
| Containers | On-site, off-site, and | 33306 | ||||
| satellite | $ 500 | 33307 | ||||
| Tanks | On-site, off-site, and | 33308 | ||||
| satellite | 500 | 33309 | ||||
| Waste pile | On-site, off-site, and | 33310 | ||||
| satellite | 3,000 | 33311 | ||||
| Surface impoundment | On-site and satellite | 8,000 | 33312 | |||
| Off-site | 10,000 | 33313 | ||||
| Disposal facility using: | 33314 | |||||
| Deep well injection | On-site and satellite | 15,000 | 33315 | |||
| Off-site | 25,000 | 33316 | ||||
| Landfill | On-site and satellite | 25,000 | 33317 | |||
| Off-site | 40,000 | 33318 | ||||
| Land application | On-site and satellite | 2,500 | 33319 | |||
| Off-site | 5,000 | 33320 | ||||
| Surface impoundment | On-site and satellite | 10,000 | 33321 | |||
| Off-site | 20,000 | 33322 | ||||
| Treatment facility using: | 33323 | |||||
| Tanks | On-site, off-site, and | 33324 | ||||
| satellite | 700 | 33325 | ||||
| Surface impoundment | On-site and satellite | 8,000 | 33326 | |||
| Off-site | 10,000 | 33327 | ||||
| Incinerator | On-site and satellite | 5,000 | 33328 | |||
| Off-site | 10,000 | 33329 | ||||
| Other forms | 33330 | |||||
| of treatment | On-site, off-site, and | 33331 | ||||
| satellite | 1,000 | 33332 |
| A hazardous waste disposal facility that disposes of | 33333 |
| hazardous waste by deep well injection and that pays the annual | 33334 |
| permit fee established in section 6111.046 of the Revised Code is | 33335 |
| not subject to the permit fee established in this division for | 33336 |
| disposal facilities using deep well injection unless the director | 33337 |
| determines that the facility is not in compliance with applicable | 33338 |
| requirements established under this chapter and rules adopted | 33339 |
| under it. | 33340 |
| In determining the annual permit fee required by this | 33341 |
| section, the director shall not require additional payments for | 33342 |
| multiple units of the same method of storage, treatment, or | 33343 |
| disposal or for individual units that are used for both storage | 33344 |
| and treatment. A facility using more than one method of storage, | 33345 |
| treatment, or disposal shall pay the permit fee indicated by the | 33346 |
| schedule for each such method. | 33347 |
| The director shall not require the payment of that portion of | 33348 |
| an annual permit fee of any permit holder that would apply to a | 33349 |
| hazardous waste management unit for which a permit has been | 33350 |
| issued, but for which construction has not yet commenced. Once | 33351 |
| construction has commenced, the director shall require the payment | 33352 |
| of a part of the appropriate fee indicated by the schedule that | 33353 |
| bears the same relationship to the total fee that the number of | 33354 |
| days remaining until the next anniversary date at which payment of | 33355 |
| the annual permit fee is due bears to three hundred sixty-five. | 33356 |
| The director, by rules adopted in accordance with Chapters | 33357 |
| 119. and 3745. of the Revised Code, shall prescribe procedures for | 33358 |
| collecting the annual permit fee established by this division and | 33359 |
| may prescribe other requirements necessary to carry out this | 33360 |
| division. | 33361 |
| (3) The prohibition against establishing or operating a | 33362 |
| hazardous waste facility without a hazardous waste facility | 33363 |
| installation and operation permit does not apply to either of the | 33364 |
| following: | 33365 |
| (a) A facility that is operating in accordance with a permit | 33366 |
| renewal issued under division (H) of section 3734.05 of the | 33367 |
| Revised Code, a revision issued under division (I) of that section | 33368 |
| as it existed prior to August 20, 1996, or a modification issued | 33369 |
| by the director under division (I) of that section on and after | 33370 |
| August 20, 1996; | 33371 |
| (b) Except as provided in division (J) of section 3734.05 of | 33372 |
| the Revised Code, a facility that will operate or is operating in | 33373 |
| accordance with a permit by rule, or that is not subject to permit | 33374 |
| requirements, under rules adopted by the director. In accordance | 33375 |
| with Chapter 119. of the Revised Code, the director shall adopt, | 33376 |
| and subsequently may amend, suspend, or rescind, rules for the | 33377 |
| purposes of division (E)(3)(b) of this section. Any rules so | 33378 |
| adopted shall be consistent with and equivalent to regulations | 33379 |
| pertaining to interim status adopted under the "Resource | 33380 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 33381 |
| 6921, as amended, except as otherwise provided in this chapter. | 33382 |
| If a modification is requested or proposed for a facility | 33383 |
| described in division (E)(3)(a) or (b) of this section, division | 33384 |
| (I)(7) of section 3734.05 of the Revised Code applies. | 33385 |
| (F) No person shall store, treat, or dispose of hazardous | 33386 |
| waste identified or listed under this chapter and rules adopted | 33387 |
| under it, regardless of whether generated on or off the premises | 33388 |
| where the waste is stored, treated, or disposed of, or transport | 33389 |
| or cause to be transported any hazardous waste identified or | 33390 |
| listed under this chapter and rules adopted under it to any other | 33391 |
| premises, except at or to any of the following: | 33392 |
| (1) A hazardous waste facility operating under a permit | 33393 |
| issued in accordance with this chapter; | 33394 |
| (2) A facility in another state operating under a license or | 33395 |
| permit issued in accordance with the "Resource Conservation and | 33396 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 33397 |
| amended; | 33398 |
| (3) A facility in another nation operating in accordance with | 33399 |
| the laws of that nation; | 33400 |
| (4) A facility holding a permit issued pursuant to Title I of | 33401 |
| the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 | 33402 |
| Stat. 1052, 33 U.S.C.A. 1401, as amended; | 33403 |
| (5) A hazardous waste facility as described in division | 33404 |
| (E)(3)(a) or (b) of this section. | 33405 |
| (G) The director, by order, may exempt any person generating, | 33406 |
| collecting, storing, treating, disposing of, or transporting solid | 33407 |
| wastes or hazardous waste, or processing solid wastes that consist | 33408 |
| of scrap tires, in such quantities or under such circumstances | 33409 |
| that, in the determination of the director, are unlikely to | 33410 |
| adversely affect the public health or safety or the environment | 33411 |
| from any requirement to obtain a registration certificate, permit, | 33412 |
| or license or comply with the manifest system or other | 33413 |
| requirements of this chapter. Such an exemption shall be | 33414 |
| consistent with and equivalent to any regulations adopted by the | 33415 |
| administrator of the United States environmental protection agency | 33416 |
| under the "Resource Conservation and Recovery Act of 1976," 90 | 33417 |
| Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise | 33418 |
| provided in this chapter. | 33419 |
| (H) No person shall engage in filling, grading, excavating, | 33420 |
| building, drilling, or mining on land where a hazardous waste | 33421 |
| facility, or a solid waste facility, was operated without prior | 33422 |
| authorization from the director, who shall establish the procedure | 33423 |
| for granting such authorization by rules adopted in accordance | 33424 |
| with Chapter 119. of the Revised Code. | 33425 |
| A public utility that has main or distribution lines above or | 33426 |
| below the land surface located on an easement or right-of-way | 33427 |
| across land where a solid waste facility was operated may engage | 33428 |
| in any such activity within the easement or right-of-way without | 33429 |
| prior authorization from the director for purposes of performing | 33430 |
| emergency repair or emergency replacement of its lines; of the | 33431 |
| poles, towers, foundations, or other structures supporting or | 33432 |
| sustaining any such lines; or of the appurtenances to those | 33433 |
| structures, necessary to restore or maintain existing public | 33434 |
| utility service. A public utility may enter upon any such easement | 33435 |
| or right-of-way without prior authorization from the director for | 33436 |
| purposes of performing necessary or routine maintenance of those | 33437 |
| portions of its existing lines; of the existing poles, towers, | 33438 |
| foundations, or other structures sustaining or supporting its | 33439 |
| lines; or of the appurtenances to any such supporting or | 33440 |
| sustaining structure, located on or above the land surface on any | 33441 |
| such easement or right-of-way. Within twenty-four hours after | 33442 |
| commencing any such emergency repair, replacement, or maintenance | 33443 |
| work, the public utility shall notify the director or the | 33444 |
| director's authorized representative of those activities and shall | 33445 |
| provide such information regarding those activities as the | 33446 |
| director or the director's representative may request. Upon | 33447 |
| completion of the emergency repair, replacement, or maintenance | 33448 |
| activities, the public utility shall restore any land of the solid | 33449 |
| waste facility disturbed by those activities to the condition | 33450 |
| existing prior to the commencement of those activities. | 33451 |
| (I) No owner or operator of a hazardous waste facility, in | 33452 |
| the operation of the facility, shall cause, permit, or allow the | 33453 |
| emission therefrom of any particulate matter, dust, fumes, gas, | 33454 |
| mist, smoke, vapor, or odorous substance that, in the opinion of | 33455 |
| the director, unreasonably interferes with the comfortable | 33456 |
| enjoyment of life or property by persons living or working in the | 33457 |
| vicinity of the facility, or that is injurious to public health. | 33458 |
| Any such action is hereby declared to be a public nuisance. | 33459 |
| (J) Notwithstanding any other provision of this chapter, in | 33460 |
| the event the director finds an imminent and substantial danger to | 33461 |
| public health or safety or the environment that creates an | 33462 |
| emergency situation requiring the immediate treatment, storage, or | 33463 |
| disposal of hazardous waste, the director may issue a temporary | 33464 |
| emergency permit to allow the treatment, storage, or disposal of | 33465 |
| the hazardous waste at a facility that is not otherwise authorized | 33466 |
| by a hazardous waste facility installation and operation permit to | 33467 |
| treat, store, or dispose of the waste. The emergency permit shall | 33468 |
| not exceed ninety days in duration and shall not be renewed. The | 33469 |
| director shall adopt, and may amend, suspend, or rescind, rules in | 33470 |
| accordance with Chapter 119. of the Revised Code governing the | 33471 |
| issuance, modification, revocation, and denial of emergency | 33472 |
| permits. | 33473 |
| (K) No owner or operator of a sanitary landfill shall | 33474 |
| knowingly accept for disposal, or dispose of, any infectious | 33475 |
| wastes, other than those subject to rules adopted under division | 33476 |
| (A)(1)(c) of section 3734.021 of the Revised Code, that have not | 33477 |
| been treated to render them noninfectious. For the purposes of | 33478 |
| this division, certification by the owner or operator of the | 33479 |
| treatment facility where the wastes were treated on the shipping | 33480 |
| paper required by rules adopted under division (D)(2) of that | 33481 |
| section creates a rebuttable presumption that the wastes have been | 33482 |
| so treated. | 33483 |
| (L) The director, in accordance with Chapter 119. of the | 33484 |
| Revised Code, shall adopt, and may amend, suspend, or rescind, | 33485 |
| rules having uniform application throughout the state establishing | 33486 |
| a training and certification program that shall be required for | 33487 |
| employees of boards of health who are responsible for enforcing | 33488 |
| the solid waste and infectious waste provisions of this chapter | 33489 |
| and rules adopted under them and for persons who are responsible | 33490 |
| for the operation of solid waste facilities or infectious waste | 33491 |
| treatment facilities. The rules shall provide all of the | 33492 |
| following, without limitation: | 33493 |
| (1) The program shall be administered by the director and | 33494 |
| shall consist of a course on new solid waste and infectious waste | 33495 |
| technologies, enforcement procedures, and rules; | 33496 |
| (2) The course shall be offered on an annual basis; | 33497 |
| (3) Those persons who are required to take the course under | 33498 |
| division (L) of this section shall do so triennially; | 33499 |
| (4) Persons who successfully complete the course shall be | 33500 |
| certified by the director; | 33501 |
| (5) Certification shall be required for all employees of | 33502 |
| boards of health who are responsible for enforcing the solid waste | 33503 |
| or infectious waste provisions of this chapter and rules adopted | 33504 |
| under them and for all persons who are responsible for the | 33505 |
| operation of solid waste facilities or infectious waste treatment | 33506 |
| facilities; | 33507 |
| (6)(a) All employees of a board of health who, on the | 33508 |
| effective date of the rules adopted under this division, are | 33509 |
| responsible for enforcing the solid waste or infectious waste | 33510 |
| provisions of this chapter and the rules adopted under them shall | 33511 |
| complete the course and be certified by the director not later | 33512 |
| than January 1, 1995; | 33513 |
| (b) All employees of a board of health who, after the | 33514 |
| effective date of the rules adopted under division (L) of this | 33515 |
| section, become responsible for enforcing the solid waste or | 33516 |
| infectious waste provisions of this chapter and rules adopted | 33517 |
| under them and who do not hold a current and valid certification | 33518 |
| from the director at that time shall complete the course and be | 33519 |
| certified by the director within two years after becoming | 33520 |
| responsible for performing those activities. | 33521 |
| No person shall fail to obtain the certification required | 33522 |
| under this division. | 33523 |
| (M) The director shall not issue a permit under section | 33524 |
| 3734.05 of the Revised Code to establish a solid waste facility, | 33525 |
| or to modify a solid waste facility operating on December 21, | 33526 |
| 1988, in a manner that expands the disposal capacity or geographic | 33527 |
| area covered by the facility, that is or is to be located within | 33528 |
| the boundaries of a state park established or dedicated under | 33529 |
| Chapter 1541. of the Revised Code, a state park purchase area | 33530 |
| established under section 1541.02 of the Revised Code, any unit of | 33531 |
| the national park system, or any property that lies within the | 33532 |
| boundaries of a national park or recreation area, but that has not | 33533 |
| been acquired or is not administered by the secretary of the | 33534 |
| United States department of the interior, located in this state, | 33535 |
| or any candidate area located in this state and identified for | 33536 |
| potential inclusion in the national park system in the edition of | 33537 |
| the "national park system plan" submitted under paragraph (b) of | 33538 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 33539 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 33540 |
| application for the permit, unless the facility or proposed | 33541 |
| facility is or is to be used exclusively for the disposal of solid | 33542 |
| wastes generated within the park or recreation area and the | 33543 |
| director determines that the facility or proposed facility will | 33544 |
| not degrade any of the natural or cultural resources of the park | 33545 |
| or recreation area. The director shall not issue a variance under | 33546 |
| division (A) of this section and rules adopted under it, or issue | 33547 |
| an exemption order under division (G) of this section, that would | 33548 |
| authorize any such establishment or expansion of a solid waste | 33549 |
| facility within the boundaries of any such park or recreation | 33550 |
| area, state park purchase area, or candidate area, other than a | 33551 |
| solid waste facility exclusively for the disposal of solid wastes | 33552 |
| generated within the park or recreation area when the director | 33553 |
| determines that the facility will not degrade any of the natural | 33554 |
| or cultural resources of the park or recreation area. | 33555 |
| (N)(1) The rules adopted under division (A) of this section, | 33556 |
| other than those governing variances, do not apply to scrap tire | 33557 |
| collection, storage, monocell, monofill, and recovery facilities. | 33558 |
| Those facilities are subject to and governed by rules adopted | 33559 |
| under sections 3734.70 to 3734.73 of the Revised Code, as | 33560 |
| applicable. | 33561 |
| (2) Division (C) of this section does not apply to scrap tire | 33562 |
| collection, storage, monocell, monofill, and recovery facilities. | 33563 |
| The establishment and modification of those facilities are subject | 33564 |
| to sections 3734.75 to 3734.78 and section 3734.81 of the Revised | 33565 |
| Code, as applicable. | 33566 |
| (3) The director may adopt, amend, suspend, or rescind rules | 33567 |
| under division (A) of this section creating an alternative system | 33568 |
| for authorizing the establishment, operation, or modification of a | 33569 |
| solid waste compost facility in lieu of the requirement that a | 33570 |
| person seeking to establish, operate, or modify a solid waste | 33571 |
| compost facility apply for and receive a permit under division (C) | 33572 |
| of this section and section 3734.05 of the Revised Code and a | 33573 |
| license under division (A)(1) of that section. The rules may | 33574 |
| include requirements governing, without limitation, the | 33575 |
| classification of solid waste compost facilities, the submittal of | 33576 |
| operating records for solid waste compost facilities, and the | 33577 |
| creation of a registration or notification system in lieu of the | 33578 |
| issuance of permits and licenses for solid waste compost | 33579 |
| facilities. The rules shall specify the applicability of divisions | 33580 |
| (A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised | 33581 |
| Code to a solid waste compost facility. | 33582 |
| Sec. 3734.021. Infectious wastes shall be segregated, | 33583 |
| packaged, treated, transported, and disposed of in accordance with | 33584 |
| rules adopted under this section. | 33585 |
| The director of environmental protection, in accordance with | 33586 |
| Chapter 119. of the Revised Code, shall adopt, and may amend and | 33587 |
| rescind, rules necessary or appropriate to protect human health or | 33588 |
| safety or the environment | 33589 |
| this section. | 33590 |
| (A) | 33591 |
| standards for generators of infectious
wastes that | 33592 |
| substantively equivalent to the standards established in 49 U.S.C. | 33593 |
| subtitle III, chapter 51, and regulations adopted or orders issued | 33594 |
| under it, including, without limitation, the following | 33595 |
| requirements and authorizations that: | 33596 |
| (1) | 33597 |
| (a) Place all infectious wastes | 33598 |
| 33599 | |
| 33600 | |
| 33601 | |
| 33602 | |
| 33603 | |
| 33604 | |
| 33605 | |
| 33606 | |
| with federal standards governing hazardous materials; | 33607 |
| (b) Either treat all specimen cultures and cultures of viable | 33608 |
| infectious agents on the premises where they are generated to | 33609 |
| render them noninfectious by methods, techniques, or practices | 33610 |
| prescribed by rules adopted under division (C)(1) of this section | 33611 |
| before they are transported off that premises for disposal or | 33612 |
| ensure that such wastes are treated to render them noninfectious | 33613 |
| at an infectious waste treatment facility off that premises that | 33614 |
| is owned or operated by the generator, an infectious waste | 33615 |
| treatment facility that holds a license issued under division (B) | 33616 |
| of section 3734.05 of the Revised Code, an infectious waste | 33617 |
| treatment facility that is located in another state that is in | 33618 |
| compliance with applicable state and federal laws, or a treatment | 33619 |
| facility that is authorized by rules adopted under division (C)(6) | 33620 |
| of this section, prior to disposal of the wastes | 33621 |
| (c) | 33622 |
| 33623 | |
| produces fewer than fifty pounds of infectious wastes during any | 33624 |
| one month that are subject to and packaged and labeled in | 33625 |
| accordance with rules adopted under division (A)(1)(a) of this | 33626 |
| section | 33627 |
| with federal standards governing hazardous materials and | 33628 |
| dispose of them in the same manner as solid wastes. Such | 33629 |
| generators who treat specimen cultures and cultures of viable | 33630 |
| infectious agents on the premises where they are generated shall | 33631 |
| not be considered treatment facilities as "treatment" and | 33632 |
| "facility" are defined in section 3734.01 of the Revised Code. | 33633 |
| (d) | 33634 |
| to and treated in accordance with rules adopted under division | 33635 |
| (A)(1)(b) of this section | 33636 |
| the same manner as solid wastes | 33637 |
| (e) For the purposes of this section and rules adopted under | 33638 |
| it, | 33639 |
| thereof
| 33640 |
| infectious
wastes produced by | 33641 |
| animals or parts meet either of the following: | 33642 |
| (i) Were not intentionally exposed to infectious agents | 33643 |
| during research, production of biologicals, or testing of | 33644 |
| pharmaceuticals; | 33645 |
| (ii) Either were produced by a veterinarian holding a license | 33646 |
| issued under Chapter 4741. of the Revised Code or were treated or | 33647 |
| disposed of by a person holding a license issued under Chapter | 33648 |
| 953. of the Revised Code. | 33649 |
| (f) For the purposes of this section and rules adopted under | 33650 |
| it, | 33651 |
| embalming fluids that are discharged on the site of their | 33652 |
| generation into a disposal system, as defined in section 6111.01 | 33653 |
| of the Revised Code, by a facility that holds a license or renewal | 33654 |
| of a
license issued
under Chapter 4717. of the
Revised Code | 33655 |
| 33656 | |
| produced by that generator. | 33657 |
| | 33658 |
| 33659 | |
| 33660 | |
| 33661 | |
| 33662 | |
| 33663 | |
| 33664 | |
| 33665 | |
| 33666 | |
| 33667 | |
| 33668 | |
| 33669 |
| | 33670 |
| emergency medical services organization, as defined in section | 33671 |
| 4765.01 of the Revised Code, may be taken to and left at a | 33672 |
| hospital, as defined in section 3727.01 of the Revised Code, for | 33673 |
| treatment at a treatment facility owned or operated by the | 33674 |
| hospital or, in conjunction with infectious wastes generated by | 33675 |
| the hospital, at another treatment facility regardless of whether | 33676 |
| the wastes were generated in providing care to the patient at the | 33677 |
| scene of an emergency or during the transportation of the patient | 33678 |
| to a hospital. An emergency medical services organization that | 33679 |
| transports infectious wastes that are so generated to a hospital | 33680 |
| for that purpose is not a transporter for the purposes of this | 33681 |
| section or section 3734.022 of the Revised Code. | 33682 |
| | 33683 |
| individual's own care or treatment may be taken to and left at a | 33684 |
| hospital, as defined in section 3727.01 of the Revised Code, for | 33685 |
| treatment at a treatment facility owned or operated by the | 33686 |
| hospital or, in conjunction with infectious wastes generated by | 33687 |
| the hospital, at another treatment facility. An individual or | 33688 |
| member of an individual's household who transports wastes so | 33689 |
| generated by the individual to a hospital for that purpose is not | 33690 |
| a transporter for the purposes of this section or section 3734.022 | 33691 |
| of the Revised Code. | 33692 |
| | 33693 |
| wastes during any one month: | 33694 |
| (a) | 33695 |
| agency as a generator of infectious wastes and obtain a | 33696 |
| registration certificate. The fee for issuance of a generator | 33697 |
| registration certificate is three hundred dollars payable at the | 33698 |
| time of application. The registration certificate applies to all | 33699 |
| the premises owned or operated by the generator in this state | 33700 |
| where infectious wastes are generated and shall list the address | 33701 |
| of each such premises. If a generator owns or operates facilities | 33702 |
| for the treatment of infectious wastes it generates, the | 33703 |
| certificate shall list the address and method of treatment used at | 33704 |
| each such facility. | 33705 |
| A generator registration certificate is valid for three years | 33706 |
| from the date of issuance and shall be renewed for a term of three | 33707 |
| years upon the generator's submission of an application for | 33708 |
| renewal and payment of a three hundred dollar renewal fee. | 33709 |
| The rules may establish a system of staggered renewal dates | 33710 |
| with approximately one-third of such certificates subject to | 33711 |
| renewal each year. The applicable renewal date shall be prescribed | 33712 |
| on each registration certificate. Registration fees shall be | 33713 |
| prorated according to the time remaining in the registration cycle | 33714 |
| to the nearest year. | 33715 |
| The registration and renewal fees shall be credited to the | 33716 |
| infectious wastes management fund, hereby created in the state | 33717 |
| treasury. | 33718 |
| (b) | 33719 |
| wastes at the point of generation. Nothing in this section and | 33720 |
| rules adopted under it prohibits a generator of infectious wastes | 33721 |
| from designating and managing wastes, in addition to those defined | 33722 |
| as infectious wastes under section 3734.01 of the Revised Code, as | 33723 |
| infectious wastes when, in the judgment of the generator, those | 33724 |
| other wastes should be managed as infectious wastes because they | 33725 |
| are, or are likely to be, contaminated with infectious agents. | 33726 |
| After designating any such other wastes as infectious, the | 33727 |
| generator shall manage those wastes in compliance with the | 33728 |
| requirements of this chapter and rules adopted under it applicable | 33729 |
| to the management of infectious wastes. | 33730 |
| (c) For purposes of containment, shall place infectious | 33731 |
| wastes | 33732 |
| 33733 | |
| 33734 | |
| 33735 | |
| 33736 | |
| 33737 | |
| 33738 | |
| 33739 | |
| 33740 | |
| 33741 | |
| 33742 | |
| 33743 | |
| with federal standards governing hazardous materials; | 33744 |
| (d) | 33745 |
| generates at a facility owned or operated by the generator by | 33746 |
| methods, techniques, or practices prescribed by rules adopted | 33747 |
| under division (C)(1) of this section to render them | 33748 |
| noninfectious, or designate the wastes for treatment off that | 33749 |
| premises at an infectious waste treatment facility holding a | 33750 |
| license issued under division (B) of section 3734.05 of the | 33751 |
| Revised Code, at an infectious waste treatment facility that is | 33752 |
| located in another state that is in compliance with applicable | 33753 |
| state and federal laws, or at a treatment facility authorized by | 33754 |
| rules adopted under division (C)(6) of this section, prior to | 33755 |
| disposal of the wastes. After being treated to render them | 33756 |
| noninfectious, the wastes shall be disposed of at a solid waste | 33757 |
| disposal facility holding a license issued under division (A) of | 33758 |
| section 3734.05 of the Revised Code or at a disposal facility in | 33759 |
| another state that is in compliance with applicable state and | 33760 |
| federal laws. | 33761 |
| (e) | 33762 |
| division (R)(7) of section 3734.01 of the Revised Code, not | 33763 |
| compact any such wastes until after the wastes have been treated | 33764 |
| in accordance with rules adopted under divisions (C)(1) and (3) of | 33765 |
| this section, and not compact or grind any other type of | 33766 |
| infectious wastes until after the wastes have been treated in | 33767 |
| accordance with rules adopted under division (C)(1) of this | 33768 |
| section; | 33769 |
| (f) May discharge untreated liquid or semiliquid infectious | 33770 |
| wastes consisting of blood, blood products, body fluids, and | 33771 |
| excreta into a disposal system, as defined in section 6111.01 of | 33772 |
| the Revised Code, unless the discharge of those wastes into a | 33773 |
| disposal system is inconsistent with the terms and conditions of | 33774 |
| the permit for the system issued under Chapter 6111. of the | 33775 |
| Revised Code; | 33776 |
| (g) | 33777 |
| under section 3734.022 of the Revised Code to transport off the | 33778 |
| premises where they were generated infectious wastes that have not | 33779 |
| been treated to render them noninfectious; | 33780 |
| (h) | 33781 |
| been treated to render them noninfectious, and those subject to | 33782 |
| rules adopted under division (A)(1)(a) of this section that have | 33783 |
| not also been treated in accordance with rules adopted under | 33784 |
| division (C)(3) of this section, to be transported in shipments | 33785 |
| consisting only of untreated infectious wastes; | 33786 |
| (i) May transport or cause to be transported infectious | 33787 |
| wastes that have been treated to render them noninfectious, and | 33788 |
| those wastes subject to rules adopted under division (A)(1)(a) of | 33789 |
| this section that have also been treated in accordance with rules | 33790 |
| adopted under division (C)(3) of this section, in the same manner | 33791 |
| as solid wastes are transported; | 33792 |
| (j) | 33793 |
| its infectious wastes, the treatment of the wastes to render them | 33794 |
| noninfectious, and the generator's system for distinguishing | 33795 |
| between waste packages that contain treated and untreated wastes | 33796 |
| to persons with whom the generator has entered into a contract or | 33797 |
| agreement to transport, treat, or dispose of the wastes upon | 33798 |
| receiving a written request from those persons; | 33799 |
| (k) | 33800 |
| treated or untreated, that are transported off the premises where | 33801 |
| they are
generated are accompanied by a shipping paper that | 33802 |
| 33803 | |
| 33804 | |
| governing hazardous materials shipping papers. | 33805 |
| (B) | 33806 |
| standards for transporters of infectious
wastes that | 33807 |
| 33808 | |
| 33809 |
| | 33810 |
| | 33811 |
| 33812 | |
| 33813 |
| | 33814 |
| 33815 | |
| 33816 | |
| 33817 | |
| 33818 |
| | 33819 |
| 33820 | |
| 33821 | |
| 33822 | |
| 33823 | |
| 33824 |
| | 33825 |
| 33826 | |
| 33827 | |
| 33828 | |
| 33829 |
| | 33830 |
| 33831 | |
| 33832 |
| | 33833 |
| 33834 | |
| 33835 | |
| 33836 | |
| 33837 | |
| 33838 | |
| 33839 | |
| 33840 | |
| 33841 | |
| 33842 | |
| 33843 | |
| 33844 |
| | 33845 |
| 33846 | |
| equivalent to the standards established in 49 U.S.C. subtitle III, | 33847 |
| chapter 51, and regulations adopted or orders issued under it. | 33848 |
| (C) | 33849 |
| standards for owners and operators of infectious waste treatment | 33850 |
| facilities that include, without limitation, the following | 33851 |
| requirements and authorizations that: | 33852 |
| (1) Treatment of all wastes received be performed in | 33853 |
| accordance with methods, techniques, and practices approved by the | 33854 |
| director; | 33855 |
| (2) Govern the location, design, construction, and operation | 33856 |
| of infectious waste treatment facilities. The rules adopted under | 33857 |
| division (C)(2) of this section shall require that a new | 33858 |
| infectious waste incineration facility be located so that the | 33859 |
| incinerator unit and all areas where infectious wastes are handled | 33860 |
| on the premises where the facility is proposed to be located are | 33861 |
| at least three hundred feet inside the property line of the tract | 33862 |
| of land on which the facility is proposed to be located and are at | 33863 |
| least one thousand feet from any domicile, school, prison, or jail | 33864 |
| that is in existence on the date on which the application for the | 33865 |
| permit to establish the incinerator is submitted under division | 33866 |
| (B)(2)(b) of section 3734.05 of the Revised Code. | 33867 |
| (3) Establish methods, techniques, and practices for | 33868 |
| treatment of wastes subject to rules adopted under division | 33869 |
| (A)(1)(a) of this section that may be used to substantially reduce | 33870 |
| or eliminate the potential of those wastes to cause lacerations or | 33871 |
| puncture wounds during handling, transportation, and disposal; | 33872 |
| (4) Establish quality control and testing procedures to | 33873 |
| ensure compliance with the rules adopted under divisions (C)(2) | 33874 |
| and (3) of this section; | 33875 |
| (5) Owners and operators of such facilities comply with the | 33876 |
| shipping paper system established by rules adopted under division | 33877 |
| (D) of this section; | 33878 |
| (6) Infectious wastes may be treated at a facility that holds | 33879 |
| a license or renewal of a license to operate a crematory facility | 33880 |
| issued under Chapter 4717., and a permit issued under Chapter | 33881 |
| 3704., of the Revised Code to the extent that the treatment of | 33882 |
| those wastes is consistent with that permit and its terms and | 33883 |
| conditions. The rules adopted under divisions (C)(2) and (4) of | 33884 |
| this section do not apply to a facility holding such a license and | 33885 |
| permit. | 33886 |
| In adopting the rules required by divisions (C)(1) to (4) of | 33887 |
| this section, the director shall consider and, to the maximum | 33888 |
| feasible extent, utilize existing standards and guidelines | 33889 |
| established by professional and governmental organizations having | 33890 |
| expertise in the fields of infection control and infectious wastes | 33891 |
| management. | 33892 |
| (D) | 33893 |
| standards for a system of shipping papers to accompany shipments | 33894 |
| of infectious wastes that are transported off the premises where | 33895 |
| they are generated | 33896 |
| | 33897 |
| 33898 | |
| 33899 |
| | 33900 |
| 33901 |
| | 33902 |
| 33903 |
| | 33904 |
| 33905 | |
| 33906 | |
| 33907 |
| | 33908 |
| 33909 | |
| 33910 | |
| 33911 | |
| 33912 | |
| 33913 | |
| 33914 | |
| 33915 | |
| 33916 | |
| 33917 | |
| 33918 | |
| 33919 | |
| 33920 | |
| 33921 | |
| 33922 |
| | 33923 |
| 33924 | |
| 33925 | |
| 33926 |
| | 33927 |
| 33928 | |
| 33929 |
| | 33930 |
| 33931 |
| | 33932 |
| 33933 | |
| 33934 | |
| 33935 | |
| 33936 | |
| 33937 | |
| 33938 | |
| 33939 | |
| 33940 | |
| 33941 | |
| 33942 | |
| established in 49 U.S.C. subtitle III, chapter 51, and regulations | 33943 |
| adopted or orders issued under it. | 33944 |
| (E) This section and rules adopted under it do not apply to | 33945 |
| the treatment or disposal of wastes consisting of dead animals or | 33946 |
| parts thereof | 33947 |
| circumstances: | 33948 |
| (1) By the owner of the animal after slaughter by the owner | 33949 |
| on the owner's premises to obtain meat for consumption by the | 33950 |
| owner and the members of the owner's household; | 33951 |
| (2) In accordance with Chapter 941. of the Revised Code;
| 33952 |
| (3) By persons who are subject to any of the following: | 33953 |
| (a) Inspection under the "Federal Meat Inspection Act," 81 | 33954 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 33955 |
| (b) Chapter 918. of the Revised Code; | 33956 |
| (c) Chapter 953. of the Revised Code. | 33957 |
| (F) As used in this section and section 3734.022 of the | 33958 |
| Revised Code, "generator" means a person who produces infectious | 33959 |
| wastes. | 33960 |
| (G) Rules adopted under this section shall not concern or | 33961 |
| relate to personnel policies, salaries, wages, fringe benefits, or | 33962 |
| other conditions of employment of employees of persons owning or | 33963 |
| operating infectious waste treatment facilities. | 33964 |
| (H) The director shall not issue any variance from the rules | 33965 |
| adopted under this section. | 33966 |
| Sec. 3734.022. (A) No person shall transport infectious | 33967 |
| wastes that have not been treated to render them noninfectious, | 33968 |
| other than those disposed of with residential solid waste from a | 33969 |
| single-family residential premises or single-family dwelling unit | 33970 |
| and those subject to rules adopted under division (A)(1)(c) of | 33971 |
| section 3734.021 of the Revised Code, unless the business entity | 33972 |
| that employs the person first registers with and obtains a | 33973 |
| registration certificate from the director of environmental | 33974 |
| protection or, in the instance of infectious wastes consisting of | 33975 |
| dead animals or parts thereof subject to Chapter 953. of the | 33976 |
| Revised Code, unless the business entity that employs the person | 33977 |
| holds a valid license issued under that chapter. No more than one | 33978 |
| registration certificate shall be required of any single business | 33979 |
| entity. An applicant shall file an application with the director | 33980 |
| containing such information in such form as the director | 33981 |
| prescribes. Each application for a registration certificate shall | 33982 |
| be accompanied by a registration fee equal to the product of three | 33983 |
| hundred dollars times the number of motor vehicles the transporter | 33984 |
| uses to transport untreated infectious wastes in shipments that | 33985 |
| originate or terminate in the state. However, a generator of | 33986 |
| infectious wastes holding a valid registration certificate as a | 33987 |
| generator of those wastes issued under rules adopted under | 33988 |
|
division (A) | 33989 |
| transports only infectious wastes generated at premises owned or | 33990 |
| operated by the generator is exempt from payment of the fee for | 33991 |
| registration as a transporter. | 33992 |
| Except as otherwise provided in rules adopted under this | 33993 |
| division, a registered transporter shall obtain an amended | 33994 |
| registration certificate from the director whenever the | 33995 |
| composition of the fleet of motor vehicles used by the transporter | 33996 |
| to transport infectious wastes changes. If the number of motor | 33997 |
| vehicles in the fleet decreases, the director shall not refund to | 33998 |
| the transporter any portion of a registration or renewal fee | 33999 |
| applicable to a motor vehicle transferred or otherwise removed | 34000 |
| from use for transporting such wastes. If the number of motor | 34001 |
| vehicles in the transporter's fleet increases, the application for | 34002 |
| the amended registration certificate shall be accompanied by a fee | 34003 |
| of three hundred dollars for each motor vehicle that is in excess | 34004 |
| of the number of motor vehicles set forth in the existing | 34005 |
| certificate. If the director has established a system of staggered | 34006 |
| renewal dates for the registration certificates, the fee | 34007 |
| applicable to each additional motor vehicle under an amended | 34008 |
| certificate shall be prorated according to the time remaining in | 34009 |
| the registration cycle, to the nearest year. | 34010 |
| A registration certificate issued under this section is valid | 34011 |
| for three years from the date of issuance and may be renewed for a | 34012 |
| term of three years by submission of a renewal application on a | 34013 |
| form prescribed by the director and payment of a renewal fee | 34014 |
| calculated in the same manner as the fee for a registration | 34015 |
| certificate. The registration and renewal fees shall be credited | 34016 |
| to the infectious wastes management fund created in section | 34017 |
| 3734.021 of the Revised Code. | 34018 |
| The director, by rules adopted in accordance with Chapter | 34019 |
| 119. of the Revised Code, may establish a system of staggered | 34020 |
| renewal dates with approximately one-third of the certificates | 34021 |
| subject to renewal each year. The applicable renewal date shall be | 34022 |
| prescribed on each registration certificate. Registration fees | 34023 |
| shall be prorated according to the time remaining in the | 34024 |
| registration cycle to the nearest year. | 34025 |
| The director, by rules adopted in accordance with Chapter | 34026 |
| 119. of the Revised Code, shall establish a system of emergency | 34027 |
| registration of temporary vehicles for use by a business entity | 34028 |
| holding a valid registration certificate issued under this | 34029 |
| section, in order to prevent the creation of a nuisance or hazard | 34030 |
| to the public health or safety or the environment. | 34031 |
| (B) | 34032 |
| chapter 51, and regulations adopted or orders issued under it, a | 34033 |
| registered transporter is liable for the safe delivery of any | 34034 |
| infectious wastes from the time | 34035 |
| obtains the wastes until | 34036 |
| them to an infectious waste treatment facility holding a license | 34037 |
| issued under division (B) of section 3734.05 of the Revised Code, | 34038 |
| to an infectious waste treatment facility that is located in | 34039 |
| another state and is in compliance with applicable state and | 34040 |
| federal laws, to a treatment facility authorized by rules adopted | 34041 |
| under division (C)(6) of section 3734.021 of the Revised Code, to | 34042 |
| an infectious waste treatment facility owned or operated by the | 34043 |
| generator of the waste, or, in the instance of wastes that have | 34044 |
| been treated to render them noninfectious, to a solid waste | 34045 |
| disposal facility holding a license issued under division (A) of | 34046 |
| section 3734.05 of the Revised Code or to a disposal facility that | 34047 |
| is located in another state and is in compliance with applicable | 34048 |
| state and federal
laws. | 34049 |
| 34050 | |
| 34051 | |
| 34052 | |
| 34053 | |
| 34054 |
| If the director has reason to believe that a person who is | 34055 |
| registered under this section or is employed by a business entity | 34056 |
| registered under this section has violated this chapter or any | 34057 |
| rule adopted under it while transporting infectious wastes, the | 34058 |
| director may issue an order in accordance with Chapter 119. of the | 34059 |
| Revised Code suspending, revoking, or denying the transporter's | 34060 |
| registration certificate or the registration certificate of the | 34061 |
| business entity employing | 34062 |
| transporter whose registration certificate has been suspended, | 34063 |
| revoked, or denied shall immediately notify each
of | 34064 |
| transporter's customers by certified mail of that fact. | 34065 |
| (C)(1) No person who generates infectious wastes that have | 34066 |
| not been treated to render them noninfectious shall cause any such | 34067 |
| wastes, other than those subject to rules adopted under division | 34068 |
| (A)(1)(c) of section 3734.021 or Chapter 953. of the Revised Code, | 34069 |
| to be transported by any person who is not registered as a | 34070 |
| transporter under this section. | 34071 |
| (2) No person who generates infectious wastes subject to | 34072 |
| Chapter 953. of the Revised Code shall cause those wastes to be | 34073 |
| transported by any person who is neither licensed under that | 34074 |
| chapter nor registered as a transporter under this section. | 34075 |
| (D) A generator | 34076 |
| this section and section 3734.021 of the Revised Code and with | 34077 |
| rules adopted under those sections is not liable under statute or | 34078 |
| common law for the actions or inactions of any transporter or | 34079 |
| treatment facility with respect to those wastes and is not liable | 34080 |
| for violations of any provision of this chapter or rules adopted | 34081 |
| under it governing the transportation, treatment, or disposal of | 34082 |
| infectious wastes. | 34083 |
| (E) As used in this section, "motor vehicle" means any | 34084 |
| automobile, automobile truck, tractor, or self-propelled vehicle | 34085 |
| not operated or driven on fixed rails or track. | 34086 |
| Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4), | 34087 |
| (8), and (9) of this section, no person shall operate or maintain | 34088 |
| a solid waste facility without a license issued under this | 34089 |
| division by the board of health of the health district in which | 34090 |
| the facility is located or by the director of environmental | 34091 |
| protection when the health district in which the facility is | 34092 |
| located is not on the approved list under section 3734.08 of the | 34093 |
| Revised Code. | 34094 |
| During the month of December, but before the first day of | 34095 |
| January of the next year, every person proposing to continue to | 34096 |
| operate an existing solid waste facility shall procure a license | 34097 |
| under this division to operate the facility for that year from the | 34098 |
| board of health of the health district in which the facility is | 34099 |
| located or, if the health district is not on the approved list | 34100 |
| under section 3734.08 of the Revised Code, from the director. The | 34101 |
| application for such a license shall be submitted to the board of | 34102 |
| health or to the director, as appropriate, on or before the last | 34103 |
| day of September of the year preceding that for which the license | 34104 |
| is sought. In addition to the application fee prescribed in | 34105 |
| division (A)(2) of this section, a person who submits an | 34106 |
| application after that date shall pay an additional ten per cent | 34107 |
| of the amount of the application fee for each week that the | 34108 |
| application is late. Late payment fees accompanying an application | 34109 |
| submitted to the board of health shall be credited to the special | 34110 |
| fund of the health district created in division (B) of section | 34111 |
| 3734.06 of the Revised Code, and late payment fees accompanying an | 34112 |
| application submitted to the director shall be credited to the | 34113 |
| general revenue fund. A person who has received a license, upon | 34114 |
| sale or disposition of a solid waste facility, and upon consent of | 34115 |
| the board of health and the director, may have the license | 34116 |
| transferred to another person. The board of health or the director | 34117 |
| may include such terms and conditions in a license or revision to | 34118 |
| a license as are appropriate to ensure compliance with this | 34119 |
| chapter and rules adopted under it. The terms and conditions may | 34120 |
| establish the authorized maximum daily waste receipts for the | 34121 |
| facility. Limitations on maximum daily waste receipts shall be | 34122 |
| specified in cubic yards of volume for the purpose of regulating | 34123 |
| the design, construction, and operation of solid waste facilities. | 34124 |
| Terms and conditions included in a license or revision to a | 34125 |
| license by a board of health shall be consistent with, and pertain | 34126 |
| only to the subjects addressed in, the rules adopted under | 34127 |
| division (A) of section 3734.02 and division (D) of section | 34128 |
| 3734.12 of the Revised Code. | 34129 |
| (2)(a) Except as provided in divisions (A)(2)(b), (8), and | 34130 |
| (9) of this section, each person proposing to open a new solid | 34131 |
| waste facility or to modify an existing solid waste facility shall | 34132 |
| submit an application for a permit with accompanying detail plans | 34133 |
| and specifications to the environmental protection agency for | 34134 |
| required approval under the rules adopted by the director pursuant | 34135 |
| to division (A) of section 3734.02 of the Revised Code and | 34136 |
| applicable rules adopted under division (D) of section 3734.12 of | 34137 |
| the Revised Code at least two hundred seventy days before proposed | 34138 |
| operation of the facility and shall concurrently make application | 34139 |
| for the issuance of a license under division (A)(1) of this | 34140 |
| section with the board of health of the health district in which | 34141 |
| the proposed facility is to be located. | 34142 |
| (b) On and after the effective date of the rules adopted | 34143 |
| under division (A) of section 3734.02 of the Revised Code and | 34144 |
| division (D) of section 3734.12 of the Revised Code governing | 34145 |
| solid waste transfer facilities, each person proposing to open a | 34146 |
| new solid waste transfer facility or to modify an existing solid | 34147 |
| waste transfer facility shall submit an application for a permit | 34148 |
| with accompanying engineering detail plans, specifications, and | 34149 |
| information regarding the facility and its method of operation to | 34150 |
| the environmental protection agency for required approval under | 34151 |
| those rules at least two hundred seventy days before commencing | 34152 |
| proposed operation of the facility and concurrently shall make | 34153 |
| application for the issuance of a license under division (A)(1) of | 34154 |
| this section with the board of health of the health district in | 34155 |
| which the facility is located or proposed. | 34156 |
| (c) Each application for a permit under division (A)(2)(a) or | 34157 |
| (b) of this section shall be accompanied by a nonrefundable | 34158 |
| application fee of four hundred dollars that shall be credited to | 34159 |
| the general revenue fund. Each application for an annual license | 34160 |
| under division (A)(1) or (2) of this section shall be accompanied | 34161 |
| by a nonrefundable application fee of one hundred dollars. If the | 34162 |
| application for an annual license is submitted to a board of | 34163 |
| health on the approved list under section 3734.08 of the Revised | 34164 |
| Code, the application fee shall be credited to the special fund of | 34165 |
| the health district created in division (B) of section 3734.06 of | 34166 |
| the Revised Code. If the application for an annual license is | 34167 |
| submitted to the director, the application fee shall be credited | 34168 |
| to the general revenue fund. If a permit or license is issued, the | 34169 |
| amount of the application fee paid shall be deducted from the | 34170 |
| amount of the permit fee due under division (Q) of section 3745.11 | 34171 |
| of the Revised Code or the amount of the license fee due under | 34172 |
| division (A)(1), (2), (3), or (4) of section 3734.06 of the | 34173 |
| Revised Code. | 34174 |
| (d) As used in divisions (A)(2)(d), (e), and (f) of this | 34175 |
| section, "modify" means any of the following: | 34176 |
| (i) Any increase of more than ten per cent in the total | 34177 |
| capacity of a solid waste facility; | 34178 |
| (ii) Any expansion of the limits of solid waste placement at | 34179 |
| a solid waste facility; | 34180 |
| (iii) Any increase in the depth of excavation at a solid | 34181 |
| waste facility; | 34182 |
| (iv) Any change in the technique of waste receipt or type of | 34183 |
| waste received at a solid waste facility that may endanger human | 34184 |
| health, as determined by the director by rules adopted in | 34185 |
| accordance with Chapter 119. of the Revised Code. | 34186 |
| Not later than thirty-five days after submitting an | 34187 |
| application under division (A)(2)(a) or (b) of this section for a | 34188 |
| permit to open a new or modify an existing solid waste facility, | 34189 |
| the applicant, in conjunction with an officer or employee of the | 34190 |
| environmental protection agency, shall hold a public meeting on | 34191 |
| the application within the county in which the new or modified | 34192 |
| solid waste facility is or is proposed to be located or within a | 34193 |
| contiguous county. Not less than thirty days before holding the | 34194 |
| public meeting on the application, the applicant shall publish | 34195 |
| notice of the meeting in each newspaper of general circulation | 34196 |
| that is published in the county in which the facility is or is | 34197 |
| proposed to be located. If no newspaper of general circulation is | 34198 |
| published in the county, the applicant shall publish the notice in | 34199 |
| a newspaper of general circulation in the county. The notice shall | 34200 |
| contain the date, time, and location of the public meeting and a | 34201 |
| general description of the proposed new or modified facility. Not | 34202 |
| later than five days after publishing the notice, the applicant | 34203 |
| shall send by certified mail a copy of the notice and the date the | 34204 |
| notice was published to the director and the legislative authority | 34205 |
| of each municipal corporation, township, and county, and to the | 34206 |
| chief executive officer of each municipal corporation, in which | 34207 |
| the facility is or is proposed to be located. At the public | 34208 |
| meeting, the applicant shall provide information and describe the | 34209 |
| application and respond to comments or questions concerning the | 34210 |
| application, and the officer or employee of the agency shall | 34211 |
| describe the permit application process. At the public meeting, | 34212 |
| any person may submit written or oral comments on or objections to | 34213 |
| the application. Not more than thirty days after the public | 34214 |
| meeting, the applicant shall provide the director with a copy of a | 34215 |
| transcript of the full meeting, copies of any exhibits, displays, | 34216 |
| or other materials presented by the applicant at the meeting, and | 34217 |
| the original copy of any written comments submitted at the | 34218 |
| meeting. | 34219 |
| (e) Except as provided in division (A)(2)(f) of this section, | 34220 |
| prior to taking an action, other than a proposed or final denial, | 34221 |
| upon an application submitted under division (A)(2)(a) of this | 34222 |
| section for a permit to open a new or modify an existing solid | 34223 |
| waste facility, the director shall hold a public information | 34224 |
| session and a public hearing on the application within the county | 34225 |
| in which the new or modified solid waste facility is or is | 34226 |
| proposed to be located or within a contiguous county. If the | 34227 |
| application is for a permit to open a new solid waste facility, | 34228 |
| the director shall hold the hearing not less than fourteen days | 34229 |
| after the information session. If the application is for a permit | 34230 |
| to modify an existing solid waste facility, the director may hold | 34231 |
| both the information session and the hearing on the same day | 34232 |
| unless any individual affected by the application requests in | 34233 |
| writing that the information session and the hearing not be held | 34234 |
| on the same day, in which case the director shall hold the hearing | 34235 |
| not less than fourteen days after the information session. The | 34236 |
| director shall publish notice of the public information session or | 34237 |
| public hearing not less than thirty days before holding the | 34238 |
| information session or hearing, as applicable. The notice shall be | 34239 |
| published in each newspaper of general circulation that is | 34240 |
| published in the county in which the facility is or is proposed to | 34241 |
| be located. If no newspaper of general circulation is published in | 34242 |
| the county, the director shall publish the notice in a newspaper | 34243 |
| of general circulation in the county. The notice shall contain the | 34244 |
| date, time, and location of the information session or hearing, as | 34245 |
| applicable, and a general description of the proposed new or | 34246 |
| modified facility. At the public information session, an officer | 34247 |
| or employee of the environmental protection agency shall describe | 34248 |
| the status of the permit application and be available to respond | 34249 |
| to comments or questions concerning the application. At the public | 34250 |
| hearing, any person may submit written or oral comments on or | 34251 |
| objections to the approval of the application. The applicant, or a | 34252 |
| representative of the applicant who has knowledge of the location, | 34253 |
| construction, and operation of the facility, shall attend the | 34254 |
| information session and public hearing to respond to comments or | 34255 |
| questions concerning the facility directed to the applicant or | 34256 |
| representative by the officer or employee of the environmental | 34257 |
| protection agency presiding at the information session and | 34258 |
| hearing. | 34259 |
| (f) The solid waste management policy committee of a county | 34260 |
| or joint solid waste management district may adopt a resolution | 34261 |
| requesting expeditious consideration of a specific application | 34262 |
| submitted under division (A)(2)(a) of this section for a permit to | 34263 |
| modify an existing solid waste facility within the district. The | 34264 |
| resolution shall make the finding that expedited consideration of | 34265 |
| the application without the public information session and public | 34266 |
| hearing under division (A)(2)(e) of this section is in the public | 34267 |
| interest and will not endanger human health, as determined by the | 34268 |
| director by rules adopted in accordance with Chapter 119. of the | 34269 |
| Revised Code. Upon receiving such a resolution, the director, at | 34270 |
| the director's discretion, may issue a final action upon the | 34271 |
| application without holding a public information session or public | 34272 |
| hearing pursuant to division (A)(2)(e) of this section. | 34273 |
| (3) Except as provided in division (A)(10) of this section, | 34274 |
| and unless the owner or operator of any solid waste facility, | 34275 |
| other than a solid waste transfer facility or a compost facility | 34276 |
| that accepts exclusively source separated yard wastes, that | 34277 |
| commenced operation on or before July 1, 1968, has obtained an | 34278 |
| exemption from the requirements of division (A)(3) of this section | 34279 |
| in accordance with division (G) of section 3734.02 of the Revised | 34280 |
| Code, the owner or operator shall submit to the director an | 34281 |
| application for a permit with accompanying engineering detail | 34282 |
| plans, specifications, and information regarding the facility and | 34283 |
| its method of operation for approval under rules adopted under | 34284 |
| division (A) of section 3734.02 of the Revised Code and applicable | 34285 |
| rules adopted under division (D) of section 3734.12 of the Revised | 34286 |
| Code in accordance with the following schedule: | 34287 |
| (a) Not later than September 24, 1988, if the facility is | 34288 |
| located in the city of Garfield Heights or Parma in Cuyahoga | 34289 |
| county; | 34290 |
| (b) Not later than December 24, 1988, if the facility is | 34291 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 34292 |
| Mahoning, Ottawa, or Vinton county; | 34293 |
| (c) Not later than March 24, 1989, if the facility is located | 34294 |
| in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or | 34295 |
| Washington county, or is located in the city of Brooklyn or | 34296 |
| Cuyahoga Heights in Cuyahoga county; | 34297 |
| (d) Not later than June 24, 1989, if the facility is located | 34298 |
| in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or | 34299 |
| Summit county or is located in Cuyahoga county outside the cities | 34300 |
| of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights; | 34301 |
| (e) Not later than September 24, 1989, if the facility is | 34302 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 34303 |
| county; | 34304 |
| (f) Not later than December 24, 1989, if the facility is | 34305 |
| located in a county not listed in divisions (A)(3)(a) to (e) of | 34306 |
| this section; | 34307 |
| (g) Notwithstanding divisions (A)(3)(a) to (f) of this | 34308 |
| section, not later than December 31, 1990, if the facility is a | 34309 |
| solid waste facility owned by a generator of solid wastes when the | 34310 |
| solid waste facility exclusively disposes of solid wastes | 34311 |
| generated at one or more premises owned by the generator | 34312 |
| regardless of whether the facility is located on a premises where | 34313 |
| the wastes are generated and if the facility disposes of more than | 34314 |
| one hundred thousand tons of solid wastes per year, provided that | 34315 |
| any such facility shall be subject to division (A)(5) of this | 34316 |
| section. | 34317 |
| (4) Except as provided in divisions (A)(8), (9), and (10) of | 34318 |
| this section, unless the owner or operator of any solid waste | 34319 |
| facility for which a permit was issued after July 1, 1968, but | 34320 |
| before January 1, 1980, has obtained an exemption from the | 34321 |
| requirements of division (A)(4) of this section under division (G) | 34322 |
| of section 3734.02 of the Revised Code, the owner or operator | 34323 |
| shall submit to the director an application for a permit with | 34324 |
| accompanying engineering detail plans, specifications, and | 34325 |
| information regarding the facility and its method of operation for | 34326 |
| approval under those rules. | 34327 |
| (5) The director may issue an order in accordance with | 34328 |
| Chapter 3745. of the Revised Code to the owner or operator of a | 34329 |
| solid waste facility requiring the person to submit to the | 34330 |
| director updated engineering detail plans, specifications, and | 34331 |
| information regarding the facility and its method of operation for | 34332 |
| approval under rules adopted under division (A) of section 3734.02 | 34333 |
| of the Revised Code and applicable rules adopted under division | 34334 |
| (D) of section 3734.12 of the Revised Code if, in the director's | 34335 |
| judgment, conditions at the facility constitute a substantial | 34336 |
| threat to public health or safety or are causing or contributing | 34337 |
| to or threatening to cause or contribute to air or water pollution | 34338 |
| or soil contamination. Any person who receives such an order shall | 34339 |
| submit the updated engineering detail plans, specifications, and | 34340 |
| information to the director within one hundred eighty days after | 34341 |
| the effective date of the order. | 34342 |
| (6) The director shall act upon an application submitted | 34343 |
| under division (A)(3) or (4) of this section and any updated | 34344 |
| engineering plans, specifications, and information submitted under | 34345 |
| division (A)(5) of this section within one hundred eighty days | 34346 |
| after receiving them. If the director denies any such permit | 34347 |
| application, the order denying the application or disapproving the | 34348 |
| plans shall include the requirements that the owner or operator | 34349 |
| submit a plan for closure and post-closure care of the facility to | 34350 |
| the director for approval within six months after issuance of the | 34351 |
| order, cease accepting solid wastes for disposal or transfer at | 34352 |
| the facility, and commence closure of the facility not later than | 34353 |
| one year after issuance of the order. If the director determines | 34354 |
| that closure of the facility within that one-year period would | 34355 |
| result in the unavailability of sufficient solid waste management | 34356 |
| facility capacity within the county or joint solid waste | 34357 |
| management district in which the facility is located to dispose of | 34358 |
| or transfer the solid waste generated within the district, the | 34359 |
| director in the order of denial or disapproval may postpone | 34360 |
| commencement of closure of the facility for such period of time as | 34361 |
| the director finds necessary for the board of county commissioners | 34362 |
| or directors of the district to secure access to or for there to | 34363 |
| be constructed within the district sufficient solid waste | 34364 |
| management facility capacity to meet the needs of the district, | 34365 |
| provided that the director shall certify in the director's order | 34366 |
| that postponing the date for commencement of closure will not | 34367 |
| endanger ground water or any property surrounding the facility, | 34368 |
| allow methane gas migration to occur, or cause or contribute to | 34369 |
| any other type of environmental damage. | 34370 |
| If an emergency need for disposal capacity that may affect | 34371 |
| public health and safety exists as a result of closure of a | 34372 |
| facility under division (A)(6) of this section, the director may | 34373 |
| issue an order designating another solid waste facility to accept | 34374 |
| the wastes that would have been disposed of at the facility to be | 34375 |
| closed. | 34376 |
| (7) If the director determines that standards more stringent | 34377 |
| than those applicable in rules adopted under division (A) of | 34378 |
| section 3734.02 of the Revised Code and division (D) of section | 34379 |
| 3734.12 of the Revised Code, or standards pertaining to subjects | 34380 |
| not specifically addressed by those rules, are necessary to ensure | 34381 |
| that a solid waste facility constructed at the proposed location | 34382 |
| will not cause a nuisance, cause or contribute to water pollution, | 34383 |
| or endanger public health or safety, the director may issue a | 34384 |
| permit for the facility with such terms and conditions as the | 34385 |
| director finds necessary to protect public health and safety and | 34386 |
| the environment. If a permit is issued, the director shall state | 34387 |
| in the order issuing it the specific findings supporting each such | 34388 |
| term or condition. | 34389 |
| (8) Divisions (A)(1), (2)(a), (3), and (4) of this section do | 34390 |
| not apply to a solid waste compost facility that accepts | 34391 |
| exclusively source separated yard wastes and that is registered | 34392 |
| under division (C) of section 3734.02 of the Revised Code or, | 34393 |
| unless otherwise provided in rules adopted under division (N)(3) | 34394 |
| of section 3734.02 of the Revised Code, to a solid waste compost | 34395 |
| facility if the director has adopted rules establishing an | 34396 |
| alternative system for authorizing the establishment, operation, | 34397 |
| or modification of a solid waste compost facility under that | 34398 |
| division. | 34399 |
| (9) Divisions (A)(1) to (7) of this section do not apply to | 34400 |
| scrap tire collection, storage, monocell, monofill, and recovery | 34401 |
| facilities. The approval of plans and specifications, as | 34402 |
| applicable, and the issuance of registration certificates, | 34403 |
| permits, and licenses for those facilities are subject to sections | 34404 |
| 3734.75 to 3734.78 of the Revised Code, as applicable, and section | 34405 |
| 3734.81 of the Revised Code. | 34406 |
| (10) Divisions (A)(3) and (4) of this section do not apply to | 34407 |
| a solid waste incinerator that was placed into operation on or | 34408 |
| before October 12, 1994, and that is not authorized to accept and | 34409 |
| treat infectious wastes pursuant to division (B) of this section. | 34410 |
| (B)(1) Each person who is engaged in the business of treating | 34411 |
| infectious wastes for profit at a treatment facility located off | 34412 |
| the premises where the wastes are generated that is in operation | 34413 |
| on August 10, 1988, and who proposes to continue operating the | 34414 |
| facility shall submit to the board of health of the health | 34415 |
| district in which the facility is located an application for a | 34416 |
| license to operate the facility. | 34417 |
| Thereafter, no person shall operate or maintain an infectious | 34418 |
| waste treatment facility without a license issued by the board of | 34419 |
| health of the health district in which the facility is located or | 34420 |
| by the director when the health district in which the facility is | 34421 |
| located is not on the approved list under section 3734.08 of the | 34422 |
| Revised Code. | 34423 |
| (2)(a) During the month of December, but before the first day | 34424 |
| of January of the next year, every person proposing to continue to | 34425 |
| operate an existing infectious waste treatment facility shall | 34426 |
| procure a license to operate the facility for that year from the | 34427 |
| board of health of the health district in which the facility is | 34428 |
| located or, if the health district is not on the approved list | 34429 |
| under section 3734.08 of the Revised Code, from the director. The | 34430 |
| application for such a license shall be submitted to the board of | 34431 |
| health or to the director, as appropriate, on or before the last | 34432 |
| day of September of the year preceding that for which the license | 34433 |
| is sought. In addition to the application fee prescribed in | 34434 |
| division (B)(2)(c) of this section, a person who submits an | 34435 |
| application after that date shall pay an additional ten per cent | 34436 |
| of the amount of the application fee for each week that the | 34437 |
| application is late. Late payment fees accompanying an application | 34438 |
| submitted to the board of health shall be credited to the special | 34439 |
| infectious waste fund of the health district created in division | 34440 |
| (C) of section 3734.06 of the Revised Code, and late payment fees | 34441 |
| accompanying an application submitted to the director shall be | 34442 |
| credited to the general revenue fund. A person who has received a | 34443 |
| license, upon sale or disposition of an infectious waste treatment | 34444 |
| facility and upon consent of the board of health and the director, | 34445 |
| may have the license transferred to another person. The board of | 34446 |
| health or the director may include such terms and conditions in a | 34447 |
| license or revision to a license as are appropriate to ensure | 34448 |
| compliance with the infectious waste provisions of this chapter | 34449 |
| and rules adopted under them. | 34450 |
| (b) Each person proposing to open a new infectious waste | 34451 |
| treatment facility or to modify an existing infectious waste | 34452 |
| treatment facility shall submit an application for a permit with | 34453 |
| accompanying detail plans and specifications to the environmental | 34454 |
| protection agency for required approval under the rules adopted by | 34455 |
| the director pursuant to section 3734.021 of the Revised Code two | 34456 |
| hundred seventy days before proposed operation of the facility and | 34457 |
| concurrently shall make application for a license with the board | 34458 |
| of health of the health district in which the facility is or is | 34459 |
| proposed to be located. Not later than ninety days after receiving | 34460 |
| a completed application under division (B)(2)(b) of this section | 34461 |
| for a permit to open a new infectious waste treatment facility or | 34462 |
| modify an existing infectious waste treatment facility to expand | 34463 |
| its treatment capacity, or receiving a completed application under | 34464 |
| division (A)(2)(a) of this section for a permit to open a new | 34465 |
| solid waste incineration facility, or modify an existing solid | 34466 |
| waste incineration facility to also treat infectious wastes or to | 34467 |
| increase its infectious waste treatment capacity, that pertains to | 34468 |
| a facility for which a notation authorizing infectious waste | 34469 |
| treatment is included or proposed to be included in the solid | 34470 |
| waste incineration facility's license pursuant to division (B)(3) | 34471 |
| of this section, the director shall hold a public hearing on the | 34472 |
| application within the county in which the new or modified | 34473 |
| infectious waste or solid waste facility is or is proposed to be | 34474 |
| located or within a contiguous county. Not less than thirty days | 34475 |
| before holding the public hearing on the application, the director | 34476 |
| shall publish notice of the hearing in each newspaper that has | 34477 |
| general circulation and that is published in the county in which | 34478 |
| the facility is or is proposed to be located. If there is no | 34479 |
| newspaper that has general circulation and that is published in | 34480 |
| the county, the director shall publish the notice in a newspaper | 34481 |
| of general circulation in the county. The notice shall contain the | 34482 |
| date, time, and location of the public hearing and a general | 34483 |
| description of the proposed new or modified facility. At the | 34484 |
| public hearing, any person may submit written or oral comments on | 34485 |
| or objections to the approval or disapproval of the application. | 34486 |
| The applicant, or a representative of the applicant who has | 34487 |
| knowledge of the location, construction, and operation of the | 34488 |
| facility, shall attend the public hearing to respond to comments | 34489 |
| or questions concerning the facility directed to the applicant or | 34490 |
| representative by the officer or employee of the environmental | 34491 |
| protection agency presiding at the hearing. | 34492 |
| (c) Each application for a permit under division (B)(2)(b) of | 34493 |
| this section shall be accompanied by a nonrefundable application | 34494 |
| fee of four hundred dollars that shall be credited to the general | 34495 |
| revenue fund. Each application for an annual license under | 34496 |
| division (B)(2)(a) of this section shall be accompanied by a | 34497 |
| nonrefundable application fee of one hundred dollars. If the | 34498 |
| application for an annual license is submitted to a board of | 34499 |
| health on the approved list under section 3734.08 of the Revised | 34500 |
| Code, the application fee shall be credited to the special | 34501 |
| infectious waste fund of the health district created in division | 34502 |
| (C) of section 3734.06 of the Revised Code. If the application for | 34503 |
| an annual license is submitted to the director, the application | 34504 |
| fee shall be credited to the general revenue fund. If a permit or | 34505 |
| license is issued, the amount of the application fee paid shall be | 34506 |
| deducted from the amount of the permit fee due under division (Q) | 34507 |
| of section 3745.11 of the Revised Code or the amount of the | 34508 |
| license fee due under division (C) of section 3734.06 of the | 34509 |
| Revised Code. | 34510 |
| (d) The owner or operator of any infectious waste treatment | 34511 |
| facility that commenced operation on or before July 1, 1968, shall | 34512 |
| submit to the director an application for a permit with | 34513 |
| accompanying engineering detail plans, specifications, and | 34514 |
| information regarding the facility and its method of operation for | 34515 |
| approval under rules adopted under section 3734.021 of the Revised | 34516 |
| Code in accordance with the following schedule: | 34517 |
| (i) Not later than December 24, 1988, if the facility is | 34518 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 34519 |
| Mahoning, Ottawa, or Vinton county; | 34520 |
| (ii) Not later than March 24, 1989, if the facility is | 34521 |
| located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, | 34522 |
| or Washington county, or is located in the city of Brooklyn, | 34523 |
| Cuyahoga Heights, or Parma in Cuyahoga county; | 34524 |
| (iii) Not later than June 24, 1989, if the facility is | 34525 |
| located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, | 34526 |
| Lucas, or Summit county or is located in Cuyahoga county outside | 34527 |
| the cities of Brooklyn, Cuyahoga Heights, and Parma; | 34528 |
| (iv) Not later than September 24, 1989, if the facility is | 34529 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 34530 |
| county; | 34531 |
| (v) Not later than December 24, 1989, if the facility is | 34532 |
| located in a county not listed in divisions (B)(2)(d)(i) to (iv) | 34533 |
| of this section. | 34534 |
| The owner or operator of an infectious waste treatment | 34535 |
| facility required to submit a permit application under division | 34536 |
| (B)(2)(d) of this section is not required to pay any permit | 34537 |
| application fee under division (B)(2)(c) of this section, or | 34538 |
| permit fee under division (Q) of section 3745.11 of the Revised | 34539 |
| Code, with respect thereto unless the owner or operator also | 34540 |
| proposes to modify the facility. | 34541 |
| (e) The director may issue an order in accordance with | 34542 |
| Chapter 3745. of the Revised Code to the owner or operator of an | 34543 |
| infectious waste treatment facility requiring the person to submit | 34544 |
| to the director updated engineering detail plans, specifications, | 34545 |
| and information regarding the facility and its method of operation | 34546 |
| for approval under rules adopted under section 3734.021 of the | 34547 |
| Revised Code if, in the director's judgment, conditions at the | 34548 |
| facility constitute a substantial threat to public health or | 34549 |
| safety or are causing or contributing to or threatening to cause | 34550 |
| or contribute to air or water pollution or soil contamination. Any | 34551 |
| person who receives such an order shall submit the updated | 34552 |
| engineering detail plans, specifications, and information to the | 34553 |
| director within one hundred eighty days after the effective date | 34554 |
| of the order. | 34555 |
| (f) The director shall act upon an application submitted | 34556 |
| under division (B)(2)(d) of this section and any updated | 34557 |
| engineering plans, specifications, and information submitted under | 34558 |
| division (B)(2)(e) of this section within one hundred eighty days | 34559 |
| after receiving them. If the director denies any such permit | 34560 |
| application or disapproves any such updated engineering plans, | 34561 |
| specifications, and information, the director shall include in the | 34562 |
| order denying the application or disapproving the plans the | 34563 |
| requirement that the owner or operator cease accepting infectious | 34564 |
| wastes for treatment at the facility. | 34565 |
| (3) Division (B) of this section does not apply to an | 34566 |
| infectious waste treatment facility that meets any of the | 34567 |
| following conditions: | 34568 |
| (a) Is owned or operated by the generator of the wastes and | 34569 |
| exclusively treats, by methods, techniques, and practices | 34570 |
| established by rules adopted under division (C)(1) or (3) of | 34571 |
| section 3734.021 of the Revised Code, wastes that are generated at | 34572 |
| any premises owned or operated by that generator regardless of | 34573 |
| whether the wastes are generated on the same premises where the | 34574 |
| generator's treatment facility is located or, if the generator is | 34575 |
| a hospital as defined in section 3727.01 of the Revised Code, | 34576 |
|
infectious wastes that are described in division (A) | 34577 |
| 34578 |
| (b) Holds a license or renewal of a license to operate a | 34579 |
| crematory facility issued under Chapter 4717. and a permit issued | 34580 |
| under Chapter 3704. of the Revised Code; | 34581 |
| (c) Treats or disposes of dead animals or parts thereof, or | 34582 |
| the blood of animals, and is subject to any of the following: | 34583 |
| (i) Inspection under the "Federal Meat Inspection Act," 81 | 34584 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 34585 |
| (ii) Chapter 918. of the Revised Code; | 34586 |
| (iii) Chapter 953. of the Revised Code. | 34587 |
| Nothing in division (B) of this section requires a facility | 34588 |
| that holds a license issued under division (A) of this section as | 34589 |
| a solid waste facility and that also treats infectious wastes by | 34590 |
| the same method, technique, or process to obtain a license under | 34591 |
| division (B) of this section as an infectious waste treatment | 34592 |
| facility. However, the solid waste facility license for the | 34593 |
| facility shall include the notation that the facility also treats | 34594 |
| infectious wastes. | 34595 |
| On and after the effective date of the amendments to the | 34596 |
| rules adopted under division (C)(2) of section 3734.021 of the | 34597 |
| Revised Code that are required by Section 6 of Substitute House | 34598 |
| Bill No. 98 of the 120th General Assembly, the director shall not | 34599 |
| issue a permit to open a new solid waste incineration facility | 34600 |
| unless the proposed facility complies with the requirements for | 34601 |
| the location of new infectious waste incineration facilities | 34602 |
| established in the required amendments to those rules. | 34603 |
| (C) Except for a facility or activity described in division | 34604 |
| (E)(3) of section 3734.02 of the Revised Code, a person who | 34605 |
| proposes to establish or operate a hazardous waste facility shall | 34606 |
| submit a complete application for a hazardous waste facility | 34607 |
| installation and operation permit and accompanying detail plans, | 34608 |
| specifications, and such information as the director may require | 34609 |
| to the environmental protection agency at least one hundred eighty | 34610 |
| days before the proposed beginning of operation of the facility. | 34611 |
| The applicant shall notify by certified mail the legislative | 34612 |
| authority of each municipal corporation, township, and county in | 34613 |
| which the facility is proposed to be located of the submission of | 34614 |
| the application within ten days after the submission or at such | 34615 |
| earlier time as the director may establish by rule. If the | 34616 |
| application is for a proposed new hazardous waste disposal or | 34617 |
| thermal treatment facility, the applicant also shall give actual | 34618 |
| notice of the general design and purpose of the facility to the | 34619 |
| legislative authority of each municipal corporation, township, and | 34620 |
| county in which the facility is proposed to be located at least | 34621 |
| ninety days before the permit application is submitted to the | 34622 |
| environmental protection agency. | 34623 |
| In accordance with rules adopted under section 3734.12 of the | 34624 |
| Revised Code, prior to the submission of a complete application | 34625 |
| for a hazardous waste facility installation and operation permit, | 34626 |
| the applicant shall hold at least one meeting in the township or | 34627 |
| municipal corporation in which the facility is proposed to be | 34628 |
| located, whichever is geographically closer to the proposed | 34629 |
| location of the facility. The meeting shall be open to the public | 34630 |
| and shall be held to inform the community of the proposed | 34631 |
| hazardous waste management activities and to solicit questions | 34632 |
| from the community concerning the activities. | 34633 |
| (D)(1) Except as provided in section 3734.123 of the Revised | 34634 |
| Code, upon receipt of a complete application for a hazardous waste | 34635 |
| facility installation and operation permit under division (C) of | 34636 |
| this section, the director shall consider the application and | 34637 |
| accompanying information to determine whether the application | 34638 |
| complies with agency rules and the requirements of division (D)(2) | 34639 |
| of this section. After making a determination, the director shall | 34640 |
| issue either a draft permit or a notice of intent to deny the | 34641 |
| permit. The director, in accordance with rules adopted under | 34642 |
| section 3734.12 of the Revised Code or with rules adopted to | 34643 |
| implement Chapter 3745. of the Revised Code, shall provide public | 34644 |
| notice of the application and the draft permit or the notice of | 34645 |
| intent to deny the permit, provide an opportunity for public | 34646 |
| comments, and, if significant interest is shown, schedule a public | 34647 |
| meeting in the county in which the facility is proposed to be | 34648 |
| located and give public notice of the date, time, and location of | 34649 |
| the public meeting in a newspaper of general circulation in that | 34650 |
| county. | 34651 |
| (2) The director shall not approve an application for a | 34652 |
| hazardous waste facility installation and operation permit or an | 34653 |
| application for a modification under division (I)(3) of this | 34654 |
| section unless the director finds and determines as follows: | 34655 |
| (a) The nature and volume of the waste to be treated, stored, | 34656 |
| or disposed of at the facility; | 34657 |
| (b) That the facility complies with the director's hazardous | 34658 |
| waste standards adopted pursuant to section 3734.12 of the Revised | 34659 |
| Code; | 34660 |
| (c) That the facility represents the minimum adverse | 34661 |
| environmental impact, considering the state of available | 34662 |
| technology and the nature and economics of various alternatives, | 34663 |
| and other pertinent considerations; | 34664 |
| (d) That the facility represents the minimum risk of all of | 34665 |
| the following: | 34666 |
| (i) Fires or explosions from treatment, storage, or disposal | 34667 |
| methods; | 34668 |
| (ii) Release of hazardous waste during transportation of | 34669 |
| hazardous waste to or from the facility; | 34670 |
| (iii) Adverse impact on the public health and safety. | 34671 |
| (e) That the facility will comply with this chapter and | 34672 |
| Chapters 3704. and 6111. of the Revised Code and all rules and | 34673 |
| standards adopted under them; | 34674 |
| (f) That if the owner of the facility, the operator of the | 34675 |
| facility, or any other person in a position with the facility from | 34676 |
| which the person may influence the installation and operation of | 34677 |
| the facility has been involved in any prior activity involving | 34678 |
| transportation, treatment, storage, or disposal of hazardous | 34679 |
| waste, that person has a history of compliance with this chapter | 34680 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 34681 |
| standards adopted under them, the "Resource Conservation and | 34682 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 34683 |
| amended, and all regulations adopted under it, and similar laws | 34684 |
| and rules of other states if any such prior operation was located | 34685 |
| in another state that demonstrates sufficient reliability, | 34686 |
| expertise, and competency to operate a hazardous waste facility | 34687 |
| under the applicable provisions of this chapter and Chapters 3704. | 34688 |
| and 6111. of the Revised Code, the applicable rules and standards | 34689 |
| adopted under them, and terms and conditions of a hazardous waste | 34690 |
| facility installation and operation permit, given the potential | 34691 |
| for harm to the public health and safety and the environment that | 34692 |
| could result from the irresponsible operation of the facility. For | 34693 |
| off-site facilities, as defined in section 3734.41 of the Revised | 34694 |
| Code, the director may use the investigative reports of the | 34695 |
| attorney general prepared pursuant to section 3734.42 of the | 34696 |
| Revised Code as a basis for making a finding and determination | 34697 |
| under division (D)(2)(f) of this section. | 34698 |
| (g) That the active areas within a new hazardous waste | 34699 |
| facility where acute hazardous waste as listed in 40 C.F.R. 261.33 | 34700 |
| (e), as amended, or organic waste that is toxic and is listed | 34701 |
| under 40 C.F.R. 261, as amended, is being stored, treated, or | 34702 |
| disposed of and where the aggregate of the storage design capacity | 34703 |
| and the disposal design capacity of all hazardous waste in those | 34704 |
| areas is greater than two hundred fifty thousand gallons, are not | 34705 |
| located or operated within any of the following: | 34706 |
| (i) Two thousand feet of any residence, school, hospital, | 34707 |
| jail, or prison; | 34708 |
| (ii) Any naturally occurring wetland; | 34709 |
| (iii) Any flood hazard area if the applicant cannot show that | 34710 |
| the facility will be designed, constructed, operated, and | 34711 |
| maintained to prevent washout by a one-hundred-year flood. | 34712 |
| Division (D)(2)(g) of this section does not apply to the | 34713 |
| facility of any applicant who demonstrates to the director that | 34714 |
| the limitations specified in that division are not necessary | 34715 |
| because of the nature or volume of the waste and the manner of | 34716 |
| management applied, the facility will impose no substantial danger | 34717 |
| to the health and safety of persons occupying the structures | 34718 |
| listed in division (D)(2)(g)(i) of this section, and the facility | 34719 |
| is to be located or operated in an area where the proposed | 34720 |
| hazardous waste activities will not be incompatible with existing | 34721 |
| land uses in the area. | 34722 |
| (h) That the facility will not be located within the | 34723 |
| boundaries of a state park established or dedicated under Chapter | 34724 |
| 1541. of the Revised Code, a state park purchase area established | 34725 |
| under section 1541.02 of the Revised Code, any unit of the | 34726 |
| national park system, or any property that lies within the | 34727 |
| boundaries of a national park or recreation area, but that has not | 34728 |
| been acquired or is not administered by the secretary of the | 34729 |
| United States department of the interior, located in this state, | 34730 |
| or any candidate area located in this state identified for | 34731 |
| potential inclusion in the national park system in the edition of | 34732 |
| the "national park system plan" submitted under paragraph (b) of | 34733 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 34734 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 34735 |
| application for the permit, unless the facility will be used | 34736 |
| exclusively for the storage of hazardous waste generated within | 34737 |
| the park or recreation area in conjunction with the operation of | 34738 |
| the park or recreation area. Division (D)(2)(h) of this section | 34739 |
| does not apply to the facility of any applicant for modification | 34740 |
| of a permit unless the modification application proposes to | 34741 |
| increase the land area included in the facility or to increase the | 34742 |
| quantity of hazardous waste that will be treated, stored, or | 34743 |
| disposed of at the facility. | 34744 |
| (3) Not later than one hundred eighty days after the end of | 34745 |
| the public comment period, the director, without prior hearing, | 34746 |
| shall issue or deny the permit in accordance with Chapter 3745. of | 34747 |
| the Revised Code. If the director approves an application for a | 34748 |
| hazardous waste facility installation and operation permit, the | 34749 |
| director shall issue the permit, upon such terms and conditions as | 34750 |
| the director finds are necessary to ensure the construction and | 34751 |
| operation of the hazardous waste facility in accordance with the | 34752 |
| standards of this section. | 34753 |
| (E) | 34754 |
| additional zoning or other approval, consent, permit, certificate, | 34755 |
| or condition for the construction or operation of a hazardous | 34756 |
| waste facility authorized by a hazardous waste facility | 34757 |
| installation and operation permit issued pursuant to this chapter, | 34758 |
| nor shall any political subdivision adopt or enforce any law, | 34759 |
| ordinance, or rule that in any way alters, impairs, or limits the | 34760 |
| authority granted in the permit. | 34761 |
| (F) The director may issue a single hazardous waste facility | 34762 |
| installation and operation permit to a person who operates two or | 34763 |
| more adjoining facilities where hazardous waste is stored, | 34764 |
| treated, or disposed of if the application includes detail plans, | 34765 |
| specifications, and information on all facilities. For the | 34766 |
| purposes of this section, "adjoining" means sharing a common | 34767 |
| boundary, separated only by a public road, or in such proximity | 34768 |
| that the director determines that the issuance of a single permit | 34769 |
| will not create a hazard to the public health or safety or the | 34770 |
| environment. | 34771 |
| (G) No person shall falsify or fail to keep or submit any | 34772 |
| plans, specifications, data, reports, records, manifests, or other | 34773 |
| information required to be kept or submitted to the director by | 34774 |
| this chapter or the rules adopted under it. | 34775 |
| (H)(1) Each person who holds an installation and operation | 34776 |
| permit issued under this section and who wishes to obtain a permit | 34777 |
| renewal shall submit a completed application for an installation | 34778 |
| and operation permit renewal and any necessary accompanying | 34779 |
| general plans, detail plans, specifications, and such information | 34780 |
| as the director may require to the director no later than one | 34781 |
| hundred eighty days prior to the expiration date of the existing | 34782 |
| permit or upon a later date prior to the expiration of the | 34783 |
| existing permit if the permittee can demonstrate good cause for | 34784 |
| the late submittal. The director shall consider the application | 34785 |
| and accompanying information, inspection reports of the facility, | 34786 |
| results of performance tests, a report regarding the facility's | 34787 |
| compliance or noncompliance with the terms and conditions of its | 34788 |
| permit and rules adopted by the director under this chapter, and | 34789 |
| such other information as is relevant to the operation of the | 34790 |
| facility and shall issue a draft renewal permit or a notice of | 34791 |
| intent to deny the renewal permit. The director, in accordance | 34792 |
| with rules adopted under this section or with rules adopted to | 34793 |
| implement Chapter 3745. of the Revised Code, shall give public | 34794 |
| notice of the application and draft renewal permit or notice of | 34795 |
| intent to deny the renewal permit, provide for the opportunity for | 34796 |
| public comments within a specified time period, schedule a public | 34797 |
| meeting in the county in which the facility is located if | 34798 |
| significant interest is shown, and give public notice of the | 34799 |
| public meeting. | 34800 |
| (2) Within sixty days after the public meeting or close of | 34801 |
| the public comment period, the director, without prior hearing, | 34802 |
| shall issue or deny the renewal permit in accordance with Chapter | 34803 |
| 3745. of the Revised Code. The director shall not issue a renewal | 34804 |
| permit unless the director determines that the facility under the | 34805 |
| existing permit has a history of compliance with this chapter, | 34806 |
| rules adopted under it, the existing permit, or orders entered to | 34807 |
| enforce such requirements that demonstrates sufficient | 34808 |
| reliability, expertise, and competency to operate the facility | 34809 |
| henceforth under this chapter, rules adopted under it, and the | 34810 |
| renewal permit. If the director approves an application for a | 34811 |
| renewal permit, the director shall issue the permit subject to the | 34812 |
| payment of the annual permit fee required under division (E) of | 34813 |
| section 3734.02 of the Revised Code and upon such terms and | 34814 |
| conditions as the director finds are reasonable to ensure that | 34815 |
| continued operation, maintenance, closure, and post-closure care | 34816 |
| of the hazardous waste facility are in accordance with the rules | 34817 |
| adopted under section 3734.12 of the Revised Code. | 34818 |
| (3) An installation and operation permit renewal application | 34819 |
| submitted to the director that also contains or would constitute | 34820 |
| an application for a modification shall be acted upon by the | 34821 |
| director in accordance with division (I) of this section in the | 34822 |
| same manner as an application for a modification. In approving or | 34823 |
| disapproving the renewal portion of a permit renewal application | 34824 |
| containing an application for a modification, the director shall | 34825 |
| apply the criteria established under division (H)(2) of this | 34826 |
| section. | 34827 |
| (4) An application for renewal or modification of a permit | 34828 |
| that does not contain an application for a modification as | 34829 |
| described in divisions (I)(3)(a) to (d) of this section shall not | 34830 |
| be subject to division (D)(2) of this section. | 34831 |
| (I)(1) As used in this section, "modification" means a change | 34832 |
| or alteration to a hazardous waste facility or its operations that | 34833 |
| is inconsistent with or not authorized by its existing permit or | 34834 |
| authorization to operate. Modifications shall be classified as | 34835 |
| Class 1, 2, or 3 modifications in accordance with rules adopted | 34836 |
| under division (K) of this section. Modifications classified as | 34837 |
| Class 3 modifications, in accordance with rules adopted under that | 34838 |
| division, shall be further classified by the director as either | 34839 |
| Class 3 modifications that are to be approved or disapproved by | 34840 |
| the director under divisions (I)(3)(a) to (d) of this section or | 34841 |
| as Class 3 modifications that are to be approved or disapproved by | 34842 |
| the director under division (I)(5) of this section. Not later than | 34843 |
| thirty days after receiving a request for a modification under | 34844 |
| division (I)(4) of this section that is not listed in Appendix I | 34845 |
| to 40 C.F.R. 270.42 or in rules adopted under division (K) of this | 34846 |
| section, the director shall classify the modification and shall | 34847 |
| notify the owner or operator of the facility requesting the | 34848 |
| modification of the classification. Notwithstanding any other law | 34849 |
| to the contrary, any modification that involves the transfer of a | 34850 |
| hazardous waste facility installation and operation permit to a | 34851 |
| new owner or operator shall be classified as a Class 3 | 34852 |
| modification. | 34853 |
| (2) Except as provided in section 3734.123 of the Revised | 34854 |
| Code, a hazardous waste facility installation and operation permit | 34855 |
| may be modified at the request of the director or upon the written | 34856 |
| request of the permittee only if any of the following applies: | 34857 |
| (a) The permittee desires to accomplish alterations, | 34858 |
| additions, or deletions to the permitted facility or to undertake | 34859 |
| alterations, additions, deletions, or activities that are | 34860 |
| inconsistent with or not authorized by the existing permit; | 34861 |
| (b) New information or data justify permit conditions in | 34862 |
| addition to or different from those in the existing permit; | 34863 |
| (c) The standards, criteria, or rules upon which the existing | 34864 |
| permit is based have been changed by new, amended, or rescinded | 34865 |
| standards, criteria, or rules, or by judicial decision after the | 34866 |
| existing permit was issued, and the change justifies permit | 34867 |
| conditions in addition to or different from those in the existing | 34868 |
| permit; | 34869 |
| (d) The permittee proposes to transfer the permit to another | 34870 |
| person. | 34871 |
| (3) The director shall approve or disapprove an application | 34872 |
| for a modification in accordance with division (D)(2) of this | 34873 |
| section and rules adopted under division (K) of this section for | 34874 |
| all of the following categories of Class 3 modifications: | 34875 |
| (a) Authority to conduct treatment, storage, or disposal at a | 34876 |
| site, location, or tract of land that has not been authorized for | 34877 |
| the proposed category of treatment, storage, or disposal activity | 34878 |
| by the facility's permit; | 34879 |
| (b) Modification or addition of a hazardous waste management | 34880 |
| unit, as defined in rules adopted under section 3734.12 of the | 34881 |
| Revised Code, that results in an increase in a facility's storage | 34882 |
| capacity of more than twenty-five per cent over the capacity | 34883 |
| authorized by the facility's permit, an increase in a facility's | 34884 |
| treatment rate of more than twenty-five per cent over the rate so | 34885 |
| authorized, or an increase in a facility's disposal capacity over | 34886 |
| the capacity so authorized. The authorized disposal capacity for a | 34887 |
| facility shall be calculated from the approved design plans for | 34888 |
| the disposal units at that facility. In no case during a five-year | 34889 |
| period shall a facility's storage capacity or treatment rate be | 34890 |
| modified to increase by more than twenty-five per cent in the | 34891 |
| aggregate without the director's approval in accordance with | 34892 |
| division (D)(2) of this section. Notwithstanding any provision of | 34893 |
| division (I) of this section to the contrary, a request for | 34894 |
| modification of a facility's annual total waste receipt limit | 34895 |
| shall be classified and approved or disapproved by the director | 34896 |
| under division (I)(5) of this section. | 34897 |
| (c) Authority to add any of the following categories of | 34898 |
| regulated activities not previously authorized at a facility by | 34899 |
| the facility's permit: storage at a facility not previously | 34900 |
| authorized to store hazardous waste, treatment at a facility not | 34901 |
| previously authorized to treat hazardous waste, or disposal at a | 34902 |
| facility not previously authorized to dispose of hazardous waste; | 34903 |
| or authority to add a category of hazardous waste management unit | 34904 |
| not previously authorized at the facility by the facility's | 34905 |
| permit. Notwithstanding any provision of division (I) of this | 34906 |
| section to the contrary, a request for authority to add or to | 34907 |
| modify an activity or a hazardous waste management unit for the | 34908 |
| purposes of performing a corrective action shall be classified and | 34909 |
| approved or disapproved by the director under division (I)(5) of | 34910 |
| this section. | 34911 |
| (d) Authority to treat, store, or dispose of waste types | 34912 |
| listed or characterized as reactive or explosive, in rules adopted | 34913 |
| under section 3734.12 of the Revised Code, or any acute hazardous | 34914 |
| waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not | 34915 |
| previously authorized to treat, store, or dispose of those types | 34916 |
| of wastes by the facility's permit unless the requested authority | 34917 |
| is limited to wastes that no longer exhibit characteristics | 34918 |
| meeting the criteria for listing or characterization as reactive | 34919 |
| or explosive wastes, or for listing as acute hazardous waste, but | 34920 |
| still are required to carry those waste codes as established in | 34921 |
| rules adopted under section 3734.12 of the Revised Code because of | 34922 |
| the requirements established in 40 C.F.R. 261(a) and (e), as | 34923 |
| amended, that is, the "mixture," "derived-from," or "contained-in" | 34924 |
| regulations. | 34925 |
| (4) A written request for a modification from the permittee | 34926 |
| shall be submitted to the director and shall contain such | 34927 |
| information as is necessary to support the request. Requests for | 34928 |
| modifications shall be acted upon by the director in accordance | 34929 |
| with this section and rules adopted under it. | 34930 |
| (5) Class 1 modification applications that require prior | 34931 |
| approval of the director, as determined in accordance with rules | 34932 |
| adopted under division (K) of this section, Class 2 modification | 34933 |
| applications, and Class 3 modification applications that are not | 34934 |
| described in divisions (I)(3)(a) to (d) of this section shall be | 34935 |
| approved or disapproved by the director in accordance with rules | 34936 |
| adopted under division (K) of this section. The board of county | 34937 |
| commissioners of the county, the board of township trustees of the | 34938 |
| township, and the city manager or mayor of the municipal | 34939 |
| corporation in which a hazardous waste facility is located shall | 34940 |
| receive notification of any application for a modification for | 34941 |
| that facility and shall be considered as interested persons with | 34942 |
| respect to the director's consideration of the application. | 34943 |
| For those modification applications for a transfer of a | 34944 |
| permit to a new owner or operator of a facility, the director also | 34945 |
| shall determine that, if the transferee owner or operator has been | 34946 |
| involved in any prior activity involving the transportation, | 34947 |
| treatment, storage, or disposal of hazardous waste, the transferee | 34948 |
| owner or operator has a history of compliance with this chapter | 34949 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 34950 |
| standards adopted under them, the "Resource Conservation and | 34951 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 34952 |
| amended, and all regulations adopted under it, and similar laws | 34953 |
| and rules of another state if the transferee owner or operator | 34954 |
| owns or operates a facility in that state, that demonstrates | 34955 |
| sufficient reliability, expertise, and competency to operate a | 34956 |
| hazardous waste facility under this chapter and Chapters 3704. and | 34957 |
| 6111. of the Revised Code, all rules and standards adopted under | 34958 |
| them, and terms and conditions of a hazardous waste facility | 34959 |
| installation and operation permit, given the potential for harm to | 34960 |
| the public health and safety and the environment that could result | 34961 |
| from the irresponsible operation of the facility. A permit may be | 34962 |
| transferred to a new owner or operator only pursuant to a Class 3 | 34963 |
| permit modification. | 34964 |
| As used in division (I)(5) of this section: | 34965 |
| (a) "Owner" means the person who owns a majority or | 34966 |
| controlling interest in a facility. | 34967 |
| (b) "Operator" means the person who is responsible for the | 34968 |
| overall operation of a facility. | 34969 |
| The director shall approve or disapprove an application for a | 34970 |
| Class 1 modification that requires the director's approval within | 34971 |
| sixty days after receiving the request for modification. The | 34972 |
| director shall approve or disapprove an application for a Class 2 | 34973 |
| modification within three hundred days after receiving the request | 34974 |
| for modification. The director shall approve or disapprove an | 34975 |
| application for a Class 3 modification within three hundred | 34976 |
| sixty-five days after receiving the request for modification. | 34977 |
| (6) The approval or disapproval by the director of a Class 1 | 34978 |
| modification application is not a final action that is appealable | 34979 |
| under Chapter 3745. of the Revised Code. The approval or | 34980 |
| disapproval by the director of a Class 2 modification or a Class 3 | 34981 |
| modification is a final action that is appealable under that | 34982 |
| chapter. In approving or disapproving a request for a | 34983 |
| modification, the director shall consider all comments pertaining | 34984 |
| to the request that are received during the public comment period | 34985 |
| and the public meetings. The administrative record for appeal of a | 34986 |
| final action by the director in approving or disapproving a | 34987 |
| request for a modification shall include all comments received | 34988 |
| during the public comment period relating to the request for | 34989 |
| modification, written materials submitted at the public meetings | 34990 |
| relating to the request, and any other documents related to the | 34991 |
| director's action. | 34992 |
| (7) Notwithstanding any other provision of law to the | 34993 |
| contrary, a change or alteration to a hazardous waste facility | 34994 |
| described in division (E)(3)(a) or (b) of section 3734.02 of the | 34995 |
| Revised Code, or its operations, is a modification for the | 34996 |
| purposes of this section. An application for a modification at | 34997 |
| such a facility shall be submitted, classified, and approved or | 34998 |
| disapproved in accordance with divisions (I)(1) to (6) of this | 34999 |
| section in the same manner as a modification to a hazardous waste | 35000 |
| facility installation and operation permit. | 35001 |
| (J)(1) Except as provided in division (J)(2) of this section, | 35002 |
| an owner or operator of a hazardous waste facility that is | 35003 |
| operating in accordance with a permit by rule under rules adopted | 35004 |
| by the director under division (E)(3)(b) of section 3734.02 of the | 35005 |
| Revised Code shall submit either a hazardous waste facility | 35006 |
| installation and operation permit application for the facility or | 35007 |
| a modification application, whichever is required under division | 35008 |
| (J)(1)(a) or (b) of this section, within one hundred eighty days | 35009 |
| after the director has requested the application or upon a later | 35010 |
| date if the owner or operator demonstrates to the director good | 35011 |
| cause for the late submittal. | 35012 |
| (a) If the owner or operator does not have a hazardous waste | 35013 |
| facility installation and operation permit for any hazardous waste | 35014 |
| treatment, storage, or disposal activities at the facility, the | 35015 |
| owner or operator shall submit an application for such a permit to | 35016 |
| the director for the activities authorized by the permit by rule. | 35017 |
| Notwithstanding any other provision of law to the contrary, the | 35018 |
| director shall approve or disapprove the application for the | 35019 |
| permit in accordance with the procedures governing the approval or | 35020 |
| disapproval of permit renewals under division (H) of this section. | 35021 |
| (b) If the owner or operator has a hazardous waste facility | 35022 |
| installation and operation permit for hazardous waste treatment, | 35023 |
| storage, or disposal activities at the facility other than those | 35024 |
| authorized by the permit by rule, the owner or operator shall | 35025 |
| submit to the director a request for modification in accordance | 35026 |
| with division (I) of this section. Notwithstanding any other | 35027 |
| provision of law to the contrary, the director shall approve or | 35028 |
| disapprove the modification application in accordance with | 35029 |
| division (I)(5) of this section. | 35030 |
| (2) The owner or operator of a boiler or industrial furnace | 35031 |
| that is conducting thermal treatment activities in accordance with | 35032 |
| a permit by rule under rules adopted by the director under | 35033 |
| division (E)(3)(b) of section 3734.02 of the Revised Code shall | 35034 |
| submit a hazardous waste facility installation and operation | 35035 |
| permit application if the owner or operator does not have such a | 35036 |
| permit for any hazardous waste treatment, storage, or disposal | 35037 |
| activities at the facility or, if the owner or operator has such a | 35038 |
| permit for hazardous waste treatment, storage, or disposal | 35039 |
| activities at the facility other than thermal treatment activities | 35040 |
| authorized by the permit by rule, a modification application to | 35041 |
| add those activities authorized by the permit by rule, whichever | 35042 |
| is applicable, within one hundred eighty days after the director | 35043 |
| has requested the submission of the application or upon a later | 35044 |
| date if the owner or operator demonstrates to the director good | 35045 |
| cause for the late submittal. The application shall be accompanied | 35046 |
| by information necessary to support the request. The director | 35047 |
| shall approve or disapprove an application for a hazardous waste | 35048 |
| facility installation and operation permit in accordance with | 35049 |
| division (D) of this section and approve or disapprove an | 35050 |
| application for a modification in accordance with division (I)(3) | 35051 |
| of this section, except that the director shall not disapprove an | 35052 |
| application for the thermal treatment activities on the basis of | 35053 |
| the criteria set forth in division (D)(2)(g) or (h) of this | 35054 |
| section. | 35055 |
| (3) As used in division (J) of this section: | 35056 |
| (a) "Modification application" means a request for a | 35057 |
| modification submitted in accordance with division (I) of this | 35058 |
| section. | 35059 |
| (b) "Thermal treatment," "boiler," and "industrial furnace" | 35060 |
| have the same meanings as in rules adopted under section 3734.12 | 35061 |
| of the Revised Code. | 35062 |
| (K) The director shall adopt, and may amend, suspend, or | 35063 |
| rescind, rules in accordance with Chapter 119. of the Revised Code | 35064 |
| in order to implement divisions (H) and (I) of this section. | 35065 |
| Except when in actual conflict with this section, rules governing | 35066 |
| the classification of and procedures for the modification of | 35067 |
| hazardous waste facility installation and operation permits shall | 35068 |
| be substantively and procedurally identical to the regulations | 35069 |
| governing hazardous waste facility permitting and permit | 35070 |
| modifications adopted under the "Resource Conservation and | 35071 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 35072 |
| amended. | 35073 |
| Sec. 3734.28. All moneys collected under sections 3734.122, | 35074 |
| 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised | 35075 |
| Code and natural resource damages collected by the state under the | 35076 |
| "Comprehensive Environmental Response, Compensation, and Liability | 35077 |
| Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall | 35078 |
| be paid into the state treasury to the credit of the hazardous | 35079 |
| waste clean-up fund, which is hereby created. In addition, any | 35080 |
| moneys recovered for costs paid from the fund for activities | 35081 |
| described in division (A)(1) and (2) of section 3745.12 of the | 35082 |
| Revised Code shall be credited to the fund. The environmental | 35083 |
| protection agency shall use the moneys in the fund for the | 35084 |
| purposes set forth in division (D) of section 3734.122, sections | 35085 |
| 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, | 35086 |
| and, through October 15, 2005, divisions (A)(1) and (2) of section | 35087 |
| 3745.12 and Chapter 3746. of the Revised Code, including any | 35088 |
| related enforcement expenses. In addition, the agency shall use | 35089 |
| the moneys in the fund to pay the state's long-term operation and | 35090 |
| maintenance costs or matching share for actions taken under the | 35091 |
| "Comprehensive Environmental Response, Compensation, and Liability | 35092 |
| Act of 1980," as amended. If those moneys are reimbursed by grants | 35093 |
| or other moneys from the United States or any other person, the | 35094 |
| moneys shall be placed in the fund and not in the general revenue | 35095 |
| fund. | 35096 |
| Sec. 3734.57. (A) | 35097 |
| 35098 | |
| 35099 | |
| 35100 | |
| 35101 | |
| 35102 | |
| 35103 | |
| 35104 | |
| 35105 | |
| 35106 | |
| 35107 | |
| 35108 | |
| 35109 | |
| 35110 | |
| 35111 | |
| 35112 | |
| 35113 | |
| 35114 | |
| 35115 | |
| 35116 | |
| 35117 | |
| 35118 | |
| 35119 | |
| 35120 | |
| 35121 | |
| 35122 | |
| 35123 | |
| solid wastes in this state: | 35124 |
| (1) One dollar per ton | 35125 |
| the proceeds of which shall be deposited in the state treasury to | 35126 |
| the credit of the hazardous waste facility management fund created | 35127 |
| in section 3734.18 of the Revised Code and one-half of the | 35128 |
| proceeds of which shall be deposited in the state treasury to the | 35129 |
| credit of the hazardous waste clean-up fund created in section | 35130 |
| 3734.28 of the Revised Code; | 35131 |
| (2) An additional one dollar per ton on and after July 1, | 35132 |
| 2003, through June 30,
| 35133 |
| deposited in the state treasury to the credit of the solid waste | 35134 |
| fund, which is hereby created. The environmental protection agency | 35135 |
| shall use money in the solid waste fund to pay the costs of | 35136 |
| administering and enforcing the laws pertaining to solid wastes, | 35137 |
| infectious wastes, and construction and demolition debris, | 35138 |
| including, without limitation, ground water evaluations related to | 35139 |
| solid wastes, infectious wastes, and construction and demolition | 35140 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 35141 |
| and any rules adopted under them, providing compliance assistance | 35142 |
| to small businesses, and paying a share of the administrative | 35143 |
| costs of the environmental protection agency pursuant to section | 35144 |
| 3745.014 of the Revised Code. | 35145 |
| (3) An additional one dollar and fifty cents per ton on and | 35146 |
| after July 1, 2005, the proceeds of which shall be deposited in | 35147 |
| the state treasury to the credit of the environmental protection | 35148 |
| fund created in section 3745.015 of the Revised Code. | 35149 |
| In the case of solid wastes that are taken to a solid waste | 35150 |
| transfer facility prior to being transported to a solid waste | 35151 |
| disposal facility for disposal, the fees levied under this | 35152 |
| division shall be collected by the owner or operator of the | 35153 |
| transfer facility as a trustee for the state. In the case of solid | 35154 |
| wastes that are not taken to a solid waste transfer facility prior | 35155 |
| to being transported to a solid waste disposal facility, the fees | 35156 |
| shall be collected by the owner or operator of the solid waste | 35157 |
| disposal facility as a trustee for the state. Fees levied under | 35158 |
| this division do not apply to materials separated from a mixed | 35159 |
| waste stream for recycling by a generator or materials removed | 35160 |
| from the solid waste stream through recycling, as "recycling" is | 35161 |
| defined in rules adopted under section 3734.02 of the Revised | 35162 |
| Code. | 35163 |
| The owner or operator of a solid waste transfer facility or | 35164 |
| disposal facility
| 35165 |
| 35166 | |
| prepare and file with the director of environmental protection | 35167 |
| 35168 | |
| of solid wastes received | 35169 |
| during that month and the total amount of the fees required to be | 35170 |
| collected under this division during that month. The amount of | 35171 |
| fees required to be collected under this division shall equal the | 35172 |
| total tonnage of solid wastes received at the facility multiplied | 35173 |
| by the fees levied under this division. The monthly returns shall | 35174 |
| be filed on a form prescribed by the director. Not later than | 35175 |
| thirty days after the last day of the
month to which | 35176 |
| applies, the owner or operator shall mail to the director the | 35177 |
| return for that month together with the fees required to be | 35178 |
| collected under this division during that month as indicated on | 35179 |
| the return. | 35180 |
| due is paid in a timely manner as required in this division, the | 35181 |
| owner or operator may retain a discount of three-fourths of one | 35182 |
| per cent of the total amount of the fees that are required to be | 35183 |
| paid as indicated on the return. | 35184 |
| The owner or operator may request an extension of not more | 35185 |
| than thirty days for filing the return and remitting the fees, | 35186 |
| provided that the owner or operator has submitted such a request | 35187 |
| in writing to the director together with a detailed description of | 35188 |
| why the extension is requested, the director has received the | 35189 |
| request not later than the day on which the return is required to | 35190 |
| be filed, and the director has approved the request. If the fees | 35191 |
| are not remitted within thirty days after the last day of the | 35192 |
| month | 35193 |
| or are not remitted by the last day of an extension approved by | 35194 |
| the director, the owner or operator shall not retain the | 35195 |
| three-fourths of one per cent discount and shall pay an additional | 35196 |
| 35197 | |
| they are late. For purposes of calculating the late fee, the first | 35198 |
| month in which fees are late begins on the first day after the | 35199 |
| deadline has passed for timely submitting the return and fees, and | 35200 |
| one additional month shall be counted every thirty days | 35201 |
| thereafter. | 35202 |
| | 35203 |
| 35204 | |
| 35205 | |
| 35206 | |
| 35207 | |
| 35208 | |
| 35209 | |
| 35210 | |
| 35211 | |
| 35212 | |
| 35213 | |
| 35214 | |
| 35215 | |
| 35216 | |
| 35217 | |
| 35218 | |
| 35219 |
| For purposes of computing the fees levied under this division | 35220 |
| or division (B) of this section, any solid waste transfer or | 35221 |
| disposal facility that does not use scales as a means of | 35222 |
| determining gate receipts shall use a conversion factor of three | 35223 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 35224 |
| baled waste, as applicable. | 35225 |
| The fees levied under this division and divisions (B) and (C) | 35226 |
| of this section are in addition to all other applicable fees and | 35227 |
| taxes and shall be added to any other fee or amount specified in a | 35228 |
| contract that is charged by the owner or operator of a solid waste | 35229 |
| transfer or disposal facility or to any other fee or amount that | 35230 |
| is
specified
in a contract | 35231 |
| and that is charged by a transporter of solid wastes. | 35232 |
| (B) For the | 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 | |
| 35262 | |
| 35263 | |
| 35264 | |
| 35265 | |
| 35266 | |
| 35267 | |
| 35268 | |
| 35269 | |
| 35270 | |
| 35271 | |
| 35272 | |
| 35273 | |
| 35274 | |
| 35275 | |
| 35276 | |
| 35277 | |
| 35278 | |
| specified in division (G) of this section, the solid waste | 35279 |
| management policy committee of a county or joint solid waste | 35280 |
| management district may levy fees upon the following activities: | 35281 |
| (1) The disposal at a solid waste disposal facility located | 35282 |
| in the district of solid wastes generated within the district; | 35283 |
| (2) The disposal at a solid waste disposal facility within | 35284 |
| the district of solid wastes generated outside the boundaries of | 35285 |
| the district, but inside this state; | 35286 |
| (3) The disposal at a solid waste disposal facility within | 35287 |
| the district of solid wastes generated outside the boundaries of | 35288 |
| this state. | 35289 |
| | 35290 |
| Fees levied under division (B)(1) of this section always shall be | 35291 |
| equal to one-half of the fees levied under division (B)(2) of this | 35292 |
|
section, and fees levied under division (B)(3) of this
section | 35293 |
| 35294 | |
| 35295 | |
|
(B)(1) of this section | 35296 |
| 35297 | |
| district approved under section 3734.521 or 3734.55 of the Revised | 35298 |
| Code and any amendments to it, or the resolution adopted under | 35299 |
| this division, as appropriate, shall establish the rates of the | 35300 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 35301 |
| if any, and shall specify whether the fees are levied on the basis | 35302 |
|
of tons or cubic yards as the
unit of measurement. | 35303 |
| 35304 | |
| 35305 | |
|
management | 35306 |
| 35307 | |
| 35308 | |
| under
| 35309 |
| cubic yards | 35310 |
| 35311 | |
| 35312 | |
| 35313 | |
| 35314 | |
| 35315 | |
| section. | 35316 |
| | 35317 |
| division (B)(1) of this section shall be not less than one dollar | 35318 |
| per ton nor more than two dollars per ton, the fee levied under | 35319 |
| division (B)(2) of this section shall be not less than two dollars | 35320 |
| per ton nor more than four dollars per ton, and the fee levied | 35321 |
| under division (B)(3) of this section shall be not more than the | 35322 |
| fee
levied under division (B)(1) of this section | 35323 |
| 35324 | |
| 35325 | |
| 35326 | |
| 35327 | |
| 35328 | |
| 35329 | |
| 35330 | |
| 35331 | |
| 35332 | |
| 35333 | |
| 35334 | |
| 35335 | |
| 35336 | |
| 35337 | |
| 35338 | |
| 35339 | |
| 35340 | |
| 35341 | |
| 35342 | |
| 35343 | |
| 35344 | |
| 35345 | |
| 35346 | |
| 35347 | |
| 35348 | |
| 35349 | |
| 35350 | |
| 35351 | |
| 35352 | |
| 35353 | |
| 35354 | |
| 35355 |
| | 35356 |
| 35357 | |
| 35358 | |
| 35359 | |
| 35360 | |
| 35361 | |
| 35362 | |
| 35363 | |
| 35364 | |
| 35365 | |
| 35366 | |
| 35367 | |
| 35368 | |
| 35369 | |
| 35370 | |
| 35371 | |
| 35372 | |
| 35373 | |
| 35374 | |
| 35375 | |
| 35376 | |
| 35377 | |
| 35378 | |
| 35379 | |
| 35380 | |
| 35381 | |
| 35382 | |
| 35383 | |
| 35384 | |
| 35385 | |
| 35386 | |
| 35387 |
| Prior to the approval of the solid waste management plan of | 35388 |
| 35389 | |
| solid waste management policy committee of a district may levy | 35390 |
| fees under this division by adopting a resolution establishing the | 35391 |
| proposed amount of the fees. Upon adopting the resolution, the | 35392 |
| committee shall deliver a copy of the resolution to the board of | 35393 |
| county commissioners of each county forming the district and to | 35394 |
| the legislative authority of each municipal corporation and | 35395 |
| township under the jurisdiction of the district and shall prepare | 35396 |
| and publish the resolution and a notice of the time and location | 35397 |
| where a public hearing on the fees will be held. Upon adopting the | 35398 |
| resolution, the committee shall deliver written notice of the | 35399 |
| adoption of the resolution; of the amount of the proposed fees; | 35400 |
| and of the date, time, and location of the public hearing to the | 35401 |
| director and to the fifty industrial, commercial, or institutional | 35402 |
| generators of solid wastes within the district that generate the | 35403 |
| largest quantities of solid wastes, as determined by the | 35404 |
| committee, and to their local trade associations. The committee | 35405 |
| shall make good faith efforts to identify those generators within | 35406 |
| the district and their local trade associations, but the | 35407 |
| nonprovision of notice under this division to a particular | 35408 |
| generator or local trade association does not invalidate the | 35409 |
| proceedings under this division. The publication shall occur at | 35410 |
| least thirty days before the hearing. After the hearing, the | 35411 |
| committee may make such revisions to the proposed fees as it | 35412 |
| considers appropriate and thereafter, by resolution, shall adopt | 35413 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 35414 |
| the committee shall deliver a copy of the resolution doing so to | 35415 |
| the board of county commissioners of each county forming the | 35416 |
| district and to the legislative authority of each municipal | 35417 |
| corporation and township under the jurisdiction of the district. | 35418 |
| Within sixty days after the delivery of a copy of the resolution | 35419 |
| adopting the proposed revised fees by the policy committee, each | 35420 |
| such board and legislative authority, by ordinance or resolution, | 35421 |
| shall approve or disapprove the revised fees and deliver a copy of | 35422 |
| the ordinance or resolution to the committee. If any such board or | 35423 |
| legislative authority fails to adopt and deliver to the policy | 35424 |
| committee an ordinance or resolution approving or disapproving the | 35425 |
| revised fees within sixty days after the policy committee | 35426 |
| delivered its resolution adopting the proposed revised fees, it | 35427 |
| shall be conclusively presumed that the board or legislative | 35428 |
| authority has approved the proposed revised fees. The committee | 35429 |
| shall determine if the resolution has been ratified in the same | 35430 |
| manner in which it determines if a draft solid waste management | 35431 |
| plan has been ratified under division (B) of section 3734.55 of | 35432 |
| the Revised Code. | 35433 |
| | 35434 |
| 35435 | |
| 35436 | |
| 35437 | |
| 35438 | |
| 35439 | |
| 35440 | |
| 35441 | |
| 35442 | |
| 35443 | |
| 35444 | |
| 35445 | |
| 35446 | |
| 35447 | |
| 35448 | |
| 35449 | |
| 35450 | |
| 35451 | |
| 35452 | |
| 35453 | |
| 35454 | |
| 35455 | |
| 35456 | |
| 35457 | |
| 35458 | |
| 35459 | |
| 35460 | |
| 35461 | |
| 35462 | |
| 35463 |
| | 35464 |
| 35465 | |
| 35466 | |
| 35467 | |
| 35468 | |
| 35469 | |
| 35470 | |
| 35471 | |
| 35472 | |
| 35473 |
| The committee may amend the schedule of fees levied pursuant | 35474 |
|
to a resolution | 35475 |
| this division by adopting a resolution establishing the proposed | 35476 |
|
amount of the amended fees. The
committee may | 35477 |
| fees
levied pursuant to such a
resolution | 35478 |
| adopting a resolution proposing to repeal them. Upon adopting such | 35479 |
| a resolution, the committee shall proceed to obtain ratification | 35480 |
| of the resolution in accordance with this division. | 35481 |
| Not later than fourteen days after declaring the new fees | 35482 |
| 35483 | |
| division, the committee shall notify by certified mail the owner | 35484 |
| or operator of each solid waste disposal facility that is required | 35485 |
| to collect the fees of the ratification and the amount of the fees | 35486 |
| or of the repeal of the fees. Collection
of any
fees | 35487 |
| 35488 | |
| collection of repealed fees shall cease on the first day of the | 35489 |
| second month following the month in which notification is sent to | 35490 |
| the owner or operator. | 35491 |
| | 35492 |
| 35493 | |
| 35494 | |
| 35495 | |
| 35496 | |
| 35497 | |
| 35498 |
| Fees levied under this division also may be established, | 35499 |
| amended, or repealed by a solid waste management policy committee | 35500 |
| through the adoption of a new district solid waste management | 35501 |
| plan, the adoption of an amended plan, or the amendment of the | 35502 |
| plan or amended plan in accordance with sections 3734.55 and | 35503 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 35504 |
| district plan in connection with a change in district composition | 35505 |
| under section 3734.521 of the Revised Code. | 35506 |
| Not later than fourteen days after the director issues an | 35507 |
|
order approving a district's solid waste management plan | 35508 |
| 35509 | |
| 35510 | |
| amendment to a plan or amended plan that
establishes
| 35511 |
| or repeals a schedule of fees levied by the district,
| 35512 |
| 35513 | |
| 35514 | |
| 35515 | |
| 35516 | |
| owner or operator of each solid waste disposal facility that is | 35517 |
| required to collect the fees of the approval of the plan or | 35518 |
| amended plan, or the amendment to the plan, as appropriate, and | 35519 |
|
the amount of the fees | 35520 |
| initial or amended plan approved under section 3734.521 of the | 35521 |
| Revised Code in connection with a change in district composition, | 35522 |
| other than one involving the withdrawal of a county from a joint | 35523 |
|
district, | 35524 |
| 35525 | |
| 35526 | |
| after the change takes effect pursuant to division (G) of that | 35527 |
| section, shall notify by certified mail the owner or operator of | 35528 |
| each solid waste disposal facility that is required to collect the | 35529 |
| fees that the change has taken effect and of the amount of the | 35530 |
|
fees | 35531 |
| 35532 | |
| 35533 | |
| 35534 | |
| 35535 | |
| fees shall cease on the first day of the second month following | 35536 |
| the month in which notification is sent to the owner or operator. | 35537 |
| | 35538 |
| 35539 | |
| 35540 | |
| 35541 | |
| 35542 | |
| 35543 | |
| 35544 | |
| 35545 | |
| 35546 | |
| 35547 | |
| 35548 | |
| 35549 | |
| 35550 | |
| 35551 | |
| 35552 | |
| 35553 | |
| 35554 | |
| 35555 | |
| 35556 | |
| 35557 | |
| 35558 | |
| 35559 | |
| 35560 | |
| 35561 | |
| 35562 |
| | 35563 |
| 35564 | |
| 35565 | |
| 35566 | |
| 35567 | |
| 35568 | |
| 35569 | |
| 35570 | |
| 35571 | |
| 35572 | |
| 35573 | |
| 35574 | |
| 35575 | |
| 35576 | |
| 35577 | |
| 35578 |
| If, in the case of a change in district composition involving | 35579 |
| the withdrawal of a county from a joint district, the director | 35580 |
| completes the actions required under division (G)(1) or (3) of | 35581 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 35582 |
| days or more before the beginning of a calendar year, the policy | 35583 |
| committee of each of the districts resulting from the change that | 35584 |
| obtained the director's approval of an initial or amended plan in | 35585 |
| connection with the change, within fourteen days after the | 35586 |
| director's completion of the required actions, shall notify by | 35587 |
| certified mail the owner or operator of each solid waste disposal | 35588 |
| facility that is required to collect the district's fees that the | 35589 |
| change is to take effect on the first day of January immediately | 35590 |
| following the issuance of the notice and of the amount of the fees | 35591 |
| or amended fees levied under divisions (B)(1) to (3) of this | 35592 |
| section pursuant to the district's initial or amended plan as so | 35593 |
|
approved or, if
appropriate, the | 35594 |
| district's fees by that initial or amended plan. Collection of any | 35595 |
| fees set forth in such a plan or amended plan shall commence on | 35596 |
| the first day of January immediately following the issuance of the | 35597 |
| notice.
If
such an initial or amended plan | 35598 |
| schedule of fees, collection of the fees shall cease on that first | 35599 |
| day of January. | 35600 |
| If, in the case of a change in district composition involving | 35601 |
| the withdrawal of a county from a joint district, the director | 35602 |
| completes the actions required under division (G)(1) or (3) of | 35603 |
| section 3734.521 of the Revised Code, as appropriate, less than | 35604 |
| forty-five days before the beginning of a calendar year, the | 35605 |
| director, on behalf of each of the districts resulting from the | 35606 |
| change that obtained the director's approval of an initial or | 35607 |
| amended plan in connection with the change proceedings, shall | 35608 |
| notify by certified mail the owner or operator of each solid waste | 35609 |
| disposal facility that is required to collect the district's fees | 35610 |
| that the change is to take effect on the first day of January | 35611 |
| immediately following the mailing of the notice and of the amount | 35612 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 35613 |
| of this section pursuant to the district's initial or amended plan | 35614 |
|
as so approved or, if
appropriate, the | 35615 |
| district's fees by that initial or amended plan. Collection of any | 35616 |
| fees set forth in such a plan or amended plan shall commence on | 35617 |
| the first day of the second month following the month in which | 35618 |
| notification is sent to the owner or operator. If such an initial | 35619 |
|
or amended
plan | 35620 |
| of the fees shall cease on the first day of the second month | 35621 |
| following the month in which notification is sent to the owner or | 35622 |
| operator. | 35623 |
| | 35624 |
| district is levying under divisions (B)(1) to (3) of this section | 35625 |
| is amended or repealed, the fees in effect immediately prior to | 35626 |
| the amendment or repeal shall continue to be collected until | 35627 |
| collection of the amended fees commences or collection of the | 35628 |
| repealed fees ceases, as applicable, as specified in this | 35629 |
| division. In the case of a change in district composition, | 35630 |
| 35631 | |
| 35632 | |
| 35633 | |
| 35634 | |
| 35635 | |
| 35636 | |
| 35637 | |
| 35638 | |
| 35639 | |
| 35640 | |
| 35641 | |
| 35642 | |
| 35643 | |
| 35644 | |
| 35645 | |
| 35646 | |
| 35647 | |
| former districts shall be divided among the resulting districts in | 35648 |
| accordance with division (B) of section 343.012 of the Revised | 35649 |
| Code and the agreements entered into under division (B) of section | 35650 |
| 343.01 of the Revised Code to establish the former and resulting | 35651 |
| districts and any amendments to those agreements. | 35652 |
| For the purposes of the provisions of division (B) of this | 35653 |
| section establishing the times when newly established or amended | 35654 |
| fees levied by a district are required to commence and the | 35655 |
|
collection of fees that have been amended or | 35656 |
| required to cease, "fees" or "schedule of fees" includes, in | 35657 |
| addition to fees levied under divisions (B)(1) to (3) of this | 35658 |
| section, those levied under section 3734.573 or 3734.574 of the | 35659 |
| Revised Code. | 35660 |
| (C) For the purposes of defraying the added costs to a | 35661 |
| municipal corporation or township of maintaining roads and other | 35662 |
| public facilities and of providing emergency and other public | 35663 |
| services, and compensating a municipal corporation or township for | 35664 |
| reductions in real property tax revenues due to reductions in real | 35665 |
| property valuations resulting from the location and operation of a | 35666 |
| solid waste disposal facility within the municipal corporation or | 35667 |
| township, a municipal corporation or township in which such a | 35668 |
| solid waste disposal facility is located may levy a fee of not | 35669 |
| more than twenty-five cents per ton on the disposal of solid | 35670 |
| wastes at a solid waste disposal facility located within the | 35671 |
| boundaries of the municipal corporation or township regardless of | 35672 |
| where the wastes were generated. | 35673 |
| The legislative authority of a municipal corporation or | 35674 |
| township may levy fees under this division by enacting an | 35675 |
| ordinance or adopting a resolution establishing the amount of the | 35676 |
| fees. Upon so doing the legislative authority shall mail a | 35677 |
| certified copy of the ordinance or resolution to the board of | 35678 |
| county commissioners or directors of the county or joint solid | 35679 |
| waste management district in which the municipal corporation or | 35680 |
| township is located or, if a regional solid waste management | 35681 |
| authority has been formed under section 343.011 of the Revised | 35682 |
| Code, to the board of trustees of that regional authority, the | 35683 |
| owner or operator of each solid waste disposal facility in the | 35684 |
| municipal corporation or township that is required to collect the | 35685 |
| fee by the ordinance or resolution, and the director of | 35686 |
| environmental protection. Although the fees levied under this | 35687 |
| division are levied on the basis of tons as the unit of | 35688 |
| measurement, the legislative authority, in its ordinance or | 35689 |
| resolution levying the fees under this division, may direct that | 35690 |
| the fees be levied on the basis of cubic yards as the unit of | 35691 |
| measurement based upon a conversion factor of three cubic yards | 35692 |
| per ton generally or one cubic yard per ton for baled wastes. | 35693 |
| Not later than five days after enacting an ordinance or | 35694 |
| adopting a resolution under this division, the legislative | 35695 |
| authority shall so notify by certified mail the owner or operator | 35696 |
| of each solid waste disposal facility that is required to collect | 35697 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 35698 |
| shall commence on the first day of the second month following the | 35699 |
| month in which notification is sent to the owner or operator. | 35700 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 35701 |
| this section do not apply to the disposal of solid wastes that: | 35702 |
| (a) Are disposed of at a facility owned by the generator of | 35703 |
| the wastes when the solid waste facility exclusively disposes of | 35704 |
| solid wastes generated at one or more premises owned by the | 35705 |
| generator regardless of whether the facility is located on a | 35706 |
| premises where the wastes are generated; | 35707 |
| (b) Are disposed of at facilities that exclusively dispose of | 35708 |
| wastes that are generated from the combustion of coal, or from the | 35709 |
| combustion of primarily coal in combination with scrap tires, that | 35710 |
| is not combined in any way with garbage at one or more premises | 35711 |
| owned by the generator. | 35712 |
| (2) Except as provided in section 3734.571 of the Revised | 35713 |
| Code, any fees levied under division (B)(1) of this section apply | 35714 |
| to solid wastes originating outside the boundaries of a county or | 35715 |
| joint district that are covered by an agreement for the joint use | 35716 |
| of solid waste facilities entered into under section 343.02 of the | 35717 |
| Revised Code by the board of county commissioners or board of | 35718 |
| directors of the county or joint district where the wastes are | 35719 |
| generated and disposed of. | 35720 |
| (3) When solid wastes, other than solid wastes that consist | 35721 |
| of scrap tires, are burned in a disposal facility that is an | 35722 |
| incinerator or energy recovery facility, the fees levied under | 35723 |
| divisions (A), (B), and (C) of this section shall be levied upon | 35724 |
| the disposal of the fly ash and bottom ash remaining after burning | 35725 |
| of the solid wastes and shall be collected by the owner or | 35726 |
| operator of the sanitary landfill where the ash is disposed of. | 35727 |
| (4) When solid wastes are delivered to a solid waste transfer | 35728 |
| facility, the fees levied under divisions (A), (B), and (C) of | 35729 |
| this section shall be levied upon the disposal of solid wastes | 35730 |
| transported off the premises of the transfer facility for disposal | 35731 |
| and shall be collected by the owner or operator of the solid waste | 35732 |
| disposal facility where the wastes are disposed of. | 35733 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 35734 |
| section do not apply to sewage sludge that is generated by a waste | 35735 |
| water treatment facility holding a national pollutant discharge | 35736 |
| elimination system permit and that is disposed of through | 35737 |
| incineration, land application, or composting or at another | 35738 |
| resource recovery or disposal facility that is not a landfill. | 35739 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 35740 |
| section do not apply to solid wastes delivered to a solid waste | 35741 |
| composting facility for processing. When any unprocessed solid | 35742 |
| waste or compost product is transported off the premises of a | 35743 |
| composting facility and disposed of at a landfill, the fees levied | 35744 |
| under divisions (A), (B), and (C) of this section shall be | 35745 |
| collected by the owner or operator of the landfill where the | 35746 |
| unprocessed waste or compost product is disposed of. | 35747 |
| (7) When solid wastes that consist of scrap tires are | 35748 |
| processed at a scrap tire recovery facility, the fees levied under | 35749 |
| divisions (A), (B), and (C) of this section shall be levied upon | 35750 |
| the disposal of the fly ash and bottom ash or other solid wastes | 35751 |
| remaining after the processing of the scrap tires and shall be | 35752 |
| collected by the owner or operator of the solid waste disposal | 35753 |
| facility where the ash or other solid wastes are disposed of. | 35754 |
| (E) The fees levied under divisions (B) and (C) of this | 35755 |
| section shall be collected by the owner or operator of the solid | 35756 |
| waste disposal facility where the wastes are disposed of as a | 35757 |
| trustee for the county or joint district and municipal corporation | 35758 |
| or township where the wastes are disposed of. Moneys from the fees | 35759 |
| levied under division (B) of this section shall be forwarded to | 35760 |
| the board of county commissioners or board of directors of the | 35761 |
| district in accordance with rules adopted under division (H) of | 35762 |
| this section. Moneys from the fees levied under division (C) of | 35763 |
| this section shall be forwarded to the treasurer or such other | 35764 |
| officer of the municipal corporation as, by virtue of the charter, | 35765 |
| has the duties of the treasurer or to the clerk of the township, | 35766 |
| as appropriate, in accordance with those rules. | 35767 |
| (F) Moneys received by the treasurer or such other officer of | 35768 |
| the municipal corporation under division (E) of this section shall | 35769 |
| be paid into the general fund of the municipal corporation. Moneys | 35770 |
| received by the clerk of the township under that division shall be | 35771 |
| paid into the general fund of the township. The treasurer or such | 35772 |
| other officer of the municipal corporation or the clerk, as | 35773 |
| appropriate, shall maintain separate records of the moneys | 35774 |
| received from the fees levied under division (C) of this section. | 35775 |
| (G) Moneys received by the board of county commissioners or | 35776 |
| board of directors under division (E) of this section or section | 35777 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 35778 |
| shall be paid to the county treasurer, or other official acting in | 35779 |
| a similar capacity under a county charter, in a county district or | 35780 |
| to the county treasurer or other official designated by the board | 35781 |
| of directors in a joint district and kept in a separate and | 35782 |
| distinct fund to the credit of the district. If a regional solid | 35783 |
| waste management authority has been formed under section 343.011 | 35784 |
| of the Revised Code, moneys received by the board of trustees of | 35785 |
| that regional authority under division (E) of this section shall | 35786 |
| be kept by the board in a separate and distinct fund to the credit | 35787 |
| of the district. Moneys in the special fund of the county or joint | 35788 |
| district arising from the fees levied under division (B) of this | 35789 |
| section and the fee levied under division (A) of section 3734.573 | 35790 |
| of the Revised Code shall be expended by the board of county | 35791 |
| commissioners or directors of the district in accordance with the | 35792 |
| district's solid waste management plan or amended plan approved | 35793 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 35794 |
| exclusively for the following purposes: | 35795 |
| (1) Preparation of the solid waste management plan of the | 35796 |
| district under section 3734.54 of the Revised Code, monitoring | 35797 |
| implementation of the plan, and conducting the periodic review and | 35798 |
| amendment of the plan required by section 3734.56 of the Revised | 35799 |
| Code by the solid waste management policy committee; | 35800 |
| (2) Implementation of the approved solid waste management | 35801 |
| plan or amended plan of the district, including, without | 35802 |
| limitation, the development and implementation of solid waste | 35803 |
| recycling or reduction programs; | 35804 |
| (3) Providing financial assistance to boards of health within | 35805 |
| the district, if solid waste facilities are located within the | 35806 |
| district, for enforcement of this chapter and rules, orders, and | 35807 |
| terms and conditions of permits, licenses, and variances adopted | 35808 |
| or issued under it, other than the hazardous waste provisions of | 35809 |
| this chapter and rules adopted and orders and terms and conditions | 35810 |
| of permits issued under those provisions; | 35811 |
| (4) Providing financial assistance to each county within the | 35812 |
| district to defray the added costs of maintaining roads and other | 35813 |
| public facilities and of providing emergency and other public | 35814 |
| services resulting from the location and operation of a solid | 35815 |
| waste facility within the county under the district's approved | 35816 |
| solid waste management plan or amended plan; | 35817 |
| (5) Pursuant to contracts entered into with boards of health | 35818 |
| within the district, if solid waste facilities contained in the | 35819 |
| district's approved plan or amended plan are located within the | 35820 |
| district, for paying the costs incurred by those boards of health | 35821 |
| for collecting and analyzing samples from public or private water | 35822 |
| wells on lands adjacent to those facilities; | 35823 |
| (6) Developing and implementing a program for the inspection | 35824 |
| of solid wastes generated outside the boundaries of this state | 35825 |
| that are disposed of at solid waste facilities included in the | 35826 |
| district's approved solid waste management plan or amended plan; | 35827 |
| (7) Providing financial assistance to boards of health within | 35828 |
| the district for the enforcement of section 3734.03 of the Revised | 35829 |
| Code or to local law enforcement agencies having jurisdiction | 35830 |
| within the district for enforcing anti-littering laws and | 35831 |
| ordinances; | 35832 |
| (8) Providing financial assistance to boards of health of | 35833 |
| health districts within the district that are on the approved list | 35834 |
| under section 3734.08 of the Revised Code to defray the costs to | 35835 |
| the health districts for the participation of their employees | 35836 |
| responsible for enforcement of the solid waste provisions of this | 35837 |
| chapter and rules adopted and orders and terms and conditions of | 35838 |
| permits, licenses, and variances issued under those provisions in | 35839 |
| the training and certification program as required by rules | 35840 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 35841 |
| (9) Providing financial assistance to individual municipal | 35842 |
| corporations and townships within the district to defray their | 35843 |
| added costs of maintaining roads and other public facilities and | 35844 |
| of providing emergency and other public services resulting from | 35845 |
| the location and operation within their boundaries of a | 35846 |
| composting, energy or resource recovery, incineration, or | 35847 |
| recycling facility that either is owned by the district or is | 35848 |
| furnishing solid waste management facility or recycling services | 35849 |
| to the district pursuant to a contract or agreement with the board | 35850 |
| of county commissioners or directors of the district; | 35851 |
| (10) Payment of any expenses that are agreed to, awarded, or | 35852 |
| ordered to be paid under section 3734.35 of the Revised Code and | 35853 |
| of any administrative costs incurred pursuant to that section. In | 35854 |
| the case of a joint solid waste management district, if the board | 35855 |
| of county commissioners of one of the counties in the district is | 35856 |
| negotiating on behalf of affected communities, as defined in that | 35857 |
| section, in that county, the board shall obtain the approval of | 35858 |
| the board of directors of the district in order to expend moneys | 35859 |
| for administrative costs incurred. | 35860 |
| Prior to the approval of the district's solid waste | 35861 |
| management plan under section 3734.55 of the Revised Code, moneys | 35862 |
| in the special fund of the district arising from the fees shall be | 35863 |
| expended for those purposes in the manner prescribed by the solid | 35864 |
| waste management policy committee by resolution. | 35865 |
| Notwithstanding division (G)(6) of this section as it existed | 35866 |
| prior to October 29, 1993, or any provision in a district's solid | 35867 |
| waste management plan prepared in accordance with division | 35868 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 35869 |
| prior to that date, any moneys arising from the fees levied under | 35870 |
| division (B)(3) of this section prior to January 1, 1994, may be | 35871 |
| expended for any of the purposes authorized in divisions (G)(1) to | 35872 |
| (10) of this section. | 35873 |
| (H) The director shall adopt rules in accordance with Chapter | 35874 |
| 119. of the Revised Code prescribing procedures for collecting and | 35875 |
| forwarding the fees levied under divisions (B) and (C) of this | 35876 |
| section to the boards of county commissioners or directors of | 35877 |
| county or joint solid waste management districts and to the | 35878 |
| treasurers or other officers of municipal corporations or to the | 35879 |
| clerks of townships. The rules also shall prescribe the dates for | 35880 |
| forwarding the fees to the boards and officials and may prescribe | 35881 |
| any other requirements the director considers necessary or | 35882 |
| appropriate to implement and administer divisions (A), (B), and | 35883 |
|
(C) of this
section. | 35884 |
| 35885 | |
| 35886 | |
| 35887 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 35888 |
| to defray the cost of administering and enforcing the scrap tire | 35889 |
| provisions of this chapter, rules adopted under those provisions, | 35890 |
| and terms and conditions of orders, variances, and licenses issued | 35891 |
| under those provisions; to abate accumulations of scrap tires; to | 35892 |
| make grants to promote research regarding alternative methods of | 35893 |
| recycling scrap tires and loans to promote the recycling or | 35894 |
| recovery of energy from scrap tires; and to defray the costs of | 35895 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 35896 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 35897 |
| the sale of tires. The fee is levied from the first day of the | 35898 |
| calendar month that begins next after thirty days from October 29, | 35899 |
|
1993, through June 30, | 35900 |
| (2) Beginning on
| 35901 |
| 5, 2001, and ending on June 30, 2011, there is hereby levied an | 35902 |
| additional fee of fifty cents per tire on the sale of tires the | 35903 |
| proceeds of which shall be deposited in the state treasury to the | 35904 |
| credit of the scrap tire management fund created in section | 35905 |
| 3734.82 of the Revised Code and be used exclusively for the | 35906 |
| purposes specified in division (G)(3) of that section. | 35907 |
| (3) Beginning July 1, 2005, there is hereby levied an | 35908 |
| additional fee of one dollar per tire on the sale of tires, the | 35909 |
| proceeds of which shall be deposited into the state treasury to | 35910 |
| the credit of the recycling and litter prevention fund created in | 35911 |
| section 1502.02 of the Revised Code. | 35912 |
| (B) Only one sale of the same article shall be used in | 35913 |
| computing the amount of the fee due. | 35914 |
| Sec. 3734.9010. | 35915 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 35916 |
| the Revised Code shall be certified directly to the credit of the | 35917 |
| tire fee administrative fund, which is hereby created in the state | 35918 |
| treasury, for appropriation to the department of taxation for use | 35919 |
| in administering those sections. The remainder of the amounts paid | 35920 |
| to the treasurer of state shall be deposited to the credit of the | 35921 |
| scrap tire management fund created in section 3734.82 of the | 35922 |
| Revised Code, except that the amounts from the fee levied under | 35923 |
| division (A)(3) of section 3734.901 of the Revised Code shall be | 35924 |
| deposited to the credit of the recycling and litter prevention | 35925 |
| fund created in section 1502.02 of the Revised Code. | 35926 |
| Sec. 3743.57. (A) All fees collected by the fire marshal for | 35927 |
| licenses or permits issued pursuant to this chapter shall be | 35928 |
| deposited into the state fire marshal's fund, and interest earned | 35929 |
| on the amounts in the fund shall be credited by the treasurer of | 35930 |
| state to the fund. | 35931 |
| (B) | 35932 |
| 35933 | |
| 35934 | |
| 35935 | |
| 35936 | |
| 35937 | |
| 35938 |
| | 35939 |
| 35940 | |
| 35941 | |
| 35942 | |
| 35943 | |
| 35944 | |
| 35945 | |
| 35946 | |
| 35947 | |
| 35948 | |
| 35949 | |
| 35950 | |
| 35951 | |
| 35952 | |
| 35953 | |
| 35954 | |
| 35955 | |
| 35956 | |
| 35957 |
| The fire marshal shall in the fire marshal's discretion use | 35958 |
| amounts in the state fire marshal's fund for fireworks training | 35959 |
| and education purposes, including, but not limited to, the | 35960 |
| creation of educational and training programs, attendance by the | 35961 |
| fire marshal and the fire marshal's employees at conferences and | 35962 |
| seminars, the payment of travel and meal expenses associated with | 35963 |
| such attendance, participation by the fire marshal and the fire | 35964 |
| marshal's employees in committee meetings and other meetings | 35965 |
| related to pyrotechnic codes, and the payment of travel and meal | 35966 |
| expenses associated with such participation. The use of the fund | 35967 |
| shall comply with rules of the department of commerce, policies | 35968 |
| and procedures established by the director of budget and | 35969 |
| management, and all other applicable laws. | 35970 |
| Sec. 3745.015. There is hereby created in the state treasury | 35971 |
| the environmental protection fund consisting of money credited to | 35972 |
| the fund under division (A)(3) of section 3734.57 of the Revised | 35973 |
| Code. The environmental protection agency shall use money in the | 35974 |
| fund to pay the agency's costs associated with administering and | 35975 |
| enforcing, or otherwise conducting activities under, this chapter | 35976 |
| and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., | 35977 |
| 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., | 35978 |
| 6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of | 35979 |
| the Revised Code. | 35980 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 35981 |
| licenses, variances, plan approvals, and certifications issued by | 35982 |
| the director of environmental protection pursuant to Chapters | 35983 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 35984 |
| to the environmental protection agency for each such issuance and | 35985 |
| each application for an issuance as provided by this section. No | 35986 |
| fee shall be charged for any issuance for which no application has | 35987 |
| been submitted to the director. | 35988 |
| (B) Each person who is issued a permit to install prior to | 35989 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 35990 |
| section 3704.03 of the Revised Code shall pay the fees specified | 35991 |
| in the following schedules: | 35992 |
| (1) | 35993 |
| Input capacity (maximum) | 35994 | ||||
| (million British thermal units per hour) | Permit to install | 35995 | |||
| Greater than 0, but less than 10 | $ 200 | 35996 | |||
| 10 or more, but less than 100 | 400 | 35997 | |||
| 100 or more, but less than 300 | 800 | 35998 | |||
| 300 or more, but less than 500 | 1500 | 35999 | |||
| 500 or more, but less than 1000 | 2500 | 36000 | |||
| 1000 or more, but less than 5000 | 4000 | 36001 | |||
| 5000 or more | 6000 | 36002 | |||
| Units burning exclusively natural gas, number two fuel oil, | 36003 |
| or both shall be assessed a fee that is one-half of the applicable | 36004 |
| amount established in division (F)(1) of this section. | 36005 |
| (2) Incinerators | 36006 |
| Input capacity (pounds per hour) | Permit to install | 36007 |
| 0 to 100 | $ 100 | 36008 | |||
| 101 to 500 | 400 | 36009 | |||
| 501 to 2000 | 750 | 36010 | |||
| 2001 to 20,000 | 1000 | 36011 | |||
| more than 20,000 | 2500 | 36012 | |||
| (3)(a) Process | 36013 |
| Process weight rate (pounds per hour) | Permit to install | 36014 |
| 0 to 1000 | $ 200 | 36015 | |||
| 1001 to 5000 | 400 | 36016 | |||
| 5001 to 10,000 | 600 | 36017 | |||
| 10,001 to 50,000 | 800 | 36018 | |||
| more than 50,000 | 1000 | 36019 | |||
| In any process where process weight rate cannot be | 36020 |
| ascertained, the minimum fee shall be assessed. | 36021 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 36022 |
| person issued a permit to install pursuant to rules adopted under | 36023 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 36024 |
| fees established in division (B)(3)(c) of this section for a | 36025 |
| process used in any of the following industries, as identified by | 36026 |
| the applicable four-digit standard industrial classification code | 36027 |
| according to the Standard Industrial Classification Manual | 36028 |
| published by the United States office of management and budget in | 36029 |
| the executive office of the president, 1972, as revised: | 36030 |
| 1211 Bituminous coal and lignite mining; | 36031 |
| 1213 Bituminous coal and lignite mining services; | 36032 |
| 1411 Dimension stone; | 36033 |
| 1422 Crushed and broken limestone; | 36034 |
| 1427 Crushed and broken stone, not elsewhere classified; | 36035 |
| 1442 Construction sand and gravel; | 36036 |
| 1446 Industrial sand; | 36037 |
| 3281 Cut stone and stone products; | 36038 |
| 3295 Minerals and earth, ground or otherwise treated. | 36039 |
| (c) The fees established in the following schedule apply to | 36040 |
| the issuance of a permit to install pursuant to rules adopted | 36041 |
| under division (F) of section 3704.03 of the Revised Code for a | 36042 |
| process listed in division (B)(3)(b) of this section: | 36043 |
| Process weight rate (pounds per hour) | Permit to install | 36044 |
| 0 to 1000 | $ 200 | 36045 | |
| 10,001 to 50,000 | 300 | 36046 | |
| 50,001 to 100,000 | 400 | 36047 | |
| 100,001 to 200,000 | 500 | 36048 | |
| 200,001 to 400,000 | 600 | 36049 | |
| 400,001 or more | 700 | 36050 |
| (4) Storage tanks | 36051 |
| Gallons (maximum useful capacity) | Permit to install | 36052 |
| 0 to 20,000 | $ 100 | 36053 | |||
| 20,001 to 40,000 | 150 | 36054 | |||
| 40,001 to 100,000 | 200 | 36055 | |||
| 100,001 to 250,000 | 250 | 36056 | |||
| 250,001 to 500,000 | 350 | 36057 | |||
| 500,001 to 1,000,000 | 500 | 36058 | |||
| 1,000,001 or greater | 750 | 36059 | |||
| (5) Gasoline/fuel dispensing facilities | 36060 |
| For each gasoline/fuel dispensing | Permit to install | 36061 | |||
| facility | $ 100 | 36062 | |||
| (6) Dry cleaning facilities | 36063 |
| For each dry cleaning facility | Permit to install | 36064 | |||
| (includes all units at the facility) | $ 100 | 36065 | |||
| (7) Registration status | 36066 |
| For each source covered | Permit to install | 36067 | |||
| by registration status | $ 75 | 36068 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 36069 |
| this section, beginning July 1, 1994, each person who owns or | 36070 |
| operates an air contaminant source and who is required to apply | 36071 |
| for and obtain a Title V permit under section 3704.036 of the | 36072 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 36073 |
| this section. For the purposes of that division, total emissions | 36074 |
| of air contaminants may be calculated using engineering | 36075 |
| calculations, emissions factors, material balance calculations, or | 36076 |
| performance testing procedures, as authorized by the director. | 36077 |
| The following fees shall be assessed on the total actual | 36078 |
| emissions from a source in tons per year of the regulated | 36079 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 36080 |
| organic compounds, and lead: | 36081 |
| (a) Fifteen dollars per ton on the total actual emissions of | 36082 |
| each such regulated pollutant during the period July through | 36083 |
| December 1993, to be collected no sooner than July 1, 1994; | 36084 |
| (b) Twenty dollars per ton on the total actual emissions of | 36085 |
| each such regulated pollutant during calendar year 1994, to be | 36086 |
| collected no sooner than April 15, 1995; | 36087 |
| (c) Twenty-five dollars per ton on the total actual emissions | 36088 |
| of each such regulated pollutant in calendar year 1995, and each | 36089 |
| subsequent calendar year, to be collected no sooner than the | 36090 |
| fifteenth day of April of the year next succeeding the calendar | 36091 |
| year in which the emissions occurred. | 36092 |
| The fees levied under division (C)(1) of this section do not | 36093 |
| apply to that portion of the emissions of a regulated pollutant at | 36094 |
| a facility that exceed four thousand tons during a calendar year. | 36095 |
| (2) The fees assessed under division (C)(1) of this section | 36096 |
| are for the purpose of providing funding for the Title V permit | 36097 |
| program. | 36098 |
| (3) The fees assessed under division (C)(1) of this section | 36099 |
| do not apply to emissions from any electric generating unit | 36100 |
| designated as a Phase I unit under Title IV of the federal Clean | 36101 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 36102 |
| on the emissions from such a generating unit commencing in | 36103 |
| calendar year 2001 based upon the total actual emissions from the | 36104 |
| generating unit during calendar year 2000 and shall continue to be | 36105 |
| assessed each subsequent calendar year based on the total actual | 36106 |
| emissions from the generating unit during the preceding calendar | 36107 |
| year. | 36108 |
| (4) The director shall issue invoices to owners or operators | 36109 |
| of air contaminant sources who are required to pay a fee assessed | 36110 |
| under division (C) or (D) of this section. Any such invoice shall | 36111 |
| be issued no sooner than the applicable date when the fee first | 36112 |
| may be collected in a year under the applicable division, shall | 36113 |
| identify the nature and amount of the fee assessed, and shall | 36114 |
| indicate that the fee is required to be paid within thirty days | 36115 |
| after the issuance of the invoice. | 36116 |
| (D)(1) Except as provided in division (D)(3) of this section, | 36117 |
| from January 1, 1994, through December 31, 2003, each person who | 36118 |
| owns or operates an air contaminant source; who is required to | 36119 |
| apply for a permit to operate pursuant to rules adopted under | 36120 |
| division (G), or a variance pursuant to division (H), of section | 36121 |
| 3704.03 of the Revised Code; and who is not required to apply for | 36122 |
| and obtain a Title V permit under section 3704.036 of the Revised | 36123 |
| Code shall pay a single fee based upon the sum of the actual | 36124 |
| annual emissions from the facility of the regulated pollutants | 36125 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 36126 |
| compounds, and lead in accordance with the following schedule: | 36127 |
| Total tons per year | 36128 | |||||
| of regulated pollutants | Annual fee | 36129 | ||||
| emitted | per facility | 36130 | ||||
| More than 0, but less than 50 | $ 75 | 36131 | ||||
| 50 or more, but less than 100 | 300 | 36132 | ||||
| 100 or more | 700 | 36133 |
| (2) Except as provided in division (D)(3) of this section, | 36134 |
| beginning January 1, 2004, each person who owns or operates an air | 36135 |
| contaminant source; who is required to apply for a permit to | 36136 |
| operate pursuant to rules adopted under division (G), or a | 36137 |
| variance pursuant to division (H), of section 3704.03 of the | 36138 |
| Revised Code; and who is not required to apply for and obtain a | 36139 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 36140 |
| a single fee based upon the sum of the actual annual emissions | 36141 |
| from the facility of the regulated pollutants particulate matter, | 36142 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 36143 |
| accordance with the following schedule: | 36144 |
| Total tons per year | 36145 | |||||
| of regulated pollutants | Annual fee | 36146 | ||||
| emitted | per facility | 36147 | ||||
| More than 0, but less than 10 | $ 100 | 36148 | ||||
| 10 or more, but less than 50 | 200 | 36149 | ||||
| 50 or more, but less than 100 | 300 | 36150 | ||||
| 100 or more | 700 | 36151 |
| (3)(a) As used in division (D) of this section, "synthetic | 36152 |
| minor facility" means a facility for which one or more permits to | 36153 |
| install or permits to operate have been issued for the air | 36154 |
| contaminant sources at the facility that include terms and | 36155 |
| conditions that lower the facility's potential to emit air | 36156 |
| contaminants below the major source thresholds established in | 36157 |
| rules adopted under section 3704.036 of the Revised Code. | 36158 |
| (b) Beginning January 1, 2000, through June 30,
| 36159 |
| each person who owns or operates a synthetic minor facility shall | 36160 |
| pay an annual fee based on the sum of the actual annual emissions | 36161 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 36162 |
| dioxide, organic compounds, and lead in accordance with the | 36163 |
| following schedule: | 36164 |
| Combined total tons | 36165 | ||||
| per year of all regulated | Annual fee | 36166 | |||
| pollutants emitted | per facility | 36167 |
| Less than 10 | $ 170 | 36168 | |||
| 10 or more, but less than 20 | 340 | 36169 | |||
| 20 or more, but less than 30 | 670 | 36170 | |||
| 30 or more, but less than 40 | 1,010 | 36171 | |||
| 40 or more, but less than 50 | 1,340 | 36172 | |||
| 50 or more, but less than 60 | 1,680 | 36173 | |||
| 60 or more, but less than 70 | 2,010 | 36174 | |||
| 70 or more, but less than 80 | 2,350 | 36175 | |||
| 80 or more, but less than 90 | 2,680 | 36176 | |||
| 90 or more, but less than 100 | 3,020 | 36177 | |||
| 100 or more | 3,350 | 36178 |
| (4) The fees assessed under division (D)(1) of this section | 36179 |
| shall be collected annually no sooner than the fifteenth day of | 36180 |
| April, commencing in 1995. The fees assessed under division (D)(2) | 36181 |
| of this section shall be collected annually no sooner than the | 36182 |
| fifteenth day of April, commencing in 2005. The fees assessed | 36183 |
| under division (D)(3) of this section shall be collected no sooner | 36184 |
| than the fifteenth day of April, commencing in 2000. The fees | 36185 |
| assessed under division (D) of this section in a calendar year | 36186 |
| shall be based upon the sum of the actual emissions of those | 36187 |
| regulated pollutants during the preceding calendar year. For the | 36188 |
| purpose of division (D) of this section, emissions of air | 36189 |
| contaminants may be calculated using engineering calculations, | 36190 |
| emission factors, material balance calculations, or performance | 36191 |
| testing procedures, as authorized by the director. The director, | 36192 |
| by rule, may require persons who are required to pay the fees | 36193 |
| assessed under division (D) of this section to pay those fees | 36194 |
| biennially rather than annually. | 36195 |
| (E)(1) Consistent with the need to cover the reasonable costs | 36196 |
| of the Title V permit program, the director annually shall | 36197 |
| increase the fees prescribed in division (C)(1) of this section by | 36198 |
| the percentage, if any, by which the consumer price index for the | 36199 |
| most recent calendar year ending before the beginning of a year | 36200 |
| exceeds the consumer price index for calendar year 1989. Upon | 36201 |
| calculating an increase in fees authorized by division (E)(1) of | 36202 |
| this section, the director shall compile revised fee schedules for | 36203 |
| the purposes of division (C)(1) of this section and shall make the | 36204 |
| revised schedules available to persons required to pay the fees | 36205 |
| assessed under that division and to the public. | 36206 |
| (2) For the purposes of division (E)(1) of this section: | 36207 |
| (a) The consumer price index for any year is the average of | 36208 |
| the consumer price index for all urban consumers published by the | 36209 |
| United States department of labor as of the close of the | 36210 |
| twelve-month period ending on the thirty-first day of August of | 36211 |
| that year. | 36212 |
| (b) If the 1989 consumer price index is revised, the director | 36213 |
| shall use the revision of the consumer price index that is most | 36214 |
| consistent with that for calendar year 1989. | 36215 |
| (F) Each person who is issued a permit to install pursuant to | 36216 |
| rules adopted under division (F) of section 3704.03 of the Revised | 36217 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 36218 |
| following schedules: | 36219 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 36220 |
| heaters used in the process of burning fuel for the primary | 36221 |
| purpose of producing heat or power by indirect heat transfer) | 36222 |
| Input capacity (maximum) | 36223 | ||
| (million British thermal units per hour) | Permit to install | 36224 | |
| Greater than 0, but less than 10 | $ 200 | 36225 | |
| 10 or more, but less than 100 | 400 | 36226 | |
| 100 or more, but less than 300 | 1000 | 36227 | |
| 300 or more, but less than 500 | 2250 | 36228 | |
| 500 or more, but less than 1000 | 3750 | 36229 | |
| 1000 or more, but less than 5000 | 6000 | 36230 | |
| 5000 or more | 9000 | 36231 |
| Units burning exclusively natural gas, number two fuel oil, | 36232 |
| or both shall be assessed a fee that is one-half the applicable | 36233 |
| amount shown in division (F)(1) of this section. | 36234 |
| (2) Combustion turbines and stationary internal combustion | 36235 |
| engines designed to generate electricity | 36236 |
| Generating capacity (mega watts) | Permit to install | 36237 | |
| 0 or more, but less than 10 | $ 25 | 36238 | |
| 10 or more, but less than 25 | 150 | 36239 | |
| 25 or more, but less than 50 | 300 | 36240 | |
| 50 or more, but less than 100 | 500 | 36241 | |
| 100 or more, but less than 250 | 1000 | 36242 | |
| 250 or more | 2000 | 36243 |
| (3) Incinerators | 36244 |
| Input capacity (pounds per hour) | Permit to install | 36245 | |
| 0 to 100 | $ 100 | 36246 | |
| 101 to 500 | 500 | 36247 | |
| 501 to 2000 | 1000 | 36248 | |
| 2001 to 20,000 | 1500 | 36249 | |
| more than 20,000 | 3750 | 36250 |
| (4)(a) Process | 36251 |
| Process weight rate (pounds per hour) | Permit to install | 36252 | |
| 0 to 1000 | $ 200 | 36253 | |
| 1001 to 5000 | 500 | 36254 | |
| 5001 to 10,000 | 750 | 36255 | |
| 10,001 to 50,000 | 1000 | 36256 | |
| more than 50,000 | 1250 | 36257 |
| In any process where process weight rate cannot be | 36258 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 36259 |
| combustion turbine, stationary internal combustion engine, or | 36260 |
| process heater designed to provide direct heat or power to a | 36261 |
| process not designed to generate electricity shall be assessed a | 36262 |
| fee established in division (F)(4)(a) of this section. A | 36263 |
| combustion turbine or stationary internal combustion engine | 36264 |
| designed to generate electricity shall be assessed a fee | 36265 |
| established in division (F)(2) of this section. | 36266 |
| (b) Notwithstanding division (F) | 36267 |
| any person issued a permit to install pursuant to rules adopted | 36268 |
| under division (F) of section 3704.03 of the Revised Code shall | 36269 |
|
pay the
fees set forth in division (F) | 36270 |
| for a process used in any of the following industries, as | 36271 |
| identified by the applicable two-digit, three-digit, or four-digit | 36272 |
| standard industrial classification code according to the Standard | 36273 |
| Industrial Classification Manual published by the United States | 36274 |
| office of management and budget in the executive office of the | 36275 |
| president, | 36276 |
| | 36277 |
| | 36278 |
| | 36279 |
| | 36280 |
| | 36281 |
| | 36282 |
| | 36283 |
| Major group 12, coal mining; | 36284 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 36285 |
| Industry group 204, grain mill products; | 36286 |
| 2873 Nitrogen fertilizers; | 36287 |
| 2874 Phosphatic fertilizers; | 36288 |
| 3281 Cut stone and stone products; | 36289 |
| 3295 Minerals and earth, ground or otherwise treated; | 36290 |
| 4221 Grain elevators (storage only); | 36291 |
| 5159 Farm related raw materials; | 36292 |
| 5261 Retail nurseries and lawn and garden supply stores. | 36293 |
| (c) The fees set forth in the following schedule apply to the | 36294 |
| issuance of a permit to install pursuant to rules adopted under | 36295 |
| division (F) of section 3704.03 of the Revised Code for a process | 36296 |
| identified in division (F) | 36297 |
| Process weight rate (pounds per hour) | Permit to install | 36298 | ||||
| 0 to 10,000 | $ 200 | 36299 | ||||
| 10,001 to 50,000 | 400 | 36300 | ||||
| 50,001 to 100,000 | 500 | 36301 | ||||
| 100,001 to 200,000 | 600 | 36302 | ||||
| 200,001 to 400,000 | 750 | 36303 | ||||
| 400,001 or more | 900 | 36304 |
| (5) Storage tanks | 36305 |
| Gallons (maximum useful capacity) | Permit to install | 36306 | ||||
| 0 to 20,000 | $ 100 | 36307 | ||||
| 20,001 to 40,000 | 150 | 36308 | ||||
| 40,001 to 100,000 | 250 | 36309 | ||||
| 100,001 to 500,000 | 400 | 36310 | ||||
| 500,001 or greater | 750 | 36311 |
| (6) Gasoline/fuel dispensing facilities | 36312 |
| For each gasoline/fuel | 36313 | |||||
| dispensing facility (includes all | Permit to install | 36314 | ||||
| units at the facility) | $ 100 | 36315 | ||||
| (7) Dry cleaning facilities | 36316 |
| For each dry cleaning | 36317 | |||||
| facility (includes all units | Permit to install | 36318 | ||||
| at the facility) | $ 100 | 36319 | ||||
| (8) Registration status | 36320 |
| For each source covered | Permit to install | 36321 | ||||
| by registration status | $ 75 | 36322 | ||||
| (G) An owner or operator who is responsible for an asbestos | 36323 |
| demolition or renovation project pursuant to rules adopted under | 36324 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 36325 |
| in the following schedule: | 36326 |
| Action | Fee | 36327 | ||||
| Each notification | $75 | 36328 | ||||
| Asbestos removal | $3/unit | 36329 | ||||
| Asbestos cleanup | $4/cubic yard | 36330 |
| For purposes of this division, "unit" means any combination of | 36331 |
| linear feet or square feet equal to fifty. | 36332 |
| (H) A person who is issued an extension of time for a permit | 36333 |
| to install an air contaminant source pursuant to rules adopted | 36334 |
| under division (F) of section 3704.03 of the Revised Code shall | 36335 |
| pay a fee equal to one-half the fee originally assessed for the | 36336 |
| permit to install under this section, except that the fee for such | 36337 |
| an extension shall not exceed two hundred dollars. | 36338 |
| (I) A person who is issued a modification to a permit to | 36339 |
| install an air contaminant source pursuant to rules adopted under | 36340 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 36341 |
| one-half of the fee that would be assessed under this section to | 36342 |
| obtain a permit to install the source. The fee assessed by this | 36343 |
| division only applies to modifications that are initiated by the | 36344 |
| owner or operator of the source and shall not exceed two thousand | 36345 |
| dollars. | 36346 |
| (J) Notwithstanding division (B) or (F) of this section, a | 36347 |
| person who applies for or obtains a permit to install pursuant to | 36348 |
| rules adopted under division (F) of section 3704.03 of the Revised | 36349 |
| Code after the date actual construction of the source began shall | 36350 |
| pay a fee for the permit to install that is equal to twice the fee | 36351 |
| that otherwise would be assessed under the applicable division | 36352 |
| unless the applicant received authorization to begin construction | 36353 |
| under division (W) of section 3704.03 of the Revised Code. This | 36354 |
| division only applies to sources for which actual construction of | 36355 |
| the source begins on or after July 1, 1993. The imposition or | 36356 |
| payment of the fee established in this division does not preclude | 36357 |
| the director from taking any administrative or judicial | 36358 |
| enforcement action under this chapter, Chapter 3704., 3714., | 36359 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 36360 |
| of them, in connection with a violation of rules adopted under | 36361 |
| division (F) of section 3704.03 of the Revised Code. | 36362 |
| As used in this division, "actual construction of the source" | 36363 |
| means the initiation of physical on-site construction activities | 36364 |
| in connection with improvements to the source that are permanent | 36365 |
| in nature, including, without limitation, the installation of | 36366 |
| building supports and foundations and the laying of underground | 36367 |
| pipework. | 36368 |
| (K) Fifty cents per ton of each fee assessed under division | 36369 |
| (C) of this section on actual emissions from a source and received | 36370 |
| by the environmental protection agency pursuant to that division | 36371 |
| shall be deposited into the state treasury to the credit of the | 36372 |
| small business assistance fund created in section 3706.19 of the | 36373 |
| Revised Code. The remainder of the moneys received by the division | 36374 |
| pursuant to that division and moneys received by the agency | 36375 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 36376 |
| section shall be deposited in the state treasury to the credit of | 36377 |
| the clean air fund created in section 3704.035 of the Revised | 36378 |
| Code. | 36379 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 36380 |
| or (c) of this section, a person issued a water discharge permit | 36381 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 36382 |
| of the Revised Code shall pay a fee based on each point source to | 36383 |
| which the issuance is applicable in accordance with the following | 36384 |
| schedule: | 36385 |
| Design flow discharge (gallons per day) | Fee | 36386 | ||||
| 0 to 1000 | $ 0 | 36387 | ||||
| 1,001 to 5000 | 100 | 36388 | ||||
| 5,001 to 50,000 | 200 | 36389 | ||||
| 50,001 to 100,000 | 300 | 36390 | ||||
| 100,001 to 300,000 | 525 | 36391 | ||||
| over 300,000 | 750 | 36392 |
| (b) Notwithstanding the fee schedule specified in division | 36393 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 36394 |
| that is applicable to coal mining operations regulated under | 36395 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 36396 |
| dollars per mine. | 36397 |
| (c) Notwithstanding the fee schedule specified in division | 36398 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 36399 |
| for a public discharger identified by I in the third character of | 36400 |
| the permittee's NPDES permit number shall not exceed seven hundred | 36401 |
| fifty dollars. | 36402 |
| (2) A person applying for a plan approval for a wastewater | 36403 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 36404 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 36405 |
| sixty-five one-hundredths of one per cent of the estimated project | 36406 |
|
cost through June 30,
| 36407 |
| two-tenths of one per cent of the estimated project cost on and | 36408 |
|
after July 1,
| 36409 |
|
exceed
fifteen thousand dollars through June 30,
| 36410 |
|
five
thousand
dollars on and after July 1,
| 36411 |
| shall be paid at the time the application is submitted. | 36412 |
| (3) A person issued a modification of a water discharge | 36413 |
| permit shall pay a fee equal to one-half the fee that otherwise | 36414 |
| would be charged for a water discharge permit, except that the fee | 36415 |
| for the modification shall not exceed four hundred dollars. | 36416 |
| (4) A person who has entered into an agreement with the | 36417 |
| director under section 6111.14 of the Revised Code shall pay an | 36418 |
| administrative service fee for each plan submitted under that | 36419 |
| section for approval that shall not exceed the minimum amount | 36420 |
| necessary to pay administrative costs directly attributable to | 36421 |
| processing plan approvals. The director annually shall calculate | 36422 |
| the fee and shall notify all persons who have entered into | 36423 |
| agreements under that section, or who have applied for agreements, | 36424 |
| of the amount of the fee. | 36425 |
| (5)(a)(i) Not later than January 30,
| 36426 |
|
30,
| 36427 |
| pursuant to Chapter 6111. of the Revised Code with an average | 36428 |
| daily discharge flow of five thousand gallons or more shall pay a | 36429 |
| nonrefundable annual discharge fee. Any person who fails to pay | 36430 |
| the fee at that time shall pay an additional amount that equals | 36431 |
| ten per cent of the required annual discharge fee. | 36432 |
| (ii) The billing year for the annual discharge fee | 36433 |
| established in division (L)(5)(a)(i) of this section shall consist | 36434 |
| of a twelve-month period beginning on the first day of January of | 36435 |
| the year preceding the date when the annual discharge fee is due. | 36436 |
| In the case of an existing source that permanently ceases to | 36437 |
| discharge during a billing year, the director shall reduce the | 36438 |
| annual discharge fee, including the surcharge applicable to | 36439 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 36440 |
| this section, by one-twelfth for each full month during the | 36441 |
| billing year that the source was not discharging, but only if the | 36442 |
| person holding the NPDES discharge permit for the source notifies | 36443 |
| the director in writing, not later than the first day of October | 36444 |
| of the billing year, of the circumstances causing the cessation of | 36445 |
| discharge. | 36446 |
| (iii) The annual discharge fee established in division | 36447 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 36448 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 36449 |
| this section, shall be based upon the average daily discharge flow | 36450 |
| in gallons per day calculated using first day of May through | 36451 |
| thirty-first day of October flow data for the period two years | 36452 |
| prior to the date on which the fee is due. In the case of NPDES | 36453 |
| discharge permits for new sources, the fee shall be calculated | 36454 |
| using the average daily design flow of the facility until actual | 36455 |
| average daily discharge flow values are available for the time | 36456 |
| period specified in division (L)(5)(a)(iii) of this section. The | 36457 |
| annual discharge fee may be prorated for a new source as described | 36458 |
| in division (L)(5)(a)(ii) of this section. | 36459 |
| (b) An NPDES permit holder that is a public discharger shall | 36460 |
| pay the fee specified in the following schedule: | 36461 |
| Average daily | Fee due by | 36462 | ||||
| discharge flow | January 30, | 36463 | ||||
| |
36464 | |||||
| January 30, |
36465 |
| 5,000 to 49,999 | $ 200 | 36466 | ||||
| 50,000 to 100,000 | 500 | 36467 | ||||
| 100,001 to 250,000 | 1,050 | 36468 | ||||
| 250,001 to 1,000,000 | 2,600 | 36469 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 36470 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 36471 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 36472 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 36473 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 36474 | ||||
| 100,000,001 or more | 62,100 | 36475 |
| Public dischargers owning or operating two or more publicly | 36476 |
| owned treatment works serving the same political subdivision, as | 36477 |
| "treatment works" is defined in section 6111.01 of the Revised | 36478 |
| Code, and that serve exclusively political subdivisions having a | 36479 |
| population of fewer than one hundred thousand shall pay an annual | 36480 |
| discharge fee under division (L)(5)(b) of this section that is | 36481 |
| based on the combined average daily discharge flow of the | 36482 |
| treatment works. | 36483 |
| (c) An NPDES permit holder that is an industrial discharger, | 36484 |
| other than a coal mining operator identified by P in the third | 36485 |
| character of the permittee's NPDES permit number, shall pay the | 36486 |
| fee specified in the following schedule: | 36487 |
| Average daily | Fee due by | 36488 | ||||
| discharge flow | January 30, | 36489 | ||||
| |
36490 | |||||
| January 30, |
36491 |
| 5,000 to 49,999 | $ 250 | 36492 | ||||
| 50,000 to 250,000 | 1,200 | 36493 | ||||
| 250,001 to 1,000,000 | 2,950 | 36494 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 36495 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 36496 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 36497 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 36498 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 36499 | ||||
| 250,000,001 or more | 18,700 | 36500 |
| In addition to the fee specified in the above schedule, an | 36501 |
| NPDES permit holder that is an industrial discharger classified as | 36502 |
| a major discharger during all or part of the annual discharge fee | 36503 |
| billing year specified in division (L)(5)(a)(ii) of this section | 36504 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 36505 |
|
hundred
dollars not later than
January 30,
| 36506 |
| later
than
January 30, | 36507 |
| surcharge at that time shall pay an additional amount that equals | 36508 |
| ten per cent of the amount of the surcharge. | 36509 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 36510 |
| section, a public discharger identified by I in the third | 36511 |
| character of the permittee's NPDES permit number and an industrial | 36512 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 36513 |
| character of the permittee's NPDES permit number shall pay a | 36514 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 36515 |
|
not later than
January 30,
| 36516 |
|
30,
| 36517 |
| shall pay an additional amount that equals ten per cent of the | 36518 |
| required fee. | 36519 |
| (6) Each person obtaining a national pollutant discharge | 36520 |
| elimination system general or individual permit for municipal | 36521 |
| storm water discharge shall pay a nonrefundable storm water | 36522 |
| discharge fee of one hundred dollars per square mile of area | 36523 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 36524 |
| be payable on or before January 30, 2004, and the thirtieth day of | 36525 |
| January of each year thereafter. Any person who fails to pay the | 36526 |
| fee on the date specified in division (L)(6) of this section shall | 36527 |
| pay an additional amount per year equal to ten per cent of the | 36528 |
| annual fee that is unpaid. | 36529 |
| (7) The director shall transmit all moneys collected under | 36530 |
| division (L) of this section to the treasurer of state for deposit | 36531 |
| into the state treasury to the credit of the surface water | 36532 |
| protection fund created in section 6111.038 of the Revised Code. | 36533 |
| (8) As used in division (L) of this section: | 36534 |
| (a) "NPDES" means the federally approved national pollutant | 36535 |
| discharge elimination system program for issuing, modifying, | 36536 |
| revoking, reissuing, terminating, monitoring, and enforcing | 36537 |
| permits and imposing and enforcing pretreatment requirements under | 36538 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 36539 |
| (b) "Public discharger" means any holder of an NPDES permit | 36540 |
| identified by P in the second character of the NPDES permit number | 36541 |
| assigned by the director. | 36542 |
| (c) "Industrial discharger" means any holder of an NPDES | 36543 |
| permit identified by I in the second character of the NPDES permit | 36544 |
| number assigned by the director. | 36545 |
| (d) "Major discharger" means any holder of an NPDES permit | 36546 |
| classified as major by the regional administrator of the United | 36547 |
| States environmental protection agency in conjunction with the | 36548 |
| director. | 36549 |
| (M) Through June 30,
| 36550 |
| license or license renewal to operate a public water system under | 36551 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 36552 |
| established under this division at the time of application to the | 36553 |
| director. Any person who fails to pay the fee at that time shall | 36554 |
| pay an additional amount that equals ten per cent of the required | 36555 |
| fee. The director shall transmit all moneys collected under this | 36556 |
| division to the treasurer of state for deposit into the drinking | 36557 |
| water protection fund created in section 6109.30 of the Revised | 36558 |
| Code. | 36559 |
| Except as provided in division (M)(4) of this section, fees | 36560 |
| required under this division shall be calculated and paid in | 36561 |
| accordance with the following schedule: | 36562 |
| (1) For the initial license required under division (A)(1) of | 36563 |
| section 6109.21 of the Revised Code for any public water system | 36564 |
| that is a community water system as defined in section 6109.01 of | 36565 |
| the Revised Code, and for each license renewal required for such a | 36566 |
|
system prior to January 31,
| 36567 |
| Number of service connections | Fee amount | 36568 | |||
| Not more than 49 | $ 112 | 36569 | |||
| 50 to 99 | 176 | 36570 |
| Number of service connections | Average cost per connection | 36571 | ||||
| 100 to 2,499 | $ 1.92 | 36572 | ||||
| 2,500 to 4,999 | 1.48 | 36573 | ||||
| 5,000 to 7,499 | 1.42 | 36574 | ||||
| 7,500 to 9,999 | 1.34 | 36575 | ||||
| 10,000 to 14,999 | 1.16 | 36576 | ||||
| 15,000 to 24,999 | 1.10 | 36577 | ||||
| 25,000 to 49,999 | 1.04 | 36578 | ||||
| 50,000 to 99,999 | .92 | 36579 | ||||
| 100,000 to 149,999 | .86 | 36580 | ||||
| 150,000 to 199,999 | .80 | 36581 | ||||
| 200,000 or more | .76 | 36582 |
| A public water system may determine how it will pay the total | 36583 |
| amount of the fee calculated under division (M)(1) of this | 36584 |
| section, including the assessment of additional user fees that may | 36585 |
| be assessed on a volumetric basis. | 36586 |
| As used in division (M)(1) of this section, "service | 36587 |
| connection" means the number of active or inactive pipes, | 36588 |
| goosenecks, pigtails, and any other fittings connecting a water | 36589 |
| main to any building outlet. | 36590 |
| (2) For the initial license required under division (A)(2) of | 36591 |
| section 6109.21 of the Revised Code for any public water system | 36592 |
| that is not a community water system and serves a nontransient | 36593 |
| population, and for each license renewal required for such a | 36594 |
|
system prior to January 31,
| 36595 |
| Population served | Fee amount | 36596 | ||||
| Fewer than 150 | $ 112 | 36597 | ||||
| 150 to 299 | 176 | 36598 | ||||
| 300 to 749 | 384 | 36599 | ||||
| 750 to 1,499 | 628 | 36600 | ||||
| 1,500 to 2,999 | 1,268 | 36601 | ||||
| 3,000 to 7,499 | 2,816 | 36602 | ||||
| 7,500 to 14,999 | 5,510 | 36603 | ||||
| 15,000 to 22,499 | 9,048 | 36604 | ||||
| 22,500 to 29,999 | 12,430 | 36605 | ||||
| 30,000 or more | 16,820 | 36606 |
| As used in division (M)(2) of this section, "population | 36607 |
| served" means the total number of individuals receiving water from | 36608 |
| the water supply during a twenty-four-hour period for at least | 36609 |
| sixty days during any calendar year. In the absence of a specific | 36610 |
| population count, that number shall be calculated at the rate of | 36611 |
| three individuals per service connection. | 36612 |
| (3) For the initial license required under division (A)(3) of | 36613 |
| section 6109.21 of the Revised Code for any public water system | 36614 |
| that is not a community water system and serves a transient | 36615 |
| population, and for each license renewal required for such a | 36616 |
|
system prior to January 31,
| 36617 |
| Number of wells supplying system | Fee amount | 36618 | ||||
| 1 | $112 | 36619 | ||||
| 2 | 112 | 36620 | ||||
| 3 | 176 | 36621 | ||||
| 4 | 278 | 36622 | ||||
| 5 | 568 | 36623 | ||||
| System designated as using a | 36624 | |||||
| surface water source | 792 | 36625 |
| As used in division (M)(3) of this section, "number of wells | 36626 |
| supplying system" means those wells that are physically connected | 36627 |
| to the plumbing system serving the public water system. | 36628 |
| (4) A public water system designated as using a surface water | 36629 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 36630 |
| amount calculated under division (M)(1) or (2) of this section, | 36631 |
| whichever is greater. | 36632 |
| (N)(1) A person applying for a plan approval for a public | 36633 |
| water supply system under section 6109.07 of the Revised Code | 36634 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 36635 |
| hundredths of one per cent of the estimated project cost, except | 36636 |
| that the total fee shall not exceed twenty thousand dollars | 36637 |
| through June 30,
| 36638 |
| after July 1,
| 36639 |
| application is submitted. | 36640 |
| (2) A person who has entered into an agreement with the | 36641 |
| director under division (A)(2) of section 6109.07 of the Revised | 36642 |
| Code shall pay an administrative service fee for each plan | 36643 |
| submitted under that section for approval that shall not exceed | 36644 |
| the minimum amount necessary to pay administrative costs directly | 36645 |
| attributable to processing plan approvals. The director annually | 36646 |
| shall calculate the fee and shall notify all persons that have | 36647 |
| entered into agreements under that division, or who have applied | 36648 |
| for agreements, of the amount of the fee. | 36649 |
| (3) Through June 30,
| 36650 |
| survey basis, shall be charged any person for services rendered by | 36651 |
| the state in the evaluation of laboratories and laboratory | 36652 |
| personnel for compliance with accepted analytical techniques and | 36653 |
| procedures established pursuant to Chapter 6109. of the Revised | 36654 |
| Code for determining the qualitative characteristics of water: | 36655 |
| microbiological | 36656 | ||||||
| MMO-MUG | $2,000 | 36657 | |||||
| MF | 2,100 | 36658 | |||||
| MMO-MUG and MF | 2,550 | 36659 | |||||
| organic chemical | 5,400 | 36660 | |||||
| trace metals | 5,400 | 36661 | |||||
| standard chemistry | 2,800 | 36662 | |||||
| limited chemistry | 1,550 | 36663 | |||||
| On and after July 1,
| 36664 |
| survey basis, shall be charged any such person: | 36665 |
| microbiological | $ 1,650 | 36666 | ||||
| organic chemicals | 3,500 | 36667 | ||||
| trace metals | 3,500 | 36668 | ||||
| standard chemistry | 1,800 | 36669 | ||||
| limited chemistry | 1,000 | 36670 |
| The fee for those services shall be paid at the time the request | 36671 |
|
for the survey is made. Through June 30,
| 36672 |
| laboratory shall not be assessed a fee under this division more | 36673 |
| than once in any three-year period unless the person requests the | 36674 |
| addition of analytical methods or analysts, in which case the | 36675 |
| person shall pay eighteen hundred dollars for each additional | 36676 |
| survey requested. | 36677 |
| As used in division (N)(3) of this section: | 36678 |
| (a) "MF" means microfiltration. | 36679 |
| (b) "MMO" means minimal medium ONPG. | 36680 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 36681 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 36682 |
| The director shall transmit all moneys collected under this | 36683 |
| division to the treasurer of state for deposit into the drinking | 36684 |
| water protection fund created in section 6109.30 of the Revised | 36685 |
| Code. | 36686 |
| (O) Any | 36687 |
| 36688 | |
| 36689 | |
| 36690 | |
| 36691 | |
| 36692 | |
| 36693 | |
| 36694 |
| 36695 | ||||||
| 36696 | ||||||
| 36697 | ||||||
| 36698 |
| | 36699 |
| director for examination for certification as an operator of a | 36700 |
| water supply system or wastewater system under Chapter 6109. or | 36701 |
| 6111. of the Revised Code, at the time the application is | 36702 |
| submitted, shall pay an application fee of forty-five dollars | 36703 |
| through November 30, | 36704 |
| after December 1, | 36705 |
| the applicant is eligible to take the examination therefor, the | 36706 |
| applicant shall pay a fee in accordance with the following | 36707 |
| schedule through November 30, | 36708 |
| Class A operator | $35 | 36709 | ||||
| Class I operator | 60 | 36710 | ||||
| Class II operator | 75 | 36711 | ||||
| Class III operator | 85 | 36712 | ||||
| Class IV operator | 100 | 36713 |
| On and after December 1,
| 36714 |
| fee in accordance with the following schedule: | 36715 |
| Class A operator | $25 | 36716 | ||||
| Class I operator | $45 | 36717 | ||||
| Class II operator | 55 | 36718 | ||||
| Class III operator | 65 | 36719 | ||||
| Class IV operator | 75 | 36720 |
| A person shall pay a biennial certification renewal fee for | 36721 |
| each applicable class of certification in accordance with the | 36722 |
| following schedule: | 36723 |
| Class A operator | $25 | 36724 | ||||
| Class I operator | 35 | 36725 | ||||
| Class II operator | 45 | 36726 | ||||
| Class III operator | 55 | 36727 | ||||
| Class IV operator | 65 | 36728 |
| If a certification renewal fee is received by the director | 36729 |
| more than thirty days, but not more than one year after the | 36730 |
| expiration date of the certification, the person shall pay a | 36731 |
| certification renewal fee in accordance with the following | 36732 |
| schedule: | 36733 |
| Class A operator | $45 | 36734 | ||||
| Class I operator | 55 | 36735 | ||||
| Class II operator | 65 | 36736 | ||||
| Class III operator | 75 | 36737 | ||||
| Class IV operator | 85 | 36738 |
| A person who requests a replacement certificate shall pay a | 36739 |
| fee of twenty-five dollars at the time the request is made. | 36740 |
| The director shall transmit all moneys collected under this | 36741 |
| division to the treasurer of state for deposit into the drinking | 36742 |
| water protection fund created in section 6109.30 of the Revised | 36743 |
| Code. | 36744 |
| (P) Any person submitting an application for an industrial | 36745 |
| water pollution control certificate under section 6111.31 of the | 36746 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 36747 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 36748 |
| five hundred dollars at the time the application is submitted. The | 36749 |
| director shall transmit all moneys collected under this division | 36750 |
| to the treasurer of state for deposit into the surface water | 36751 |
| protection fund created in section 6111.038 of the Revised Code. A | 36752 |
| person paying a certificate fee under this division shall not pay | 36753 |
| an application fee under division (S)(1) of this section. On and | 36754 |
| after | 36755 |
| shall file such applications and pay the fee as required under | 36756 |
| sections 5709.20 to 5709.27 of the Revised Code, and proceeds from | 36757 |
| the fee shall be credited as provided in section 5709.212 of the | 36758 |
| Revised Code. | 36759 |
| (Q) Except as otherwise provided in division (R) of this | 36760 |
| section, a person issued a permit by the director for a new solid | 36761 |
| waste disposal facility other than an incineration or composting | 36762 |
| facility, a new infectious waste treatment facility other than an | 36763 |
| incineration facility, or a modification of such an existing | 36764 |
| facility that includes an increase in the total disposal or | 36765 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 36766 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 36767 |
| yards of disposal or treatment capacity, or one thousand dollars, | 36768 |
| whichever is greater, except that the total fee for any such | 36769 |
| permit shall not exceed eighty thousand dollars. A person issued a | 36770 |
| modification of a permit for a solid waste disposal facility or an | 36771 |
| infectious waste treatment facility that does not involve an | 36772 |
| increase in the total disposal or treatment capacity of the | 36773 |
| facility shall pay a fee of one thousand dollars. A person issued | 36774 |
| a permit to install a new, or modify an existing, solid waste | 36775 |
| transfer facility under that chapter shall pay a fee of two | 36776 |
| thousand five hundred dollars. A person issued a permit to install | 36777 |
| a new or to modify an existing solid waste incineration or | 36778 |
| composting facility, or an existing infectious waste treatment | 36779 |
| facility using incineration as its principal method of treatment, | 36780 |
| under that chapter shall pay a fee of one thousand dollars. The | 36781 |
| increases in the permit fees under this division resulting from | 36782 |
| the amendments made by Amended Substitute House Bill 592 of the | 36783 |
| 117th general assembly do not apply to any person who submitted an | 36784 |
| application for a permit to install a new, or modify an existing, | 36785 |
| solid waste disposal facility under that chapter prior to | 36786 |
| September 1, 1987; any such person shall pay the permit fee | 36787 |
| established in this division as it existed prior to June 24, 1988. | 36788 |
| In addition to the applicable permit fee under this division, a | 36789 |
| person issued a permit to install or modify a solid waste facility | 36790 |
| or an infectious waste treatment facility under that chapter who | 36791 |
| fails to pay the permit fee to the director in compliance with | 36792 |
| division (V) of this section shall pay an additional ten per cent | 36793 |
| of the amount of the fee for each week that the permit fee is | 36794 |
| late. | 36795 |
| Permit and late payment fees paid to the director under this | 36796 |
| division shall be credited to the general revenue fund. | 36797 |
| (R)(1) A person issued a registration certificate for a scrap | 36798 |
| tire collection facility under section 3734.75 of the Revised Code | 36799 |
| shall pay a fee of two hundred dollars, except that if the | 36800 |
| facility is owned or operated by a motor vehicle salvage dealer | 36801 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 36802 |
| pay a fee of twenty-five dollars. | 36803 |
| (2) A person issued a registration certificate for a new | 36804 |
| scrap tire storage facility under section 3734.76 of the Revised | 36805 |
| Code shall pay a fee of three hundred dollars, except that if the | 36806 |
| facility is owned or operated by a motor vehicle salvage dealer | 36807 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 36808 |
| pay a fee of twenty-five dollars. | 36809 |
| (3) A person issued a permit for a scrap tire storage | 36810 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 36811 |
| of one thousand dollars, except that if the facility is owned or | 36812 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 36813 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 36814 |
| dollars. | 36815 |
| (4) A person issued a permit for a scrap tire monocell or | 36816 |
| monofill facility under section 3734.77 of the Revised Code shall | 36817 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 36818 |
| capacity or one thousand dollars, whichever is greater, except | 36819 |
| that the total fee for any such permit shall not exceed eighty | 36820 |
| thousand dollars. | 36821 |
| (5) A person issued a registration certificate for a scrap | 36822 |
| tire recovery facility under section 3734.78 of the Revised Code | 36823 |
| shall pay a fee of one hundred dollars. | 36824 |
| (6) A person issued a permit for a scrap tire recovery | 36825 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 36826 |
| of one thousand dollars. | 36827 |
| (7) In addition to the applicable registration certificate or | 36828 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 36829 |
| issued a registration certificate or permit for any such scrap | 36830 |
| tire facility who fails to pay the registration certificate or | 36831 |
| permit fee to the director in compliance with division (V) of this | 36832 |
| section shall pay an additional ten per cent of the amount of the | 36833 |
| fee for each week that the fee is late. | 36834 |
| (8) The registration certificate, permit, and late payment | 36835 |
| fees paid to the director under divisions (R)(1) to (7) of this | 36836 |
| section shall be credited to the scrap tire management fund | 36837 |
| created in section 3734.82 of the Revised Code. | 36838 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 36839 |
| (P), and (S)(2) of this section, division (A)(2) of section | 36840 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 36841 |
| and rules adopted under division (T)(1) of this section, any | 36842 |
| person applying for a registration certificate under section | 36843 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 36844 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 36845 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 36846 |
| application is submitted. | 36847 |
| Except as otherwise provided, any person applying for a | 36848 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 36849 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 36850 |
| dollars at the time the application is submitted through June 30, | 36851 |
| 36852 | |
|
the
application is submitted on and after July 1,
| 36853 |
|
Through June
30,
| 36854 |
| pollutant discharge elimination system permit under Chapter 6111. | 36855 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 36856 |
| dollars at the time of application for the permit. On and after | 36857 |
|
July 1,
| 36858 |
| fifteen dollars at the time of application. | 36859 |
| In addition to the application fee established under division | 36860 |
| (S)(1) of this section, any person applying for a national | 36861 |
| pollutant discharge elimination system general storm water | 36862 |
| construction permit shall pay a nonrefundable fee of twenty | 36863 |
| dollars per acre for each acre that is permitted above five acres | 36864 |
| at the time the application is submitted. However, the per acreage | 36865 |
| fee shall not exceed three hundred dollars. In addition, any | 36866 |
| person applying for a national pollutant discharge elimination | 36867 |
| system general storm water industrial permit shall pay a | 36868 |
| nonrefundable fee of one hundred fifty dollars at the time the | 36869 |
| application is submitted. | 36870 |
| The director shall transmit all moneys collected under | 36871 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 36872 |
| Revised Code to the treasurer of state for deposit into the | 36873 |
| drinking water protection fund created in section 6109.30 of the | 36874 |
| Revised Code. | 36875 |
| The director shall transmit all moneys collected under | 36876 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 36877 |
| Revised Code to the treasurer of state for deposit into the | 36878 |
| surface water protection fund created in section 6111.038 of the | 36879 |
| Revised Code. | 36880 |
| If a registration certificate is issued under section | 36881 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 36882 |
| the application fee paid shall be deducted from the amount of the | 36883 |
| registration certificate fee due under division (R)(1), (2), or | 36884 |
| (5) of this section, as applicable. | 36885 |
| If a person submits an electronic application for a | 36886 |
| registration certificate, permit, variance, or plan approval for | 36887 |
| which an application fee is established under division (S)(1) of | 36888 |
| this section, the person shall pay the applicable application fee | 36889 |
| as expeditiously as possible after the submission of the | 36890 |
| electronic application. An application for a registration | 36891 |
| certificate, permit, variance, or plan approval for which an | 36892 |
| application fee is established under division (S)(1) of this | 36893 |
| section shall not be reviewed or processed until the applicable | 36894 |
| application fee, and any other fees established under this | 36895 |
| division, are paid. | 36896 |
| (2) Division (S)(1) of this section does not apply to an | 36897 |
| application for a registration certificate for a scrap tire | 36898 |
| collection or storage facility submitted under section 3734.75 or | 36899 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 36900 |
| operator of the facility or proposed facility is a motor vehicle | 36901 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 36902 |
| (T) The director may adopt, amend, and rescind rules in | 36903 |
| accordance with Chapter 119. of the Revised Code that do all of | 36904 |
| the following: | 36905 |
| (1) Prescribe fees to be paid by applicants for and holders | 36906 |
| of any license, permit, variance, plan approval, or certification | 36907 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 36908 |
| the Revised Code that are not specifically established in this | 36909 |
| section. The fees shall be designed to defray the cost of | 36910 |
| processing, issuing, revoking, modifying, denying, and enforcing | 36911 |
| the licenses, permits, variances, plan approvals, and | 36912 |
| certifications. | 36913 |
| The director shall transmit all moneys collected under rules | 36914 |
| adopted under division (T)(1) of this section pursuant to Chapter | 36915 |
| 6109. of the Revised Code to the treasurer of state for deposit | 36916 |
| into the drinking water protection fund created in section 6109.30 | 36917 |
| of the Revised Code. | 36918 |
| The director shall transmit all moneys collected under rules | 36919 |
| adopted under division (T)(1) of this section pursuant to Chapter | 36920 |
| 6111. of the Revised Code to the treasurer of state for deposit | 36921 |
| into the surface water protection fund created in section 6111.038 | 36922 |
| of the Revised Code. | 36923 |
| (2) Exempt the state and political subdivisions thereof, | 36924 |
| including education facilities or medical facilities owned by the | 36925 |
| state or a political subdivision, or any person exempted from | 36926 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 36927 |
| any fee required by this section; | 36928 |
| (3) Provide for the waiver of any fee, or any part thereof, | 36929 |
| otherwise required by this section whenever the director | 36930 |
| determines that the imposition of the fee would constitute an | 36931 |
| unreasonable cost of doing business for any applicant, class of | 36932 |
| applicants, or other person subject to the fee; | 36933 |
| (4) Prescribe measures that the director considers necessary | 36934 |
| to carry out this section. | 36935 |
| (U) When the director reasonably demonstrates that the direct | 36936 |
| cost to the state associated with the issuance of a permit to | 36937 |
| install, license, variance, plan approval, or certification | 36938 |
| exceeds the fee for the issuance or review specified by this | 36939 |
| section, the director may condition the issuance or review on the | 36940 |
| payment by the person receiving the issuance or review of, in | 36941 |
| addition to the fee specified by this section, the amount, or any | 36942 |
| portion thereof, in excess of the fee specified under this | 36943 |
| section. The director shall not so condition issuances for which | 36944 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 36945 |
| section. | 36946 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 36947 |
| section or unless otherwise prescribed by a rule of the director | 36948 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 36949 |
| required by this section are payable within thirty days after the | 36950 |
| issuance of an invoice for the fee by the director or the | 36951 |
| effective date of the issuance of the license, permit, variance, | 36952 |
| plan approval, or certification. If payment is late, the person | 36953 |
| responsible for payment of the fee shall pay an additional ten per | 36954 |
| cent of the amount due for each month that it is late. | 36955 |
| (W) As used in this section, "fuel-burning equipment," | 36956 |
| "fuel-burning equipment input capacity," "incinerator," | 36957 |
| "incinerator input capacity," "process," "process weight rate," | 36958 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 36959 |
| facility," "design flow discharge," and "new source treatment | 36960 |
| works" have the meanings ascribed to those terms by applicable | 36961 |
| rules or standards adopted by the director under Chapter 3704. or | 36962 |
| 6111. of the Revised Code. | 36963 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 36964 |
| and (J) of this section, and in any other provision of this | 36965 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 36966 |
| Revised Code: | 36967 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 36968 |
| V permit" have the same meanings as in section 3704.01 of the | 36969 |
| Revised Code. | 36970 |
| (2) "Title V permit program" means the following activities | 36971 |
| as necessary to meet the requirements of Title V of the federal | 36972 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 36973 |
| (a) Preparing and adopting, if applicable, generally | 36974 |
| applicable rules or guidance regarding the permit program or its | 36975 |
| implementation or enforcement; | 36976 |
| (b) Reviewing and acting on any application for a Title V | 36977 |
| permit, permit revision, or permit renewal, including the | 36978 |
| development of an applicable requirement as part of the processing | 36979 |
| of a permit, permit revision, or permit renewal; | 36980 |
| (c) Administering the permit program, including the | 36981 |
| supporting and tracking of permit applications, compliance | 36982 |
| certification, and related data entry; | 36983 |
| (d) Determining which sources are subject to the program and | 36984 |
| implementing and enforcing the terms of any Title V permit, not | 36985 |
| including any court actions or other formal enforcement actions; | 36986 |
| (e) Emission and ambient monitoring; | 36987 |
| (f) Modeling, analyses, or demonstrations; | 36988 |
| (g) Preparing inventories and tracking emissions; | 36989 |
| (h) Providing direct and indirect support to small business | 36990 |
| stationary sources to determine and meet their obligations under | 36991 |
| the federal Clean Air Act pursuant to the small business | 36992 |
| stationary source technical and environmental compliance | 36993 |
| assistance program required by section 507 of that act and | 36994 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 36995 |
| Revised Code. | 36996 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 36997 |
| of this section, each sewage sludge facility shall pay a | 36998 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 36999 |
| cents per dry ton of sewage sludge, including the dry tons of | 37000 |
| sewage sludge in materials derived from sewage sludge, that the | 37001 |
| sewage sludge facility treats or disposes of in this state. The | 37002 |
| annual volume of sewage sludge treated or disposed of by a sewage | 37003 |
| sludge facility shall be calculated using the first day of January | 37004 |
| through the thirty-first day of December of the calendar year | 37005 |
| preceding the date on which payment of the fee is due. | 37006 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 37007 |
| section, each sewage sludge facility shall pay a minimum annual | 37008 |
| sewage sludge fee of one hundred dollars. | 37009 |
| (b) The annual sludge fee required to be paid by a sewage | 37010 |
| sludge facility that treats or disposes of exceptional quality | 37011 |
| sludge in this state shall be thirty-five per cent less per dry | 37012 |
| ton of exceptional quality sludge than the fee assessed under | 37013 |
| division (Y)(1) of this section, subject to the following | 37014 |
| exceptions: | 37015 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 37016 |
| a sewage sludge facility that treats or disposes of exceptional | 37017 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 37018 |
| hundred dollars. | 37019 |
| (ii) A sewage sludge facility that treats or disposes of | 37020 |
| exceptional quality sludge shall not be required to pay the annual | 37021 |
| sludge fee for treatment or disposal in this state of exceptional | 37022 |
| quality sludge generated outside of this state and contained in | 37023 |
| bags or other containers not greater than one hundred pounds in | 37024 |
| capacity. | 37025 |
| A thirty-five per cent reduction for exceptional quality | 37026 |
| sludge applies to the maximum annual fees established under | 37027 |
| division (Y)(3) of this section. | 37028 |
| (c) A sewage sludge facility that transfers sewage sludge to | 37029 |
| another sewage sludge facility in this state for further treatment | 37030 |
| prior to disposal in this state shall not be required to pay the | 37031 |
| annual sludge fee for the tons of sewage sludge that have been | 37032 |
| transferred. In such a case, the sewage sludge facility that | 37033 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 37034 |
| However, the facility transferring the sewage sludge shall pay the | 37035 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 37036 |
| of this section. | 37037 |
| In the case of a sewage sludge facility that treats sewage | 37038 |
| sludge in this state and transfers it out of this state to another | 37039 |
| entity for disposal, the sewage sludge facility in this state | 37040 |
| shall be required to pay the annual sludge fee for the tons of | 37041 |
| sewage sludge that have been transferred. | 37042 |
| (d) A sewage sludge facility that generates sewage sludge | 37043 |
| resulting from an average daily discharge flow of less than five | 37044 |
| thousand gallons per day is not subject to the fees assessed under | 37045 |
| division (Y) of this section. | 37046 |
| (3) No sewage sludge facility required to pay the annual | 37047 |
| sludge fee shall be required to pay more than the maximum annual | 37048 |
| fee for each disposal method that the sewage sludge facility uses. | 37049 |
| The maximum annual fee does not include the additional amount that | 37050 |
| may be charged under division (Y)(5) of this section for late | 37051 |
| payment of the annual sludge fee. The maximum annual fee for the | 37052 |
| following methods of disposal of sewage sludge is as follows: | 37053 |
| (a) Incineration: five thousand dollars; | 37054 |
| (b) Preexisting land reclamation project or disposal in a | 37055 |
| landfill: five thousand dollars; | 37056 |
| (c) Land application, land reclamation, surface disposal, or | 37057 |
| any other disposal method not specified in division (Y)(3)(a) or | 37058 |
| (b) of this section: twenty thousand dollars. | 37059 |
| (4)(a) In the case of an entity that generates sewage sludge | 37060 |
| or a sewage sludge facility that treats sewage sludge and | 37061 |
| transfers the sewage sludge to an incineration facility for | 37062 |
| disposal, the incineration facility, and not the entity generating | 37063 |
| the sewage sludge or the sewage sludge facility treating the | 37064 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 37065 |
| sewage sludge that are transferred. However, the entity or | 37066 |
| facility generating or treating the sewage sludge shall pay the | 37067 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 37068 |
| of this section. | 37069 |
| (b) In the case of an entity that generates sewage sludge and | 37070 |
| transfers the sewage sludge to a landfill for disposal or to a | 37071 |
| sewage sludge facility for land reclamation or surface disposal, | 37072 |
| the entity generating the sewage sludge, and not the landfill or | 37073 |
| sewage sludge facility, shall pay the annual sludge fee for the | 37074 |
| tons of sewage sludge that are transferred. | 37075 |
| (5) Not later than the first day of April of the calendar | 37076 |
| year following March 17, 2000, and each first day of April | 37077 |
| thereafter, the director shall issue invoices to persons who are | 37078 |
| required to pay the annual sludge fee. The invoice shall identify | 37079 |
| the nature and amount of the annual sludge fee assessed and state | 37080 |
| the first day of May as the deadline for receipt by the director | 37081 |
| of objections regarding the amount of the fee and the first day of | 37082 |
| July as the deadline for payment of the fee. | 37083 |
| Not later than the first day of May following receipt of an | 37084 |
| invoice, a person required to pay the annual sludge fee may submit | 37085 |
| objections to the director concerning the accuracy of information | 37086 |
| regarding the number of dry tons of sewage sludge used to | 37087 |
| calculate the amount of the annual sludge fee or regarding whether | 37088 |
| the sewage sludge qualifies for the exceptional quality sludge | 37089 |
| discount established in division (Y)(2)(b) of this section. The | 37090 |
| director may consider the objections and adjust the amount of the | 37091 |
| fee to ensure that it is accurate. | 37092 |
| If the director does not adjust the amount of the annual | 37093 |
| sludge fee in response to a person's objections, the person may | 37094 |
| appeal the director's determination in accordance with Chapter | 37095 |
| 119. of the Revised Code. | 37096 |
| Not later than the first day of June, the director shall | 37097 |
| notify the objecting person regarding whether the director has | 37098 |
| found the objections to be valid and the reasons for the finding. | 37099 |
| If the director finds the objections to be valid and adjusts the | 37100 |
| amount of the annual sludge fee accordingly, the director shall | 37101 |
| issue with the notification a new invoice to the person | 37102 |
| identifying the amount of the annual sludge fee assessed and | 37103 |
| stating the first day of July as the deadline for payment. | 37104 |
| Not later than the first day of July, any person who is | 37105 |
| required to do so shall pay the annual sludge fee. Any person who | 37106 |
| is required to pay the fee, but who fails to do so on or before | 37107 |
| that date shall pay an additional amount that equals ten per cent | 37108 |
| of the required annual sludge fee. | 37109 |
| (6) The director shall transmit all moneys collected under | 37110 |
| division (Y) of this section to the treasurer of state for deposit | 37111 |
| into the surface water protection fund created in section 6111.038 | 37112 |
| of the Revised Code. The moneys shall be used to defray the costs | 37113 |
| of administering and enforcing provisions in Chapter 6111. of the | 37114 |
| Revised Code and rules adopted under it that govern the use, | 37115 |
| storage, treatment, or disposal of sewage sludge. | 37116 |
| (7) Beginning in fiscal year 2001, and every two years | 37117 |
| thereafter, the director shall review the total amount of moneys | 37118 |
| generated by the annual sludge fees to determine if that amount | 37119 |
| exceeded six hundred thousand dollars in either of the two | 37120 |
| preceding fiscal years. If the total amount of moneys in the fund | 37121 |
| exceeded six hundred thousand dollars in either fiscal year, the | 37122 |
| director, after review of the fee structure and consultation with | 37123 |
| affected persons, shall issue an order reducing the amount of the | 37124 |
| fees levied under division (Y) of this section so that the | 37125 |
| estimated amount of moneys resulting from the fees will not exceed | 37126 |
| six hundred thousand dollars in any fiscal year. | 37127 |
| If, upon review of the fees under division (Y)(7) of this | 37128 |
| section and after the fees have been reduced, the director | 37129 |
| determines that the total amount of moneys collected and | 37130 |
| accumulated is less than six hundred thousand dollars, the | 37131 |
| director, after review of the fee structure and consultation with | 37132 |
| affected persons, may issue an order increasing the amount of the | 37133 |
| fees levied under division (Y) of this section so that the | 37134 |
| estimated amount of moneys resulting from the fees will be | 37135 |
| approximately six hundred thousand dollars. Fees shall never be | 37136 |
| increased to an amount exceeding the amount specified in division | 37137 |
| (Y)(7) of this section. | 37138 |
| Notwithstanding section 119.06 of the Revised Code, the | 37139 |
| director may issue an order under division (Y)(7) of this section | 37140 |
| without the necessity to hold an adjudicatory hearing in | 37141 |
| connection with the order. The issuance of an order under this | 37142 |
| division is not an act or action for purposes of section 3745.04 | 37143 |
| of the Revised Code. | 37144 |
| (8) As used in division (Y) of this section: | 37145 |
| (a) "Sewage sludge facility" means an entity that performs | 37146 |
| treatment on or is responsible for the disposal of sewage sludge. | 37147 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 37148 |
| residue generated during the treatment of domestic sewage in a | 37149 |
| treatment works as defined in section 6111.01 of the Revised Code. | 37150 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 37151 |
| removed in primary, secondary, or advanced wastewater treatment | 37152 |
| processes. "Sewage sludge" does not include ash generated during | 37153 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 37154 |
| and screenings generated during preliminary treatment of domestic | 37155 |
| sewage in a treatment works, animal manure, residue generated | 37156 |
| during treatment of animal manure, or domestic septage. | 37157 |
| (c) "Exceptional quality sludge" means sewage sludge that | 37158 |
| meets all of the following qualifications: | 37159 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 37160 |
| 503.32(a); | 37161 |
| (ii) Satisfies one of the vector attraction reduction | 37162 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 37163 |
| (iii) Does not exceed the ceiling concentration limitations | 37164 |
| for metals listed in table one of 40 C.F.R. 503.13; | 37165 |
| (iv) Does not exceed the concentration limitations for metals | 37166 |
| listed in table three of 40 C.F.R. 503.13. | 37167 |
| (d) "Treatment" means the preparation of sewage sludge for | 37168 |
| final use or disposal and includes, but is not limited to, | 37169 |
| thickening, stabilization, and dewatering of sewage sludge. | 37170 |
| (e) "Disposal" means the final use of sewage sludge, | 37171 |
| including, but not limited to, land application, land reclamation, | 37172 |
| surface disposal, or disposal in a landfill or an incinerator. | 37173 |
| (f) "Land application" means the spraying or spreading of | 37174 |
| sewage sludge onto the land surface, the injection of sewage | 37175 |
| sludge below the land surface, or the incorporation of sewage | 37176 |
| sludge into the soil for the purposes of conditioning the soil or | 37177 |
| fertilizing crops or vegetation grown in the soil. | 37178 |
| (g) "Land reclamation" means the returning of disturbed land | 37179 |
| to productive use. | 37180 |
| (h) "Surface disposal" means the placement of sludge on an | 37181 |
| area of land for disposal, including, but not limited to, | 37182 |
| monofills, surface impoundments, lagoons, waste piles, or | 37183 |
| dedicated disposal sites. | 37184 |
| (i) "Incinerator" means an entity that disposes of sewage | 37185 |
| sludge through the combustion of organic matter and inorganic | 37186 |
| matter in sewage sludge by high temperatures in an enclosed | 37187 |
| device. | 37188 |
| (j) "Incineration facility" includes all incinerators owned | 37189 |
| or operated by the same entity and located on a contiguous tract | 37190 |
| of land. Areas of land are considered to be contiguous even if | 37191 |
| they are separated by a public road or highway. | 37192 |
| (k) "Annual sludge fee" means the fee assessed under division | 37193 |
| (Y)(1) of this section. | 37194 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 37195 |
| in rules adopted under section 3734.02 of the Revised Code, that | 37196 |
| is licensed under section 3734.05 of the Revised Code. | 37197 |
| (m) "Preexisting land reclamation project" means a | 37198 |
| property-specific land reclamation project that has been in | 37199 |
| continuous operation for not less than five years pursuant to | 37200 |
| approval of the activity by the director and includes the | 37201 |
| implementation of a community outreach program concerning the | 37202 |
| activity. | 37203 |
| Sec. 3745.114. (A) A person that applies for a section 401 | 37204 |
| water quality certification under Chapter 6111. of the Revised | 37205 |
| Code and rules adopted under it shall pay an application fee of | 37206 |
| two hundred dollars at the time of application plus any of the | 37207 |
| following fees, as applicable: | 37208 |
| (1) If the water resource to be impacted is a wetland, a | 37209 |
| review fee of five hundred dollars per acre of wetland to be | 37210 |
| impacted; | 37211 |
| (2) If the water resource to be impacted is a stream, a | 37212 |
| review fee of ten dollars per linear foot of stream to be | 37213 |
| impacted; | 37214 |
| (3) If the water resource to be impacted is a lake, a review | 37215 |
| fee of three dollars per cubic yard of dredged or fill material to | 37216 |
| be moved. | 37217 |
| (B) The total fee to be paid under this section shall not | 37218 |
| exceed twenty-five thousand dollars per application. However, if | 37219 |
| the applicant is a county, township, or municipal corporation in | 37220 |
| this state, the total fee to be paid shall not exceed five | 37221 |
| thousand dollars per application. | 37222 |
| (C) All money collected under this section shall be | 37223 |
| transmitted to the treasurer of state for deposit into the state | 37224 |
| treasury to the credit of the surface water protection fund | 37225 |
| created in section 6111.038 of the Revised Code. | 37226 |
| (D) The fees established under this section do not apply to | 37227 |
| any state agency as defined in section 119.01 of the Revised Code. | 37228 |
| (E) The fees established under this section do not apply to | 37229 |
| projects that are authorized by the environmental protection | 37230 |
| agency's general certifications of nationwide permits or general | 37231 |
| permits issued by the United States army corps of engineers. As | 37232 |
| used in this division, "general permit" and "nationwide permit" | 37233 |
| have the same meanings as in rules adopted under Chapter 6111. of | 37234 |
| the Revised Code. | 37235 |
| (F) The fees established under this section do not apply to | 37236 |
| coal mining and reclamation operations that are authorized under | 37237 |
| Chapter 1513. of the Revised Code. | 37238 |
| Sec. 3745.12. (A) There is hereby created in the state | 37239 |
| treasury the immediate removal fund, which shall be administered | 37240 |
| by the director of environmental protection. The fund may be used | 37241 |
| for both of the following purposes: | 37242 |
| (1) To pay costs incurred by the environmental protection | 37243 |
| agency in investigating, mitigating, minimizing, removing, or | 37244 |
| abating any unauthorized spill, release, or discharge of material | 37245 |
| into or upon the environment that requires emergency action to | 37246 |
| protect the public health or safety or the environment; | 37247 |
| (2) Conducting remedial actions under section 3752.13 of the | 37248 |
| Revised Code. | 37249 |
| (B) Any person responsible for causing or allowing the | 37250 |
| unauthorized spill, release, or discharge is liable to the | 37251 |
| director for the costs incurred by the agency regardless of | 37252 |
| whether those costs were paid out of the fund created under | 37253 |
| division (A) of this section or any other fund of the agency. Upon | 37254 |
| the request of the director, the attorney general shall bring a | 37255 |
| civil action against the responsible person to recover those | 37256 |
| costs. Moneys recovered under this division shall be paid into the | 37257 |
| state treasury to the credit of the immediate removal fund, except | 37258 |
| that moneys recovered for costs paid from the hazardous waste | 37259 |
| clean-up fund created in section 3734.28 of the Revised Code shall | 37260 |
| be credited to the hazardous waste clean-up fund. | 37261 |
| Sec. 3746.04. Within one year after September 28, 1994, the | 37262 |
| director of environmental protection, in accordance with Chapter | 37263 |
| 119. of the Revised Code and with the advice of the | 37264 |
| multidisciplinary council appointed under section 3746.03 of the | 37265 |
| Revised Code, shall adopt, and subsequently may amend, suspend, or | 37266 |
| rescind, rules that do both of the following: | 37267 |
| (A) Revise the rules adopted under Chapters 3704., 3714., | 37268 |
| 3734., 6109., and 6111. of the Revised Code to incorporate the | 37269 |
| provisions necessary to conform those rules to the requirements of | 37270 |
| this chapter. The amended rules adopted under this division also | 37271 |
| shall establish response times for all submittals to the | 37272 |
| environmental protection agency required under this chapter or | 37273 |
| rules adopted under it. | 37274 |
| (B) Establish requirements and procedures that are reasonably | 37275 |
| necessary for the implementation and administration of this | 37276 |
| chapter, including, without limitation, all of the following: | 37277 |
| (1) Appropriate generic numerical clean-up standards for the | 37278 |
| treatment or removal of soils, sediments, and water media for | 37279 |
| hazardous substances and petroleum. The rules shall establish | 37280 |
| separate generic numerical clean-up standards based upon the | 37281 |
| intended use of properties after the completion of voluntary | 37282 |
| actions, including industrial, commercial, and residential uses | 37283 |
| and such other categories of land use as the director considers to | 37284 |
| be appropriate. The generic numerical clean-up standards | 37285 |
| established for each category of land use shall be the | 37286 |
| concentration of each contaminant that may be present on a | 37287 |
| property that shall ensure protection of public health and safety | 37288 |
| and the environment for the reasonable exposure for that category | 37289 |
| of land use. When developing the standards, the director shall | 37290 |
| consider such factors as all of the following: | 37291 |
| (a) Scientific information, including, without limitation, | 37292 |
| toxicological information and realistic assumptions regarding | 37293 |
| human and environmental exposure to hazardous substances or | 37294 |
| petroleum; | 37295 |
| (b) Climatic factors; | 37296 |
| (c) Human activity patterns; | 37297 |
| (d) Current statistical techniques; | 37298 |
| (e) For petroleum at industrial property, alternatives to the | 37299 |
| use of total petroleum hydrocarbons. | 37300 |
| The generic numerical clean-up standards established in the | 37301 |
| rules adopted under division (B)(1) of this section shall be | 37302 |
| consistent with and equivalent in scope, content, and coverage to | 37303 |
| any applicable standard established by federal environmental laws | 37304 |
| and regulations adopted under them, including, without limitation, | 37305 |
| the "Federal Water Pollution Control Act Amendments of 1972," 86 | 37306 |
| Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource | 37307 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 37308 |
| 6921, as amended; the "Toxic Substances Control Act," 90 Stat. | 37309 |
| 2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive | 37310 |
| Environmental Response, Compensation, and Liability Act of 1980," | 37311 |
| 94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe | 37312 |
| Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as | 37313 |
| amended. | 37314 |
| In order for the rules adopted under division (B)(1) of this | 37315 |
| section to require that any such federal environmental standard | 37316 |
| apply to a property, the property shall meet the requirements of | 37317 |
| the particular federal statute or regulation involved in the | 37318 |
| manner specified by the statute or regulation. | 37319 |
| The generic numerical clean-up standards for petroleum at | 37320 |
| commercial or residential property shall be the standards | 37321 |
| established in rules adopted under division (B) of section | 37322 |
| 3737.882 of the Revised Code. | 37323 |
| (2)(a) Procedures for performing property-specific risk | 37324 |
| assessments that would be performed at a property to demonstrate | 37325 |
| that the remedy evaluated in a risk assessment results in | 37326 |
| protection of public health and safety and the environment instead | 37327 |
| of complying with the generic numerical clean-up standards | 37328 |
| established in the rules adopted under division (B)(1) of this | 37329 |
| section. The risk assessment procedures shall describe a | 37330 |
| methodology to establish, on a property-specific basis, allowable | 37331 |
| levels of contamination to remain at a property to ensure | 37332 |
| protection of public health and safety and the environment on the | 37333 |
| property and off the property when the contamination is emanating | 37334 |
| off the property, taking into account all of the following: | 37335 |
| (i) The implementation of treatment, storage, or disposal, or | 37336 |
| a combination thereof, of hazardous substances or petroleum; | 37337 |
| (ii) The existence of institutional controls or activity and | 37338 |
| use limitations that eliminate or mitigate exposure to hazardous | 37339 |
| substances or petroleum through the restriction of access to | 37340 |
| hazardous substances or petroleum; | 37341 |
| (iii) The existence of engineering controls that eliminate or | 37342 |
| mitigate exposure to hazardous substances or petroleum through | 37343 |
| containment of, control of, or restrictions of access to hazardous | 37344 |
| substances or petroleum, including, without limitation, fences, | 37345 |
| cap systems, cover systems, and landscaping. | 37346 |
| (b) The risk assessment procedures and levels of acceptable | 37347 |
| risk set forth in the rules adopted under division (B)(2) of this | 37348 |
| section shall be based upon all of the following: | 37349 |
| (i) Scientific information, including, without limitation, | 37350 |
| toxicological information and actual or proposed human and | 37351 |
| environmental exposure; | 37352 |
| (ii) Locational and climatic factors; | 37353 |
| (iii) Surrounding land use and human activities; | 37354 |
| (iv) Differing levels of remediation that may be required | 37355 |
| when an existing land use is continued compared to when a | 37356 |
| different land use follows the remediation. | 37357 |
| (c) Any standards established pursuant to rules adopted under | 37358 |
| division (B)(2) of this section shall be no more stringent than | 37359 |
| standards established under the environmental statutes of this | 37360 |
| state and rules adopted under them for the same contaminant in the | 37361 |
| same environmental medium that are in effect at the time the risk | 37362 |
| assessment is conducted. | 37363 |
| (3) Minimum standards for phase I property assessments. The | 37364 |
| standards shall specify the information needed to demonstrate that | 37365 |
| there is no reason to believe that contamination exists on a | 37366 |
| property. The rules adopted under division (B)(3) of this section, | 37367 |
| at a minimum, shall require that a phase I property assessment | 37368 |
| include all of the following: | 37369 |
| (a) A review and analysis of deeds, mortgages, easements of | 37370 |
| record, and similar documents relating to the chain of title to | 37371 |
| the property that are publicly available or that are known to and | 37372 |
| reasonably available to the owner or operator; | 37373 |
| (b) A review and analysis of any previous environmental | 37374 |
| assessments, property assessments, environmental studies, or | 37375 |
| geologic studies of the property and any land within two thousand | 37376 |
| feet of the boundaries of the property that are publicly available | 37377 |
| or that are known to and reasonably available to the owner or | 37378 |
| operator; | 37379 |
| (c) A review of current and past environmental compliance | 37380 |
| histories of persons who owned or operated the property; | 37381 |
| (d) A review of aerial photographs of the property that | 37382 |
| indicate prior uses of the property; | 37383 |
| (e) Interviews with managers of activities conducted at the | 37384 |
| property who have knowledge of environmental conditions at the | 37385 |
| property; | 37386 |
| (f) Conducting an inspection of the property consisting of a | 37387 |
| walkover; | 37388 |
| (g) Identifying the current and past uses of the property, | 37389 |
| adjoining tracts of land, and the area surrounding the property, | 37390 |
| including, without limitation, interviews with persons who reside | 37391 |
| or have resided, or who are or were employed, within the area | 37392 |
| surrounding the property regarding the current and past uses of | 37393 |
| the property and adjacent tracts of land. | 37394 |
| The rules adopted under division (B)(3) of this section shall | 37395 |
| establish criteria to determine when a phase II property | 37396 |
| assessment shall be conducted when a phase I property assessment | 37397 |
| reveals facts that establish a reason to believe that hazardous | 37398 |
| substances or petroleum have been treated, stored, managed, or | 37399 |
| disposed of on the property if the person undertaking the phase I | 37400 |
| property assessment wishes to obtain a covenant not to sue under | 37401 |
| section 3746.12 of the Revised Code. | 37402 |
| (4) Minimum standards for phase II property assessments. The | 37403 |
| standards shall specify the information needed to demonstrate that | 37404 |
| any contamination present at the property does not exceed | 37405 |
| applicable standards or that the remedial activities conducted at | 37406 |
| the property have achieved compliance with applicable standards. | 37407 |
| The rules adopted under division (B)(4) of this section, at a | 37408 |
| minimum, shall require that a phase II property assessment include | 37409 |
| all of the following: | 37410 |
| (a) A review and analysis of all documentation prepared in | 37411 |
| connection with a phase I property assessment conducted within the | 37412 |
| one hundred eighty days before the phase II property assessment | 37413 |
| begins. The rules adopted under division (B)(4)(a) of this section | 37414 |
| shall require that if a period of more than one hundred eighty | 37415 |
| days has passed between the time that the phase I assessment of | 37416 |
| the property was completed and the phase II assessment begins, the | 37417 |
| phase II assessment shall include a reasonable inquiry into the | 37418 |
| change in the environmental condition of the property during the | 37419 |
| intervening period. | 37420 |
| (b) Quality assurance objectives for measurements taken in | 37421 |
| connection with a phase II assessment; | 37422 |
| (c) Sampling procedures to ensure the representative sampling | 37423 |
| of potentially contaminated environmental media; | 37424 |
| (d) Quality assurance and quality control requirements for | 37425 |
| samples collected in connection with phase II assessments; | 37426 |
| (e) Analytical and data assessment procedures; | 37427 |
| (f) Data objectives to ensure that samples collected in | 37428 |
| connection with phase II assessments are biased toward areas where | 37429 |
| information indicates that contamination by hazardous substances | 37430 |
| or petroleum is likely to exist. | 37431 |
| (5) Standards governing the conduct of certified | 37432 |
| professionals, criteria and procedures for the certification of | 37433 |
| professionals to issue no further action letters under section | 37434 |
| 3746.11 of the Revised Code, and criteria for the suspension and | 37435 |
| revocation of those certifications. The director shall take an | 37436 |
| action regarding a certification as a final action. The issuance, | 37437 |
| denial, renewal, suspension, and revocation of those | 37438 |
| certifications are subject to Chapter 3745. of the Revised Code, | 37439 |
| 37440 | |
| 37441 | |
| an action regarding a certification in a newspaper of general | 37442 |
| circulation as required in section 3745.07 of the Revised Code, | 37443 |
| such an action shall be published on the environmental protection | 37444 |
| agency's web site and in the agency's weekly review not later than | 37445 |
| fifteen days after the date of the issuance, denial, renewal, | 37446 |
| suspension, or revocation of the certification and not later than | 37447 |
| thirty days before a hearing or public meeting concerning the | 37448 |
| action. | 37449 |
| The rules adopted under division (B)(5) of this section shall | 37450 |
| do all of the following: | 37451 |
| (a) Provide for the certification of environmental | 37452 |
| professionals to issue no further action letters pertaining to | 37453 |
| investigations and remedies in accordance with the criteria and | 37454 |
| procedures set forth in the rules. The rules adopted under | 37455 |
| division (B)(5)(a) of this section shall do at least all of the | 37456 |
| following: | 37457 |
| (i) Authorize the director to consider such factors as an | 37458 |
| environmental professional's previous performance record regarding | 37459 |
| such investigations and remedies and the environmental | 37460 |
| professional's environmental compliance history when determining | 37461 |
| whether to certify the environmental professional; | 37462 |
| (ii) Ensure that an application for certification is reviewed | 37463 |
| in a timely manner; | 37464 |
| (iii) Require the director to certify any environmental | 37465 |
| professional who the director determines complies with those | 37466 |
| criteria; | 37467 |
| (iv) Require the director to deny certification for any | 37468 |
| environmental professional who does not comply with those | 37469 |
| criteria. | 37470 |
| (b) Establish an annual fee to be paid by environmental | 37471 |
| professionals certified pursuant to the rules adopted under | 37472 |
| division (B)(5)(a) of this section. The fee shall be established | 37473 |
|
at an amount calculated to defray the costs to the | 37474 |
| 37475 | |
| of environmental professionals for certification and for the | 37476 |
| issuance of the certifications. | 37477 |
| (c) Develop a schedule for and establish requirements | 37478 |
| governing the review by the director of the credentials of | 37479 |
| environmental professionals who were deemed to be certified | 37480 |
| professionals under division (D) of section 3746.07 of the Revised | 37481 |
| Code in order to determine if they comply with the criteria | 37482 |
| established in rules adopted under division (B)(5) of this | 37483 |
| section. The rules adopted under division (B)(5)(c) of this | 37484 |
| section shall do at least all of the following: | 37485 |
| (i) Ensure that the review is conducted in a timely fashion; | 37486 |
| (ii) Require the director to certify any such environmental | 37487 |
| professional who the director determines complies with those | 37488 |
| criteria; | 37489 |
| (iii) Require any such environmental professional initially | 37490 |
| to pay the fee established in the rules adopted under division | 37491 |
| (B)(5)(b) of this section at the time that the environmental | 37492 |
| professional is so certified by the director; | 37493 |
| (iv) Establish a time period within which any such | 37494 |
| environmental professional who does not comply with those criteria | 37495 |
| may obtain the credentials that are necessary for certification; | 37496 |
| (v) Require the director to deny certification for any such | 37497 |
| environmental professional who does not comply with those criteria | 37498 |
| and who fails to obtain the necessary credentials within the | 37499 |
| established time period. | 37500 |
| (d) Require that any information submitted to the director | 37501 |
| for the purposes of the rules adopted under division (B)(5)(a) or | 37502 |
| (c) of this section comply with division (A) of section 3746.20 of | 37503 |
| the Revised Code; | 37504 |
| (e) Authorize the director to suspend or revoke the | 37505 |
| certification of an environmental professional if the director | 37506 |
| finds that the environmental professional's performance has | 37507 |
| resulted in the issuance of no further action letters under | 37508 |
| section 3746.11 of the Revised Code that are not consistent with | 37509 |
| applicable standards or finds that the certified environmental | 37510 |
| professional has not substantially complied with section 3746.31 | 37511 |
| of the Revised Code; | 37512 |
| (f) Authorize the director to suspend for a period of not | 37513 |
| more than five years or to permanently revoke a certified | 37514 |
| environmental professional's certification for any violation of or | 37515 |
| failure to comply with an ethical standard established in rules | 37516 |
| adopted
under division (B)(5) of this section | 37517 |
| (g) Require the director to revoke the certification of an | 37518 |
| environmental professional if the director finds that the | 37519 |
| environmental professional falsified any information on the | 37520 |
| environmental professional's application for certification | 37521 |
| regarding the environmental professional's credentials or | 37522 |
| qualifications or any other information generated for the purposes | 37523 |
| of or use under this chapter or rules adopted under it; | 37524 |
| (h) Require the director permanently to revoke the | 37525 |
| certification of an environmental professional who has violated or | 37526 |
| is violating division (A) of section 3746.18 of the Revised Code; | 37527 |
| (i) Preclude the director from revoking the certification of | 37528 |
| an environmental professional who only conducts investigations and | 37529 |
| remedies at property contaminated solely with petroleum unless the | 37530 |
| director first consults with the director of commerce. | 37531 |
| (6) Criteria and procedures for the certification of | 37532 |
| laboratories to perform analyses under this chapter and rules | 37533 |
| adopted under it. The issuance, denial, suspension, and revocation | 37534 |
| of those certifications are subject to Chapter 3745. of the | 37535 |
| Revised Code, and the director of environmental protection shall | 37536 |
| take any such action regarding a certification as a final action. | 37537 |
| The rules adopted under division (B)(6) of this section shall | 37538 |
| do all of the following: | 37539 |
| (a) Provide for the certification to perform analyses of | 37540 |
| laboratories in accordance with the criteria and procedures | 37541 |
| established in the rules adopted under division (B)(6)(a) of this | 37542 |
| section and establish an annual fee to be paid by those | 37543 |
| laboratories. The fee shall be established at an amount calculated | 37544 |
| to defray the costs to the agency for the review of the | 37545 |
| qualifications of those laboratories for certification and for the | 37546 |
| issuance of the certifications. The rules adopted under division | 37547 |
| (B)(6)(a) of this section may provide for the certification of | 37548 |
| those laboratories to perform only particular types or categories | 37549 |
| of analyses, specific test parameters or group of test parameters, | 37550 |
| or a specific matrix or matrices under this chapter. | 37551 |
| (b) Develop a schedule for and establish requirements | 37552 |
| governing the review by the director of the operations of | 37553 |
| laboratories that were deemed to be certified laboratories under | 37554 |
| division (E) of section 3746.07 of the Revised Code in order to | 37555 |
| determine if they comply with the criteria established in rules | 37556 |
| adopted under division (B)(6) of this section. The rules adopted | 37557 |
| under division (B)(6)(b) of this section shall do at least all of | 37558 |
| the following: | 37559 |
| (i) Ensure that the review is conducted in a timely fashion; | 37560 |
| (ii) Require the director to certify any such laboratory that | 37561 |
| the director determines complies with those criteria; | 37562 |
| (iii) Require any such laboratory initially to pay the fee | 37563 |
| established in the rules adopted under division (B)(6)(a) of this | 37564 |
| section at the time that the laboratory is so certified by the | 37565 |
| director; | 37566 |
| (iv) Establish a time period within which any such laboratory | 37567 |
| that does not comply with those criteria may make changes in its | 37568 |
| operations necessary for the performance of analyses under this | 37569 |
| chapter and rules adopted under it in order to be certified by the | 37570 |
| director; | 37571 |
| (v) Require the director to deny certification for any such | 37572 |
| laboratory that does not comply with those criteria and that fails | 37573 |
| to make the necessary changes in its operations within the | 37574 |
| established time period. | 37575 |
| (c) Require that any information submitted to the director | 37576 |
| for the purposes of the rules adopted under division (B)(6)(a) or | 37577 |
| (b) of this section comply with division (A) of section 3746.20 of | 37578 |
| the Revised Code; | 37579 |
| (d) Authorize the director to suspend or revoke the | 37580 |
| certification of a laboratory if the director finds that the | 37581 |
| laboratory's performance has resulted in the issuance of no | 37582 |
| further action letters under section 3746.11 of the Revised Code | 37583 |
| that are not consistent with applicable standards; | 37584 |
| (e) Authorize the director to suspend or revoke the | 37585 |
| certification of a laboratory if the director finds that the | 37586 |
| laboratory falsified any information on its application for | 37587 |
| certification regarding its credentials or qualifications; | 37588 |
| (f) Require the director permanently to revoke the | 37589 |
| certification of a laboratory that has violated or is violating | 37590 |
| division (A) of section 3746.18 of the Revised Code. | 37591 |
| (7) Information to be included in a no further action letter | 37592 |
| prepared under section 3746.11 of the Revised Code, including, | 37593 |
| without limitation, all of the following: | 37594 |
| (a) A summary of the information required to be submitted to | 37595 |
| the certified environmental professional preparing the no further | 37596 |
| action letter under division (C) of section 3746.10 of the Revised | 37597 |
| Code; | 37598 |
| (b) Notification that a risk assessment was performed in | 37599 |
| accordance with rules adopted under division (B)(2) of this | 37600 |
| section if such an assessment was used in lieu of generic | 37601 |
| numerical clean-up standards established in rules adopted under | 37602 |
| division (B)(1) of this section; | 37603 |
| (c) The contaminants addressed at the property, if any, their | 37604 |
| source, if known, and their levels prior to remediation; | 37605 |
| (d) The identity of any other person who performed work to | 37606 |
| support the request for the no further action letter as provided | 37607 |
| in division (B)(2) of section 3746.10 of the Revised Code and the | 37608 |
| nature and scope of the work performed by that person; | 37609 |
| (e) A list of the data, information, records, and documents | 37610 |
| relied upon by the certified environmental professional in | 37611 |
| preparing the no further action letter. | 37612 |
| (8) Methods for determining fees to be paid for the following | 37613 |
| services provided by the agency under this chapter and rules | 37614 |
| adopted under it: | 37615 |
| (a) Site- or property-specific technical assistance in | 37616 |
| developing or implementing plans in connection with a voluntary | 37617 |
| action; | 37618 |
| (b) Reviewing applications for and issuing consolidated | 37619 |
| standards permits under section 3746.15 of the Revised Code and | 37620 |
| monitoring compliance with those permits; | 37621 |
| (c) Negotiating, preparing, and entering into agreements | 37622 |
| necessary for the implementation and administration of this | 37623 |
| chapter and rules adopted under it; | 37624 |
| (d) Reviewing no further action letters, issuing covenants | 37625 |
| not to sue, and monitoring compliance with any terms and | 37626 |
| conditions of those covenants and with operation and maintenance | 37627 |
| agreements entered into pursuant to those covenants, including, | 37628 |
| without limitation, conducting audits of properties where | 37629 |
| voluntary actions are being or were conducted under this chapter | 37630 |
| and rules adopted under it. | 37631 |
| The fees established pursuant to the rules adopted under | 37632 |
| division (B)(8) of this section shall be at a level sufficient to | 37633 |
| defray the direct and indirect costs incurred by the agency for | 37634 |
| the administration and enforcement of this chapter and rules | 37635 |
| adopted under it other than the provisions regarding the | 37636 |
| certification of professionals and laboratories. | 37637 |
| (9) Criteria for selecting the no further action letters | 37638 |
| issued under section 3746.11 of the Revised Code that will be | 37639 |
| audited under section 3746.17 of the Revised Code, and the scope | 37640 |
| and procedures for conducting those audits. The rules adopted | 37641 |
| under division (B)(9) of this section, at a minimum, shall require | 37642 |
| the director to establish priorities for auditing no further | 37643 |
| action letters to which any of the following applies: | 37644 |
| (a) The letter was prepared by an environmental professional | 37645 |
| who was deemed to be a certified professional under division (D) | 37646 |
| of section 3746.07 of the Revised Code, but who does not comply | 37647 |
| with the criteria established in rules adopted under division | 37648 |
| (B)(5) of this section as determined pursuant to rules adopted | 37649 |
| under division (B)(5)(d) of this section | 37650 |
| (b) The letter was submitted fraudulently | 37651 |
| (c) The letter was prepared by a certified environmental | 37652 |
| professional whose certification subsequently was revoked in | 37653 |
| accordance with rules adopted under division (B)(5) of this | 37654 |
| section, or analyses were performed for the purposes of the no | 37655 |
| further action letter by a certified laboratory whose | 37656 |
| certification subsequently was revoked in accordance with rules | 37657 |
| adopted under division (B)(6) of
this section | 37658 |
| (d) A covenant not to sue that was issued pursuant to the | 37659 |
|
letter was revoked under this chapter | 37660 |
| (e) The letter was for a voluntary action that was conducted | 37661 |
| pursuant to a risk assessment in accordance with rules adopted | 37662 |
| under division (B)(2) of this section | 37663 |
| (f) The letter was for a voluntary action that included as | 37664 |
| remedial activities engineering controls or institutional controls | 37665 |
| or activity and use limitations authorized under section 3746.05 | 37666 |
| of the Revised Code. | 37667 |
| The rules adopted under division (B)(9) of this section shall | 37668 |
| provide for random audits of no further action letters to which | 37669 |
| the rules adopted under divisions (B)(9)(a) to (f) of this section | 37670 |
| do not apply. | 37671 |
| (10) A classification system to characterize ground water | 37672 |
| according to its capability to be used for human use and its | 37673 |
| impact on the environment and a methodology that shall be used to | 37674 |
| determine when ground water that has become contaminated from | 37675 |
| sources on a property for which a covenant not to sue is requested | 37676 |
| under section 3746.11 of the Revised Code shall be remediated to | 37677 |
| the standards established in the rules adopted under division | 37678 |
| (B)(1) or (2) of this section. | 37679 |
| (a) In adopting rules under division (B)(10) of this section | 37680 |
| to characterize ground water according to its capability for human | 37681 |
| use, the director shall consider all of the following: | 37682 |
| (i) The presence of legally enforceable, reliable | 37683 |
| restrictions on the use of ground water, including, without | 37684 |
| limitation, local rules or ordinances; | 37685 |
| (ii) The presence of regional commingled contamination from | 37686 |
| multiple sources that diminishes the quality of ground water; | 37687 |
| (iii) The natural quality of ground water; | 37688 |
| (iv) Regional availability of ground water and reasonable | 37689 |
| alternative sources of drinking water; | 37690 |
| (v) The productivity of the aquifer; | 37691 |
| (vi) The presence of restrictions on the use of ground water | 37692 |
| implemented under this chapter and rules adopted under it; | 37693 |
| (vii) The existing use of ground water. | 37694 |
| (b) In adopting rules under division (B)(10) of this section | 37695 |
| to characterize ground water according to its impacts on the | 37696 |
| environment, the director shall consider both of the following: | 37697 |
| (i) The risks posed to humans, fauna, surface water, | 37698 |
| sediments, soil, air, and other resources by the continuing | 37699 |
| presence of contaminated ground water; | 37700 |
| (ii) The availability and feasibility of technology to remedy | 37701 |
| ground water contamination. | 37702 |
| (11) Governing the application for and issuance of variances | 37703 |
| under section 3746.09 of the Revised Code; | 37704 |
| (12)(a) In the case of voluntary actions involving | 37705 |
| contaminated ground water, specifying the circumstances under | 37706 |
| which the generic numerical clean-up standards established in | 37707 |
| rules adopted under division (B)(1) of this section and standards | 37708 |
| established through a risk assessment conducted pursuant to rules | 37709 |
| adopted under division (B)(2) of this section shall be | 37710 |
| inapplicable to the remediation of contaminated ground water and | 37711 |
| under which the standards for remediating contaminated ground | 37712 |
| water shall be established on a case-by-case basis prior to the | 37713 |
| commencement of the voluntary action pursuant to rules adopted | 37714 |
| under division (B)(12)(b) of this section; | 37715 |
| (b) Criteria and procedures for the case-by-case | 37716 |
| establishment of standards for the remediation of contaminated | 37717 |
| ground water under circumstances in which the use of the generic | 37718 |
| numerical clean-up standards and standards established through a | 37719 |
| risk assessment are precluded by the rules adopted under division | 37720 |
| (B)(12)(a) of this section. The rules governing the procedures for | 37721 |
| the case-by-case development of standards for the remediation of | 37722 |
| contaminated ground water shall establish application, public | 37723 |
| participation, adjudication, and appeals requirements and | 37724 |
| procedures that are equivalent to the requirements and procedures | 37725 |
| established in section 3746.09 of the Revised Code and rules | 37726 |
| adopted under division (B)(11) of this section, except that the | 37727 |
| procedural rules shall not require an applicant to make the | 37728 |
| demonstrations set forth in divisions (A)(1) to (3) of section | 37729 |
| 3746.09 of the Revised Code. | 37730 |
| (13) A definition of the evidence that constitutes sufficient | 37731 |
| evidence for the purpose of division (A)(5) of section 3746.02 of | 37732 |
| the Revised Code. | 37733 |
| At least thirty days before filing the proposed rules | 37734 |
| required to be adopted under this section with the secretary of | 37735 |
| state, director of the legislative service commission, and joint | 37736 |
| committee on agency rule review in accordance with divisions (B) | 37737 |
| and (H) of section 119.03 of the Revised Code, the director of | 37738 |
| environmental protection shall hold at least one public meeting on | 37739 |
| the proposed rules in each of the five districts into which the | 37740 |
| agency has divided the state for administrative purposes. | 37741 |
| Sec. 3746.071. (A) As used in this section, "certified | 37742 |
| professional" means a certified professional deemed to be | 37743 |
| certified under division (D) of section 3746.07 of the Revised | 37744 |
| Code. | 37745 |
| (B) A certified professional shall do all of the following: | 37746 |
| (1) Protect the safety, health, and welfare of the public in | 37747 |
| the performance of | 37748 |
| arises where the certified professional faces a situation where | 37749 |
| the safety, health, or welfare of the public would not be | 37750 |
|
protected, | 37751 |
| following: | 37752 |
| (a) Sever | 37753 |
| professional's employer or client; | 37754 |
| (b) Refuse to accept responsibility for the design, report, | 37755 |
| or statement involved; | 37756 |
| (c) Notify the director of environmental protection if, in | 37757 |
| the opinion of the certified professional, the situation is | 37758 |
| sufficiently important. | 37759 |
| (2) Undertake to perform assignments only when | 37760 |
| certified
professional or | 37761 |
| consulting support is qualified by training and experience in the | 37762 |
| specific technical fields involved; | 37763 |
| (3) Be completely objective in any professional report, | 37764 |
|
statement, or testimony. | 37765 |
| include all relevant and pertinent information in the report, | 37766 |
| statement, or testimony when the result of an omission would or | 37767 |
| reasonably could lead to a fallacious conclusion. | 37768 |
| (4) Express an opinion as a technical or expert witness | 37769 |
| before any court, commission, or other tribunal only when it is | 37770 |
| founded upon adequate knowledge of the facts in issue, upon a | 37771 |
| background of technical competence in the subject matter, and upon | 37772 |
| honest conviction of the accuracy and propriety of | 37773 |
| testimony. | 37774 |
| (C) A certified professional shall not issue statements, | 37775 |
| criticisms, or arguments on matters connected with public policy | 37776 |
|
that are inspired or paid for by an interested party, unless | 37777 |
| the
certified professional has prefaced | 37778 |
|
explicitly identifying | 37779 |
| disclosing the identity
of the parties on whose behalf | 37780 |
| certified professional is speaking, and by revealing the existence | 37781 |
| of any pecuniary interest | 37782 |
| in the instant matters. | 37783 |
| (D)(1) A certified professional shall conscientiously avoid | 37784 |
| any conflict of interest with | 37785 |
| employer or client. | 37786 |
| (2) A certified professional promptly shall inform | 37787 |
| certified professional's employer or client of any business | 37788 |
| association,
interests, or circumstances that could influence | 37789 |
| the certified
professional's judgment or the quality of | 37790 |
| certified
professional's service to | 37791 |
| (3) A certified professional shall not accept compensation, | 37792 |
| financial or otherwise, from more than one party for services on | 37793 |
| or pertaining to the same project, unless the circumstances are | 37794 |
| fully disclosed to, and agreed to, by all interested parties or | 37795 |
| their duly authorized agents. | 37796 |
| (4) A certified professional shall not solicit or accept | 37797 |
| financial or other valuable considerations from material or | 37798 |
| equipment suppliers for specifying their products. | 37799 |
| (5) A certified professional shall not solicit or accept | 37800 |
| gratuities, directly or indirectly, from contractors, their | 37801 |
|
agents, or other parties dealing directly with | 37802 |
| professional's employer or client in connection with the work for | 37803 |
| which
| 37804 |
| (E)(1) A certified professional shall not pay, solicit, or | 37805 |
| offer, directly or indirectly, any bribe or commission for | 37806 |
|
professional employment with the exception of | 37807 |
| usual commission for securing salaried positions through licensed | 37808 |
| employment agencies. | 37809 |
| (2) A certified professional shall seek professional | 37810 |
| employment on the basis of qualification and competence for proper | 37811 |
| accomplishment of the work. A certified professional may submit | 37812 |
| proposed fee information prior to | 37813 |
| certified professional under this chapter and rules adopted under | 37814 |
| it. | 37815 |
| (3) A certified professional shall not falsify or permit | 37816 |
|
misrepresentation of | 37817 |
| certified professional's associates' academic or professional | 37818 |
| qualifications. | 37819 |
| misrepresent or exaggerate | 37820 |
| of responsibility in or for the subject matter of prior | 37821 |
| assignments. | 37822 |
| (4) Brochures or other presentations incident to the | 37823 |
| solicitation of employment by a certified professional shall not | 37824 |
|
misrepresent pertinent facts concerning | 37825 |
| professional's employers, employees, associates, or joint | 37826 |
| ventures, or
| 37827 |
|
with the intent and purpose of enhancing | 37828 |
|
professional's qualifications for | 37829 |
| work. | 37830 |
| (F)(1) A certified professional shall not sign or seal | 37831 |
|
professional work for which | 37832 |
| have personal professional knowledge and direct supervisory | 37833 |
| control and responsibility. | 37834 |
| (2) A certified professional shall not knowingly associate | 37835 |
|
with, or permit the use of | 37836 |
|
name or | 37837 |
| in, a business venture by any person or firm that | 37838 |
| professional knows, or has reason to believe, is engaging in | 37839 |
| business or professional practices of a fraudulent or dishonest | 37840 |
| nature. | 37841 |
| (3) If a certified professional has knowledge or reason to | 37842 |
| believe that another person or firm has violated any of the | 37843 |
|
provisions of this chapter or any requirement of this section, | 37844 |
| the certified professional shall present the information to the | 37845 |
| director in writing. | 37846 |
| (G) The director, in accordance with | 37847 |
| adopted under section 3746.04 of the Revised Code, may suspend for | 37848 |
| a period of not more than five years or permanently revoke a | 37849 |
| certified professional's certification for a violation of or | 37850 |
| failure to comply with any requirement or obligation set forth in | 37851 |
| this section. | 37852 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 37853 |
| radioactive material or radiation-generating equipment for which | 37854 |
| licensure or registration, respectively, by its handler is | 37855 |
| required shall apply in writing to the director of health on forms | 37856 |
| prescribed and provided by the director for licensure or | 37857 |
| registration. Terms and conditions of licenses and certificates of | 37858 |
| registration may be amended in accordance with rules adopted under | 37859 |
| section 3748.04 of the Revised Code or orders issued by the | 37860 |
| director pursuant to section 3748.05 of the Revised Code. | 37861 |
| (B) Until rules are adopted under section 3748.04 of the | 37862 |
| Revised Code, an application for a certificate of registration | 37863 |
| shall be accompanied by a biennial registration fee of two hundred | 37864 |
| eighteen dollars. On and after the effective date of those rules, | 37865 |
| an applicant for a license, registration certificate, or renewal | 37866 |
| of either shall pay the appropriate fee established in those | 37867 |
| rules. | 37868 |
| All fees collected under this section shall be deposited in | 37869 |
| the state treasury to the credit of the general operations fund | 37870 |
| created in section 3701.83 of the Revised Code. The fees shall be | 37871 |
| used solely to administer and enforce this chapter and rules | 37872 |
| adopted under it. | 37873 |
| Any fee required under this section that has not been paid | 37874 |
| within ninety days after the invoice date shall be assessed at two | 37875 |
| times the original invoiced fee. Any fee that has not been paid | 37876 |
| within one hundred eighty days after the invoice date shall be | 37877 |
| assessed at five times the original invoiced fee. | 37878 |
| (C) The director shall grant a license or registration to any | 37879 |
| applicant who has paid the required fee and is in compliance with | 37880 |
| this chapter and rules adopted under it. | 37881 |
| Until rules are adopted under section 3748.04 of the Revised | 37882 |
| Code, certificates of registration shall be effective for two | 37883 |
| years from the date of issuance. On and after the effective date | 37884 |
| of those rules, licenses and certificates of registration shall be | 37885 |
| effective for the applicable period established in those rules. | 37886 |
| Licenses and certificates of registration shall be renewed in | 37887 |
| accordance with the standard renewal procedure established in | 37888 |
| Chapter 4745. of the Revised Code. | 37889 |
| Sec. 3748.13. (A) The director of health shall inspect | 37890 |
| sources of radiation for which licensure or registration by the | 37891 |
| handler is required, and the sources' shielding and surroundings, | 37892 |
| according to the schedule established in rules adopted under | 37893 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 37894 |
| with rules adopted under that section, the director shall inspect | 37895 |
| all records and operating procedures of handlers that install | 37896 |
| sources of radiation and all sources of radiation for which | 37897 |
| licensure of radioactive material or registration of | 37898 |
| radiation-generating equipment by the handler is required. The | 37899 |
| director may make other inspections upon receiving complaints or | 37900 |
| other evidence of violation of this chapter or rules adopted under | 37901 |
| it. | 37902 |
| The director shall require any hospital registered under | 37903 |
| division (A) of section 3701.07 of the Revised Code to develop and | 37904 |
| maintain a quality assurance program for all sources of | 37905 |
| radiation-generating equipment. A certified radiation expert shall | 37906 |
| conduct oversight and maintenance of the program and shall file a | 37907 |
| report of audits of the program with the director on forms | 37908 |
| prescribed by the director. The audit reports shall become part of | 37909 |
| the inspection record. | 37910 |
| (B) Until rules are adopted under division (A)(8) of section | 37911 |
| 3748.04 of the Revised Code, a facility shall pay inspection fees | 37912 |
| according to the following schedule and categories: | 37913 |
| First dental x-ray tube | $ |
37914 | |||
| Each additional dental x-ray tube at the same location | $ |
37915 | |||
| First medical x-ray tube | $ |
37916 | |||
| Each additional medical x-ray tube at the same location | $ |
37917 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ |
37918 | |||
| First nonionizing radiation-generating equipment of any kind | $ |
37919 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ |
37920 | |||
| Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $ |
37921 |
| Until rules are adopted under division (A)(8) of section | 37922 |
| 3748.04 of the Revised Code, the fee for an inspection to | 37923 |
| determine whether violations cited in a previous inspection have | 37924 |
| been corrected is fifty per cent of the fee applicable under the | 37925 |
| schedule in this division. Until those rules are adopted, the fee | 37926 |
| for the inspection of a facility that is not licensed or | 37927 |
| registered and for which no license or registration application is | 37928 |
|
pending at the time of inspection is three hundred
| 37929 |
| ninety-five dollars plus the fee applicable under the schedule in | 37930 |
| this division. | 37931 |
| The director may conduct a review of shielding plans or the | 37932 |
| adequacy of shielding on the request of a licensee or registrant | 37933 |
| or an applicant for licensure or registration or during an | 37934 |
| inspection when the director considers a review to be necessary. | 37935 |
| Until rules are adopted under division (A)(8) of section 3748.04 | 37936 |
| of the Revised Code,
the fee for the review is | 37937 |
| 37938 | |
| radiation is used and is in addition to any other fee applicable | 37939 |
| under the schedule in this division. | 37940 |
| All fees shall be paid to the department of health no later | 37941 |
| than thirty days after the invoice for the fee is mailed. Fees | 37942 |
| shall be deposited in the general operations fund created in | 37943 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 37944 |
| to administer and enforce this chapter and rules adopted under it. | 37945 |
| Any fee required under this section that has not been paid | 37946 |
| within ninety days after the invoice date shall be assessed at two | 37947 |
| times the original invoiced fee. Any fee that has not been paid | 37948 |
| within one hundred eighty days after the invoice date shall be | 37949 |
| assessed at five times the original invoiced fee. | 37950 |
| (C) If the director determines that a board of health of a | 37951 |
| city or general health district is qualified to conduct | 37952 |
| inspections of radiation-generating equipment, the director may | 37953 |
| delegate to the board, by contract, the authority to conduct such | 37954 |
| inspections. In making a determination of the qualifications of a | 37955 |
| board of health to conduct those inspections, the director shall | 37956 |
| evaluate the credentials of the individuals who are to conduct the | 37957 |
| inspections of radiation-generating equipment and the radiation | 37958 |
| detection and measuring equipment available to them for that | 37959 |
| purpose. If a contract is entered into, the board shall have the | 37960 |
| same authority to make inspections of radiation-generating | 37961 |
| equipment as the director has under this chapter and rules adopted | 37962 |
| under it. The contract shall stipulate that only individuals | 37963 |
| approved by the director as qualified shall be permitted to | 37964 |
| inspect radiation-generating equipment under the contract's | 37965 |
| provisions. The contract shall provide for such compensation for | 37966 |
| services as is agreed to by the director and the board of health | 37967 |
| of the contracting health district. The director may reevaluate | 37968 |
| the credentials of the inspection personnel and their radiation | 37969 |
| detecting and measuring equipment as often as the director | 37970 |
| considers necessary and may terminate any contract with the board | 37971 |
| of health of any health district that, in the director's opinion, | 37972 |
| is not satisfactorily performing the terms of the contract. | 37973 |
| (D) The director may enter at all reasonable times upon any | 37974 |
| public or private property to determine compliance with this | 37975 |
| chapter and rules adopted under it. | 37976 |
| Sec. 3770.061. There is hereby created in the state treasury | 37977 |
| the charitable gaming oversight fund. The state lottery commission | 37978 |
| shall credit to the fund any money it receives from the office of | 37979 |
| the attorney general under any agreement the commission and the | 37980 |
| office have entered into under division (I) of section 2915.08 of | 37981 |
| the Revised Code. The commission shall use money in the fund to | 37982 |
| provide oversight, licensing, and monitoring of charitable gaming | 37983 |
| activities in this state in accordance with the agreement and | 37984 |
| Chapter 2915. of the Revised Code. Not later than the first day of | 37985 |
| July of each fiscal year, or as soon as possible thereafter, the | 37986 |
| commission may certify to the office of budget and management any | 37987 |
| unobligated fund balances not necessary to be used under this | 37988 |
| section. The commission may request the office of budget and | 37989 |
| management to transfer these balances to the lottery profits | 37990 |
| education fund for use in accordance with section 3770.06 of the | 37991 |
| Revised Code. | 37992 |
| Sec. 3773.34. (A) The Ohio athletic commission shall adopt | 37993 |
| and may amend or rescind rules in accordance with Chapter 119. of | 37994 |
| the Revised Code, prescribing the conditions under which prize | 37995 |
| fights and public boxing or wrestling matches or exhibitions may | 37996 |
| be conducted, classifying professional boxers by weight, and | 37997 |
| providing for the administration of sections 3773.31 to 3773.57 of | 37998 |
| the Revised Code. The rules may require that an applicant for a | 37999 |
| contestant's license to participate in a public boxing match or | 38000 |
| exhibition take an HIV test, as defined in section 3701.24 of the | 38001 |
| Revised Code, before being issued the contestant's license and may | 38002 |
| require that a licensed contestant take such an HIV test before | 38003 |
| participating in a public boxing match or exhibition. The | 38004 |
| commission, or the commission's executive director when authorized | 38005 |
| by the commission, may issue, deny, suspend, or revoke permits to | 38006 |
| hold prize fights and public boxing or wrestling matches or | 38007 |
| exhibitions | 38008 |
| revoke licenses to persons engaged in any public boxing match or | 38009 |
| exhibition as authorized by sections 3773.31 to 3773.57 of the | 38010 |
| Revised Code. | 38011 |
| (B) In addition to the duties set forth in this chapter, the | 38012 |
| Ohio athletic commission shall take action as necessary to carry | 38013 |
| out the provisions of Chapter 4771. of the Revised Code governing | 38014 |
| athlete agents. | 38015 |
| (C) On or before the thirty-first day of December of each | 38016 |
| year, the commission shall make a report to the governor of its | 38017 |
| proceedings for the year ending on the first day of December of | 38018 |
| that calendar year, and may include in the report any | 38019 |
| recommendations pertaining to its duties. | 38020 |
| Sec. 3773.38. Each person who holds a promoter's license | 38021 |
| issued under section 3773.36 of the Revised Code who desires to | 38022 |
| conduct a public boxing or wrestling match or exhibition where one | 38023 |
| or more contests are to be held shall obtain a permit from the | 38024 |
| Ohio athletic commission or the commission's executive director | 38025 |
| when the executive director is authorized by the commission to | 38026 |
| issue those types of permits. Application for such a permit shall | 38027 |
| be made in writing and on forms prescribed by the commission, | 38028 |
| shall be filed with the commission, and shall be accompanied by | 38029 |
| the permit fee prescribed in section 3773.43 of the Revised Code. | 38030 |
| The application for a permit issued under this section shall | 38031 |
| include the date and starting time of the match or exhibition, the | 38032 |
| address of the place where the match or exhibition is to be held, | 38033 |
| the names of the contestants, the seating capacity of the building | 38034 |
| or hall where the exhibition is to be held, the admission charge | 38035 |
| or any other charges, the amount of compensation or the percentage | 38036 |
| of gate receipts to be paid to each contestant, the name and | 38037 |
| address of the applicant, a copy of the current official rules | 38038 |
| that govern the particular sport, and the serial number of the | 38039 |
| applicant's promoter's license. | 38040 |
| The commission, or the commission's executive director when | 38041 |
| authorized by the commission, may require the applicant to deposit | 38042 |
| with the commission before a public boxing match or exhibition a | 38043 |
| cash bond, certified check, bank draft, or surety bond in an | 38044 |
| amount equal to five per cent of the estimated gross receipts from | 38045 |
| the match or exhibition. | 38046 |
| Sec. 3773.39. (A) Upon receipt of an application for a | 38047 |
| permit to hold a public boxing or wrestling match or exhibition | 38048 |
| under section 3773.38 of the Revised Code, the Ohio athletic | 38049 |
| commission, or the commission's executive director when authorized | 38050 |
| by the commission, shall determine if the applicant holds a valid | 38051 |
| promoter's license issued pursuant to section 3773.36 of the | 38052 |
| Revised Code. Upon receipt of an application for a permit to hold | 38053 |
| a public boxing match or exhibition, the commission, or the | 38054 |
| commission's executive director when authorized by the commission, | 38055 |
| also shall determine if the contestants are evenly and fairly | 38056 |
| matched according to skill, experience, and weight so as to | 38057 |
| produce a fair and sportsmanlike contest, and whether the | 38058 |
| applicant is financially responsible and is able to pay to each | 38059 |
| contestant the compensation or percentage of the gate receipts | 38060 |
| named in the application. The commission, or the commission's | 38061 |
| executive director when authorized by the commission, may, if | 38062 |
| applicable, require the applicant to deposit with it within | 38063 |
| forty-eight hours before the match or exhibition the total | 38064 |
| compensation or estimated portion of gate receipts to be paid all | 38065 |
| contestants named in the application made under section 3773.38 of | 38066 |
| the Revised Code. | 38067 |
| (B) If the commission, or the commission's executive director | 38068 |
| when authorized by the commission, determines that the applicant | 38069 |
| has met all the requirements specified in division (A) of this | 38070 |
|
section, | 38071 |
| applicant a permit to conduct the match or exhibition. If the | 38072 |
| applicant fails to deposit any compensation or portion of gate | 38073 |
| receipts required by the commission, or executive director before | 38074 |
| the first contest of the match or exhibition is held, the | 38075 |
| commission, or the commission's executive director when authorized | 38076 |
| by the commission, may revoke the permit and order the applicant | 38077 |
| not to conduct the match or exhibition described in the permit. | 38078 |
| (C) Each permit issued pursuant to this section shall bear | 38079 |
| the name and post office address of the applicant, the address of | 38080 |
| the place where the public boxing or wrestling match or exhibition | 38081 |
| is to be held, the date and starting time of the match or | 38082 |
| exhibition, and a serial number designated by the commission. | 38083 |
| A permit issued under this section shall allow the permit | 38084 |
| holder to conduct only the match or exhibition named in the | 38085 |
| permit. A permit is not transferable. | 38086 |
| Sec. 3773.40. No person who holds a promoter's license to | 38087 |
| conduct a public boxing match or exhibition under section 3773.36 | 38088 |
| of the Revised Code shall: | 38089 |
| (A) Hold any match or exhibition at any time or place other | 38090 |
| than that stated on a permit issued under section 3773.38 of the | 38091 |
| Revised Code; | 38092 |
| (B) Allow any contestant to participate in the match or | 38093 |
| exhibition unless the contestant is the licensed contestant named | 38094 |
| in the application for such permit or a licensed contestant | 38095 |
| authorized to compete as a substitute for such a contestant by the | 38096 |
| inspector assigned to the facility where the match or exhibition | 38097 |
| is held for that match or exhibition; | 38098 |
| (C) Charge a higher admission price for a match or exhibition | 38099 |
| than that stated in the application; | 38100 |
| (D) Pay a greater compensation or percentage of the gate | 38101 |
| receipts to any contestant than that stated in the application. | 38102 |
| The Ohio athletic commission, or the commission's executive | 38103 |
| director when authorized by the commission, upon application by a | 38104 |
| holder of a permit under section 3773.38 of the Revised Code, may | 38105 |
| allow the permit holder to hold the match or exhibition for which | 38106 |
| the permit was issued at an alternative site that is within the | 38107 |
| same municipal corporation or township and that offers | 38108 |
| substantially similar seating facilities, or allow the permit | 38109 |
| holder to substitute contestants or seconds, provided that the | 38110 |
| substitute contestants are evenly matched with their opponents in | 38111 |
| skill, experience, and weight. | 38112 |
| Sec. 3773.57. The Ohio athletic commission and the | 38113 |
| commission's executive director shall not issue a license or | 38114 |
| permit to conduct public boxing or wrestling matches or | 38115 |
| exhibitions in a municipal corporation or the unincorporated | 38116 |
| portion of a township if the commission or the commission's | 38117 |
| executive director determines that the legislative authority of | 38118 |
| the municipal corporation or board of township trustees has in | 38119 |
| effect an ordinance or resolution prohibiting such matches or | 38120 |
| exhibitions. | 38121 |
| Sec. 3793.09. (A) There is hereby created the council on | 38122 |
| alcohol and drug addiction services which shall consist of the | 38123 |
| public officials specified in division (B) of this section, or | 38124 |
| their designees, and thirteen members appointed by the governor | 38125 |
| with the advice and consent of the senate. The members appointed | 38126 |
| by the governor shall be representatives of the following: boards | 38127 |
| of alcohol, drug addiction, and mental health services; the | 38128 |
| criminal and juvenile justice systems; and alcohol and drug | 38129 |
| addiction programs. At least four of the appointed members shall | 38130 |
| be persons who have received or are receiving alcohol or drug | 38131 |
| addiction services or are parents or other relatives of such | 38132 |
| persons; of these at least two shall be women and at least one | 38133 |
| shall be a member of a minority group. | 38134 |
| The governor shall make initial appointments to the council | 38135 |
| not later than thirty days after October 10, 1989. Of the initial | 38136 |
| appointments, six shall be for terms ending July 31, 1991, and | 38137 |
| seven shall be for terms ending July 31, 1992. Thereafter, terms | 38138 |
| of office shall be two years, with each term ending on the same | 38139 |
| day of the same month as the term it succeeds. Each member shall | 38140 |
| hold office from the date of the member's appointment until the | 38141 |
| end of the term for which the member was appointed. Members may be | 38142 |
| reappointed. Vacancies shall be filled in the same manner as | 38143 |
| original appointments. Any member appointed to fill a vacancy | 38144 |
| occurring prior to the expiration of the term for which the | 38145 |
| member's predecessor was appointed shall hold office as a member | 38146 |
| for the remainder of the term. A member shall continue in office | 38147 |
| subsequent to the expiration of the member's term until the | 38148 |
| member's successor takes office or until a period of sixty days | 38149 |
| has elapsed, whichever occurs first. | 38150 |
| (B) The directors of health, public safety, mental health, | 38151 |
| rehabilitation and correction, and youth services; the | 38152 |
| superintendents of public instruction and liquor control; the | 38153 |
| attorney general; the adjutant general; and the executive director | 38154 |
| of the | 38155 |
| department of public safety shall be voting members of the | 38156 |
| council, except that any of these officials may designate an | 38157 |
| individual to serve in the official's place as a voting member of | 38158 |
| the council. The director of alcohol and drug addiction services | 38159 |
| shall serve as a nonvoting member of the council. | 38160 |
| (C) The governor shall annually appoint a | 38161 |
| chairperson from among the members of the council. The council | 38162 |
| shall meet
quarterly and at other times the | 38163 |
| considers necessary. In addition to other duties specified in this | 38164 |
| chapter, the council shall review the development of the | 38165 |
| comprehensive statewide plan for alcohol and drug addiction | 38166 |
| services, revisions of the plan, and other actions taken to | 38167 |
| implement the purposes of this chapter by the department of | 38168 |
| alcohol and drug addiction services and shall act as an advisory | 38169 |
| council to the director of alcohol and drug addiction services. | 38170 |
| (D) Members of the council shall serve without compensation, | 38171 |
| but shall be paid actual and necessary expenses incurred in the | 38172 |
| performance of their duties. | 38173 |
| Sec. 3901.021. (A) Three-fourths of all appointment and | 38174 |
| other
fees collected under
section 3905.10 | 38175 |
| section
3905.20 | 38176 |
| Revised Code shall be paid into the state treasury to the credit | 38177 |
| of the department of insurance operating fund, which is hereby | 38178 |
| created. The remaining one-fourth shall be credited to the general | 38179 |
| revenue
fund. | 38180 |
| of insurance, such as registration fees for sponsored seminars or | 38181 |
| conferences and grants from private entities, shall be paid into | 38182 |
| the state treasury to the credit of the department of insurance | 38183 |
| operating fund. | 38184 |
| (B) Seven-tenths of all fees collected under divisions | 38185 |
| (A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code | 38186 |
| shall be paid into the state treasury to the credit of the | 38187 |
| department of insurance operating fund. The remaining three-tenths | 38188 |
| shall be credited to the general revenue fund. | 38189 |
| (C) All operating expenses of the department of insurance | 38190 |
| except those expenses defined under section 3901.07 of the Revised | 38191 |
| Code shall be paid from the department of insurance operating | 38192 |
| fund. | 38193 |
| Sec. 3901.17. (A) As used in this section: | 38194 |
| (1) "Insurer" includes, but is not limited to, any person | 38195 |
| that is an affiliate of or affiliated with the insurer, as defined | 38196 |
| in division (A) of section 3901.32 of the Revised Code, and any | 38197 |
| person that is a subsidiary of the insurer as defined in division | 38198 |
| (F) of section 3901.32 of the Revised Code. | 38199 |
| (2) "Laws of this state relating to insurance" has the | 38200 |
| meaning defined in division (A)(1) of section 3901.04 of the | 38201 |
| Revised Code. | 38202 |
| (3) "Person" has the meaning defined in division (A) of | 38203 |
| section 3901.19 of the Revised Code. | 38204 |
| (B) Any of the following acts in this state, effected by mail | 38205 |
| or otherwise, by any foreign or alien insurer not authorized to | 38206 |
| transact business within this state, any nonresident person acting | 38207 |
| on behalf of an insurer, or any nonresident insurance agent | 38208 |
| subjects the insurer, person, or agent to the exercise of personal | 38209 |
| jurisdiction over the insurer, person, or agent to the extent | 38210 |
| permitted by the constitutions of this state and of the United | 38211 |
| States: | 38212 |
| (1) Issuing or delivering contracts of insurance to residents | 38213 |
| of this state or to corporations authorized to do business | 38214 |
| therein; | 38215 |
| (2) Making or proposing to make any insurance contracts; | 38216 |
| (3) Soliciting, taking, or receiving any application for | 38217 |
| insurance; | 38218 |
| (4) Receiving or collecting any premium, commission, | 38219 |
| membership fee, assessment, dues, or other consideration for any | 38220 |
| insurance contract or any part thereof; | 38221 |
| (5) Disseminating information as to coverage or rates, | 38222 |
| forwarding applications, inspecting risks, fixing rates, | 38223 |
| investigating or adjusting claims or losses, transacting any | 38224 |
| matters subsequent to effecting a contract of insurance and | 38225 |
| arising out of it; | 38226 |
| (6) Doing any kind of business recognized as constituting the | 38227 |
| doing of an insurance business under Title XXXIX of the Revised | 38228 |
| Code or subject to regulation by the superintendent of insurance | 38229 |
| under the laws of this state relating to insurance. | 38230 |
| Any such act shall be considered to be the doing of an | 38231 |
| insurance business in this state by such insurer, person, or agent | 38232 |
| and shall be its agreement that service of any lawful subpoena, | 38233 |
| notice, order, or process is of the same legal force and validity | 38234 |
| as personal service of the subpoena, notice, order, or process in | 38235 |
| this state upon the insurer, person, or agent. | 38236 |
| (C) Service of process in judicial proceedings shall be as | 38237 |
| provided by the Rules of Civil Procedure. Service in or out of | 38238 |
| this state of notice, orders, or subpoenas in administrative | 38239 |
| proceedings before the superintendent shall be as provided in | 38240 |
| section 3901.04 of the Revised Code. | 38241 |
| (D) Service of any notice, order, subpoena, or process in any | 38242 |
| such action, suit, or proceeding shall, in addition to the manner | 38243 |
| provided in division (C) of this section, be valid if served upon | 38244 |
| any person within this state who, in this state on behalf of such | 38245 |
| insurer, person, or agent is or has been: | 38246 |
| (1) Soliciting, procuring, effecting, or negotiating for | 38247 |
| insurance; | 38248 |
| (2) Making, issuing, or delivering any contract of insurance; | 38249 |
| (3) Collecting or receiving any premium, membership fees, | 38250 |
| assessment, dues, or other consideration for insurance; | 38251 |
| (4) Disseminating information as to coverage or rates, | 38252 |
| forwarding applications, inspecting risks, fixing rates, | 38253 |
| investigating or adjusting claims or losses, or transacting any | 38254 |
| matters subsequent to effecting a contract of insurance and | 38255 |
| arising out of it. | 38256 |
| (E) Nothing in this section shall limit or abridge the right | 38257 |
| to serve any subpoena, order, process, notice, or demand upon any | 38258 |
| insurer, person, or agent in any other manner permitted by law. | 38259 |
| (F) Every person investigating or adjusting any loss or claim | 38260 |
| under a policy of insurance not excepted under division (I) of | 38261 |
| this section and issued by any such insurer and covering a subject | 38262 |
| of insurance that was resident, located, or to be performed in | 38263 |
| this state at the time of issuance shall immediately report the | 38264 |
| policy to the superintendent. | 38265 |
| (G) Each such insurer that does any of the acts set forth in | 38266 |
| division (B) of this section in this state by mail or otherwise | 38267 |
| shall be subject to a tax of five per cent on the gross premiums, | 38268 |
| membership fees, assessments, dues, and other considerations | 38269 |
| received on all contracts of insurance covering subjects of | 38270 |
| insurance resident, located, or to be performed within this state. | 38271 |
| Such insurer shall annually, on or before the first day of July, | 38272 |
| pay such tax to the treasurer of state, as calculated on a form | 38273 |
| prescribed by the treasurer of state. If the tax is not paid when | 38274 |
| due, the tax shall be increased by a penalty of twenty-five per | 38275 |
| cent. An interest charge computed as set forth in section 5725.221 | 38276 |
| of the Revised Code shall be made on the entire sum of the tax | 38277 |
| plus penalty, which interest shall be computed from the date the | 38278 |
| tax is due until it is paid. The treasurer of state shall | 38279 |
| determine and report all claims for penalties and interest | 38280 |
| accruing under this section to the attorney general for | 38281 |
| collection. | 38282 |
| For purposes of this division, payment is considered made | 38283 |
| when it is received by the treasurer of state, irrespective of any | 38284 |
| United States postal service marking or other stamp or mark | 38285 |
| indicating the date on which the payment may have been mailed. | 38286 |
| (H) No contract of insurance effected in this state by mail | 38287 |
| or otherwise by any such insurer is enforceable by the insurer. | 38288 |
| (I) This section does not apply to: | 38289 |
| (1) Insurance obtained pursuant to sections 3905.30 to | 38290 |
| 3905.36 of the Revised Code; | 38291 |
| (2) The transaction of reinsurance by insurers; | 38292 |
| (3) Transactions in this state involving a policy solicited, | 38293 |
| written, and delivered outside this state covering only subjects | 38294 |
| of insurance not resident, located, or to be performed in this | 38295 |
| state at the time of issuance, provided such transactions are | 38296 |
| subsequent to the issuance of the policy; | 38297 |
| (4) Transactions in this state involving a policy of group | 38298 |
| life or group accident and sickness insurance solicited, written, | 38299 |
| and delivered outside this state; | 38300 |
| (5) Transactions involving contracts of insurance | 38301 |
| independently procured through negotiations occurring entirely | 38302 |
| outside this state which are reported to the superintendent and | 38303 |
| with respect to which the tax provided by section 3905.36 of the | 38304 |
| Revised Code is paid; | 38305 |
| (6) An attorney at law acting on behalf of the attorney's | 38306 |
| clients in the adjustment of claims or losses; | 38307 |
| (7) | 38308 |
| any insurance company underwriter issuing contracts of insurance | 38309 |
| to employer insureds or contracts of insurance issued to an | 38310 |
| employer insured. For purposes of this section, an "employer | 38311 |
| insured" is an insured to whom all of the following apply: | 38312 |
| (a) The insured procures the insurance of any risk or risks | 38313 |
| by use of the services of a full-time employee acting as an | 38314 |
| insurance manager or buyer or the services of a regularly and | 38315 |
| continuously qualified insurance consultant. As used in division | 38316 |
| (I)(7)(a) of this section, a "regularly and continuously qualified | 38317 |
| insurance consultant" does not include any person licensed under | 38318 |
| Chapter 3905. of the Revised Code. | 38319 |
| (b) The insured's aggregate annual premiums for insurance on | 38320 |
| all risks total at least twenty-five thousand dollars; and | 38321 |
| (c) The insured has at least twenty-five full-time employees. | 38322 |
| (8) Ocean marine insurance. | 38323 |
| Sec. 3901.78. | 38324 |
| 38325 | |
| 38326 | |
| 38327 | |
| 38328 | |
| 38329 | |
| 38330 | |
| 38331 | |
| or in any other circumstance that the superintendent of insurance | 38332 |
| determines to be appropriate, the superintendent may issue | 38333 |
| certificates of compliance | 38334 |
| 38335 | |
| associations authorized to do business in this state | 38336 |
| 38337 | |
| established by the national association of insurance commissioners | 38338 |
| or on such other forms as the superintendent may prescribe. | 38339 |
| Sec. 3903.14. (A) The superintendent of insurance as | 38340 |
| rehabilitator may appoint one or more special deputies, who shall | 38341 |
| have all the powers and responsibilities of the rehabilitator | 38342 |
| granted under this section, and the superintendent may employ such | 38343 |
| clerks and assistants as considered necessary. The compensation of | 38344 |
| the special deputies, clerks, and assistants and all expenses of | 38345 |
| taking possession of the insurer and of conducting the proceedings | 38346 |
| shall be fixed by the superintendent, with the approval of the | 38347 |
| court and shall be paid out of the funds or assets of the insurer. | 38348 |
| The persons appointed under this section shall serve at the | 38349 |
| pleasure of the superintendent. In the event that the property of | 38350 |
| the insurer does not contain sufficient cash or liquid assets to | 38351 |
| defray the costs incurred, the superintendent may advance the | 38352 |
| costs so incurred out of any appropriation for the maintenance of | 38353 |
| the department of insurance. Any amounts so advanced for expenses | 38354 |
| of administration shall be repaid to the superintendent for the | 38355 |
| use of the department out of the first available money of the | 38356 |
| insurer. | 38357 |
| (B) The rehabilitator may take such action as | 38358 |
| rehabilitator considers necessary or appropriate to reform and | 38359 |
| revitalize
the insurer. | 38360 |
| powers of the directors, officers, and managers, whose authority | 38361 |
| shall be suspended, except as they are redelegated by the | 38362 |
| rehabilitator. | 38363 |
| direct and manage, to hire and discharge employees subject to any | 38364 |
| contract rights they may have, and to deal with the property and | 38365 |
| business of the insurer. | 38366 |
| (C) If it appears to the rehabilitator that there has been | 38367 |
| criminal or tortious conduct, or breach of any contractual or | 38368 |
| fiduciary obligation detrimental to the insurer by any officer, | 38369 |
| manager, agent, director, trustee, broker, employee, or other | 38370 |
|
person, | 38371 |
| remedies on behalf of the insurer. | 38372 |
| (D) If the rehabilitator determines that reorganization, | 38373 |
| consolidation, conversion, reinsurance, merger, or other | 38374 |
|
transformation of the insurer is appropriate, | 38375 |
| shall prepare a plan to effect such changes. Upon application of | 38376 |
| the rehabilitator for approval of the plan, and after such notice | 38377 |
| and hearings as the court may prescribe, the court may either | 38378 |
| approve or disapprove the plan proposed, or may modify it and | 38379 |
| approve it as modified. Any plan approved under this section shall | 38380 |
| be, in the judgment of the court, fair and equitable to all | 38381 |
| parties concerned. If the plan is approved, the rehabilitator | 38382 |
| shall carry out the plan. In the case of a life insurer, the plan | 38383 |
| proposed may include the imposition of liens upon the policies of | 38384 |
| the company, if all rights of shareholders are first relinquished. | 38385 |
| A plan for a life insurer may also propose imposition of a | 38386 |
| moratorium upon loan and cash surrender rights under policies, for | 38387 |
| such period and to such an extent as may be necessary. | 38388 |
| (E) In the case of a medicaid health insuring corporation | 38389 |
| that has posted a bond or deposited securities in accordance with | 38390 |
| section 1751.271 of the Revised Code, the plan proposed under | 38391 |
| division (D) of this section may include the use of the proceeds | 38392 |
| of the bond or securities to first pay the claims of contracted | 38393 |
| providers for covered health care services provided to medicaid | 38394 |
| recipients, then next to pay other claimants with any remaining | 38395 |
| funds, consistent with the priorities set forth in sections | 38396 |
| 3903.421 and 3903.42 of the Revised Code. | 38397 |
| (F) The rehabilitator shall have the power under sections | 38398 |
| 3903.26 and 3903.27 of the Revised Code to avoid fraudulent | 38399 |
| transfers. | 38400 |
| (G) As used in this section: | 38401 |
| (1) "Contracted provider" means a provider with a contract | 38402 |
| with a medicaid health insuring corporation to provide covered | 38403 |
| health care services to medicaid recipients. | 38404 |
| (2) "Medicaid recipient" means a person eligible for | 38405 |
| assistance under the medicaid program operated pursuant to Chapter | 38406 |
| 5111. of the Revised Code. | 38407 |
| Sec. 3903.421. (A) Notwithstanding section 3903.42 of the | 38408 |
| Revised Code, both of the following apply to medicaid health | 38409 |
| insuring corporation performance bonds and securities: | 38410 |
| (1) Proceeds from the bond issued or securities held pursuant | 38411 |
| to section 1751.271 of the Revised Code that have been paid to or | 38412 |
| deposited with the department of insurance shall be considered | 38413 |
| special deposits for purposes of satisfying claims of contracted | 38414 |
| providers for covered health care services provided to medicaid | 38415 |
| recipients; | 38416 |
| (2) Contracted providers that have claims against a health | 38417 |
| insuring corporation for covered health care services provided to | 38418 |
| medicaid recipients shall be given first priority against the | 38419 |
| proceeds of the bond or securities held pursuant to section | 38420 |
| 1751.27 of the Revised Code, to the exclusion of other creditors, | 38421 |
| except as provided for in this section. | 38422 |
| (B) If the amount of the proceeds of the bond or securities | 38423 |
| are not sufficient to satisfy all of the allowed claims of | 38424 |
| contracted providers for covered health care services provided to | 38425 |
| medicaid recipients, payment shall proceed as follows: | 38426 |
| (1) Contracted providers shall share in the proceeds of the | 38427 |
| bond or securities pro rata based on the allowed amount of the | 38428 |
| providers' claims against the health insuring corporation for | 38429 |
| covered health care services provided to medicaid recipients; | 38430 |
| (2) After payments are made under division (B)(1) of this | 38431 |
| section, the net unpaid balance of the claims of contracted | 38432 |
| providers shall be allowed for payment from the general assets of | 38433 |
| the estate in accordance with the priorities set forth in section | 38434 |
| 3903.42 of the Revised Code. | 38435 |
| (C) If the amount of the proceeds of the bond or securities | 38436 |
| exceeds the allowed claims of contracted providers for covered | 38437 |
| health care services provided to medicaid recipients, the excess | 38438 |
| amount shall be considered a general asset of the health insuring | 38439 |
| corporation's estate to be distributed to other claimants in | 38440 |
| accordance with the priorities set forth in section 3903.42 of the | 38441 |
| Revised Code. | 38442 |
| (D) As used in this section: | 38443 |
| (1) "Contracted provider" means a provider with a contract | 38444 |
| with a medicaid health insuring corporation to provide covered | 38445 |
| health care services to medicaid recipients. | 38446 |
| (2) "Medicaid recipient" means a person eligible for | 38447 |
| assistance under the medicaid program operated pursuant to Chapter | 38448 |
| 5111. of the Revised Code. | 38449 |
| Sec. 3905.04. (A) Except as otherwise provided in section | 38450 |
| 3905.041 of the Revised Code, a resident individual applying for | 38451 |
| an insurance agent license for any of the lines of authority | 38452 |
| described in division (B) of this section shall take a written | 38453 |
| examination. The examination shall test the knowledge of the | 38454 |
| individual with respect to the lines of authority for which | 38455 |
| application is made, the duties and responsibilities of an | 38456 |
| insurance agent, and the insurance laws of this state. Before | 38457 |
| admission to the examination, each individual shall pay the | 38458 |
|
nonrefundable fee required under division | 38459 |
| 3905.40 of the Revised Code. | 38460 |
| (B) The examination described in division (A) of this section | 38461 |
| shall be required for the following lines of authority: | 38462 |
| (1) Any of the lines of authority set forth in divisions | 38463 |
| (B)(1) to (6) of section 3905.06 of the Revised Code; | 38464 |
| (2) Title insurance; | 38465 |
| (3) Surety bail bonds as provided in sections 3905.83 to | 38466 |
| 3905.95 of the Revised Code; | 38467 |
| (4) Any other line of authority designated by the | 38468 |
| superintendent of insurance. | 38469 |
| (C) An individual shall not be permitted to take the | 38470 |
| examination described in division (A) of this section unless one | 38471 |
| or both of the following apply: | 38472 |
| (1) The individual has earned a bachelor's or associate's | 38473 |
| degree in insurance from an accredited institution. | 38474 |
| (2) The individual has completed, for each line of authority | 38475 |
| for which the individual has applied, twenty hours of study in a | 38476 |
| program of insurance education approved by the superintendent, in | 38477 |
| consultation with the insurance agent education advisory council, | 38478 |
| under criteria established by the superintendent. Division (C) of | 38479 |
| this section does not apply with respect to title insurance or any | 38480 |
| other line of authority designated by the superintendent. | 38481 |
| (D) An individual who fails to appear for an examination as | 38482 |
| scheduled, or fails to pass an examination, may reapply for the | 38483 |
| examination if the individual pays the required fee and submits | 38484 |
| any necessary forms prior to being rescheduled for the | 38485 |
| examination. | 38486 |
| (E)(1) The superintendent may, in accordance with Chapter | 38487 |
| 119. of the Revised Code, adopt any rule necessary for the | 38488 |
| implementation of this section. | 38489 |
| (2) The superintendent may make any necessary arrangements, | 38490 |
| including contracting with an outside testing service, for the | 38491 |
| administration of the examinations and the collection of the fees | 38492 |
| required by this section. | 38493 |
| Sec. 3905.36. Every insured association, company, | 38494 |
| corporation, or other person that enters, directly or indirectly, | 38495 |
| into any agreements with any insurance company, association, | 38496 |
| individual, firm, underwriter, or Lloyd, not authorized to do | 38497 |
| business in this state, whereby the insured shall procure, | 38498 |
| continue, or renew contracts of insurance covering subjects of | 38499 |
| insurance resident, located, or to be performed within this state, | 38500 |
| with such unauthorized insurance company, association, individual, | 38501 |
| firm, underwriter, or Lloyd, for which insurance there is a gross | 38502 |
| premium, membership fee, assessment, dues, or other consideration | 38503 |
| charged or collected, shall annually, on or before the | 38504 |
| thirty-first day of January, return to the superintendent of | 38505 |
| insurance a statement under oath showing the name and address of | 38506 |
| the insured, name and address of the insurer, subject of the | 38507 |
| insurance, general description of the coverage, and amount of | 38508 |
| gross premium, fee, assessment, dues, or other consideration for | 38509 |
| such insurance for the preceding twelve-month period and shall at | 38510 |
| the same time pay to the treasurer of state a tax of five per cent | 38511 |
| of such gross premium, fee, assessment, dues, or other | 38512 |
| consideration, after a deduction for return premium, if any, as | 38513 |
| calculated on a form prescribed by the treasurer of state. All | 38514 |
| taxes collected under this section by the treasurer of state shall | 38515 |
| be paid into the general revenue fund. If the tax is not paid when | 38516 |
| due, the tax shall be increased by a penalty of twenty-five per | 38517 |
| cent. An interest charge computed as set forth in section 5725.221 | 38518 |
| of the Revised Code shall be made on the entire sum of the tax | 38519 |
| plus penalty, which interest shall be computed from the date the | 38520 |
| tax is due until it is paid. For purposes of this section, payment | 38521 |
| is considered made when it is received by the treasurer of state, | 38522 |
| irrespective of any United States postal service marking or other | 38523 |
| stamp or mark indicating the date on which the payment may have | 38524 |
| been mailed. This section does not apply to: | 38525 |
| (A) Insurance obtained pursuant to sections 3905.30 to | 38526 |
| 3905.35 of the Revised Code; | 38527 |
| (B) Transactions in this state involving a policy solicited, | 38528 |
| written, and delivered outside this state covering only subjects | 38529 |
| of insurance not resident, located, or to be performed in this | 38530 |
| state at the time of issuance, provided such transactions are | 38531 |
| subsequent to the issuance of the policy; | 38532 |
| (C) Attorneys-at-law acting on behalf of their clients in the | 38533 |
| adjustment of claims or losses | 38534 |
| | 38535 |
| 38536 | |
| 38537 | |
| 38538 |
| | 38539 |
| 38540 | |
| 38541 | |
| 38542 | |
| 38543 | |
| 38544 | |
| 38545 |
| | 38546 |
| 38547 |
| | 38548 |
| Each person licensed under section 3905.30 of the Revised | 38549 |
| Code shall pay to the treasurer of state, on or before the | 38550 |
| thirty-first day of January of each year, five per cent of the | 38551 |
| balance of the gross premiums charged for insurance placed or | 38552 |
| procured under the license after a deduction for return premiums, | 38553 |
| as reported on a form prescribed by the treasurer of state. The | 38554 |
| tax shall be collected from the insured by the surplus line broker | 38555 |
| who placed or procured the policy of insurance at the time the | 38556 |
| policy is delivered to the insured. No license issued under | 38557 |
| section 3905.30 of the Revised Code shall be renewed until payment | 38558 |
| is made. If the tax is not paid when due, the tax shall be | 38559 |
| increased by a penalty of twenty-five per cent. An interest charge | 38560 |
| computed as set forth in section 5725.221 of the Revised Code | 38561 |
| shall be made on the entire sum of the tax plus penalty, which | 38562 |
| interest shall be computed from the date the tax is due until it | 38563 |
| is paid. For purposes of this section, payment is considered made | 38564 |
| when it is received by the treasurer of state, irrespective of any | 38565 |
| United States postal service marking or other stamp or mark | 38566 |
| indicating the date on which the payment may have been mailed. | 38567 |
| Sec. 3905.40. There shall be paid to the superintendent of | 38568 |
| insurance the following fees: | 38569 |
| (A) Each insurance company doing business in this state shall | 38570 |
| pay: | 38571 |
| (1) For filing a copy of its charter or deed of settlement, | 38572 |
| two hundred fifty dollars; | 38573 |
| (2) For filing each statement, | 38574 |
| seventy-five dollars; | 38575 |
| (3) For each certificate of authority or license, one hundred | 38576 |
| seventy-five, and for each certified copy thereof, five dollars; | 38577 |
| (4) For each copy of a paper filed in the superintendent's | 38578 |
| office, twenty cents per page; | 38579 |
| (5) For issuing certificates of deposits or certified copies | 38580 |
| thereof, five dollars for the first certificate or copy and one | 38581 |
| dollar for each additional certificate or copy; | 38582 |
| (6) For issuing certificates of compliance or certified | 38583 |
|
copies thereof, | 38584 |
| (7) For affixing the seal of office and certifying documents, | 38585 |
| other than those enumerated herein, two dollars. | 38586 |
| (B) Each domestic life insurance company doing business in | 38587 |
| this state shall pay for annual valuation of its policies, one | 38588 |
| cent on every one thousand dollars of insurance. | 38589 |
| (C) | 38590 |
| 38591 | |
| 38592 | |
| 38593 | |
| 38594 |
| | 38595 |
| pay ten dollars before admission to any examination required by | 38596 |
| the superintendent. Such fee shall not be paid by the appointing | 38597 |
| insurance company. | 38598 |
| | 38599 |
| for verifying that any amendment to its articles of incorporation | 38600 |
| was regularly adopted, two hundred fifty dollars with each | 38601 |
| application for verification. Any such amendment shall be | 38602 |
| considered to have been regularly adopted when approved by the | 38603 |
| affirmative vote of two-thirds of the policyholders present in | 38604 |
| person or by proxy at any annual meeting of policyholders or at a | 38605 |
| special meeting of policyholders called for that purpose. | 38606 |
| Sec. 3923.27. No policy of sickness and accident insurance | 38607 |
|
delivered, issued for delivery, or renewed in this state after
| 38608 |
| 38609 | |
| individual and group policies, that provides hospitalization | 38610 |
| coverage for mental illness shall exclude such coverage for the | 38611 |
| reason that the insured is hospitalized in an institution or | 38612 |
| facility receiving tax support from the state, any municipal | 38613 |
| corporation, county, or joint county board, whether such | 38614 |
| institution or facility is deemed charitable or otherwise, | 38615 |
| provided the institution or facility or portion thereof is fully | 38616 |
| accredited by the joint commission on accreditation of hospitals | 38617 |
| or certified under Titles XVIII and XIX of the "Social Security | 38618 |
| Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The | 38619 |
| insurance coverage shall provide payment amounting to the lesser | 38620 |
| of either the full amount of the statutory charge for the cost of | 38621 |
|
the services pursuant to | 38622 |
| section 5121.33 of the Revised Code or the benefits payable for | 38623 |
| the services under the applicable insurance policy. Insurance | 38624 |
| benefits for the coverage shall be paid so long as patients and | 38625 |
| their liable relatives retain their statutory liability pursuant | 38626 |
| to | 38627 |
| of the Revised Code. Only that portion or per cent of the benefits | 38628 |
| shall be payable that has been assigned, or ordered to be paid, to | 38629 |
| the state or other appropriate provider for services rendered by | 38630 |
| the institution or facility. | 38631 |
| Sec. 4112.12. (A) There is hereby created the commission on | 38632 |
| African-American males, which shall consist of not more than | 38633 |
| forty-one members as follows: the directors or their designees of | 38634 |
| the departments of health, development, alcohol and drug addiction | 38635 |
| services, job and family services, rehabilitation and correction, | 38636 |
| mental health, and youth services; the adjutant general or the | 38637 |
| adjutant general's designee; the equal employment opportunity | 38638 |
| officer of the department of administrative services or the equal | 38639 |
| employment opportunity officer's designee; the executive director | 38640 |
| or the executive director's designee of the Ohio civil rights | 38641 |
| commission; the executive director or the executive director's | 38642 |
|
designee of the
| 38643 |
| the department of public safety; the superintendent of public | 38644 |
| instruction; the chancellor or the chancellor's designee of the | 38645 |
| Ohio board of regents; two members of the house of representatives | 38646 |
| appointed by the speaker of the house of representatives; three | 38647 |
| members of the senate appointed by the president of the senate; | 38648 |
| and not more than twenty-three members appointed by the governor. | 38649 |
| The members appointed by the governor shall include an additional | 38650 |
| member of the governor's cabinet and at least one representative | 38651 |
| of each of the following: the national association for the | 38652 |
| advancement of colored people; the urban league; an organization | 38653 |
| representing black elected officials; an organization representing | 38654 |
| black attorneys; the black religious community; the black business | 38655 |
| community; the nonminority business community; and organized | 38656 |
| labor; at least one black medical doctor, one black elected member | 38657 |
| of a school board, and one black educator; and at least two | 38658 |
| representatives of local private industry councils. The remaining | 38659 |
| members that may be appointed by the governor shall be selected | 38660 |
| from elected officials, civic and community leaders, and | 38661 |
| representatives of the employment, criminal justice, education, | 38662 |
| and health communities. | 38663 |
| (B) Terms of office shall be for three years, with each term | 38664 |
| ending on the same day of the same month as did the term that it | 38665 |
| succeeds. Each member shall hold office from the date of | 38666 |
| appointment until the end of the term for which the member was | 38667 |
| appointed. Members may be reappointed. Vacancies shall be filled | 38668 |
| in the manner provided for original appointments. Any member | 38669 |
| appointed to fill a vacancy occurring prior to the expiration date | 38670 |
| of the term for which the member's predecessor was appointed shall | 38671 |
| hold office as a member for the remainder of that term. A member | 38672 |
| shall continue in office subsequent to the expiration date of the | 38673 |
| member's term until the member's successor takes office or until a | 38674 |
| period of sixty days has elapsed, whichever occurs first. | 38675 |
| The commission annually shall elect a chairperson from among | 38676 |
| its members. | 38677 |
| (C) Members of the commission and members of subcommittees | 38678 |
| appointed under division (B) of section 4112.13 of the Revised | 38679 |
| Code shall not be compensated, but shall be reimbursed for their | 38680 |
| necessary and actual expenses incurred in the performance of their | 38681 |
| official duties. | 38682 |
| (D)(1) The Ohio civil rights commission shall serve as the | 38683 |
| commission on African-American males' fiscal agent and shall | 38684 |
| perform all of the following services: | 38685 |
| (a) Prepare and process payroll and other personnel documents | 38686 |
| that the commission on African-American males approves; | 38687 |
| (b) Maintain ledgers of accounts and reports of account | 38688 |
| balances, and monitor budgets and allotment plans in consultation | 38689 |
| with the commission on African-American males; | 38690 |
| (c) Perform other routine support services that the executive | 38691 |
| director of the Ohio civil rights commission or the executive | 38692 |
| director's designee and the Commission on African-American males | 38693 |
| or its designee consider appropriate to achieve efficiency. | 38694 |
| (2) The Ohio civil rights commission shall not approve any | 38695 |
| payroll or other personnel-related documents or any biennial | 38696 |
| budget, grant, expenditure, audit, or fiscal-related document | 38697 |
| without the advice and consent of the commission on | 38698 |
| African-American males. | 38699 |
| (3) The Ohio civil rights commission shall determine fees to | 38700 |
| be charged to the commission on African-American males for | 38701 |
| services performed under this division, which shall be in | 38702 |
| proportion to the services performed for the commission on | 38703 |
| African-American males. | 38704 |
| (4) The commission on African-American males or its designee | 38705 |
| has: | 38706 |
| (a) Sole authority to draw funds for any federal program in | 38707 |
| which the commission is authorized to participate; | 38708 |
| (b) Sole authority to expend funds from accounts for programs | 38709 |
| and any other necessary expenses the commission on | 38710 |
| African-American males may incur; | 38711 |
| (c) The duty to cooperate with the Ohio civil rights | 38712 |
| commission to ensure that the Ohio civil rights commission is | 38713 |
| fully apprised of all financial transactions. | 38714 |
| (E) The commission on African-American males shall appoint an | 38715 |
| executive director, who shall be in the unclassified civil | 38716 |
| service. The executive director shall supervise the commission's | 38717 |
| activities and report to the commission on the progress of those | 38718 |
| activities. The executive director shall do all things necessary | 38719 |
| for the efficient and effective implementation of the duties of | 38720 |
| the commission. | 38721 |
| The responsibilities assigned to the executive director do | 38722 |
| not relieve the members of the commission from final | 38723 |
| responsibility for the proper performance of the requirements of | 38724 |
| this division. | 38725 |
| (F) The commission on African-American males shall: | 38726 |
| (1) Employ, promote, supervise, and remove all employees, as | 38727 |
| needed, in connection with the performance of its duties under | 38728 |
| this section; | 38729 |
| (2) Maintain its office in Columbus; | 38730 |
| (3) Acquire facilities, equipment, and supplies necessary to | 38731 |
| house the commission, its employees, and files and records under | 38732 |
| its control, and to discharge any duty imposed upon it by law. The | 38733 |
| expense of these acquisitions shall be audited and paid for in the | 38734 |
| same manner as other state expenses. | 38735 |
| (4) Prepare and submit to the office of budget and management | 38736 |
| a budget for each biennium in accordance with sections 101.55 and | 38737 |
| 107.03 of the Revised Code. The budget submitted shall cover the | 38738 |
| costs of the commission and its staff in the discharge of any duty | 38739 |
| imposed upon the commission by law. The commission shall pay its | 38740 |
| own payroll and other operating expenses from appropriation items | 38741 |
| designated by the general assembly. The commission shall not | 38742 |
| delegate any authority to obligate funds. | 38743 |
| (5) Establish the overall policy and management of the | 38744 |
| commission in accordance with this chapter; | 38745 |
| (6) Follow all state procurement requirements; | 38746 |
| (7) Pay fees owed to the Ohio civil rights commission under | 38747 |
| division (D) of this section from the commission on | 38748 |
| African-American males' general revenue fund or from any other | 38749 |
| fund from which the operating expenses of the commission on | 38750 |
| African-American males are paid. Any amounts set aside for a | 38751 |
| fiscal year for the payment of such fees shall be used only for | 38752 |
| the services performed for the commission on African-American | 38753 |
| males by the Ohio civil rights commission in that fiscal year. | 38754 |
| (G) The commission on African-American males may: | 38755 |
| (1) Hold sessions at any place within the state; | 38756 |
| (2) Establish, change, or abolish positions, and assign and | 38757 |
| reassign duties and responsibilities of any employee of the | 38758 |
| commission on African-American males as necessary to achieve the | 38759 |
| most efficient performance of its functions. | 38760 |
| Sec. 4117.03. (A) Public employees have the right to: | 38761 |
| (1) Form, join, assist, or participate in, or refrain from | 38762 |
| forming, joining, assisting, or participating in, except as | 38763 |
| otherwise provided in Chapter 4117. of the Revised Code, any | 38764 |
| employee organization of their own choosing; | 38765 |
| (2) Engage in other concerted activities for the purpose of | 38766 |
| collective bargaining or other mutual aid and protection; | 38767 |
| (3) Representation by an employee organization; | 38768 |
| (4) Bargain collectively with their public employers to | 38769 |
| determine wages, hours, terms and other conditions of employment | 38770 |
| and the continuation, modification, or deletion of an existing | 38771 |
| provision of a collective bargaining agreement, and enter into | 38772 |
| collective bargaining agreements; | 38773 |
| (5) Present grievances and have them adjusted, without the | 38774 |
| intervention of the bargaining representative, as long as the | 38775 |
| adjustment is not inconsistent with the terms of the collective | 38776 |
| bargaining agreement then in effect and as long as the bargaining | 38777 |
| representatives have the opportunity to be present at the | 38778 |
| adjustment. | 38779 |
| (B) Persons on active duty or acting in any capacity as | 38780 |
| members of the organized militia do not have collective bargaining | 38781 |
| rights. | 38782 |
| (C) Except as provided in division (D) of this section, | 38783 |
| nothing in Chapter 4117. of the Revised Code prohibits public | 38784 |
| employers from electing to engage in collective bargaining, to | 38785 |
| meet and confer, to hold discussions, or to engage in any other | 38786 |
| form of collective negotiations with public employees who are not | 38787 |
| subject to Chapter 4117. of the Revised Code pursuant to division | 38788 |
| (C) of section 4117.01 of the Revised Code. | 38789 |
| (D) A public employer shall not engage in collective | 38790 |
| bargaining or other forms of collective negotiations with the | 38791 |
| employees of county boards of elections referred to in division | 38792 |
| (C)(12) of section 4117.01 of the Revised Code. | 38793 |
| (E)(1) Employees of public school may bargain collectively | 38794 |
| for life and health care benefits; however, all life and health | 38795 |
| care benefits shall be provided through school employees health | 38796 |
| care board life and medical plans, in accordance with section | 38797 |
| 9.901 of the Revised Code. If a school district provides its | 38798 |
| employees with life or health care benefits pursuant to collective | 38799 |
| bargaining, the employees shall be permitted to choose a plan | 38800 |
| option from among the school employees health care board plans | 38801 |
| agreed to during collective bargaining. | 38802 |
| (2) During collective bargaining, employees of public schools | 38803 |
| may agree to pay a higher percentage of the premium for life and | 38804 |
| health benefit coverage under the plans designed by the school | 38805 |
| employees health care board pursuant to section 9.901 of the | 38806 |
| Revised Code than the percentage designated as the employees' | 38807 |
| contribution level by the board. A collective bargaining | 38808 |
| agreement, however, shall not permit the employees to contribute a | 38809 |
| lesser percentage of the premium than that set as the employees' | 38810 |
| contribution level by the school employees health care board. The | 38811 |
| total premium paid by the participating school board to the school | 38812 |
| employees health care board for coverage under any of the board's | 38813 |
| life and health benefit plans shall not be affected by the | 38814 |
| collective bargaining agreement. | 38815 |
| Sec. 4117.08. (A) All matters pertaining to wages, hours, or | 38816 |
| terms and other conditions of employment and the continuation, | 38817 |
| modification, or deletion of an existing provision of a collective | 38818 |
| bargaining agreement are subject to collective bargaining between | 38819 |
| the public employer and the exclusive representative, except as | 38820 |
| otherwise specified in this section and division (E) of section | 38821 |
| 4117.03 of the Revised Code. | 38822 |
| (B) The conduct and grading of civil service examinations, | 38823 |
| the rating of candidates, the establishment of eligible lists from | 38824 |
| the examinations, and the original appointments from the eligible | 38825 |
| lists are not appropriate subjects for collective bargaining. | 38826 |
| (C) Unless a public employer agrees otherwise in a collective | 38827 |
| bargaining agreement, nothing in Chapter 4117. of the Revised Code | 38828 |
| impairs the right and responsibility of each public employer to: | 38829 |
| (1) Determine matters of inherent managerial policy which | 38830 |
| include, but are not limited to areas of discretion or policy such | 38831 |
| as the functions and programs of the public employer, standards of | 38832 |
| services, its overall budget, utilization of technology, and | 38833 |
| organizational structure; | 38834 |
| (2) Direct, supervise, evaluate, or hire employees; | 38835 |
| (3) Maintain and improve the efficiency and effectiveness of | 38836 |
| governmental operations; | 38837 |
| (4) Determine the overall methods, process, means, or | 38838 |
| personnel by which governmental operations are to be conducted; | 38839 |
| (5) Suspend, discipline, demote, or discharge for just cause, | 38840 |
| or lay off, transfer, assign, schedule, promote, or retain | 38841 |
| employees; | 38842 |
| (6) Determine the adequacy of the work force; | 38843 |
| (7) Determine the overall mission of the employer as a unit | 38844 |
| of government; | 38845 |
| (8) Effectively manage the work force; | 38846 |
| (9) Take actions to carry out the mission of the public | 38847 |
| employer as a governmental unit. | 38848 |
| The employer is not required to bargain on subjects reserved | 38849 |
| to the management and direction of the governmental unit except as | 38850 |
| affect wages, hours, terms and conditions of employment, and the | 38851 |
| continuation, modification, or deletion of an existing provision | 38852 |
| of a collective bargaining agreement. A public employee or | 38853 |
| exclusive representative may raise a legitimate complaint or file | 38854 |
| a grievance based on the collective bargaining agreement. | 38855 |
| Sec. 4117.24. The training | 38856 |
| fund is hereby created in the state treasury. The state employment | 38857 |
| relations board shall deposit into the
training | 38858 |
| and grants fund all | 38859 |
| sources: | 38860 |
| (A) Payments received by the board for copies of documents, | 38861 |
| rulebooks, and other publications; | 38862 |
| (B) Fees received from seminar
participants; | 38863 |
| (C) Receipts from the sale of clearinghouse data; | 38864 |
| (D) Moneys received from grants, donations, awards, bequests, | 38865 |
| gifts, reimbursements, and similar funds; | 38866 |
| (E) Reimbursement received for professional services and | 38867 |
| expenses related to professional services; | 38868 |
| (F) Funds received to support the development of labor | 38869 |
| relations services and programs. The state employment relations | 38870 |
| board shall use all moneys deposited into the training
| 38871 |
| publications, and grants fund to defray the costs of furnishing | 38872 |
| and making available copies of documents, rulebooks, and other | 38873 |
| publications; the costs of planning, organizing, and conducting | 38874 |
| training seminars; the costs associated with grant projects, | 38875 |
| innovative labor-management cooperation programs, research | 38876 |
| projects related to these grants and programs, and the advancement | 38877 |
| in professionalism of public sector relations; the professional | 38878 |
| development of board employees; and the costs of compiling | 38879 |
| clearinghouse data. | 38880 |
| The board may seek, solicit, apply for, receive, and accept | 38881 |
| grants, gifts, and contributions of money, property, labor, and | 38882 |
| other things of value to be held for, used for, and applied to | 38883 |
| only the purpose for which the grants, gifts, and contributions | 38884 |
| are made, from individuals, private and public corporations, the | 38885 |
| United States or any agency thereof, the state or any agency | 38886 |
| thereof, and any political subdivision of the state, and may enter | 38887 |
| into any contract with any such public or private source in | 38888 |
| connection therewith to be held for, used for, and applied to only | 38889 |
| the purposes for which such grants are made and contracts are | 38890 |
| entered into, all subject to and in accordance with the purposes | 38891 |
| of this chapter. Any money received from the grants, gifts, | 38892 |
| contributions, or contracts shall be deposited into the training, | 38893 |
| publications, and grants fund. | 38894 |
| Sec. 4123.27. Information contained in the annual statement | 38895 |
| provided for in section 4123.26 of the Revised Code, and such | 38896 |
| other information as may be furnished to the bureau of workers' | 38897 |
| compensation by employers in pursuance of that section, is for the | 38898 |
| exclusive use and information of the bureau in the discharge of | 38899 |
| its official duties, and shall not be open to the public nor be | 38900 |
| used in any court in any action or proceeding pending therein | 38901 |
| unless the bureau is a party to the action or proceeding; but the | 38902 |
| information contained in the statement may be tabulated and | 38903 |
| published by the bureau in statistical form for the use and | 38904 |
| information of other state departments and the public. No person | 38905 |
| in the employ of the bureau, except those who are authorized by | 38906 |
| the administrator of workers' compensation, shall divulge any | 38907 |
| information secured by the person while in the employ of the | 38908 |
| bureau in respect to the transactions, property, claim files, | 38909 |
| records, or papers of the bureau or in respect to the business or | 38910 |
| mechanical, chemical, or other industrial process of any company, | 38911 |
| firm, corporation, person, association, partnership, or public | 38912 |
| utility to any person other than the administrator or to the | 38913 |
| superior of such employee of the bureau. | 38914 |
| Notwithstanding the restrictions imposed by this section, the | 38915 |
| governor, select or standing committees of the general assembly, | 38916 |
| the auditor of state, the attorney general, or their designees, | 38917 |
| pursuant to the authority granted in this chapter and Chapter | 38918 |
| 4121. of the Revised Code, may examine any records, claim files, | 38919 |
| or papers in possession of the industrial commission or the | 38920 |
| bureau. They also are bound by the privilege that attaches to | 38921 |
| these papers. | 38922 |
| The administrator shall report to the director of job and | 38923 |
| family services or to the county director of job and family | 38924 |
| services the name, address, and social security number or other | 38925 |
| identification number of any person receiving workers' | 38926 |
| compensation whose name or social security number or other | 38927 |
| identification number is the same as that of a person required by | 38928 |
| a court or child support enforcement agency to provide support | 38929 |
| payments to a recipient or participant of public assistance, and | 38930 |
| whose name is submitted to the administrator by the director under | 38931 |
| section 5101.36 of the Revised Code. The administrator also shall | 38932 |
| inform the director of the amount of workers' compensation paid to | 38933 |
| the person during such period as the director specifies. | 38934 |
| Within fourteen days after receiving from the director of job | 38935 |
| and family services a list of the names and social security | 38936 |
| numbers of recipients or participants of public assistance | 38937 |
| pursuant to section 5101.181 of the Revised Code, the | 38938 |
| administrator shall inform the auditor of state of the name, | 38939 |
| current or most recent address, and social security number of each | 38940 |
| person receiving workers' compensation pursuant to this chapter | 38941 |
| whose name and social security number are the same as that of a | 38942 |
| person whose name or social security number was submitted by the | 38943 |
| director. The administrator also shall inform the auditor of state | 38944 |
| of the amount of workers' compensation paid to the person during | 38945 |
| such period as the director specifies. | 38946 |
| The bureau and its employees, except for purposes of | 38947 |
| furnishing the auditor of state with information required by this | 38948 |
| section, shall preserve the confidentiality of recipients or | 38949 |
| participants of public assistance in compliance with division (A) | 38950 |
| of section 5101.181 of the Revised Code. | 38951 |
| For the purposes of this section, "public assistance" means | 38952 |
| medical assistance provided through the medical assistance program | 38953 |
| established under section 5111.01 of the Revised Code, Ohio works | 38954 |
| first provided under Chapter 5107. of the Revised Code, | 38955 |
| prevention, retention, and contingency benefits and services | 38956 |
| provided under Chapter 5108. of the Revised Code, or disability | 38957 |
| financial assistance provided under Chapter 5115. of the Revised | 38958 |
|
Code | 38959 |
| 38960 |
| Sec. 4141.29. Each eligible individual shall receive | 38961 |
| benefits as compensation for loss of remuneration due to | 38962 |
| involuntary total or partial unemployment in the amounts and | 38963 |
| subject to the conditions stipulated in this chapter. | 38964 |
| (A) No individual is entitled to a waiting period or benefits | 38965 |
| for any week unless the individual: | 38966 |
| (1) Has filed a valid application for determination of | 38967 |
| benefit rights in accordance with section 4141.28 of the Revised | 38968 |
| Code; | 38969 |
| (2) Has made a claim for benefits in accordance with section | 38970 |
| 4141.28 of the Revised Code; | 38971 |
| (3) Has registered at an employment office or other | 38972 |
| registration place maintained or designated by the director of job | 38973 |
| and family services. Registration shall be made in accordance with | 38974 |
| the time limits, frequency, and manner prescribed by the director. | 38975 |
| (4)(a)(i) Is able to work and available for suitable work | 38976 |
| and, except as provided in division (A)(4)(a)(ii) of this section, | 38977 |
| is actively seeking suitable work either in a locality in which | 38978 |
| the individual has earned wages subject to this chapter during the | 38979 |
| individual's base period, or if the individual leaves that | 38980 |
| locality, then in a locality where suitable work normally is | 38981 |
| performed. | 38982 |
| (ii) The director may waive the requirement that a claimant | 38983 |
| be actively seeking work when the director finds that either of | 38984 |
| the following is true: | 38985 |
| (I) The individual's unemployment is directly attributable to | 38986 |
| a major disaster declared by the president of the United States | 38987 |
| pursuant to the "Disaster Relief Act of 1974," 88 Stat. 143, 42 | 38988 |
| U.S.C. 5121, and the employer whose operation was adversely | 38989 |
| affected by the disaster, requests a waiver from the director for | 38990 |
| the individual to be exempt from the requirement to actively seek | 38991 |
| suitable work; | 38992 |
| (II) The individual has been laid off and the employer who | 38993 |
| laid the individual off has notified the director within ten days | 38994 |
| after the layoff, that work is expected to be available for the | 38995 |
| individual within a specified number of days not to exceed | 38996 |
| forty-five calendar days following the last day the individual | 38997 |
| worked. In the event the individual is not recalled within the | 38998 |
| specified period, this waiver shall cease to be operative with | 38999 |
| respect to that layoff. | 39000 |
| (b) The individual shall be instructed as to the efforts that | 39001 |
| the individual must make in the search for suitable work, except | 39002 |
| where the active search for work requirement has been waived under | 39003 |
| division (A)(4)(a) of this section, and shall keep a record of | 39004 |
| where and when the individual has sought work in complying with | 39005 |
| those instructions and, upon request, shall produce that record | 39006 |
| for examination by the director. | 39007 |
| (c) An individual who is attending a training course approved | 39008 |
| by the director meets the requirement of this division, if | 39009 |
| attendance was recommended by the director and the individual is | 39010 |
| regularly attending the course and is making satisfactory | 39011 |
| progress. An individual also meets the requirements of this | 39012 |
| division if the individual is participating and advancing in a | 39013 |
| training program, as defined in division (P) of section 5709.61 of | 39014 |
| the Revised Code, and if an enterprise, defined in division (B) of | 39015 |
| section 5709.61 of the Revised Code, is paying all or part of the | 39016 |
| cost of the individual's participation in the training program | 39017 |
| with the intention of hiring the individual for employment as a | 39018 |
| new employee, as defined in division (L) of section 5709.61 of the | 39019 |
| Revised Code, for at least ninety days after the individual's | 39020 |
| completion of the training program. | 39021 |
| (d) An individual who becomes unemployed while attending a | 39022 |
| regularly established school and whose base period qualifying | 39023 |
| weeks were earned in whole or in part while attending that school, | 39024 |
| meets the availability and active search for work requirements of | 39025 |
| division (A)(4)(a) of this section if the individual regularly | 39026 |
| attends the school during weeks with respect to which the | 39027 |
| individual claims unemployment benefits and makes self available | 39028 |
| on any shift of hours for suitable employment with the | 39029 |
| individual's most recent employer or any other employer in the | 39030 |
| individual's base period, or for any other suitable employment to | 39031 |
| which the individual is directed, under this chapter. | 39032 |
| (e) The director shall adopt any rules that the director | 39033 |
| deems necessary for the administration of division (A)(4) of this | 39034 |
| section. | 39035 |
| (f) Notwithstanding any other provisions of this section, no | 39036 |
| otherwise eligible individual shall be denied benefits for any | 39037 |
| week because the individual is in training approved under section | 39038 |
| 236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 39039 |
| 2296, nor shall that individual be denied benefits by reason of | 39040 |
| leaving work to enter such training, provided the work left is not | 39041 |
| suitable employment, or because of the application to any week in | 39042 |
| training of provisions in this chapter, or any applicable federal | 39043 |
| unemployment compensation law, relating to availability for work, | 39044 |
| active search for work, or refusal to accept work. | 39045 |
| For the purposes of division (A)(4)(f) of this section, | 39046 |
| "suitable employment" means with respect to an individual, work of | 39047 |
| a substantially equal or higher skill level than the individual's | 39048 |
| past adversely affected employment, as defined for the purposes of | 39049 |
| the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and | 39050 |
| wages for such work at not less than eighty per cent of the | 39051 |
| individual's average weekly wage as determined for the purposes of | 39052 |
| that federal act. | 39053 |
| (5) Is unable to obtain suitable work. An individual who is | 39054 |
| provided temporary work assignments by the individual's employer | 39055 |
| under agreed terms and conditions of employment, and who is | 39056 |
| required pursuant to those terms and conditions to inquire with | 39057 |
| the individual's employer for available work assignments upon the | 39058 |
| conclusion of each work assignment, is not considered unable to | 39059 |
| obtain suitable employment if suitable work assignments are | 39060 |
| available with the employer but the individual fails to contact | 39061 |
| the employer to inquire about work assignments. | 39062 |
| (6) Participates in reemployment services, such as job search | 39063 |
| assistance services, if the individual has been determined to be | 39064 |
| likely to exhaust benefits under this chapter, including | 39065 |
| compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than | 39066 |
| extended compensation, and needs reemployment services pursuant to | 39067 |
| the profiling system established by the director under division | 39068 |
| (K) of this section, unless the director determines that: | 39069 |
| (a) The individual has completed such services; or | 39070 |
| (b) There is justifiable cause for the claimant's failure to | 39071 |
| participate in such services. | 39072 |
| (B) An individual suffering total or partial unemployment is | 39073 |
| eligible for benefits for unemployment occurring subsequent to a | 39074 |
| waiting period of one week and no benefits shall be payable during | 39075 |
| this required waiting period, except when the unemployment during | 39076 |
| this waiting period is directly attributable to a major disaster | 39077 |
| declared by the president of the United States pursuant to the | 39078 |
| "Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C. 5121. Not | 39079 |
| more than one week of waiting period shall be required of any | 39080 |
| individual in any benefit year in order to establish the | 39081 |
| individual's eligibility for total or partial unemployment | 39082 |
| benefits. | 39083 |
| (C) The waiting period for total or partial unemployment | 39084 |
| shall commence on the first day of the first week with respect to | 39085 |
| which the individual first files a claim for benefits at an | 39086 |
| employment office or other place of registration maintained or | 39087 |
| designated by the director or on the first day of the first week | 39088 |
| with respect to which the individual has otherwise filed a claim | 39089 |
| for benefits in accordance with the rules of the department of job | 39090 |
| and family services, provided such claim is allowed by the | 39091 |
| director. | 39092 |
| (D) Notwithstanding division (A) of this section, no | 39093 |
| individual may serve a waiting period or be paid benefits under | 39094 |
| the following conditions: | 39095 |
| (1) For any week with respect to which the director finds | 39096 |
| that: | 39097 |
| (a) The individual's unemployment was due to a labor dispute | 39098 |
| other than a lockout at any factory, establishment, or other | 39099 |
| premises located in this or any other state and owned or operated | 39100 |
| by the employer by which the individual is or was last employed; | 39101 |
| and for so long as the individual's unemployment is due to such | 39102 |
| labor dispute. No individual shall be disqualified under this | 39103 |
| provision if either of the following applies: | 39104 |
| (i) The individual's employment was with such employer at any | 39105 |
| factory, establishment, or premises located in this state, owned | 39106 |
| or operated by such employer, other than the factory, | 39107 |
| establishment, or premises at which the labor dispute exists, if | 39108 |
| it is shown that the individual is not financing, participating | 39109 |
| in, or directly interested in such labor dispute; | 39110 |
| (ii) The individual's employment was with an employer not | 39111 |
| involved in the labor dispute but whose place of business was | 39112 |
| located within the same premises as the employer engaged in the | 39113 |
| dispute, unless the individual's employer is a wholly owned | 39114 |
| subsidiary of the employer engaged in the dispute, or unless the | 39115 |
| individual actively participates in or voluntarily stops work | 39116 |
| because of such dispute. If it is established that the claimant | 39117 |
| was laid off for an indefinite period and not recalled to work | 39118 |
| prior to the dispute, or was separated by the employer prior to | 39119 |
| the dispute for reasons other than the labor dispute, or that the | 39120 |
| individual obtained a bona fide job with another employer while | 39121 |
| the dispute was still in progress, such labor dispute shall not | 39122 |
| render the employee ineligible for benefits. | 39123 |
| (b) The individual has been given a disciplinary layoff for | 39124 |
| misconduct in connection with the individual's work. | 39125 |
| (2) For the duration of the individual's unemployment if the | 39126 |
| director finds that: | 39127 |
| (a) The individual quit work without just cause or has been | 39128 |
| discharged for just cause in connection with the individual's | 39129 |
| work, provided division (D)(2) of this section does not apply to | 39130 |
| the separation of a person under any of the following | 39131 |
| circumstances: | 39132 |
| (i) Separation from employment for the purpose of entering | 39133 |
| the armed forces of the United States if the individual makes | 39134 |
| application to enter, or is inducted into the armed forces within | 39135 |
| thirty days after such separation; | 39136 |
| (ii) Separation from employment pursuant to a | 39137 |
| labor-management contract or agreement, or pursuant to an | 39138 |
| established employer plan, program, or policy, which permits the | 39139 |
| employee, because of lack of work, to accept a separation from | 39140 |
| employment; | 39141 |
| (iii) The individual has left employment to accept a recall | 39142 |
| from a prior employer or, except as provided in division | 39143 |
| (D)(2)(a)(iv) of this section, to accept other employment as | 39144 |
| provided under section 4141.291 of the Revised Code, or left or | 39145 |
| was separated from employment that was concurrent employment at | 39146 |
| the time of the most recent separation or within six weeks prior | 39147 |
| to the most recent separation where the remuneration, hours, or | 39148 |
| other conditions of such concurrent employment were substantially | 39149 |
| less favorable than the individual's most recent employment and | 39150 |
| where such employment, if offered as new work, would be considered | 39151 |
| not suitable under the provisions of divisions (E) and (F) of this | 39152 |
| section. Any benefits that would otherwise be chargeable to the | 39153 |
| account of the employer from whom an individual has left | 39154 |
| employment or was separated from employment that was concurrent | 39155 |
| employment under conditions described in division (D)(2)(a)(iii) | 39156 |
| of this section, shall instead be charged to the mutualized | 39157 |
| account created by division (B) of section 4141.25 of the Revised | 39158 |
| Code, except that any benefits chargeable to the account of a | 39159 |
| reimbursing employer under division (D)(2)(a)(iii) of this section | 39160 |
| shall be charged to the account of the reimbursing employer and | 39161 |
| not to the mutualized account, except as provided in division | 39162 |
| (D)(2) of section 4141.24 of the Revised Code. | 39163 |
| (iv) When an individual has been issued a definite layoff | 39164 |
| date by the individual's employer and before the layoff date, the | 39165 |
| individual quits to accept other employment, the provisions of | 39166 |
| division (D)(2)(a)(iii) of this section apply and no | 39167 |
| disqualification shall be imposed under division (D) of this | 39168 |
| section. However, if the individual fails to meet the employment | 39169 |
| and earnings requirements of division (A)(2) of section 4141.291 | 39170 |
| of the Revised Code, then the individual, pursuant to division | 39171 |
| (A)(5) of this section, shall be ineligible for benefits for any | 39172 |
| week of unemployment that occurs prior to the layoff date. | 39173 |
| (b) The individual has refused without good cause to accept | 39174 |
| an offer of suitable work when made by an employer either in | 39175 |
| person or to the individual's last known address, or has refused | 39176 |
| or failed to investigate a referral to suitable work when directed | 39177 |
| to do so by a local employment office of this state or another | 39178 |
| state, provided that this division shall not cause a | 39179 |
| disqualification for a waiting week or benefits under the | 39180 |
| following circumstances: | 39181 |
| (i) When work is offered by the individual's employer and the | 39182 |
| individual is not required to accept the offer pursuant to the | 39183 |
| terms of the labor-management contract or agreement; or | 39184 |
| (ii) When the individual is attending a vocational training | 39185 |
| course pursuant to division (A)(4) of this section except, in the | 39186 |
| event of a refusal to accept an offer of suitable work or a | 39187 |
| refusal or failure to investigate a referral, benefits thereafter | 39188 |
| paid to such individual shall not be charged to the account of any | 39189 |
| employer and, except as provided in division (B)(1)(b) of section | 39190 |
| 4141.241 of the Revised Code, shall be charged to the mutualized | 39191 |
| account as provided in division (B) of section 4141.25 of the | 39192 |
| Revised Code. | 39193 |
| (c) Such individual quit work to marry or because of marital, | 39194 |
| parental, filial, or other domestic obligations. | 39195 |
| (d) The individual has knowingly made a false statement or | 39196 |
| representation or knowingly failed to report any material fact | 39197 |
| with the object of obtaining benefits to which the individual is | 39198 |
| not entitled. | 39199 |
| (e) The individual became unemployed by reason of commitment | 39200 |
| to any correctional institution. | 39201 |
| (f) The individual became unemployed because of dishonesty in | 39202 |
| connection with the individual's most recent or any base period | 39203 |
| work. Remuneration earned in such work shall be excluded from the | 39204 |
| individual's total base period remuneration and qualifying weeks | 39205 |
| that otherwise would be credited to the individual for such work | 39206 |
| in the individual's base period shall not be credited for the | 39207 |
| purpose of determining the total benefits to which the individual | 39208 |
| is eligible and the weekly benefit amount to be paid under section | 39209 |
| 4141.30 of the Revised Code. Such excluded remuneration and | 39210 |
| noncredited qualifying weeks shall be excluded from the | 39211 |
| calculation of the maximum amount to be charged, under division | 39212 |
| (D) of section 4141.24 and section 4141.33 of the Revised Code, | 39213 |
| against the accounts of the individual's base period employers. In | 39214 |
| addition, no benefits shall thereafter be paid to the individual | 39215 |
| based upon such excluded remuneration or noncredited qualifying | 39216 |
| weeks. | 39217 |
| For purposes of division (D)(2)(f) of this section, | 39218 |
| "dishonesty" means the commission of substantive theft, fraud, or | 39219 |
| deceitful acts. | 39220 |
| (E) No individual otherwise qualified to receive benefits | 39221 |
| shall lose the right to benefits by reason of a refusal to accept | 39222 |
| new work if: | 39223 |
| (1) As a condition of being so employed the individual would | 39224 |
| be required to join a company union, or to resign from or refrain | 39225 |
| from joining any bona fide labor organization, or would be denied | 39226 |
| the right to retain membership in and observe the lawful rules of | 39227 |
| any such organization. | 39228 |
| (2) The position offered is vacant due directly to a strike, | 39229 |
| lockout, or other labor dispute. | 39230 |
| (3) The work is at an unreasonable distance from the | 39231 |
| individual's residence, having regard to the character of the work | 39232 |
| the individual has been accustomed to do, and travel to the place | 39233 |
| of work involves expenses substantially greater than that required | 39234 |
| for the individual's former work, unless the expense is provided | 39235 |
| for. | 39236 |
| (4) The remuneration, hours, or other conditions of the work | 39237 |
| offered are substantially less favorable to the individual than | 39238 |
| those prevailing for similar work in the locality. | 39239 |
| (F) Subject to the special exceptions contained in division | 39240 |
| (A)(4)(f) of this section and section 4141.301 of the Revised | 39241 |
| Code, in determining whether any work is suitable for a claimant | 39242 |
| in the administration of this chapter, the director, in addition | 39243 |
| to the determination required under division (E) of this section, | 39244 |
| shall consider the degree of risk to the claimant's health, | 39245 |
| safety, and morals, the individual's physical fitness for the | 39246 |
| work, the individual's prior training and experience, the length | 39247 |
| of the individual's unemployment, the distance of the available | 39248 |
| work from the individual's residence, and the individual's | 39249 |
| prospects for obtaining local work. | 39250 |
| (G) The "duration of unemployment" as used in this section | 39251 |
| means the full period of unemployment next ensuing after a | 39252 |
| separation from any base period or subsequent work and until an | 39253 |
| individual has become reemployed in employment subject to this | 39254 |
| chapter, or the unemployment compensation act of another state, or | 39255 |
| of the United States, and until such individual has worked six | 39256 |
| weeks and for those weeks has earned or been paid remuneration | 39257 |
| equal to six times an average weekly wage of not less than: | 39258 |
| eighty-five dollars and ten cents per week beginning on June 26, | 39259 |
| 1990; and beginning on and after January 1, 1992, twenty-seven and | 39260 |
| one-half per cent of the statewide average weekly wage as computed | 39261 |
| each first day of January under division (B)(3) of section 4141.30 | 39262 |
| of the Revised Code, rounded down to the nearest dollar, except | 39263 |
| for purposes of division (D)(2)(c) of this section, such term | 39264 |
| means the full period of unemployment next ensuing after a | 39265 |
| separation from such work and until such individual has become | 39266 |
| reemployed subject to the terms set forth above, and has earned | 39267 |
| wages equal to one-half of the individual's average weekly wage or | 39268 |
| sixty dollars, whichever is less. | 39269 |
| (H) If a claimant is disqualified under division (D)(2)(a), | 39270 |
| (c), or (e) of this section or found to be qualified under the | 39271 |
| exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of | 39272 |
| this section or division (A)(2) of section 4141.291 of the Revised | 39273 |
| Code, then benefits that may become payable to such claimant, | 39274 |
| which are chargeable to the account of the employer from whom the | 39275 |
| individual was separated under such conditions, shall be charged | 39276 |
| to the mutualized account provided in section 4141.25 of the | 39277 |
| Revised Code, provided that no charge shall be made to the | 39278 |
| mutualized account for benefits chargeable to a reimbursing | 39279 |
| employer, except as provided in division (D)(2) of section 4141.24 | 39280 |
| of the Revised Code. In the case of a reimbursing employer, the | 39281 |
| director shall refund or credit to the account of the reimbursing | 39282 |
| employer any over-paid benefits that are recovered under division | 39283 |
| (B) of section 4141.35 of the Revised Code. | 39284 |
| (I)(1) Benefits based on service in employment as provided in | 39285 |
| divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code | 39286 |
| shall be payable in the same amount, on the same terms, and | 39287 |
| subject to the same conditions as benefits payable on the basis of | 39288 |
| other service subject to this chapter; except that after December | 39289 |
| 31, 1977: | 39290 |
| (a) Benefits based on service in an instructional, research, | 39291 |
| or principal administrative capacity in an institution of higher | 39292 |
| education, as defined in division (Y) of section 4141.01 of the | 39293 |
| Revised Code; or for an educational institution as defined in | 39294 |
| division (CC) of section 4141.01 of the Revised Code, shall not be | 39295 |
| paid to any individual for any week of unemployment that begins | 39296 |
| during the period between two successive academic years or terms, | 39297 |
| or during a similar period between two regular but not successive | 39298 |
| terms or during a period of paid sabbatical leave provided for in | 39299 |
| the individual's contract, if the individual performs such | 39300 |
| services in the first of those academic years or terms and has a | 39301 |
| contract or a reasonable assurance that the individual will | 39302 |
| perform services in any such capacity for any such institution in | 39303 |
| the second of those academic years or terms. | 39304 |
| (b) Benefits based on service for an educational institution | 39305 |
| or an institution of higher education in other than an | 39306 |
| instructional, research, or principal administrative capacity, | 39307 |
| shall not be paid to any individual for any week of unemployment | 39308 |
| which begins during the period between two successive academic | 39309 |
| years or terms of the employing educational institution or | 39310 |
| institution of higher education, provided the individual performed | 39311 |
| those services for the educational institution or institution of | 39312 |
| higher education during the first such academic year or term and, | 39313 |
| there is a reasonable assurance that such individual will perform | 39314 |
| those services for any educational institution or institution of | 39315 |
| higher education in the second of such academic years or terms. | 39316 |
| An individual whose transportation staff position with a | 39317 |
| school district has been terminated pursuant to section 3319.0810 | 39318 |
| of the Revised Code effective at the end of any academic year or | 39319 |
| term has a reasonable assurance of performing services in the next | 39320 |
| succeeding academic year or term for an educational institution, | 39321 |
| an institution of higher education, or an educational service | 39322 |
| agency, as defined in division (I)(1)(d) of this section, or for a | 39323 |
| nonpublic employer that provides transportation services under | 39324 |
| contract with the school district under section 3319.0810 of the | 39325 |
| Revised Code. Therefore, such an individual is not entitled to | 39326 |
| benefits under this chapter during the period between the academic | 39327 |
| year or term in which the individual's position was terminated and | 39328 |
| the next succeeding academic year or term unless the individual is | 39329 |
| not offered an opportunity to perform those services for such | 39330 |
| entities in the next succeeding academic year or term. | 39331 |
| If compensation is denied to any individual for any week | 39332 |
| under division (I)(1)(b) of this section and the individual was | 39333 |
| not offered an opportunity to perform those services for an | 39334 |
| institution of higher education or for an educational institution | 39335 |
| for the second of such academic years or terms, the individual is | 39336 |
| entitled to a retroactive payment of compensation for each week | 39337 |
| for which the individual timely filed a claim for compensation and | 39338 |
| for which compensation was denied solely by reason of division | 39339 |
| (I)(1)(b) of this section. An application for retroactive benefits | 39340 |
| shall be timely filed if received by the director or the | 39341 |
| director's deputy within or prior to the end of the fourth full | 39342 |
| calendar week after the end of the period for which benefits were | 39343 |
| denied because of reasonable assurance of employment. The | 39344 |
| provision for the payment of retroactive benefits under division | 39345 |
| (I)(1)(b) of this section is applicable to weeks of unemployment | 39346 |
| beginning on and after November 18, 1983. The provisions under | 39347 |
| division (I)(1)(b) of this section shall be retroactive to | 39348 |
| September 5, 1982, only if, as a condition for full tax credit | 39349 |
| against the tax imposed by the "Federal Unemployment Tax Act," 53 | 39350 |
| Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States | 39351 |
| secretary of labor determines that retroactivity is required by | 39352 |
| federal law. | 39353 |
| (c) With respect to weeks of unemployment beginning after | 39354 |
| December 31, 1977, benefits shall be denied to any individual for | 39355 |
| any week which commences during an established and customary | 39356 |
| vacation period or holiday recess, if the individual performs any | 39357 |
| services described in divisions (I)(1)(a) and (b) of this section | 39358 |
| in the period immediately before the vacation period or holiday | 39359 |
| recess, and there is a reasonable assurance that the individual | 39360 |
| will perform any such services in the period immediately following | 39361 |
| the vacation period or holiday recess. | 39362 |
| (d) With respect to any services described in division | 39363 |
| (I)(1)(a), (b), or (c) of this section, benefits payable on the | 39364 |
| basis of services in any such capacity shall be denied as | 39365 |
| specified in division (I)(1)(a), (b), or (c) of this section to | 39366 |
| any individual who performs such services in an educational | 39367 |
| institution or institution of higher education while in the employ | 39368 |
| of an educational service agency. For this purpose, the term | 39369 |
| "educational service agency" means a governmental agency or | 39370 |
| governmental entity that is established and operated exclusively | 39371 |
| for the purpose of providing services to one or more educational | 39372 |
| institutions or one or more institutions of higher education. | 39373 |
| (e) Any individual employed by a public school district or a | 39374 |
| county board of mental retardation shall be notified by the | 39375 |
| thirtieth day of April each year if the individual is not to be | 39376 |
| reemployed the following academic year. | 39377 |
| (2) No disqualification will be imposed, between academic | 39378 |
| years or terms or during a vacation period or holiday recess under | 39379 |
| this division, unless the director or the director's deputy has | 39380 |
| received a statement in writing from the educational institution | 39381 |
| or institution of higher education that the claimant has a | 39382 |
| contract for, or a reasonable assurance of, reemployment for the | 39383 |
| ensuing academic year or term. | 39384 |
| (3) If an individual has employment with an educational | 39385 |
| institution or an institution of higher education and employment | 39386 |
| with a noneducational employer, during the base period of the | 39387 |
| individual's benefit year, then the individual may become eligible | 39388 |
| for benefits during the between-term, or vacation or holiday | 39389 |
| recess, disqualification period, based on employment performed for | 39390 |
| the noneducational employer, provided that the employment is | 39391 |
| sufficient to qualify the individual for benefit rights separately | 39392 |
| from the benefit rights based on school employment. The weekly | 39393 |
| benefit amount and maximum benefits payable during a | 39394 |
| disqualification period shall be computed based solely on the | 39395 |
| nonschool employment. | 39396 |
| (J) Benefits shall not be paid on the basis of employment | 39397 |
| performed by an alien, unless the alien had been lawfully admitted | 39398 |
| to the United States for permanent residence at the time the | 39399 |
| services were performed, was lawfully present for purposes of | 39400 |
| performing the services, or was otherwise permanently residing in | 39401 |
| the United States under color of law at the time the services were | 39402 |
| performed, under section 212(d)(5) of the "Immigration and | 39403 |
| Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 39404 |
| (1) Any data or information required of individuals applying | 39405 |
| for benefits to determine whether benefits are not payable to them | 39406 |
| because of their alien status shall be uniformly required from all | 39407 |
| applicants for benefits. | 39408 |
| (2) In the case of an individual whose application for | 39409 |
| benefits would otherwise be approved, no determination that | 39410 |
| benefits to the individual are not payable because of the | 39411 |
| individual's alien status shall be made except upon a | 39412 |
| preponderance of the evidence that the individual had not, in | 39413 |
| fact, been lawfully admitted to the United States. | 39414 |
| (K) The director shall establish and utilize a system of | 39415 |
| profiling all new claimants under this chapter that: | 39416 |
| (1) Identifies which claimants will be likely to exhaust | 39417 |
| regular compensation and will need job search assistance services | 39418 |
| to make a successful transition to new employment; | 39419 |
| (2) Refers claimants identified pursuant to division (K)(1) | 39420 |
| of this section to reemployment services, such as job search | 39421 |
| assistance services, available under any state or federal law; | 39422 |
| (3) Collects follow-up information relating to the services | 39423 |
| received by such claimants and the employment outcomes for such | 39424 |
| claimant's subsequent to receiving such services and utilizes such | 39425 |
| information in making identifications pursuant to division (K)(1) | 39426 |
| of this section; and | 39427 |
| (4) Meets such other requirements as the United States | 39428 |
| secretary of labor determines are appropriate. | 39429 |
| Sec. 4301.10. (A) The division of liquor control shall do | 39430 |
| all of the following: | 39431 |
| (1) Control the traffic in beer and intoxicating liquor in | 39432 |
| this state, including the manufacture, importation, and sale of | 39433 |
| beer and intoxicating liquor; | 39434 |
| (2) Grant or refuse permits for the manufacture, | 39435 |
| distribution, transportation, and sale of beer and intoxicating | 39436 |
| liquor and the sale of alcohol, as authorized or required by this | 39437 |
| chapter and Chapter 4303. of the Revised Code. A certificate, | 39438 |
| signed by the superintendent of liquor control and to which is | 39439 |
| affixed the official seal of the division, stating that it appears | 39440 |
| from the records of the division that no permit has been issued to | 39441 |
| the person specified in the certificate, or that a permit, if | 39442 |
| issued, has been revoked, canceled, or suspended, shall be | 39443 |
| received as prima-facie evidence of the facts recited in the | 39444 |
| certificate in any court or before any officer of this state. | 39445 |
| (3) Put into operation, manage, and control a system of state | 39446 |
| liquor stores for the sale of spirituous liquor at retail and to | 39447 |
| holders of permits authorizing the sale of spirituous liquor; | 39448 |
| however, the division shall not establish any drive-in state | 39449 |
| liquor stores; and by means of those types of stores, and any | 39450 |
| manufacturing plants, distributing and bottling plants, | 39451 |
| warehouses, and other facilities that it considers expedient, | 39452 |
| establish and maintain a state monopoly of the distribution of | 39453 |
| spirituous liquor and its sale in packages or containers; and for | 39454 |
| that purpose, manufacture, buy, import, possess, and sell | 39455 |
| spirituous liquors as provided in this chapter and Chapter 4303. | 39456 |
| of the Revised Code, and in the rules promulgated by the | 39457 |
| superintendent of liquor control pursuant to those chapters; lease | 39458 |
| or in any manner acquire the use of any land or building required | 39459 |
| for any of those purposes; purchase any equipment that is | 39460 |
| required; and borrow money to carry on its business, and issue, | 39461 |
| sign, endorse, and accept notes, checks, and bills of exchange; | 39462 |
| but all obligations of the division created under authority of | 39463 |
| this division shall be a charge only upon the moneys received by | 39464 |
| the division from the sale of spirituous liquor and its other | 39465 |
| business transactions in connection with the sale of spirituous | 39466 |
| liquor, and shall not be general obligations of the state; | 39467 |
| (4) Enforce the administrative provisions of this chapter and | 39468 |
| Chapter 4303. of the Revised Code, and the rules and orders of the | 39469 |
| liquor control commission and the superintendent relating to the | 39470 |
| manufacture, importation, transportation, distribution, and sale | 39471 |
| of beer | 39472 |
| any prosecuting attorney, and any prosecuting officer of a | 39473 |
| municipal corporation or a municipal court shall, at the request | 39474 |
| of the division of liquor control or the department of public | 39475 |
| safety, prosecute any person charged with the violation of any | 39476 |
| provision in those chapters or of any section of the Revised Code | 39477 |
| relating to the manufacture, importation, transportation, | 39478 |
|
distribution, and sale
of beer | 39479 |
| (5) Determine the locations of all state liquor stores and | 39480 |
| manufacturing, distributing, and bottling plants required in | 39481 |
| connection with those stores, subject to this chapter and Chapter | 39482 |
| 4303. of the Revised Code; | 39483 |
| (6) Conduct inspections of liquor permit premises to | 39484 |
| determine compliance with the administrative provisions of this | 39485 |
| chapter and Chapter 4303. of the Revised Code and the rules | 39486 |
| adopted under those provisions by the liquor control commission. | 39487 |
| Except as otherwise provided in division (A)(6) of this | 39488 |
| section, those inspections may be conducted only during those | 39489 |
| hours in which the permit holder is open for business and only by | 39490 |
| authorized agents or employees of the division or by any peace | 39491 |
| officer, as defined in section 2935.01 of the Revised Code. | 39492 |
| Inspections may be conducted at other hours only to determine | 39493 |
| compliance with laws or commission rules that regulate the hours | 39494 |
|
of sale of beer | 39495 |
| investigator has reasonable cause to believe that those laws or | 39496 |
| rules are being violated. Any inspection conducted pursuant to | 39497 |
| division (A)(6) of this section is subject to all of the following | 39498 |
| requirements: | 39499 |
| (a) The only property that may be confiscated is contraband, | 39500 |
| as defined in section 2901.01 of the Revised Code, or property | 39501 |
| that is otherwise necessary for evidentiary purposes. | 39502 |
| (b) A complete inventory of all property confiscated from the | 39503 |
| premises shall be given to the permit holder or the permit | 39504 |
| holder's agent or employee by the confiscating agent or officer at | 39505 |
| the conclusion of the inspection. At that time, the inventory | 39506 |
| shall be signed by the confiscating agent or officer, and the | 39507 |
| agent or officer shall give the permit holder or the permit | 39508 |
| holder's agent or employee the opportunity to sign the inventory. | 39509 |
| (c) Inspections conducted pursuant to division (A)(6) of this | 39510 |
| section shall be conducted in a reasonable manner. A finding by | 39511 |
| any court of competent jurisdiction that | 39512 |
| conducted in a reasonable manner in accordance with this section | 39513 |
|
or any rules | 39514 |
| considered grounds for suppression of evidence. A finding by the | 39515 |
| 39516 | |
| in a reasonable manner in accordance with this section or any | 39517 |
| rules
| 39518 |
| grounds for dismissal of the commission case. | 39519 |
| If any court of competent jurisdiction finds that property | 39520 |
| confiscated as the result of an administrative inspection is not | 39521 |
| necessary for evidentiary purposes and is not contraband, as | 39522 |
| defined in section 2901.01 of the Revised Code, the court shall | 39523 |
| order the immediate return of the confiscated property, provided | 39524 |
| that property is not otherwise subject to forfeiture, to the | 39525 |
| permit holder. However, the return of this property is not grounds | 39526 |
| for dismissal of the case. The commission likewise may order the | 39527 |
| return of confiscated property if no criminal prosecution is | 39528 |
| pending or anticipated. | 39529 |
| (7) Delegate to any of its agents or employees any power of | 39530 |
| investigation that the division possesses with respect to the | 39531 |
|
enforcement of any of the administrative laws relating to beer | 39532 |
| or intoxicating liquor, provided that this division does not | 39533 |
| authorize the division to designate any agent or employee to serve | 39534 |
| as an enforcement agent. The employment and designation of | 39535 |
| enforcement agents shall be within the exclusive authority of the | 39536 |
| director of public safety pursuant to sections 5502.13 to 5502.19 | 39537 |
| of the Revised Code. | 39538 |
| (8) Collect the following fees: | 39539 |
| (a) A biennial | 39540 |
| each agent, solicitor, or salesperson, registered pursuant to | 39541 |
| section 4303.25 of the Revised Code, of a beer or intoxicating | 39542 |
| liquor manufacturer, supplier, broker, or wholesale distributor | 39543 |
| doing business in this state; | 39544 |
| (b) A fifty-dollar product registration fee for each new beer | 39545 |
| or intoxicating liquor product sold in this state. The product | 39546 |
| registration fee shall be accompanied by a copy of the federal | 39547 |
| label and product approval for the new product. | 39548 |
| (c) An annual three-hundred-dollar supplier registration fee | 39549 |
| from each manufacturer or supplier that produces and ships into | 39550 |
| this state, or ships into this state, intoxicating liquor or beer, | 39551 |
| in addition to an initial application fee of one hundred dollars. | 39552 |
| Each supplier, agent, solicitor, or salesperson registration | 39553 |
| issued under this division shall authorize the person named to | 39554 |
| carry on the activity specified in the registration. Each agent, | 39555 |
| solicitor, or salesperson registration is valid for two years or | 39556 |
| for the unexpired portion of a two-year registration period. Each | 39557 |
| supplier registration is valid for one year or for the unexpired | 39558 |
| portion of a one-year registration period. Registrations shall end | 39559 |
| on their respective uniform expiration date, which shall be | 39560 |
| designated by the division, and are subject to suspension, | 39561 |
| revocation, cancellation, or fine as authorized by this chapter | 39562 |
| and Chapter 4303. of the Revised Code. | 39563 |
| (9) Establish a system of electronic data interchange within | 39564 |
| the division and regulate the electronic transfer of information | 39565 |
| and funds among persons and governmental entities engaged in the | 39566 |
| manufacture, distribution, and retail sale of alcoholic beverages; | 39567 |
| (10) Exercise all other powers expressly or by necessary | 39568 |
| implication conferred upon the division by this chapter and | 39569 |
| Chapter 4303. of the Revised Code, and all powers necessary for | 39570 |
| the exercise or discharge of any power, duty, or function | 39571 |
| expressly conferred or imposed upon the division by those | 39572 |
| chapters. | 39573 |
| (B) The division may do all of the following: | 39574 |
| (1) Sue, but may be sued only in connection with the | 39575 |
| execution of leases of real estate and the purchases and contracts | 39576 |
| necessary for the operation of the state liquor stores that are | 39577 |
| made under this chapter and Chapter 4303. of the Revised Code; | 39578 |
| (2) Enter into leases and contracts of all descriptions and | 39579 |
| acquire and transfer title to personal property with regard to the | 39580 |
| sale, distribution, and storage of spirituous liquor within the | 39581 |
| state; | 39582 |
| (3) Terminate at will any lease entered into pursuant to | 39583 |
| division (B)(2) of this section upon first giving ninety days' | 39584 |
| notice in writing to the lessor of its intention to do so; | 39585 |
| (4) Fix the wholesale and retail prices at which the various | 39586 |
| classes, varieties, and brands of spirituous liquor shall be sold | 39587 |
| by the division. Those retail prices shall be the same at all | 39588 |
| state liquor stores, except to the extent that a price | 39589 |
| differential is required to collect a county sales tax levied | 39590 |
| pursuant to section 5739.021 of the Revised Code and for which tax | 39591 |
| the tax commissioner has authorized prepayment pursuant to section | 39592 |
| 5739.05 of the Revised Code. In fixing selling prices, the | 39593 |
| division shall compute an anticipated gross profit at least | 39594 |
| sufficient to provide in each calendar year all costs and expenses | 39595 |
| of the division and also an adequate working capital reserve for | 39596 |
| the division. The gross profit shall not exceed forty per cent of | 39597 |
| the retail selling price based on costs of the division, and in | 39598 |
| addition the sum required by section 4301.12 of the Revised Code | 39599 |
| to be paid into the state treasury. An amount equal to one and | 39600 |
| one-half per cent of that gross profit shall be paid into the | 39601 |
| statewide treatment and prevention fund created by section 4301.30 | 39602 |
| of the Revised Code and be appropriated by the general assembly | 39603 |
| from the fund to the department of alcohol and drug addiction | 39604 |
| services as provided in section 4301.30 of the Revised Code. | 39605 |
| On spirituous liquor manufactured in this state from the | 39606 |
| juice of grapes or fruits grown in this state, the division shall | 39607 |
| compute an anticipated gross profit of not to exceed ten per cent. | 39608 |
| 39609 |
| The wholesale prices fixed under this division shall be at a | 39610 |
| discount of not less
than | 39611 |
| retail selling prices as determined by the division in accordance | 39612 |
| with this section. | 39613 |
| (C) The division may approve the expansion or diminution of a | 39614 |
| premises to which a liquor permit has been issued and may adopt | 39615 |
| standards governing such an expansion or diminution. | 39616 |
| Sec. 4301.42. For the purpose of providing revenue for the | 39617 |
| support of the state, a tax is hereby levied on the sale of beer | 39618 |
| in sealed bottles and cans having twelve ounces or less of liquid | 39619 |
|
content,
at the rate of | 39620 |
| one cent on each ounce of liquid content or fractional part of | 39621 |
| each ounce of liquid content, and on such containers in excess of | 39622 |
| twelve ounces,
at the rate of | 39623 |
|
one-hundredths | 39624 |
| content or fractional part of each six ounces of liquid content. | 39625 |
| Sections 4307.01 to 4307.12 of the Revised Code apply in the | 39626 |
| administration of that tax. Manufacturers, bottlers, and canners | 39627 |
| of and wholesale dealers in beer have the duty to pay the tax | 39628 |
| imposed by this section and are entitled to the privileges in the | 39629 |
| manner provided in section 4303.33 of the Revised Code. | 39630 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 39631 |
| the Revised Code: | 39632 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 39633 |
| fluid ounces. | 39634 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 39635 |
| distribution, and, except with respect to A-4 permit holders, | 39636 |
| offer for sale. | 39637 |
| (B) For the purposes of providing revenues for the support of | 39638 |
| the state and encouraging the grape industries in the state, a tax | 39639 |
| is hereby levied on the sale or distribution of wine in Ohio, | 39640 |
|
except for known sacramental purposes, at the rate of | 39641 |
| cents per wine gallon for wine containing not less than four per | 39642 |
| cent of alcohol by volume and not more than fourteen per cent of | 39643 |
|
alcohol
by volume, | 39644 |
| per wine gallon for wine containing more than fourteen per cent | 39645 |
| but not more than
twenty-one per cent
of alcohol by volume, | 39646 |
| 39647 | |
| vermouth, and | 39648 |
| cents per wine gallon for sparkling and carbonated wine and | 39649 |
| champagne, the tax to be paid by the holders of A-2 and B-5 | 39650 |
| permits or by any other person selling or distributing wine upon | 39651 |
| which no tax has been paid. From the tax paid under this section | 39652 |
| on wine, vermouth, and sparkling and carbonated wine and | 39653 |
| champagne, the treasurer of state shall credit to the Ohio grape | 39654 |
| industries fund created under section 924.54 of the Revised Code a | 39655 |
| sum equal to one cent per gallon for each gallon upon which the | 39656 |
| tax is paid. | 39657 |
| (C) For the purpose of providing revenues for the support of | 39658 |
| the state, there is hereby levied a tax on prepared and bottled | 39659 |
| highballs, cocktails, cordials, and other mixed beverages at the | 39660 |
|
rate of | 39661 |
| gallon to be paid by holders of A-4 permits or by any other person | 39662 |
| selling or distributing those products upon which no tax has been | 39663 |
| paid. Only one sale of the same article shall be used in computing | 39664 |
| the amount of tax due. The tax on mixed beverages to be paid by | 39665 |
| holders of A-4 permits under this section shall not attach until | 39666 |
| the ownership of the mixed beverage is transferred for valuable | 39667 |
| consideration to a wholesaler or retailer, and no payment of the | 39668 |
| tax shall be required prior to that time. | 39669 |
| (D) During the period
of July 1,
| 39670 |
| 39671 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 39672 |
| state shall credit to the Ohio grape industries fund created under | 39673 |
| section 924.54 of the Revised Code a sum equal to two cents per | 39674 |
| gallon upon which the tax is paid. The amount credited under this | 39675 |
| division is in addition to the amount credited to the Ohio grape | 39676 |
| industries fund under division (B) of this section. | 39677 |
| (E) For the purpose of providing revenues for the support of | 39678 |
| the state, there is hereby levied a tax on cider at the rate of | 39679 |
| 39680 | |
| holders of A-2 and B-5 permits or by any other person selling or | 39681 |
| distributing cider upon which no tax has been paid. Only one sale | 39682 |
| of the same article shall be used in computing the amount of the | 39683 |
| tax due. | 39684 |
| Sec. 4305.01. For the purpose of reimbursing the state for | 39685 |
| the expenses of administering Chapters 4301. and 4303. of the | 39686 |
| Revised Code and to provide revenues for the support of the state, | 39687 |
| a tax is hereby levied on the sale or distribution in this state | 39688 |
| of beer, whether in barrels or other containers, excepting in | 39689 |
|
sealed bottles or cans, at the rate of | 39690 |
| 39691 |
| The tax commissioner shall exercise, with respect to the | 39692 |
| administration of the tax imposed by this section, all the powers | 39693 |
| and duties vested in or imposed by sections 4307.04 to 4307.07 of | 39694 |
| the Revised Code, so far as consistent with this section. | 39695 |
| Manufacturers and consignees of beer in barrels or other | 39696 |
| containers, excepting in sealed bottles or cans, and railroad | 39697 |
| companies, express companies, and other public carriers | 39698 |
| transporting shipments of such beer are subject, with respect to | 39699 |
| such tax, to the same duties and entitled to the same privileges | 39700 |
| as are required or permitted by those sections. | 39701 |
| The revenue derived from the tax on the sale and distribution | 39702 |
| of beer pursuant to this section and section 4301.42 of the | 39703 |
| Revised Code shall be for the use of the general revenue fund. | 39704 |
| The tax refund fund created by section 5703.052 of the | 39705 |
| Revised Code may be drawn upon by the tax commissioner for any | 39706 |
| refunds authorized to be made by the commissioner in sections | 39707 |
| 4303.33, 4307.05, and 4307.07 of the Revised Code for beer. | 39708 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 39709 |
| shall be made in a form prescribed by the registrar of motor | 39710 |
| vehicles and shall be sworn to before a notary public or other | 39711 |
| officer empowered to administer oaths. The application shall be | 39712 |
| filed with the clerk of any court of common pleas. An application | 39713 |
| for a certificate of title may be filed electronically by any | 39714 |
| electronic means approved by the registrar in any county with the | 39715 |
| clerk of the court of common pleas of that county. Any payments | 39716 |
| required by this chapter shall be considered as accompanying any | 39717 |
| electronically transmitted application when payment actually is | 39718 |
| received by the clerk. Payment of any fee or taxes may be made by | 39719 |
| electronic transfer of funds. | 39720 |
| (2) The application for a certificate of title shall be | 39721 |
| accompanied by the fee prescribed in section 4505.09 of the | 39722 |
| Revised Code. The fee shall be retained by the clerk who issues | 39723 |
| the certificate of title and shall be distributed in accordance | 39724 |
| with that section. If a clerk of a court of common pleas, other | 39725 |
| than the clerk of the court of common pleas of an applicant's | 39726 |
| county of residence, issues a certificate of title to the | 39727 |
| applicant, the clerk shall transmit data related to the | 39728 |
| transaction to the automated title processing system. | 39729 |
| (3) If a certificate of title previously has been issued for | 39730 |
| a motor vehicle in this state, the application for a certificate | 39731 |
| of title also shall be accompanied by that certificate of title | 39732 |
| duly assigned, unless otherwise provided in this chapter. If a | 39733 |
| certificate of title previously has not been issued for the motor | 39734 |
| vehicle in this state, the application, unless otherwise provided | 39735 |
| in this chapter, shall be accompanied by a manufacturer's or | 39736 |
| importer's certificate or by a certificate of title of another | 39737 |
| state from which the motor vehicle was brought into this state. If | 39738 |
| the application refers to a motor vehicle last previously | 39739 |
| registered in another state, the application also shall be | 39740 |
| accompanied by the physical inspection certificate required by | 39741 |
| section 4505.061 of the Revised Code. If the application is made | 39742 |
| by two persons regarding a motor vehicle in which they wish to | 39743 |
| establish joint ownership with right of survivorship, they may do | 39744 |
| so as provided in section 2131.12 of the Revised Code. If the | 39745 |
| applicant requests a designation of the motor vehicle in | 39746 |
| beneficiary form so that upon the death of the owner of the motor | 39747 |
| vehicle, ownership of the motor vehicle will pass to a designated | 39748 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 39749 |
| do so as provided in section 2131.13 of the Revised Code. A person | 39750 |
| who establishes ownership of a motor vehicle that is transferable | 39751 |
| on death in accordance with section 2131.13 of the Revised Code | 39752 |
| may terminate that type of ownership or change the designation of | 39753 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 39754 |
| a certificate of title pursuant to this section. The clerk shall | 39755 |
| retain the evidence of title presented by the applicant and on | 39756 |
| which the certificate of title is issued, except that, if an | 39757 |
| application for a certificate of title is filed electronically by | 39758 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 39759 |
| motor vehicle, the clerk shall retain the completed electronic | 39760 |
| record to which the dealer converted the certificate of title | 39761 |
| application and other required documents. The registrar, after | 39762 |
| consultation with the attorney general, shall adopt rules that | 39763 |
| govern the location at which, and the manner in which, are stored | 39764 |
| the actual application and all other documents relating to the | 39765 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 39766 |
| files the application for a certificate of title electronically on | 39767 |
| behalf of the purchaser. | 39768 |
| The clerk shall use reasonable diligence in ascertaining | 39769 |
| whether or not the facts in the application for a certificate of | 39770 |
| title are true by checking the application and documents | 39771 |
| accompanying it or the electronic record to which a dealer | 39772 |
| converted the application and accompanying documents with the | 39773 |
| records of motor vehicles in the clerk's office. If the clerk is | 39774 |
| satisfied that the applicant is the owner of the motor vehicle and | 39775 |
| that the application is in the proper form, the clerk, within five | 39776 |
| business days after the application is filed, shall issue a | 39777 |
| physical certificate of title over the clerk's signature and | 39778 |
| sealed with the clerk's seal, unless the applicant specifically | 39779 |
| requests the clerk not to issue a physical certificate of title | 39780 |
| and instead to issue an electronic certificate of title. For | 39781 |
| purposes of the transfer of a certificate of title, if the clerk | 39782 |
| is satisfied that the secured party has duly discharged a lien | 39783 |
| notation but has not canceled the lien notation with a clerk, the | 39784 |
| clerk may cancel the lien notation on the automated title | 39785 |
| processing system and notify the clerk of the county of origin. | 39786 |
| (4) In the case of the sale of a motor vehicle to a general | 39787 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 39788 |
| selling the motor vehicle to the lessee or, in a case in which the | 39789 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 39790 |
| end of the lease agreement or sublease agreement, or by a | 39791 |
| manufactured home broker, the certificate of title shall be | 39792 |
| obtained in the name of the buyer by the dealer, leasing dealer, | 39793 |
| or manufactured home broker, as the case may be, upon application | 39794 |
| signed by the buyer. The certificate of title shall be issued, or | 39795 |
| the process of entering the certificate of title application | 39796 |
| information into the automated title processing system if a | 39797 |
| physical certificate of title is not to be issued shall be | 39798 |
| completed, within five business days after the application for | 39799 |
| title is filed with the clerk. If the buyer of the motor vehicle | 39800 |
| previously leased the motor vehicle and is buying the motor | 39801 |
| vehicle at the end of the lease pursuant to that lease, the | 39802 |
| certificate of title shall be obtained in the name of the buyer by | 39803 |
| the motor vehicle leasing dealer who previously leased the motor | 39804 |
| vehicle to the buyer or by the motor vehicle leasing dealer who | 39805 |
| subleased the motor vehicle to the buyer under a sublease | 39806 |
| agreement. | 39807 |
| In all other cases, except as provided in section 4505.032 | 39808 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 39809 |
| certificates shall be obtained by the buyer. | 39810 |
| (5)(a)(i) If the certificate of title is being obtained in | 39811 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 39812 |
| leasing dealer and there is a security interest to be noted on the | 39813 |
| certificate of title, the dealer or leasing dealer shall submit | 39814 |
| the application for the certificate of title and payment of the | 39815 |
| applicable tax to a clerk within seven business days after the | 39816 |
| later of the delivery of the motor vehicle to the buyer or the | 39817 |
| date the dealer or leasing dealer obtains the manufacturer's or | 39818 |
| importer's certificate, or certificate of title issued in the name | 39819 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 39820 |
| of the application for the certificate of title and payment of the | 39821 |
| applicable tax within the required seven business days may be | 39822 |
| indicated by postmark or receipt by a clerk within that period. | 39823 |
| (ii) Upon receipt of the certificate of title with the | 39824 |
| security interest noted on its face, the dealer or leasing dealer | 39825 |
| shall forward the certificate of title to the secured party at the | 39826 |
| location noted in the financing documents or otherwise specified | 39827 |
| by the secured party. | 39828 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 39829 |
| is liable to a secured party for a late fee of ten dollars per day | 39830 |
| for each certificate of title application and payment of the | 39831 |
| applicable tax that is submitted to a clerk more than seven | 39832 |
| business days but less than twenty-one days after the later of the | 39833 |
| delivery of the motor vehicle to the buyer or the date the dealer | 39834 |
| or leasing dealer obtains the manufacturer's or importer's | 39835 |
| certificate, or certificate of title issued in the name of the | 39836 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 39837 |
| twenty-five dollars per day until the application and applicable | 39838 |
| tax are submitted to a clerk. | 39839 |
| (b) In all cases of transfer of a motor vehicle, the | 39840 |
| application for certificate of title shall be filed within thirty | 39841 |
| days after the assignment or delivery of the motor vehicle. If an | 39842 |
| application for a certificate of title is not filed within the | 39843 |
| period specified in division (A)(5)(b) of this section, the clerk | 39844 |
| shall collect a fee of five dollars for the issuance of the | 39845 |
| certificate, except that no such fee shall be required from a | 39846 |
| motor vehicle salvage dealer, as defined in division (A) of | 39847 |
| section 4738.01 of the Revised Code, who immediately surrenders | 39848 |
| the certificate of title for cancellation. The fee shall be in | 39849 |
| addition to all other fees established by this chapter, and shall | 39850 |
| be retained by the clerk. The registrar shall provide, on the | 39851 |
| certificate of title form prescribed by section 4505.07 of the | 39852 |
| Revised Code, language necessary to give evidence of the date on | 39853 |
| which the assignment or delivery of the motor vehicle was made. | 39854 |
| (6) As used in division (A) of this section, "lease | 39855 |
| agreement," "lessee," and "sublease agreement" have the same | 39856 |
| meanings as in section 4505.04 of the Revised Code. | 39857 |
| (B)(1) The clerk, except as provided in this section, shall | 39858 |
| refuse to accept for filing any application for a certificate of | 39859 |
| title and shall refuse to issue a certificate of title unless the | 39860 |
| dealer or manufactured home broker or the applicant, in cases in | 39861 |
| which the certificate shall be obtained by the buyer, submits with | 39862 |
| the application payment of the tax levied by or pursuant to | 39863 |
| Chapters 5739. and 5741. of the Revised Code based on the | 39864 |
| purchaser's county of residence. Upon payment of the tax in | 39865 |
| accordance with division (E) of this section, the clerk shall | 39866 |
| issue a receipt prescribed by the registrar and agreed upon by the | 39867 |
| tax commissioner showing payment of the tax or a receipt issued by | 39868 |
| the commissioner showing the payment of the tax. When submitting | 39869 |
| payment of the tax to the clerk, a dealer shall retain any | 39870 |
| discount to which the dealer is entitled under section 5739.12 of | 39871 |
| the Revised Code. | 39872 |
| (2) For receiving and disbursing such taxes paid to the clerk | 39873 |
| by a resident of the clerk's county, the clerk may retain a | 39874 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 39875 |
| shall pay the poundage fee into the certificate of title | 39876 |
| administration fund created by section 325.33 of the Revised Code. | 39877 |
| The clerk shall not retain a poundage fee from payments of taxes | 39878 |
| by persons who do not reside in the clerk's county. | 39879 |
| A clerk, however, may retain from the taxes paid to the clerk | 39880 |
| an amount equal to the poundage fees associated with certificates | 39881 |
| of title issued by other clerks of courts of common pleas to | 39882 |
| applicants who reside in the first clerk's county. The registrar, | 39883 |
| in consultation with the tax commissioner and the clerks of the | 39884 |
| courts of common pleas, shall develop a report from the automated | 39885 |
| title processing system that informs each clerk of the amount of | 39886 |
| the poundage fees that the clerk is permitted to retain from those | 39887 |
| taxes because of certificates of title issued by the clerks of | 39888 |
| other counties to applicants who reside in the first clerk's | 39889 |
| county. | 39890 |
| (3) In the case of casual sales of motor vehicles, as defined | 39891 |
| in section 4517.01 of the Revised Code, the price for the purpose | 39892 |
| of determining the tax shall be the purchase price on the assigned | 39893 |
| certificate of title executed by the seller and filed with the | 39894 |
| clerk by the buyer on a form to be prescribed by the registrar, | 39895 |
| which shall be prima-facie evidence of the amount for the | 39896 |
| determination of the tax. | 39897 |
| (4) Each county clerk shall forward to the treasurer of state | 39898 |
| all sales and use tax collections resulting from sales of motor | 39899 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 39900 |
| a calendar week on or before the Friday following the close of | 39901 |
| that week. If, on any Friday, the offices of the clerk of courts | 39902 |
| or the state are not open for business, the tax shall be forwarded | 39903 |
| to the treasurer of state on or before the next day on which the | 39904 |
| offices are open. Every remittance of tax under division (B)(4) of | 39905 |
| this section shall be accompanied by a remittance report in such | 39906 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 39907 |
| remittance and remittance report, the treasurer of state shall | 39908 |
| date stamp the report and forward it to the tax commissioner. If | 39909 |
| the tax due for any week is not remitted by a clerk of courts as | 39910 |
| required under division (B)(4) of this section, the commissioner | 39911 |
| may require the clerk to forfeit the poundage fees for the sales | 39912 |
| made during that week. The treasurer of state may require the | 39913 |
| clerks of courts to transmit tax collections and remittance | 39914 |
| reports electronically. | 39915 |
| (C)(1) If the transferor indicates on the certificate of | 39916 |
| title that the odometer reflects mileage in excess of the designed | 39917 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 39918 |
| "exceeds mechanical limits" following the mileage designation. If | 39919 |
| the transferor indicates on the certificate of title that the | 39920 |
| odometer reading is not the actual mileage, the clerk shall enter | 39921 |
| the phrase "nonactual: warning - odometer discrepancy" following | 39922 |
| the mileage designation. The clerk shall use reasonable care in | 39923 |
| transferring the information supplied by the transferor, but is | 39924 |
| not liable for any errors or omissions of the clerk or those of | 39925 |
| the clerk's deputies in the performance of the clerk's duties | 39926 |
| created by this chapter. | 39927 |
| The registrar shall prescribe an affidavit in which the | 39928 |
| transferor shall swear to the true selling price and, except as | 39929 |
| provided in this division, the true odometer reading of the motor | 39930 |
| vehicle. The registrar may prescribe an affidavit in which the | 39931 |
| seller and buyer provide information pertaining to the odometer | 39932 |
| reading of the motor vehicle in addition to that required by this | 39933 |
| section, as such information may be required by the United States | 39934 |
| secretary of transportation by rule prescribed under authority of | 39935 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 39936 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 39937 |
| (2) Division (C)(1) of this section does not require the | 39938 |
| giving of information concerning the odometer and odometer reading | 39939 |
| of a motor vehicle when ownership of a motor vehicle is being | 39940 |
| transferred as a result of a bequest, under the laws of intestate | 39941 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 39942 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 39943 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 39944 |
| connection with the creation of a security interest or for a | 39945 |
| vehicle with a gross vehicle weight rating of more than sixteen | 39946 |
| thousand pounds. | 39947 |
| (D) When the transfer to the applicant was made in some other | 39948 |
| state or in interstate commerce, the clerk, except as provided in | 39949 |
| this section, shall refuse to issue any certificate of title | 39950 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 39951 |
| Revised Code based on the purchaser's county of residence has been | 39952 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 39953 |
| unless the applicant submits with the application payment of the | 39954 |
| tax. Upon payment of the tax in accordance with division (E) of | 39955 |
| this section, the clerk shall issue a receipt prescribed by the | 39956 |
| registrar and agreed upon by the tax commissioner, showing payment | 39957 |
| of the tax. | 39958 |
| For receiving and disbursing such taxes paid to the clerk by | 39959 |
| a resident of the clerk's county, the clerk may retain a poundage | 39960 |
| fee of one and one one-hundredth per cent. The clerk shall not | 39961 |
| retain a poundage fee from payments of taxes by persons who do not | 39962 |
| reside in the clerk's county. | 39963 |
| A clerk, however, may retain from the taxes paid to the clerk | 39964 |
| an amount equal to the poundage fees associated with certificates | 39965 |
| of title issued by other clerks of courts of common pleas to | 39966 |
| applicants who reside in the first clerk's county. The registrar, | 39967 |
| in consultation with the tax commissioner and the clerks of the | 39968 |
| courts of common pleas, shall develop a report from the automated | 39969 |
| title processing system that informs each clerk of the amount of | 39970 |
| the poundage fees that the clerk is permitted to retain from those | 39971 |
| taxes because of certificates of title issued by the clerks of | 39972 |
| other counties to applicants who reside in the first clerk's | 39973 |
| county. | 39974 |
| When the vendor is not regularly engaged in the business of | 39975 |
| selling motor vehicles, the vendor shall not be required to | 39976 |
| purchase a vendor's license or make reports concerning those | 39977 |
| sales. | 39978 |
| (E) The clerk shall accept any payment of a tax in cash, or | 39979 |
| by cashier's check, certified check, draft, money order, or teller | 39980 |
| check issued by any insured financial institution payable to the | 39981 |
| clerk and submitted with an application for a certificate of title | 39982 |
| under division (B) or (D) of this section. The clerk also may | 39983 |
| accept payment of the tax by corporate, business, or personal | 39984 |
| check, credit card, electronic transfer or wire transfer, debit | 39985 |
| card, or any other accepted form of payment made payable to the | 39986 |
| clerk. The clerk may require bonds, guarantees, or letters of | 39987 |
| credit to ensure the collection of corporate, business, or | 39988 |
| personal checks. Any service fee charged by a third party to a | 39989 |
| clerk for the use of any form of payment may be paid by the clerk | 39990 |
| from the certificate of title administration fund created in | 39991 |
| section 325.33 of the Revised Code, or may be assessed by the | 39992 |
| clerk upon the applicant as an additional fee. Upon collection, | 39993 |
| the additional fees shall be paid by the clerk into that | 39994 |
| certificate of title administration fund. | 39995 |
| The clerk shall make a good faith effort to collect any | 39996 |
| payment of taxes due but not made because the payment was returned | 39997 |
| or dishonored, but the clerk is not personally liable for the | 39998 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 39999 |
| notify the tax commissioner of any such payment of taxes that is | 40000 |
| due but not made and shall furnish the information to the | 40001 |
| commissioner that the commissioner requires. The clerk shall | 40002 |
| deduct the amount of taxes due but not paid from the clerk's | 40003 |
| periodic remittance of tax payments, in accordance with procedures | 40004 |
| agreed upon by the tax commissioner. The commissioner may collect | 40005 |
| taxes due by assessment in the manner provided in section 5739.13 | 40006 |
| of the Revised Code. | 40007 |
| Any person who presents payment that is returned or | 40008 |
| dishonored for any reason is liable to the clerk for payment of a | 40009 |
| penalty over and above the amount of the taxes due. The clerk | 40010 |
| shall determine the amount of the penalty, and the penalty shall | 40011 |
| be no greater than that amount necessary to compensate the clerk | 40012 |
| for banking charges, legal fees, or other expenses incurred by the | 40013 |
| clerk in collecting the returned or dishonored payment. The | 40014 |
| remedies and procedures provided in this section are in addition | 40015 |
| to any other available civil or criminal remedies. Subsequently | 40016 |
| collected penalties, poundage fees, and title fees, less any title | 40017 |
| fee due the state, from returned or dishonored payments collected | 40018 |
| by the clerk shall be paid into the certificate of title | 40019 |
| administration fund. Subsequently collected taxes, less poundage | 40020 |
| fees, shall be sent by the clerk to the treasurer of state at the | 40021 |
| next scheduled periodic remittance of tax payments, with | 40022 |
| information as the commissioner may require. The clerk may abate | 40023 |
| all or any part of any penalty assessed under this division. | 40024 |
| (F) In the following cases, the clerk shall accept for filing | 40025 |
| an application and shall issue a certificate of title without | 40026 |
| requiring payment or evidence of payment of the tax: | 40027 |
| (1) When the purchaser is this state or any of its political | 40028 |
| subdivisions, a church, or an organization whose purchases are | 40029 |
| exempted by section 5739.02 of the Revised Code; | 40030 |
| (2) When the transaction in this state is not a retail sale | 40031 |
| as defined by section 5739.01 of the Revised Code; | 40032 |
| (3) When the purchase is outside this state or in interstate | 40033 |
| commerce and the purpose of the purchaser is not to use, store, or | 40034 |
| consume within the meaning of section 5741.01 of the Revised Code; | 40035 |
| (4) When the purchaser is the federal government; | 40036 |
| (5) When the motor vehicle was purchased outside this state | 40037 |
| for use outside this state; | 40038 |
| (6) When the motor vehicle is purchased by a nonresident of | 40039 |
| this state for immediate removal from this state, and will be | 40040 |
| permanently titled and registered in another state, as provided by | 40041 |
| division (B)(23) of section 5739.02 of the Revised Code, and upon | 40042 |
| presentation of a copy of the affidavit provided by that section, | 40043 |
| and a copy of the exemption certificate provided by section | 40044 |
| 5739.03 of the Revised Code. | 40045 |
| | 40046 |
| 40047 | |
| 40048 | |
| 40049 |
| (G) An application, as prescribed by the registrar and agreed | 40050 |
| to by the tax commissioner, shall be filled out and sworn to by | 40051 |
| the buyer of a motor vehicle in a casual sale. The application | 40052 |
| shall contain the following notice in bold lettering: "WARNING TO | 40053 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 40054 |
| law to state the true selling price. A false statement is in | 40055 |
| violation of section 2921.13 of the Revised Code and is punishable | 40056 |
| by six months' imprisonment or a fine of up to one thousand | 40057 |
| dollars, or both. All transfers are audited by the department of | 40058 |
| taxation. The seller and buyer must provide any information | 40059 |
| requested by the department of taxation. The buyer may be assessed | 40060 |
| any additional tax found to be due." | 40061 |
| (H) For sales of manufactured homes or mobile homes occurring | 40062 |
| on or after January 1, 2000, the clerk shall accept for filing, | 40063 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 40064 |
| a certificate of title for a manufactured home or mobile home | 40065 |
| without requiring payment of any tax pursuant to section 5739.02, | 40066 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 40067 |
| issued by the tax commissioner showing payment of the tax. For | 40068 |
| sales of manufactured homes or mobile homes occurring on or after | 40069 |
| January 1, 2000, the applicant shall pay to the clerk an | 40070 |
| additional fee of five dollars for each certificate of title | 40071 |
| issued by the clerk for a manufactured or mobile home pursuant to | 40072 |
| division (H) of section 4505.11 of the Revised Code and for each | 40073 |
| certificate of title issued upon transfer of ownership of the | 40074 |
| home. The clerk shall credit the fee to the county certificate of | 40075 |
| title administration fund, and the fee shall be used to pay the | 40076 |
| expenses of archiving those certificates pursuant to division (A) | 40077 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 40078 |
| Revised Code. The tax commissioner shall administer any tax on a | 40079 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 40080 |
| of the Revised Code. | 40081 |
| (I) Every clerk shall have the capability to transact by | 40082 |
| electronic means all procedures and transactions relating to the | 40083 |
| issuance of motor vehicle certificates of title that are described | 40084 |
| in the Revised Code as being accomplished by electronic means. | 40085 |
| Sec. 4511.75. (A) The driver of a vehicle, streetcar, or | 40086 |
| trackless trolley upon meeting or overtaking from either direction | 40087 |
| any school bus stopped for the purpose of receiving or discharging | 40088 |
| any school child, person attending programs offered by community | 40089 |
| boards of mental health and county boards of mental retardation | 40090 |
| and developmental disabilities, or child attending a program | 40091 |
| offered by a head start agency, shall stop at least ten feet from | 40092 |
| the front or rear of the school bus and shall not proceed until | 40093 |
| such school bus resumes motion, or until signaled by the school | 40094 |
| bus driver to proceed. | 40095 |
| It is no defense to a charge under this division that the | 40096 |
| school bus involved failed to display or be equipped with an | 40097 |
| automatically extended stop warning sign as required by division | 40098 |
| (B) of this section. | 40099 |
| (B) Every school bus shall be equipped with amber and red | 40100 |
| visual signals meeting the requirements of section 4511.771 of the | 40101 |
| Revised Code, and an automatically extended stop warning sign of a | 40102 |
| type approved by the state board of education, which shall be | 40103 |
| actuated by the driver of the bus whenever but only whenever the | 40104 |
| bus is stopped or stopping on the roadway for the purpose of | 40105 |
| receiving or discharging school children, persons attending | 40106 |
| programs offered by community boards of mental health and county | 40107 |
| boards of mental retardation and developmental disabilities, or | 40108 |
| children attending programs offered by head start agencies. A | 40109 |
| school bus driver shall not actuate the visual signals or the stop | 40110 |
| warning sign in designated school bus loading areas where the bus | 40111 |
| is entirely off the roadway or at school buildings when children | 40112 |
| or persons attending programs offered by community boards of | 40113 |
| mental health and county boards of mental retardation and | 40114 |
| developmental disabilities are loading or unloading at curbside or | 40115 |
| at buildings when children attending programs offered by head | 40116 |
| start agencies are loading or unloading at curbside. The visual | 40117 |
| signals and stop warning sign shall be synchronized or otherwise | 40118 |
| operated as required by rule of the board. | 40119 |
| (C) Where a highway has been divided into four or more | 40120 |
| traffic lanes, a driver of a vehicle, streetcar, or trackless | 40121 |
| trolley need not stop for a school bus approaching from the | 40122 |
| opposite direction which has stopped for the purpose of receiving | 40123 |
| or discharging any school child, persons attending programs | 40124 |
| offered by community boards of mental health and county boards of | 40125 |
| mental retardation and developmental disabilities, or children | 40126 |
| attending programs offered by head start agencies. The driver of | 40127 |
| any vehicle, streetcar, or trackless trolley overtaking the school | 40128 |
| bus shall comply with division (A) of this section. | 40129 |
| (D) School buses operating on divided highways or on highways | 40130 |
| with four or more traffic lanes shall receive and discharge all | 40131 |
| school children, persons attending programs offered by community | 40132 |
| boards of mental health and county boards of mental retardation | 40133 |
| and developmental disabilities, and children attending programs | 40134 |
| offered by head start agencies on their residence side of the | 40135 |
| highway. | 40136 |
| (E) No school bus driver shall start the driver's bus until | 40137 |
| after any child, person attending programs offered by community | 40138 |
| boards of mental health and county boards of mental retardation | 40139 |
| and developmental disabilities, or child attending a program | 40140 |
| offered by a head start agency who may have alighted therefrom has | 40141 |
| reached a place of safety on the child's or person's residence | 40142 |
| side of the road. | 40143 |
| (F)(1) Whoever violates division (A) of this section may be | 40144 |
| fined an amount not to exceed five hundred dollars. A person who | 40145 |
| is issued a citation for a violation of division (A) of this | 40146 |
| section is not permitted to enter a written plea of guilty and | 40147 |
| waive the person's right to contest the citation in a trial but | 40148 |
| instead must appear in person in the proper court to answer the | 40149 |
| charge. | 40150 |
| (2) In addition to and independent of any other penalty | 40151 |
| provided by law, the court or mayor may impose upon an offender | 40152 |
| who violates this section a class seven suspension of the | 40153 |
| offender's driver's license, commercial driver's license, | 40154 |
| temporary instruction permit, probationary license, or nonresident | 40155 |
| operating privilege from the range specified in division (A)(7) of | 40156 |
| section 4510.02 of the Revised Code. When a license is suspended | 40157 |
| under this section, the court or mayor shall cause the offender to | 40158 |
| deliver the license to the court, and the court or clerk of the | 40159 |
| court immediately shall forward the license to the registrar of | 40160 |
| motor vehicles, together with notice of the court's action. | 40161 |
| (G) As used in this section: | 40162 |
| (1) "Head start agency" has the same meaning as in section | 40163 |
| 40164 |
| (2) "School bus," as used in relation to children who attend | 40165 |
| a program offered by a head start agency, means a bus that is | 40166 |
| owned and operated by a head start agency, is equipped with an | 40167 |
| automatically extended stop warning sign of a type approved by the | 40168 |
| state board of education, is painted the color and displays the | 40169 |
| markings described in section 4511.77 of the Revised Code, and is | 40170 |
| equipped with amber and red visual signals meeting the | 40171 |
| requirements of section 4511.771 of the Revised Code, irrespective | 40172 |
| of whether or not the bus has fifteen or more children aboard at | 40173 |
| any time. "School bus" does not include a van owned and operated | 40174 |
| by a head start agency, irrespective of its color, lights, or | 40175 |
| markings. | 40176 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 40177 |
| and (D) of this section, no person shall operate any snowmobile, | 40178 |
| off-highway motorcycle, or all-purpose vehicle within this state | 40179 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 40180 |
| vehicle is registered and numbered in accordance with sections | 40181 |
| 4519.03 and 4519.04 of the Revised Code. | 40182 |
| (B) No registration is required for a snowmobile, off-highway | 40183 |
| motorcycle, or all-purpose vehicle that is operated exclusively | 40184 |
| upon lands owned by the owner of the snowmobile, off-highway | 40185 |
| motorcycle, or all-purpose vehicle, or on lands to which the owner | 40186 |
| has a contractual right. | 40187 |
| (C) | 40188 |
| 40189 | |
| 40190 | |
| 40191 | |
| 40192 | |
| 40193 | |
| all-purpose vehicle owned and used in this state by a person who | 40194 |
| is not a resident of | 40195 |
| 40196 | |
| Revised Code. | 40197 |
| (D) No registration is required for a snowmobile, off-highway | 40198 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 40199 |
| the United States, another state, or a political subdivision | 40200 |
| thereof, but the snowmobile, off-highway motorcycle, or | 40201 |
| all-purpose vehicle shall display the name of the owner thereon. | 40202 |
| (E) The owner or operator of any all-purpose vehicle operated | 40203 |
| or used upon the waters in this state shall comply with Chapters | 40204 |
| 1547. and 1548. of the Revised Code relative to the operation of | 40205 |
| watercraft. | 40206 |
| (F) Except as otherwise provided in this division, whoever | 40207 |
| violates division (A) of this section shall be fined not more than | 40208 |
| twenty-five dollars. If the offender previously has been convicted | 40209 |
| of or pleaded guilty to a violation of division (A) of this | 40210 |
| section, whoever violates division (A) of this section shall be | 40211 |
| fined not less than twenty-five nor more than fifty dollars. | 40212 |
| Sec. 4519.09. Every owner or operator of a snowmobile, | 40213 |
| off-highway motorcycle, or all-purpose vehicle who is not a | 40214 |
| resident
of | 40215 |
| 40216 | |
| motorcycle, or all-purpose vehicle in Ohio, shall apply to the | 40217 |
| registrar of motor vehicles or a deputy registrar for a temporary | 40218 |
| operating permit. The temporary operating permit shall be issued | 40219 |
| for a period not to exceed fifteen days from the date of issuance, | 40220 |
| shall be in such form as the registrar determines, shall include | 40221 |
| the name and address of the owner and operator of the snowmobile, | 40222 |
| off-highway motorcycle, or all-purpose vehicle, and any other | 40223 |
| information as the registrar considers necessary, and shall be | 40224 |
| issued upon payment of a fee of five dollars. Every owner or | 40225 |
| operator receiving a temporary operating permit shall display it | 40226 |
| upon the reasonable request of any law enforcement officer or | 40227 |
| other person as authorized by sections 4519.42 and 4519.43 of the | 40228 |
| Revised Code. | 40229 |
| Sec. 4561.17. For the purpose of providing revenue for | 40230 |
| paying the expenses of administering sections 4561.17 to 4561.22 | 40231 |
| of the Revised Code relative to the registration of aircraft, for | 40232 |
| the surveying of and the establishment, checking, maintenance, and | 40233 |
| repair of aviation air marking and of air navigation facilities, | 40234 |
| for airport capital improvements, for the acquiring, maintaining, | 40235 |
| and repairing of equipment necessary therefor, and for the cost of | 40236 |
| the creation and distribution of Ohio aeronautical charts and Ohio | 40237 |
| airport and landing field directories, an annual license tax is | 40238 |
| hereby levied upon all aircraft based in this state for which an | 40239 |
| aircraft worthiness certificate issued by the federal aviation | 40240 |
| administration is in effect except the following: | 40241 |
| (A) Aircraft owned by the United States or any territory | 40242 |
| thereof; | 40243 |
| (B) Aircraft owned by any foreign government; | 40244 |
| (C) Aircraft owned by any state or any political subdivision | 40245 |
| thereof; | 40246 |
| (D) Aircraft operated under a certificate of convenience and | 40247 |
| necessity issued by the civil aeronautics board or any successor | 40248 |
| thereto; | 40249 |
| (E) Aircraft owned by any nonresident of this state whether | 40250 |
| such owner is an individual, partnership, or corporation, provided | 40251 |
| such owner has complied with all the laws in regard to the | 40252 |
| licensing of aircraft in the state of | 40253 |
| (F) Aircraft owned by aircraft manufacturers or aircraft | 40254 |
| engine manufacturers and operated only for purposes of testing, | 40255 |
| delivery, or demonstration; | 40256 |
| (G) Aircraft operated for hire over regularly scheduled | 40257 |
| routes within the state. | 40258 |
| Such license tax shall be at the rates specified in section | 40259 |
| 4561.18 of the Revised Code, and shall be paid to and collected by | 40260 |
| the director of transportation at the time of making application | 40261 |
| as provided in such section. | 40262 |
| Sec. 4561.18. Applications for the licensing and | 40263 |
| registration of aircraft shall be made and signed by the owner | 40264 |
| thereof upon forms prepared by the department of transportation | 40265 |
| and shall contain a description of the aircraft, including its | 40266 |
| federal registration number, and such other information as is | 40267 |
| required by the department. | 40268 |
| Applications shall be filed with the director of | 40269 |
| transportation during the month of January annually and shall be | 40270 |
| renewed according to the standard renewal procedure of sections | 40271 |
| 4745.01 to 4745.03 of the Revised Code. Application for | 40272 |
| registration of any aircraft not previously registered in this | 40273 |
| state, if such aircraft is acquired or becomes subject to such | 40274 |
| license tax subsequent to the last day of January in any year, | 40275 |
| shall be made for the balance of the year in which the same is | 40276 |
| acquired, within forty-eight hours after such acquisition or after | 40277 |
| becoming subject to such license tax. Each such application shall | 40278 |
| be accompanied by the proper license tax, which, for all aircraft | 40279 |
| other than gliders and balloons, shall be at the annual rate of | 40280 |
| 40281 | |
| manufacturer's maximum listed seating capacity. The license tax | 40282 |
| for gliders and balloons shall be | 40283 |
| Such taxes are in lieu of all other taxes on or with respect | 40284 |
| to ownership of such aircraft. | 40285 |
| Sec. 4561.21. (A) The director of transportation shall | 40286 |
| deposit all aircraft transfer fees in the state treasury to the | 40287 |
| credit of the general fund. | 40288 |
| (B) The director shall deposit all aircraft license taxes in | 40289 |
| the state treasury to the credit of the | 40290 |
| assistance fund, which is hereby created. Money in the fund shall | 40291 |
| be used | 40292 |
| capital improvements to publicly owned airports | 40293 |
| director shall distribute the money to | 40294 |
| recipients in accordance with such procedures, guidelines, and | 40295 |
| criteria as the director shall establish. | 40296 |
| Sec. 4703.15. (A) The state board of examiners of architects | 40297 |
| may by three concurring votes deny renewal of, revoke, or suspend | 40298 |
| any certificate of qualification to practice architecture, issued | 40299 |
| or renewed under sections 4703.10, 4703.13, and 4703.14 of the | 40300 |
| Revised Code, or any certificate of authorization, issued or | 40301 |
| renewed under sections 4703.13 and 4703.18 of the Revised Code, if | 40302 |
| proof satisfactory to the board is presented in any of the | 40303 |
| following cases: | 40304 |
| | 40305 |
| by fraud; | 40306 |
| | 40307 |
| guilty by the board or by a court of justice of any fraud or | 40308 |
|
deceit in | 40309 |
| convicted of a felony by a court of justice; | 40310 |
| | 40311 |
| of gross negligence, incompetency, or misconduct in the | 40312 |
|
performance of | 40313 |
| practice of architecture; | 40314 |
| | 40315 |
| guilty by the board of signing plans for the construction of a | 40316 |
|
building as a "registered architect" where | 40317 |
|
the actual
architect of such building and where | 40318 |
| without prior written consent of the architect originating the | 40319 |
| design or other documents used in the plans; | 40320 |
| | 40321 |
| guilty by the board of aiding and abetting another person or | 40322 |
| persons not properly registered as required by sections 4703.01 to | 40323 |
| 4703.19 of the Revised Code, in the performance of activities that | 40324 |
| in any manner or extent constitute the practice of architecture. | 40325 |
| At any time after the expiration of six months from the date | 40326 |
| of the revocation or suspension of a certificate, the individual, | 40327 |
| firm, partnership, association, or corporation may apply for | 40328 |
| reinstatement of the certificate. Upon showing that all loss | 40329 |
| caused by the individual, firm, partnership, association, or | 40330 |
| corporation whose certificate has been revoked or suspended has | 40331 |
| been fully satisfied and that all conditions imposed by the | 40332 |
| revocation or suspension decision have been complied with, and | 40333 |
| upon the payment of all costs incurred by the board as a result of | 40334 |
| the case at issue, the board, at its discretion and upon evidence | 40335 |
| that in its opinion would so warrant, may restore the certificate. | 40336 |
| (B) In addition to disciplinary action the board may take | 40337 |
| against a certificate holder under division (A) of this section or | 40338 |
| section 4703.151 of the Revised Code, the board may impose a fine | 40339 |
| against a certificate holder who obtained a certificate by fraud | 40340 |
| or who is found guilty of any act specified in divisions (A)(2) to | 40341 |
| (A)(5) of this section or who violates any rule governing the | 40342 |
| standards of service, conduct, and practice adopted pursuant to | 40343 |
| section 4703.02 of the Revised Code. The fine imposed shall be not | 40344 |
| more than one thousand dollars for each offense but shall not | 40345 |
| exceed five thousand dollars regardless of the number of offenses | 40346 |
| the certificate holder has committed between the time the fine is | 40347 |
| imposed and the time any previous fine was imposed. | 40348 |
| Sec. 4705.09. (A)(1) Any person admitted to the practice of | 40349 |
| law in this state by order of the supreme court in accordance with | 40350 |
| its prescribed and published rules, or any law firm or legal | 40351 |
| professional association, may establish and maintain an | 40352 |
| interest-bearing trust account, for purposes of depositing client | 40353 |
| funds held by the attorney, firm, or association that are nominal | 40354 |
| in amount or are to be held by the attorney, firm, or association | 40355 |
| for a short period of time, with any bank or savings and loan | 40356 |
| association that is authorized to do business in this state and is | 40357 |
| insured by the federal deposit insurance corporation or the | 40358 |
| successor to that corporation, or any credit union insured by the | 40359 |
| national credit union administration operating under the "Federal | 40360 |
| Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each | 40361 |
| account established under this division shall be in the name of | 40362 |
| the attorney, firm, or association that established and is | 40363 |
| maintaining it and shall be identified as an IOLTA or an interest | 40364 |
| on lawyer's trust account. The name of the account may contain | 40365 |
| additional identifying features to distinguish it from other trust | 40366 |
| accounts established and maintained by the attorney, firm, or | 40367 |
| association. | 40368 |
| (2) Each attorney who receives funds belonging to a client | 40369 |
| shall do one of the following: | 40370 |
| (a) Establish and maintain one or more interest-bearing trust | 40371 |
| accounts in accordance with division (A)(1) of this section or | 40372 |
| maintain one or more interest-bearing trust accounts previously | 40373 |
| established in accordance with that division, and deposit all | 40374 |
| client funds held that are nominal in amount or are to be held by | 40375 |
| the attorney for a short period of time in the account or | 40376 |
| accounts; | 40377 |
| (b) If the attorney is affiliated with a law firm or legal | 40378 |
| professional association, comply with division (A)(2)(a) of this | 40379 |
| section or deposit all client funds held that are nominal in | 40380 |
| amount or are to be held by the attorney for a short period of | 40381 |
| time in one or more interest-bearing trust accounts established | 40382 |
| and maintained by the firm or association in accordance with | 40383 |
| division (A)(1) of this section. | 40384 |
| (3) No funds belonging to any attorney, firm, or legal | 40385 |
| professional association shall be deposited in any | 40386 |
|
interest-bearing | 40387 |
| (A)(1) or (2) of this section, except that funds sufficient to pay | 40388 |
| or enable a waiver of depository institution service charges on | 40389 |
| the account shall be deposited in the account and other funds | 40390 |
| belonging to the attorney, firm, or association may be deposited | 40391 |
| as authorized by the Code of Professional Responsibility adopted | 40392 |
| by the supreme court. The determinations of whether funds held are | 40393 |
| nominal or more than nominal in amount and of whether funds are to | 40394 |
| be held for a short period or longer than a short period of time | 40395 |
| rests in the sound judgment of the particular attorney. No | 40396 |
| imputation of professional misconduct shall arise from the | 40397 |
| attorney's exercise of judgment in these matters. | 40398 |
| (B) All interest earned on funds deposited in an | 40399 |
| interest-bearing trust account established under division (A)(1) | 40400 |
| or (2) of this section shall be transmitted to the treasurer of | 40401 |
| state for deposit in the legal aid fund established under section | 40402 |
| 120.52 of the Revised Code. No part of the interest earned on | 40403 |
| funds deposited in an interest-bearing trust account established | 40404 |
| under division (A)(1) or (2) of this section shall be paid to, or | 40405 |
| inure to the benefit of, the attorney, the attorney's law firm or | 40406 |
| legal professional association, the client or other person who | 40407 |
| owns or has a beneficial ownership of the funds deposited, or any | 40408 |
| other person other than in accordance with this section, section | 40409 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 40410 |
| (C) No liability arising out of any act or omission by any | 40411 |
| attorney, law firm, or legal professional association with respect | 40412 |
| to any interest-bearing trust account established under division | 40413 |
| (A)(1) or (2) of this section shall be imputed to the depository | 40414 |
| institution. | 40415 |
| (D) The supreme court may adopt and enforce rules of | 40416 |
| professional conduct that pertain to the use, by attorneys, law | 40417 |
| firms, or legal professional associations, of interest-bearing | 40418 |
| trust accounts established under division (A)(1) or (2) of this | 40419 |
| section, and that pertain to the enforcement of division (A)(2) of | 40420 |
| this section. Any rules adopted by the supreme court under this | 40421 |
| authority shall conform to the provisions of this section, section | 40422 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 40423 |
| Sec. 4709.05. In addition to any other duty imposed on the | 40424 |
| barber board under this chapter, the board shall do all of the | 40425 |
| following: | 40426 |
| (A) Organize by electing a chairperson from its members to | 40427 |
| serve a one-year term; | 40428 |
| (B) Hold regular meetings, at the times and places as it | 40429 |
| determines for the purpose of conducting the examinations required | 40430 |
| under this chapter, and hold additional meetings for the | 40431 |
| transaction of necessary business; | 40432 |
| (C) Provide for suitable quarters, in the city of Columbus, | 40433 |
| for the conduct of its business and the maintenance of its | 40434 |
| records; | 40435 |
| (D) Adopt a common seal for the authentication of its orders, | 40436 |
| communications, and records; | 40437 |
| (E) Maintain a record of its proceedings and a register of | 40438 |
| persons licensed as barbers. The register shall include each | 40439 |
| licensee's name, place of business, residence, and licensure date | 40440 |
| and number, and a record of all licenses issued, refused, renewed, | 40441 |
| suspended, or revoked. The records are open to public inspection | 40442 |
| at all reasonable times. | 40443 |
| (F) Annually, on or before the first day of January, make a | 40444 |
| report to the governor of all its official acts during the | 40445 |
| preceding year, its receipts and disbursements, recommendations it | 40446 |
| determines appropriate, and an evaluation of board activities | 40447 |
| intended to aid or protect consumers of barber services; | 40448 |
| (G) Employ an executive director who shall do all things | 40449 |
| requested by the board for the administration and enforcement of | 40450 |
| this chapter. The executive director shall employ inspectors, | 40451 |
|
clerks, and other assistants as | 40452 |
| determines necessary. | 40453 |
| (H) Ensure that the practice of barbering is conducted only | 40454 |
| in a licensed barber shop, except when the practice of barbering | 40455 |
| is performed on a person whose physical or mental disability | 40456 |
| prevents that person from going to a licensed barber shop; | 40457 |
| (I) Conduct or have conducted the examination for applicants | 40458 |
| to practice as licensed barbers at least four times per year at | 40459 |
| the times and places the board determines; | 40460 |
| (J) Adopt rules, in accordance with Chapter 119. of the | 40461 |
| Revised Code, to administer and enforce this chapter and which | 40462 |
| cover all of the following: | 40463 |
| (1) Sanitary standards for the operation of barber shops and | 40464 |
| barber schools that conform to guidelines established by the | 40465 |
| department of health; | 40466 |
| (2) The content of the examination required of an applicant | 40467 |
| for a barber license. The examination shall include a practical | 40468 |
| demonstration and a written test, shall relate only to the | 40469 |
| practice of barbering, and shall require the applicant to | 40470 |
| demonstrate that the applicant has a thorough knowledge of and | 40471 |
| competence in the proper techniques in the safe use of chemicals | 40472 |
| used in the practice of barbering. | 40473 |
| (3) Continuing education requirements for persons licensed | 40474 |
| pursuant to this chapter. The board may impose continuing | 40475 |
| education requirements upon a licensee for a violation of this | 40476 |
| chapter or the rules adopted pursuant thereto or if the board | 40477 |
| determines that the requirements are necessary to preserve the | 40478 |
| health, safety, or welfare of the public. | 40479 |
| (4) Requirements for the licensure of barber schools, barber | 40480 |
| teachers, and assistant barber teachers; | 40481 |
| (5) Requirements for students of barber schools; | 40482 |
| (6) Any other area the board determines appropriate to | 40483 |
| administer or enforce this chapter. | 40484 |
| (K) Annually review the rules adopted pursuant to division | 40485 |
| (J) of this section in order to compare those rules with the rules | 40486 |
| adopted by the state board of cosmetology pursuant to section | 40487 |
| 4713.08 of the Revised Code. If the barber board determines that | 40488 |
| the rules adopted by the state board of cosmetology, including, | 40489 |
| but not limited to, rules concerning using career technical | 40490 |
| schools, would be beneficial to the barbering profession, the | 40491 |
| barber board shall adopt rules similar to those it determines | 40492 |
| would be beneficial for barbers. | 40493 |
| (L) Prior to adopting any rule under this chapter, indicate | 40494 |
| at a formal hearing the reasons why the rule is necessary as a | 40495 |
| protection of the persons who use barber services or as an | 40496 |
| improvement of the professional standing of barbers in this state; | 40497 |
| | 40498 |
| barber school with a copy of all sanitary rules adopted pursuant | 40499 |
| to division (J) of this section; | 40500 |
| | 40501 |
| and establishments licensed or unlicensed pursuant to this chapter | 40502 |
| and for that purpose, any member of the board or any of its | 40503 |
| authorized agents may enter and inspect any place of business of a | 40504 |
| licensee or a person suspected of violating this chapter or the | 40505 |
| rules adopted pursuant thereto, during normal business hours; | 40506 |
| | 40507 |
| payment of the appropriate fee, provide to the applicant licensure | 40508 |
| information concerning the applicant; | 40509 |
| | 40510 |
| and enforcement of this chapter. | 40511 |
| Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 40512 |
| Revised Code: | 40513 |
| (A)(1) "Clinical laboratory services" means either of the | 40514 |
| following: | 40515 |
| (a) Any examination of materials derived from the human body | 40516 |
| for the purpose of providing information for the diagnosis, | 40517 |
| prevention, or treatment of any disease or impairment or for the | 40518 |
| assessment of health; | 40519 |
| (b) Procedures to determine, measure, or otherwise describe | 40520 |
| the presence or absence of various substances or organisms in the | 40521 |
| body. | 40522 |
| (2) "Clinical laboratory services" does not include the mere | 40523 |
| collection or preparation of specimens. | 40524 |
| (B) "Designated health services" means any of the following: | 40525 |
| (1) Clinical laboratory services; | 40526 |
| (2) Home health care services; | 40527 |
| (3) Outpatient prescription drugs. | 40528 |
| (C) "Fair market value" means the value in arms-length | 40529 |
| transactions, consistent with general market value and: | 40530 |
| (1) With respect to rentals or leases, the value of rental | 40531 |
| property for general commercial purposes, not taking into account | 40532 |
| its intended use; | 40533 |
| (2) With respect to a lease of space, not adjusted to reflect | 40534 |
| the additional value the prospective lessee or lessor would | 40535 |
| attribute to the proximity or convenience to the lessor if the | 40536 |
| lessor is a potential source of referrals to the lessee. | 40537 |
| (D) "Governmental health care program" means any program | 40538 |
| providing health care benefits that is administered by the federal | 40539 |
| government, this state, or a political subdivision of this state, | 40540 |
| including the medicare program established under Title XVIII of | 40541 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 40542 |
| as amended, health care coverage for public employees, health care | 40543 |
| benefits administered by the bureau of workers' compensation, or | 40544 |
| the medical assistance program established under Chapter 5111. of | 40545 |
| the Revised Code | 40546 |
| 40547 |
| (E)(1) "Group practice" means a group of two or more holders | 40548 |
| of certificates under this chapter legally organized as a | 40549 |
| partnership, professional corporation or association, limited | 40550 |
| liability company, foundation, nonprofit corporation, faculty | 40551 |
| practice plan, or similar group practice entity, including an | 40552 |
| organization comprised of a nonprofit medical clinic that | 40553 |
| contracts with a professional corporation or association of | 40554 |
| physicians to provide medical services exclusively to patients of | 40555 |
| the clinic in order to comply with section 1701.03 of the Revised | 40556 |
| Code and including a corporation, limited liability company, | 40557 |
| partnership, or professional association described in division (B) | 40558 |
| of section 4731.226 of the Revised Code formed for the purpose of | 40559 |
| providing a combination of the professional services of | 40560 |
| optometrists who are licensed, certificated, or otherwise legally | 40561 |
| authorized to practice optometry under Chapter 4725. of the | 40562 |
| Revised Code, chiropractors who are licensed, certificated, or | 40563 |
| otherwise legally authorized to practice chiropractic under | 40564 |
| Chapter 4734. of the Revised Code, psychologists who are licensed, | 40565 |
| certificated, or otherwise legally authorized to practice | 40566 |
| psychology under Chapter 4732. of the Revised Code, registered or | 40567 |
| licensed practical nurses who are licensed, certificated, or | 40568 |
| otherwise legally authorized to practice nursing under Chapter | 40569 |
| 4723. of the Revised Code, pharmacists who are licensed, | 40570 |
| certificated, or otherwise legally authorized to practice pharmacy | 40571 |
| under Chapter 4729. of the Revised Code, physical therapists who | 40572 |
| are licensed, certificated, or otherwise legally authorized to | 40573 |
| practice physical therapy under sections 4755.40 to 4755.53 of the | 40574 |
| Revised Code, mechanotherapists who are licensed, certificated, or | 40575 |
| otherwise legally authorized to practice mechanotherapy under | 40576 |
| section 4731.151 of the Revised Code, and doctors of medicine and | 40577 |
| surgery, osteopathic medicine and surgery, or podiatric medicine | 40578 |
| and surgery who are licensed, certificated, or otherwise legally | 40579 |
| authorized for their respective practices under this chapter, to | 40580 |
| which all of the following apply: | 40581 |
| (a) Each physician who is a member of the group practice | 40582 |
| provides substantially the full range of services that the | 40583 |
| physician routinely provides, including medical care, | 40584 |
| consultation, diagnosis, or treatment, through the joint use of | 40585 |
| shared office space, facilities, equipment, and personnel. | 40586 |
| (b) Substantially all of the services of the members of the | 40587 |
| group are provided through the group and are billed in the name of | 40588 |
| the group and amounts so received are treated as receipts of the | 40589 |
| group. | 40590 |
| (c) The overhead expenses of and the income from the practice | 40591 |
| are distributed in accordance with methods previously determined | 40592 |
| by members of the group. | 40593 |
| (d) The group practice meets any other requirements that the | 40594 |
| state medical board applies in rules adopted under section 4731.70 | 40595 |
| of the Revised Code. | 40596 |
| (2) In the case of a faculty practice plan associated with a | 40597 |
| hospital with a medical residency training program in which | 40598 |
| physician members may provide a variety of specialty services and | 40599 |
| provide professional services both within and outside the group, | 40600 |
| as well as perform other tasks such as research, the criteria in | 40601 |
| division (E)(1) of this section apply only with respect to | 40602 |
| services rendered within the faculty practice plan. | 40603 |
| (F) "Home health care services" and "immediate family" have | 40604 |
| the same meanings as in the rules adopted under section 4731.70 of | 40605 |
| the Revised Code. | 40606 |
| (G) "Hospital" has the same meaning as in section 3727.01 of | 40607 |
| the Revised Code. | 40608 |
| (H) A "referral" includes both of the following: | 40609 |
| (1) A request by a holder of a certificate under this chapter | 40610 |
| for an item or service, including a request for a consultation | 40611 |
| with another physician and any test or procedure ordered by or to | 40612 |
| be performed by or under the supervision of the other physician; | 40613 |
| (2) A request for or establishment of a plan of care by a | 40614 |
| certificate holder that includes the provision of designated | 40615 |
| health services. | 40616 |
| (I) "Third-party payer" has the same meaning as in section | 40617 |
| 3901.38 of the Revised Code. | 40618 |
| Sec. 4731.71. The auditor of state may implement procedures | 40619 |
| to detect violations of section 4731.66 or 4731.69 of the Revised | 40620 |
| Code within governmental health care programs administered by the | 40621 |
| state. The auditor of state shall report any violation of either | 40622 |
| section to the state medical board and shall certify to the | 40623 |
| attorney general in accordance with section 131.02 of the Revised | 40624 |
| Code the amount of any refund owed to a state-administered | 40625 |
| governmental health care program under section 4731.69 of the | 40626 |
| Revised Code as a result of a violation. If a refund is owed to | 40627 |
| the medical assistance program established under Chapter 5111. of | 40628 |
|
the Revised Code | 40629 |
| 40630 | |
| of state also shall report the amount to the department of | 40631 |
| commerce. | 40632 |
| The state medical board also may implement procedures to | 40633 |
| detect violations of section 4731.66 or 4731.69 of the Revised | 40634 |
| Code. | 40635 |
| Sec. 4736.11. The state board of sanitarian registration | 40636 |
| shall issue a certificate of registration to any applicant whom it | 40637 |
| registers as a sanitarian or a sanitarian-in-training. Such | 40638 |
| certificate shall bear: | 40639 |
| (A) The name of the person; | 40640 |
| (B) The date of issue; | 40641 |
| (C) A serial number, designated by the board; | 40642 |
| (D) The seal of the board and signature of the | 40643 |
| chairperson of the board; | 40644 |
| (E) The designation "registered sanitarian" or | 40645 |
| "sanitarian-in-training." | 40646 |
| Certificates of registration shall expire annually on the | 40647 |
| date fixed by the board and become invalid on that date unless | 40648 |
| renewed pursuant to this section. All registered sanitarians shall | 40649 |
| be required annually to complete a continuing education program in | 40650 |
| subjects relating to practices of the profession as a sanitarian | 40651 |
| to the end that the utilization and application of new techniques, | 40652 |
| scientific advancements, and research findings will assure | 40653 |
| comprehensive service to the public. The board shall prescribe by | 40654 |
| rule a continuing education program for registered sanitarians to | 40655 |
| meet this requirement. The length of study for this program shall | 40656 |
| be determined by the board but shall be not less than six nor more | 40657 |
| than twenty-five hours during the calendar year. At least once | 40658 |
| annually the board shall | 40659 |
| sanitarian a list of courses approved by the board as satisfying | 40660 |
| the program prescribed by rule. Upon the request of a registered | 40661 |
| sanitarian, the secretary shall supply a list of | 40662 |
| applicable courses that the board has approved | 40663 |
| 40664 | |
| year at any time prior to the date of expiration upon payment of | 40665 |
| the renewal fee prescribed by section 4736.12 of the Revised Code | 40666 |
| and upon showing proof of having complied with the continuing | 40667 |
| education requirements of this section. The state board of | 40668 |
| sanitarian registration may waive the continuing education | 40669 |
| requirement in cases of certified illness or disability which | 40670 |
| prevents the attendance at any qualified educational seminars | 40671 |
| during the twelve months immediately preceding the annual | 40672 |
| certificate of registration renewal date. Certificates which | 40673 |
| expire may be reinstated under rules adopted by the board. | 40674 |
| Sec. 4736.12. (A) The state board of sanitarian registration | 40675 |
| shall charge the following fees: | 40676 |
| (1) To apply as a sanitarian-in-training,
| 40677 |
| dollars; | 40678 |
| (2) For sanitarians-in-training to apply for registration as | 40679 |
|
sanitarians,
| 40680 |
| this fee only once regardless of the number of times the applicant | 40681 |
| takes an examination required under section 4736.08 of the Revised | 40682 |
| Code. | 40683 |
| (3) For persons other than sanitarians-in-training to apply | 40684 |
| for registration as sanitarians, including persons meeting the | 40685 |
| requirements of section 4736.16 of the Revised Code, one hundred | 40686 |
| 40687 | |
| regardless of the number of times the applicant takes an | 40688 |
| examination required under section 4736.08 of the Revised Code. | 40689 |
| (4) The renewal fee for registered sanitarians shall be | 40690 |
| 40691 |
| (5) The renewal fee for sanitarians-in-training shall be | 40692 |
| 40693 |
| (6) For late application for renewal, | 40694 |
| twenty-seven dollars. | 40695 |
| The board of sanitarian registration, with the approval of | 40696 |
| the controlling board, may establish fees in excess of the amounts | 40697 |
| provided in this section, provided that such fees do not exceed | 40698 |
| the amounts permitted by this section by more than fifty per cent. | 40699 |
| (B) The board of sanitarian registration shall charge | 40700 |
| separate fees for examinations as required by section 4736.08 of | 40701 |
| the Revised Code, provided that the fees are not in excess of the | 40702 |
| actual cost to the board of conducting the examinations. | 40703 |
| (C) The board of sanitarian registration may adopt rules | 40704 |
| establishing fees for all of the following: | 40705 |
| (1) Application for the registration of a training agency | 40706 |
| approved under rules adopted by the board pursuant to section | 40707 |
| 4736.11 of the Revised Code and for the annual registration | 40708 |
| renewal of an approved training agency. | 40709 |
| (2) Application for the review of continuing education hours | 40710 |
| submitted for the board's approval by approved training agencies | 40711 |
| or by registered sanitarians or sanitarians-in-training. | 40712 |
| Sec. 4757.30. (A) The counselor, social worker, and marriage | 40713 |
| and family therapist board shall, after reviewing the report | 40714 |
| submitted to it by the marriage and family therapist professional | 40715 |
| standards committee, issue a license as a marriage and family | 40716 |
| therapist to a person who has done all of the following: | 40717 |
| (1) Properly completed an application for the license; | 40718 |
| (2) Paid the required fee established by the board under | 40719 |
| section 4757.31 of the Revised Code; | 40720 |
| (3) Achieved one of the following: | 40721 |
| (a) Received from an educational institution accredited at | 40722 |
| the time the degree was granted by a regional accrediting | 40723 |
| organization recognized by the board a master's degree or a | 40724 |
| doctorate in marriage and family therapy; | 40725 |
| (b) Completed a graduate degree that includes a minimum of | 40726 |
| ninety quarter hours of graduate level course work in marriage and | 40727 |
| family therapy training that is acceptable to the committee; | 40728 |
| (4) Passed an examination administered by the board for the | 40729 |
| purpose of determining the person's ability to be a marriage and | 40730 |
| family therapist; | 40731 |
| (5) Completed a practicum that includes at least three | 40732 |
| hundred hours of client contact. | 40733 |
| (B) To be accepted by the committee for purposes of division | 40734 |
| (A)(3)(b) of this section, marriage and family therapist training | 40735 |
| must include instruction in at least the following: research, | 40736 |
| professional ethics, marriage and family studies, marriage and | 40737 |
| family therapy, human development, appraisal of individuals and | 40738 |
| families, and systems theory. | 40739 |
| (C) The board shall, after reviewing the report submitted to | 40740 |
| it by the marriage and family therapist professional standards | 40741 |
| committee, issue a license as an independent marriage and family | 40742 |
| therapist to a person who meets all of the requirements of | 40743 |
| division (A) of this section and, after meeting the requirements | 40744 |
| under division (A)(3) of this section, completes at least two | 40745 |
| calendar years of work experience in marriage and family therapy, | 40746 |
| including one thousand hours of documented client contact in | 40747 |
| marriage and family therapy. Two hundred hours of the one thousand | 40748 |
| hours must be supervised by a supervisor whose training and | 40749 |
| experience meets standards established by the board in rules | 40750 |
| adopted under section 4757.10 of the Revised Code and one hundred | 40751 |
| hours of the two hundred hours of supervision must be individual | 40752 |
| supervision. | 40753 |
| (D) The board shall waive the requirements of divisions | 40754 |
| (A)(4) and (B) of this section for an applicant seeking licensure | 40755 |
| under division (A) or (C) of this section for the two years | 40756 |
|
immediately following | 40757 |
| 2003, if the applicant presents satisfactory evidence of both of | 40758 |
| the following: | 40759 |
| (1) That the applicant engaged in the practice of marriage | 40760 |
| and family therapy for a total of not less than five years prior | 40761 |
|
to | 40762 |
| (2) That, at the time of application, the applicant is an | 40763 |
| associate or clinical member of the American association of | 40764 |
| marriage and family therapists. | 40765 |
| (E) An independent marriage and family therapist or a | 40766 |
| marriage and family therapist may engage in the private practice | 40767 |
| of marriage and family therapy as an individual practitioner or as | 40768 |
| a member of a partnership or group practice. | 40769 |
| (F) A marriage and family therapist or independent marriage | 40770 |
| and family therapist may diagnose and treat mental and emotional | 40771 |
| disorders only under the supervision of a psychologist, | 40772 |
| psychiatrist, professional clinical counselor, or independent | 40773 |
| social worker | 40774 |
| 40775 | |
| 40776 |
| (G) Nothing in this chapter or rules adopted under it | 40777 |
| authorizes an independent marriage and family therapist or a | 40778 |
| marriage and family therapist to admit a patient to a hospital or | 40779 |
| requires a hospital to allow a marriage and family therapist to | 40780 |
| admit a patient. | 40781 |
| Sec. 4775.04. (A) The board of motor vehicle collision | 40782 |
| repair registration shall do all of the following: | 40783 |
| (1) Adopt rules as necessary to carry out the purposes of | 40784 |
| this chapter. The rules shall include requirements for the type of | 40785 |
| liability insurance required under division (A) of section 4775.07 | 40786 |
| of the Revised Code. The rules shall permit the use of an | 40787 |
| insurance policy issued by any insurer authorized to issue that | 40788 |
| type of insurance in this state. | 40789 |
| (2) Appoint an executive director to serve at the pleasure of | 40790 |
| the board; | 40791 |
| (3) Direct the executive director as to how the executive | 40792 |
| director shall perform the duties imposed under this chapter; | 40793 |
| (4) Consider and make recommendations in regard to all | 40794 |
| matters submitted to the board by the executive director; | 40795 |
| (5) Through the executive director or its enforcement agents, | 40796 |
| work with appropriate local fire departments and appropriate local | 40797 |
| certified building departments to locate persons operating places | 40798 |
| of business as a motor vehicle collision repair operator without a | 40799 |
| temporary or regular registration certificate issued under this | 40800 |
| chapter for that place of business; | 40801 |
| (6) Determine whether to refuse to issue or renew a | 40802 |
| registration certificate or determine whether to waive a | 40803 |
| suspension of a registration certificate as provided in division | 40804 |
| (D) of section 4775.07 of the Revised Code; | 40805 |
| | 40806 |
| for the administration and enforcement of this chapter. | 40807 |
| (B) Nothing in this chapter shall be interpreted as granting | 40808 |
| the board any authority over a motor vehicle collision repair | 40809 |
| operator concerning the quality of work performed in the repair | 40810 |
| of, or installation of parts on, motor vehicles. | 40811 |
| Sec. 4905.10. (A) For the sole purpose of maintaining and | 40812 |
| administering the public utilities commission and exercising its | 40813 |
| supervision and jurisdiction over the railroads and public | 40814 |
| utilities of this state, an amount equivalent to the appropriation | 40815 |
| from the public utilities fund created under division (B) of this | 40816 |
| section to the public utilities commission for railroad and public | 40817 |
| utilities regulation in each fiscal year shall be apportioned | 40818 |
| among and assessed against each railroad and public utility within | 40819 |
| this state by the commission by first computing an assessment as | 40820 |
| though it were to be made in proportion to the intrastate gross | 40821 |
| earnings or receipts, excluding earnings or receipts from sales to | 40822 |
| other public utilities for resale, of the railroad or public | 40823 |
| utility for the calendar year next preceding that in which the | 40824 |
| assessment is made. The commission may include in that first | 40825 |
| computation any amount of a railroad's or public utility's | 40826 |
| intrastate gross earnings or receipts that were underreported in a | 40827 |
| prior year. In addition to whatever penalties apply under the | 40828 |
| Revised Code to such underreporting, the commission shall assess | 40829 |
| the railroad or public utility interest at the rate stated in | 40830 |
| division (A) of section 1343.01 of the Revised Code. The | 40831 |
| commission shall deposit any interest so collected into the public | 40832 |
| utilities fund. The commission may exclude from that first | 40833 |
| computation any such amounts that were overreported in a prior | 40834 |
| year. | 40835 |
| The final computation of the assessment shall consist of | 40836 |
| imposing upon each railroad and public utility whose assessment | 40837 |
|
under the first computation would have been
| 40838 |
| dollars or less
an assessment of | 40839 |
| recomputing the assessments of the remaining railroads and public | 40840 |
| utilities by apportioning an amount equal to the appropriation to | 40841 |
| the public utilities commission for administration of the | 40842 |
| utilities division in each fiscal year less the total amount to be | 40843 |
| recovered from those paying the minimum assessment, in proportion | 40844 |
| to the intrastate gross earnings or receipts of the remaining | 40845 |
| railroads and public utilities for the calendar year next | 40846 |
| preceding that in which the assessments are made. | 40847 |
| In the case of an assessment based on intrastate gross | 40848 |
| receipts under this section against a public utility that is an | 40849 |
| electric utility as defined in section 4928.01 of the Revised | 40850 |
| Code, or an electric services company, electric cooperative, or | 40851 |
| governmental aggregator subject to certification under section | 40852 |
| 4928.08 of the Revised Code, such receipts shall be those | 40853 |
| specified in the utility's, company's, cooperative's, or | 40854 |
| aggregator's most recent report of intrastate gross receipts and | 40855 |
| sales of kilowatt hours of electricity, filed with the commission | 40856 |
| pursuant to division (F) of section 4928.06 of the Revised Code, | 40857 |
| and verified by the commission. | 40858 |
| In the case of an assessment based on intrastate gross | 40859 |
| receipts under this section against a retail natural gas supplier | 40860 |
| or governmental aggregator subject to certification under section | 40861 |
| 4929.20 of the Revised Code, such receipts shall be those | 40862 |
| specified in the supplier's or aggregator's most recent report of | 40863 |
| intrastate gross receipts and sales of hundred cubic feet of | 40864 |
| natural gas, filed with the commission pursuant to division (B) of | 40865 |
| section 4929.23 of the Revised Code, and verified by the | 40866 |
| commission. However, no such retail natural gas supplier or such | 40867 |
| governmental aggregator serving or proposing to serve customers of | 40868 |
| a particular natural gas company, as defined in section 4929.01 of | 40869 |
| the Revised Code, shall be assessed under this section until after | 40870 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 40871 |
| Revised Code, has removed from the base rates of the natural gas | 40872 |
| company the amount of assessment under this section that is | 40873 |
| attributable to the value of commodity sales service, as defined | 40874 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 40875 |
| those customers of the company that do not purchase that service | 40876 |
| from the natural gas company. | 40877 |
| (B) | 40878 |
| of October in each year, the commission shall notify each such | 40879 |
| railroad and public utility of the sum assessed against it, | 40880 |
| whereupon payment shall be made to the commission, which shall | 40881 |
| deposit it into the state treasury to the credit of the public | 40882 |
| utilities fund, which is hereby created. Beginning in calendar | 40883 |
| year 2006, on or before the fifteenth day of May in each year, the | 40884 |
| commission shall notify each railroad and public utility that had | 40885 |
| a sum assessed against it for the current fiscal year of more than | 40886 |
| one thousand dollars that fifty per cent of that amount shall be | 40887 |
| paid to the commission by the twentieth day of June of that year | 40888 |
| as an initial payment of the assessment against the company for | 40889 |
| the next fiscal year. On or before the first day of October in | 40890 |
| each year, the commission shall make a final determination of the | 40891 |
| sum of the assessment against each railroad and public utility and | 40892 |
| shall notify each railroad and public utility of the sum assessed | 40893 |
| against it. The commission shall deduct from the assessment for | 40894 |
| each railroad or public utility any initial payment received. | 40895 |
| Payment of the assessment shall be made to the commission by the | 40896 |
| first day of November of that year. The commission shall deposit | 40897 |
| the payments received into the state treasury to the credit of the | 40898 |
| public utilities fund. Any such amounts paid into the fund but not | 40899 |
| expended by the commission shall be credited ratably, after first | 40900 |
| deducting any deficits accumulated from prior years, by the | 40901 |
| commission to railroads and public utilities that pay more than | 40902 |
| the minimum assessment, according to the respective portions of | 40903 |
| such sum
assessable against them for the ensuing | 40904 |
| year. The
assessments for such | 40905 |
| reduced correspondingly. | 40906 |
| (C) Within five days after the beginning of each fiscal year | 40907 |
| through fiscal year 2006, the director of budget and management | 40908 |
| shall transfer from the general revenue fund to the public | 40909 |
| utilities fund an amount sufficient for maintaining and | 40910 |
| administering the public utilities commission and exercising its | 40911 |
| supervision and jurisdiction over the railroads and public | 40912 |
| utilities of the state during the first four months of the fiscal | 40913 |
| year. The director shall transfer the same amount back to the | 40914 |
| general revenue fund from the public utilities fund at such time | 40915 |
| as the director determines that the balance of the public | 40916 |
| utilities fund is sufficient to support the appropriations from | 40917 |
| the fund for the fiscal year. The director may transfer less than | 40918 |
| that amount if the director determines that the revenues of the | 40919 |
| public utilities fund during the fiscal year will be insufficient | 40920 |
| to support the appropriations from the fund for the fiscal year, | 40921 |
| in which case the amount not paid back to the general revenue fund | 40922 |
| shall be payable to the general revenue fund in future fiscal | 40923 |
| years. | 40924 |
| (D) For the purpose of this section only, "public utility" | 40925 |
| includes: | 40926 |
| (1) In addition to an electric utility as defined in section | 40927 |
| 4928.01 of the Revised Code, an electric services company, an | 40928 |
| electric cooperative, or a governmental aggregator subject to | 40929 |
| certification under section 4928.08 of the Revised Code, to the | 40930 |
| extent of the company's, cooperative's, or aggregator's engagement | 40931 |
| in the business of supplying or arranging for the supply in this | 40932 |
| state of any retail electric service for which it must be so | 40933 |
| certified; | 40934 |
| (2) In addition to a natural gas company as defined in | 40935 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 40936 |
| or governmental aggregator subject to certification under section | 40937 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 40938 |
| aggregator's engagement in the business of supplying or arranging | 40939 |
| for the supply in this state of any competitive retail natural gas | 40940 |
| service for which it must be certified. | 40941 |
| (E) Each public utilities commissioner shall receive a salary | 40942 |
| fixed at the level set by pay range 49 under schedule E-2 of | 40943 |
| section 124.152 of the Revised Code. | 40944 |
| Sec. 4905.261. The public utilities commission shall operate | 40945 |
| a telephone call center for consumer complaints, to receive | 40946 |
| complaints by any person, firm, or corporation against any public | 40947 |
| utility. | 40948 |
| Sec. 4905.54. Every public utility or railroad and every | 40949 |
| officer of a public utility or railroad shall comply with every | 40950 |
| order, direction, and requirement of the public utilities | 40951 |
| commission made under authority of this chapter and Chapters | 40952 |
| 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, | 40953 |
| so long as they remain in force. Except as otherwise specifically | 40954 |
| provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and | 40955 |
| 4923.99 of the Revised Code, the public utilities commission may | 40956 |
| assess a forfeiture of not more than ten thousand dollars for each | 40957 |
| violation or failure against a public utility or railroad that | 40958 |
| violates a provision of those chapters or that after due notice | 40959 |
| fails to comply with an order, direction, or requirement of the | 40960 |
| commission that was
officially promulgated | 40961 |
| 40962 | |
| 40963 | |
| a separate offense. All forfeitures collected under this section | 40964 |
| shall be credited to the general revenue fund. | 40965 |
| Sec. 4905.95. (A) Except as otherwise provided in division | 40966 |
| (C) of this section: | 40967 |
| (1) The public utilities commission, regarding any proceeding | 40968 |
| under this section, shall provide reasonable notice and the | 40969 |
| opportunity for a hearing in accordance with rules adopted under | 40970 |
| section 4901.13 of the Revised Code. | 40971 |
| (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and | 40972 |
| 4903.20 to 4903.23 of the Revised Code apply to all proceedings | 40973 |
| and orders of the commission under this section and to all | 40974 |
| operators subject to those proceedings and orders. | 40975 |
| (B) If, pursuant to a proceeding it specially initiates or to | 40976 |
| any other proceeding and after the hearing provided for under | 40977 |
| division (A) of this section, the commission finds that: | 40978 |
| (1) An operator has violated or failed to comply with, or is | 40979 |
| violating or failing to comply with, sections 4905.90 to 4905.96 | 40980 |
| of the Revised Code or the pipe-line safety code, the commission | 40981 |
| by order: | 40982 |
| (a) Shall require the operator to comply and to undertake | 40983 |
| corrective action necessary to protect the public safety; | 40984 |
| (b) May assess upon the operator forfeitures of not more than | 40985 |
| 40986 | |
| noncompliance, except that the aggregate of such forfeitures shall | 40987 |
| not exceed | 40988 |
| related series of violations or noncompliances. In determining the | 40989 |
| amount of any such forfeiture, the commission shall consider all | 40990 |
| of the following: | 40991 |
| (i) The gravity of the violation or noncompliance; | 40992 |
| (ii) The operator's history of prior violations or | 40993 |
| noncompliances; | 40994 |
| (iii) The operator's good faith efforts to comply and | 40995 |
| undertake corrective action; | 40996 |
| (iv) The operator's ability to pay the forfeiture; | 40997 |
| (v) The effect of the forfeiture on the operator's ability to | 40998 |
| continue as an operator; | 40999 |
| (vi) Such other matters as justice may require. | 41000 |
| All forfeitures collected under this division or section 4905.96 | 41001 |
| of the Revised Code shall be deposited in the state treasury to | 41002 |
| the credit of the general revenue fund. | 41003 |
| (c) May direct the attorney general to seek the remedies | 41004 |
| provided in section 4905.96 of the Revised Code. | 41005 |
| (2) An intrastate pipe-line transportation facility is | 41006 |
| hazardous to life or property, the commission by order: | 41007 |
| (a) Shall require the operator of the facility to take | 41008 |
| corrective action to remove the hazard. Such corrective action may | 41009 |
| include suspended or restricted use of the facility, physical | 41010 |
| inspection, testing, repair, replacement, or other action. | 41011 |
| (b) May direct the attorney general to seek the remedies | 41012 |
| provided in section 4905.96 of the Revised Code. | 41013 |
| (C) If, pursuant to a proceeding it specially initiates or to | 41014 |
| any other proceeding, the commission finds that an emergency | 41015 |
| exists due to a condition on an intrastate pipe-line | 41016 |
| transportation facility posing a clear and immediate danger to | 41017 |
| life or health or threatening a significant loss of property and | 41018 |
| requiring immediate corrective action to protect the public | 41019 |
| safety, the commission may issue, without notice or prior hearing, | 41020 |
| an order reciting its finding and may direct the attorney general | 41021 |
| to seek the remedies provided in section 4905.96 of the Revised | 41022 |
| Code. The order shall remain in effect for not more than forty | 41023 |
| days after the date of its issuance. The order shall provide for a | 41024 |
| hearing as soon as possible, but not later than thirty days after | 41025 |
| the date of its issuance. After the hearing the commission shall | 41026 |
| continue, revoke, or modify the order and may make findings under | 41027 |
| and seek appropriate remedies as provided in division (B) of this | 41028 |
| section. | 41029 |
| Sec. 4911.02. (A) The consumers' counsel shall be appointed | 41030 |
| by the consumers' counsel governing board, and shall hold office | 41031 |
| at the pleasure of the board. | 41032 |
| (B)(1) The counsel may sue or be sued and has the powers and | 41033 |
| duties granted | 41034 |
| necessary powers to carry out the purposes of this chapter. | 41035 |
| (2) Without limitation because of enumeration, the counsel: | 41036 |
| (a) Shall have all the rights and powers of any party in | 41037 |
| interest appearing before the public utilities commission | 41038 |
| regarding examination and cross-examination of witnesses, | 41039 |
| presentation of evidence, and other matters; | 41040 |
| (b) May take appropriate action with respect to written | 41041 |
| residential consumer complaints concerning quality of service, | 41042 |
| service charges, and the operation of the public utilities | 41043 |
| commission; | 41044 |
| (c) May institute, intervene in, or otherwise participate in | 41045 |
| proceedings in both state and federal courts and administrative | 41046 |
| agencies on behalf of the residential consumers concerning review | 41047 |
| of decisions rendered by, or failure to act by, the public | 41048 |
| utilities commission; | 41049 |
| (d) May conduct long range studies concerning various topics | 41050 |
| relevant to the rates charged to | 41051 |
| Sec. 4911.021. The consumers' counsel shall not operate a | 41052 |
| telephone call consumer response center for residential consumer | 41053 |
| complaints. Any calls received by the consumers' counsel | 41054 |
| concerning residential consumer complaints shall be forwarded to | 41055 |
| the public utilities commission's call center. | 41056 |
| Sec. 4911.18. (A) For the sole purpose of maintaining and | 41057 |
| administering the office of the consumers' counsel and exercising | 41058 |
| the powers of the consumers' counsel under this chapter, an amount | 41059 |
| equal to the appropriation to the office of the consumers' counsel | 41060 |
| in each fiscal year shall be apportioned among and assessed | 41061 |
| against each public utility within this state, as defined in | 41062 |
| section 4911.01 of the Revised Code, by first computing an | 41063 |
| assessment as though it were to be made in proportion to the | 41064 |
| intrastate gross earnings or receipts of the public utility for | 41065 |
| the calendar year next preceding that in which the assessment is | 41066 |
| made, excluding earnings or receipts from sales to other public | 41067 |
| utilities for resale. The office may include in that first | 41068 |
| computation any amount of a public utility's intrastate gross | 41069 |
| earnings or receipts underreported in a prior year. In addition to | 41070 |
| whatever penalties apply under the Revised Code to such | 41071 |
| underreporting, the office shall assess the public utility | 41072 |
| interest at the rate stated in division (A) of section 1343.01 of | 41073 |
| the Revised Code. The office shall deposit any interest so | 41074 |
| collected into the consumers' counsel operating fund. The office | 41075 |
| may exclude from that first computation any such amounts that were | 41076 |
| over-reported in a prior year. | 41077 |
| The final computation of the assessment shall consist of | 41078 |
| imposing upon each public utility whose assessment under the first | 41079 |
|
computation would have been | 41080 |
| assessment
of
| 41081 |
| assessment of the remaining companies by apportioning an amount | 41082 |
| equal to the appropriation to the office of consumers' counsel in | 41083 |
| each fiscal year less the total amount to be recovered from those | 41084 |
| paying the minimum assessment, in proportion to the intrastate | 41085 |
| gross earnings or receipts of the remaining companies for the | 41086 |
| calendar year next preceding that in which the assessments are | 41087 |
| made, excluding earnings or receipts from sales to other public | 41088 |
| utilities for resale. | 41089 |
| In the case of an assessment based on intrastate gross | 41090 |
| receipts under this section against a public utility that is an | 41091 |
| electric utility as defined in section 4928.01 of the Revised | 41092 |
| Code, or an electric services company, electric cooperative, or | 41093 |
| governmental aggregator subject to certification under section | 41094 |
| 4928.08 of the Revised Code, such receipts shall be those | 41095 |
| specified in the utility's, company's, cooperative's, or | 41096 |
| aggregator's most recent report of intrastate gross receipts and | 41097 |
| sales of kilowatt hours of electricity, filed with the public | 41098 |
| utilities commission pursuant to division (F) of section 4928.06 | 41099 |
| of the Revised Code, and verified by the commission. | 41100 |
| In the case of an assessment based on intrastate gross | 41101 |
| receipts under this section against a retail natural gas supplier | 41102 |
| or governmental aggregator subject to certification under section | 41103 |
| 4929.20 of the Revised Code, such receipts shall be those | 41104 |
| specified in the supplier's or aggregator's most recent report of | 41105 |
| intrastate gross receipts and sales of hundred cubic feet of | 41106 |
| natural gas, filed with the commission pursuant to division (B) of | 41107 |
| section 4929.23 of the Revised Code, and verified by the | 41108 |
| commission. However, no such retail natural gas supplier or such | 41109 |
| governmental aggregator serving or proposing to serve customers of | 41110 |
| a particular natural gas company, as defined in section 4929.01 of | 41111 |
| the Revised Code, shall be assessed under this section until after | 41112 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 41113 |
| Revised Code, has removed from the base rates of the natural gas | 41114 |
| company the amount of assessment under this section that is | 41115 |
| attributable to the value of commodity sales service, as defined | 41116 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 41117 |
| those customers of the company that do not purchase that service | 41118 |
| from the natural gas company. | 41119 |
| (B) | 41120 |
| of October in each year, the office of consumers' counsel shall | 41121 |
| notify each public utility of the sum assessed against it, | 41122 |
| whereupon payment shall be made to the counsel, who shall deposit | 41123 |
| it into the state treasury to the credit of the consumers' counsel | 41124 |
| operating fund, which is hereby created. Beginning in calendar | 41125 |
| year 2006, on or before the fifteenth day of May in each year, the | 41126 |
| consumers' counsel shall notify each public utility that had a sum | 41127 |
| assessed against it for the current fiscal year of more than one | 41128 |
| thousand dollars that fifty per cent of that amount shall be paid | 41129 |
| to the consumers' counsel by the twentieth day of June of that | 41130 |
| year as an initial payment of the assessment against the company | 41131 |
| for the next fiscal year. On or before the first day of October in | 41132 |
| each year, the consumers' counsel shall make a final determination | 41133 |
| of the sum of the assessment against each public utility and shall | 41134 |
| notify each public utility of the sum assessed against it. The | 41135 |
| consumers' counsel shall deduct from the assessment for each | 41136 |
| public utility any initial payment received. Payment of the | 41137 |
| assessment shall be made to the consumers' counsel by the first | 41138 |
| day of November of that year. The consumers' counsel shall deposit | 41139 |
| the payments received into the state treasury to the credit of the | 41140 |
| consumers' counsel operating fund. Any such amounts paid into the | 41141 |
| fund but not expended by the office shall be credited ratably by | 41142 |
| the office to the public utilities that pay more than the minimum | 41143 |
| assessment, according to the respective portions of such sum | 41144 |
| assessable against them
for
the ensuing | 41145 |
| after first deducting any deficits accumulated from prior years. | 41146 |
| The assessments for such | 41147 |
| correspondingly. | 41148 |
| (C) Within five days after the beginning of each fiscal year | 41149 |
| through fiscal year 2006, the director of budget and management | 41150 |
| shall transfer from the general revenue fund to the consumers' | 41151 |
| counsel operating fund an amount sufficient for maintaining and | 41152 |
| administering the office of the consumers' counsel and exercising | 41153 |
| the powers of the consumers' counsel under this chapter during the | 41154 |
| first four months of the fiscal year. Not later than the | 41155 |
| thirty-first day of December of the fiscal year, the same amount | 41156 |
| shall be transferred back to the general revenue fund from the | 41157 |
| consumers' counsel operating fund. | 41158 |
| (D) As used in this section, "public utility" includes: | 41159 |
| (1) In addition to an electric utility as defined in section | 41160 |
| 4928.01 of the Revised Code, an electric services company, an | 41161 |
| electric cooperative, or a governmental aggregator subject to | 41162 |
| certification under section 4928.08 of the Revised Code, to the | 41163 |
| extent of the company's, cooperative's, or aggregator's engagement | 41164 |
| in the business of supplying or arranging for the supply in this | 41165 |
| state of any retail electric service for which it must be so | 41166 |
| certified; | 41167 |
| (2) In addition to a natural gas company as defined in | 41168 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 41169 |
| or governmental aggregator subject to certification under section | 41170 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 41171 |
| aggregator's engagement in the business of supplying or arranging | 41172 |
| for the supply in this state of any competitive retail natural gas | 41173 |
| service for which it must be certified. | 41174 |
| Sec. 4973.171. (A) As used in this section, "felony" has the | 41175 |
| same meaning as in section 109.511 of the Revised Code. | 41176 |
| (B)(1) The | 41177 |
| commission a person as a police officer for a railroad company | 41178 |
| under division (B) of section 4973.17 of the Revised Code and | 41179 |
| shall not appoint or commission a person as a police officer for a | 41180 |
| hospital under division (D) of section 4973.17 of the Revised Code | 41181 |
| on a permanent basis, on a temporary basis, for a probationary | 41182 |
| term, or on other than a permanent basis if the person previously | 41183 |
| has been convicted of or has pleaded guilty to a felony. | 41184 |
| (2)(a) The | 41185 |
| appointment or commission of a person appointed or commissioned as | 41186 |
| a police officer for a railroad company or as a police officer for | 41187 |
| a hospital under division (B) or (D) of section 4973.17 of the | 41188 |
| Revised Code if that person does either of the following: | 41189 |
| (i) Pleads guilty to a felony; | 41190 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 41191 |
| plea agreement as provided in division (D) of section 2929.43 of | 41192 |
| the Revised Code in which the person agrees to surrender the | 41193 |
| certificate awarded to that person under section 109.77 of the | 41194 |
| Revised Code. | 41195 |
| (b) The | 41196 |
| appointment or commission of a person appointed or commissioned as | 41197 |
| a police officer for a railroad company or as a police officer for | 41198 |
| a hospital under division (B) or (D) of section 4973.17 of the | 41199 |
| Revised Code if that person is convicted, after trial, of a | 41200 |
| felony. If the person files an appeal from that conviction and the | 41201 |
| conviction is upheld by the highest court to which the appeal is | 41202 |
| taken or if the person
does not file a timely appeal,
the | 41203 |
| secretary of state shall revoke the appointment or commission of | 41204 |
| that person as a police officer for a railroad company or as a | 41205 |
| police officer for a hospital. If the person files an appeal that | 41206 |
| results in that person's acquittal of the felony or conviction of | 41207 |
| a misdemeanor, or in the dismissal of the felony charge against | 41208 |
| that person, the
| 41209 |
| appointment or commission of that person as a police officer for a | 41210 |
| railroad company or as a police officer for a hospital. A person | 41211 |
| whose appointment or commission is reinstated under division | 41212 |
| (B)(2)(b) of this section shall not receive any back pay unless | 41213 |
| that person's conviction of the felony was reversed on appeal, or | 41214 |
| the felony charge was dismissed, because the court found | 41215 |
| insufficient evidence to convict the person of the felony. | 41216 |
| (3) Division (B) of this section does not apply regarding an | 41217 |
| offense that was committed prior to January 1, 1997. | 41218 |
| (4) The suspension or revocation of the appointment or | 41219 |
| commission of a person as a police officer for a railroad company | 41220 |
| or as a police officer for a hospital under division (B)(2) of | 41221 |
| this section shall be in accordance with Chapter 119. of the | 41222 |
| Revised Code. | 41223 |
| Sec. 5101.07. There is hereby created in the state treasury | 41224 |
| the support services federal operating fund. The fund shall | 41225 |
| consist of federal funds the department of job and family services | 41226 |
| receives and that the director of job and family services | 41227 |
| determines are appropriate for deposit into the fund. Money in the | 41228 |
| fund shall be used to pay the federal share of both of the | 41229 |
| following: | 41230 |
| (A) The department's costs for computer projects; | 41231 |
| (B) The operating costs of the parts of the department that | 41232 |
| provide general support services for the department's work units | 41233 |
| established under section 5101.06 of the Revised Code. | 41234 |
| Sec. 5101.071. There is hereby created in the state treasury | 41235 |
| the support services state operating fund. The fund shall consist | 41236 |
| of payments made to the fund from other appropriation items by | 41237 |
| intrastate transfer voucher. Money in the fund shall be used to | 41238 |
| pay for both of the following: | 41239 |
| (A) The department of job and family services' costs for | 41240 |
| computer projects; | 41241 |
| (B) The operating costs of the parts of the department that | 41242 |
| provide general support services for the department's work units | 41243 |
| established under section 5101.06 of the Revised Code. | 41244 |
| Sec. 5101.181. (A) As used in this section and section | 41245 |
| 5101.182 of the Revised Code, "public assistance" includes, in | 41246 |
| addition to Ohio works first, all of the following: | 41247 |
| (1) Prevention, retention, and contingency; | 41248 |
| (2) Medicaid; | 41249 |
| (3) Disability financial assistance; | 41250 |
| (4) Disability medical assistance provided before October 1, | 41251 |
| 2005, under former Chapter 5115. of the Revised Code; | 41252 |
| (5) General assistance provided prior to July 17, 1995, under | 41253 |
| former Chapter 5113. of the Revised Code. | 41254 |
| (B) As part of the procedure for the determination of | 41255 |
| overpayment to a recipient of public assistance under Chapter | 41256 |
| 5107., 5108., 5111., or 5115. of the Revised Code, the director of | 41257 |
| job and family services shall furnish quarterly the name and | 41258 |
| social security number of each individual who receives public | 41259 |
| assistance to the director of administrative services, the | 41260 |
| administrator of the bureau of workers' compensation, and each of | 41261 |
| the state's retirement boards. Within fourteen days after | 41262 |
| receiving the name and social security number of an individual who | 41263 |
| receives public assistance, the director of administrative | 41264 |
| services, administrator, or board shall inform the auditor of | 41265 |
| state as to whether such individual is receiving wages or | 41266 |
| benefits, the amount of any wages or benefits being received, the | 41267 |
| social security number, and the address of the individual. The | 41268 |
| director of administrative services, administrator, boards, and | 41269 |
| any agent or employee of those officials and boards shall comply | 41270 |
| with the rules of the director of job and family services | 41271 |
| restricting the disclosure of information regarding recipients of | 41272 |
| public assistance. Any person who violates this provision shall | 41273 |
| thereafter be disqualified from acting as an agent or employee or | 41274 |
| in any other capacity under appointment or employment of any state | 41275 |
| board, commission, or agency. | 41276 |
| (C) The auditor of state may enter into a reciprocal | 41277 |
| agreement with the director of job and family services or | 41278 |
| comparable officer of any other state for the exchange of names, | 41279 |
| current or most recent addresses, or social security numbers of | 41280 |
| persons receiving public assistance under Title IV-A or under | 41281 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 41282 |
| U.S.C. 301, as amended. | 41283 |
| (D)(1) The auditor of state shall retain, for not less than | 41284 |
| two years, at least one copy of all information received under | 41285 |
| this section and sections 145.27, 742.41, 3307.20, 3309.22, | 41286 |
| 4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor | 41287 |
| shall review the information to determine whether overpayments | 41288 |
| were made to recipients of public assistance under Chapters 5107., | 41289 |
| 5108., 5111., and 5115. of the Revised Code. The auditor of state | 41290 |
| shall initiate action leading to prosecution, where warranted, of | 41291 |
| recipients who received overpayments by forwarding the name of | 41292 |
| each recipient who received overpayment, together with other | 41293 |
| pertinent information, to the director of job and family services | 41294 |
| and the attorney general, to the district director of job and | 41295 |
| family services of the district through which public assistance | 41296 |
| was received, and to the county director of job and family | 41297 |
| services and county prosecutor of the county through which public | 41298 |
| assistance was received. | 41299 |
| (2) The auditor of state and the attorney general or their | 41300 |
| designees may examine any records, whether in computer or printed | 41301 |
| format, in the possession of the director of job and family | 41302 |
| services or any county director of job and family services. They | 41303 |
| shall provide safeguards which restrict access to such records to | 41304 |
| purposes directly connected with an audit or investigation, | 41305 |
| prosecution, or criminal or civil proceeding conducted in | 41306 |
| connection with the administration of the programs and shall | 41307 |
| comply with the rules of the director of job and family services | 41308 |
| restricting the disclosure of information regarding recipients of | 41309 |
| public assistance. Any person who violates this provision shall | 41310 |
| thereafter be disqualified from acting as an agent or employee or | 41311 |
| in any other capacity under appointment or employment of any state | 41312 |
| board, commission, or agency. | 41313 |
| (3) Costs incurred by the auditor of state in carrying out | 41314 |
| the auditor of state's duties under this division shall be borne | 41315 |
| by the auditor of state. | 41316 |
| Sec. 5101.21. (A) As used in this section, "county signer" | 41317 |
| means all of the following: | 41318 |
| (1) A board of county commissioners; | 41319 |
| (2) A county children services board appointed under section | 41320 |
| 5153.03 of the Revised Code if required by division (B) of this | 41321 |
| section to enter into a fiscal agreement; | 41322 |
| (3) A county elected official that is a child support | 41323 |
| enforcement agency if required by division (B) of this section to | 41324 |
| enter into a fiscal agreement. | 41325 |
| (B) The director of job and family services may enter into | 41326 |
| one or more written fiscal agreements with boards of county | 41327 |
| commissioners under which financial assistance is awarded for | 41328 |
| family services duties included in the agreements. Boards of | 41329 |
| county commissioners shall select which family services duties to | 41330 |
| include in a fiscal agreement. If a board of county commissioners | 41331 |
| elects to include family services duties of a public children | 41332 |
| services agency and a county children services board appointed | 41333 |
| under section 5153.03 of the Revised Code serves as the county's | 41334 |
| public children services agency, the board of county commissioners | 41335 |
| and county children services board shall jointly enter into the | 41336 |
| fiscal agreement with the director. If a board of county | 41337 |
| commissioners elects to include family services duties of a child | 41338 |
| support enforcement agency and the entity designated under former | 41339 |
| section 2301.35 of the Revised Code prior to October 1, 1997, or | 41340 |
| designated under section 307.981 of the Revised Code as the | 41341 |
| county's child support enforcement agency is an elected official | 41342 |
| of the county, the board of county commissioners and county | 41343 |
| elected official shall jointly enter into the fiscal agreement | 41344 |
| with the director. A fiscal agreement shall do all of the | 41345 |
| following: | 41346 |
| (1) Specify the family services duties included in the | 41347 |
| agreement and the private and government entities designated under | 41348 |
| section 307.981 of the Revised Code to serve as the county family | 41349 |
| services agencies performing the family services duties; | 41350 |
| (2) Provide for the department of job and family services to | 41351 |
| award financial assistance for the family services duties included | 41352 |
| in the agreement in accordance with a methodology for determining | 41353 |
| the amount of the award established by rules adopted under | 41354 |
| division (D) of this section; | 41355 |
| (3) Specify the form of the award of financial assistance | 41356 |
| which may be an allocation, cash draw, reimbursement, property, | 41357 |
| or, to the extent authorized by an appropriation made by the | 41358 |
| general assembly and to the extent practicable and not in conflict | 41359 |
| with a federal or state law, a consolidated funding allocation for | 41360 |
| two or more family services duties included in the agreement; | 41361 |
| (4) Provide that the award of financial assistance is subject | 41362 |
| to the availability of federal funds and appropriations made by | 41363 |
| the general assembly; | 41364 |
| (5) Specify annual financial, administrative, or other | 41365 |
| incentive awards, if any, to be provided in accordance with | 41366 |
| section 5101.23 of the Revised Code; | 41367 |
| (6) Include the assurance of each county signer that the | 41368 |
| county signer will do all of the following: | 41369 |
| (a) Ensure that the financial assistance awarded under the | 41370 |
| agreement is used, and the family services duties included in the | 41371 |
| agreement are performed, in accordance with requirements for the | 41372 |
| duties established by the department, a federal or state law, or | 41373 |
| any of the following that concern the family services duties | 41374 |
| included in the fiscal agreement and are published under section | 41375 |
| 5101.212 of the Revised Code: state plans for receipt of federal | 41376 |
| financial participation, grant agreements between the department | 41377 |
| and a federal agency, and executive orders issued by the governor; | 41378 |
| (b) Ensure that the board and county family services agencies | 41379 |
| utilize a financial management system and other accountability | 41380 |
| mechanisms for the financial assistance awarded under the | 41381 |
| agreement that meet requirements the department establishes; | 41382 |
| (c) Require the county family services agencies to do both of | 41383 |
| the following: | 41384 |
| (i) Monitor all private and government entities that receive | 41385 |
| a payment from financial assistance awarded under the agreement to | 41386 |
| ensure that each entity uses the payment in accordance with | 41387 |
| requirements for the family services duties included in the | 41388 |
| agreement; | 41389 |
| (ii) Take action to recover payments that are not used in | 41390 |
| accordance with the requirements for the family services duties | 41391 |
| included in the agreement. | 41392 |
| (d) Require county family services agencies to promptly | 41393 |
| reimburse the department the amount that represents the amount an | 41394 |
| agency is responsible for, pursuant to action the department takes | 41395 |
| under division (C) of section 5101.24 of the Revised Code, of | 41396 |
| funds the department pays to any entity because of an adverse | 41397 |
| audit finding, adverse quality control finding, final disallowance | 41398 |
| of federal financial participation, or other sanction or penalty; | 41399 |
| (e) Require county family services agencies to take prompt | 41400 |
| corrective action, including paying amounts resulting from an | 41401 |
| adverse finding, sanction, or penalty, if the department, auditor | 41402 |
| of state, federal agency, or other entity authorized by federal or | 41403 |
| state law to determine compliance with requirements for a family | 41404 |
| services duty included in the agreement determines compliance has | 41405 |
| not been achieved | 41406 |
| | 41407 |
| 41408 | |
| 41409 | |
| 41410 | |
| 41411 |
| (7) Provide for the department taking action pursuant to | 41412 |
| division (C) of section 5101.24 of the Revised Code if authorized | 41413 |
| by division (B)(1), (2), (3), or (4) of that section; | 41414 |
| (8) Provide for timely audits required by federal and state | 41415 |
| law and require prompt release of audit findings and prompt action | 41416 |
| to correct problems identified in an audit; | 41417 |
| (9) Comply with all of the requirements for the family | 41418 |
| services duties that are included in the agreement and have been | 41419 |
| established by the department, federal or state law, or any of the | 41420 |
| following that concern the family services duties included in the | 41421 |
| fiscal agreement and are published under section 5101.212 of the | 41422 |
| Revised Code: state plans for receipt of federal financial | 41423 |
| participation, grant agreements between the department and a | 41424 |
| federal agency, and executive orders issued by the governor; | 41425 |
| (10) Provide for dispute resolution procedures in accordance | 41426 |
| with section 5101.24 of the Revised Code; | 41427 |
| (11) Establish the method of amending or terminating the | 41428 |
| agreement and an expedited process for correcting terms or | 41429 |
| conditions of the agreement that the director and each county | 41430 |
| signer agree are erroneous; | 41431 |
| (12) Except as provided in rules adopted under division (D) | 41432 |
| of this section, begin on the first day of July of an odd-numbered | 41433 |
| year and end on the last day of June of the next odd-numbered | 41434 |
| year. | 41435 |
| (C) The department shall make payments authorized by a fiscal | 41436 |
| agreement on vouchers it prepares and may include any funds | 41437 |
| appropriated or allocated to it for carrying out family services | 41438 |
| duties included in the agreement, including funds for personal | 41439 |
| services and maintenance. | 41440 |
| (D)(1) The director shall adopt rules in accordance with | 41441 |
| section 111.15 of the Revised Code governing fiscal agreements. | 41442 |
| The director shall adopt the rules as if they were internal | 41443 |
| management rules. Before adopting the rules, the director shall | 41444 |
| give the public an opportunity to review and comment on the | 41445 |
| proposed rules. The rules shall establish methodologies to be used | 41446 |
| to determine the amount of financial assistance to be awarded | 41447 |
| under the agreements. The rules also shall establish terms and | 41448 |
| conditions under which an agreement may be entered into after the | 41449 |
| first day of July of an odd-numbered year. The rules may do any or | 41450 |
| all of the following: | 41451 |
| (a) | 41452 |
| 41453 | |
| 41454 | |
| 41455 | |
| 41456 | |
| 41457 |
| | 41458 |
| | 41459 |
| under the agreements; | 41460 |
| | 41461 |
| requirements the director determines are necessary to provide | 41462 |
| accountability for the use of financial assistance awarded under | 41463 |
| the agreements and determine compliance with requirements | 41464 |
| established by the department, a federal or state law, or any of | 41465 |
| the following that concern the family services duties included in | 41466 |
| the agreements and are published under section 5101.212 of the | 41467 |
| Revised Code: state plans for receipt of federal financial | 41468 |
| participation, grant agreements between the department and a | 41469 |
| federal entity, and executive orders issued by the governor. | 41470 |
| (2) A requirement of a fiscal agreement established by a rule | 41471 |
| adopted under this division is applicable to a fiscal agreement | 41472 |
| without having to be restated in the fiscal agreement. | 41473 |
| Sec. 5101.24. (A) As used in this section, "responsible | 41474 |
| entity" means a board of county commissioners or a county family | 41475 |
| services agency, whichever the director of job and family services | 41476 |
| determines is appropriate to take action against under division | 41477 |
| (C) of this section. | 41478 |
| (B) Regardless of whether a family services duty is performed | 41479 |
| by a county family services agency, private or government entity | 41480 |
| pursuant to a contract entered into under section 307.982 of the | 41481 |
| Revised Code or division (C)(2) of section 5153.16 of the Revised | 41482 |
| Code, or private or government provider of a family service duty, | 41483 |
| the department of job and family services may take action under | 41484 |
| division (C) of this section against the responsible entity if the | 41485 |
| department determines any of the following are the case: | 41486 |
| (1) A requirement of a fiscal agreement entered into under | 41487 |
| section 5101.21 of the Revised Code that includes the family | 41488 |
| services duty, including a requirement for fiscal agreements | 41489 |
| established by rules adopted under that section, is not complied | 41490 |
| with; | 41491 |
| (2) A county family services agency fails to develop, submit | 41492 |
| to the department, or comply with a corrective action plan under | 41493 |
| division (B) of section 5101.221 of the Revised Code, or the | 41494 |
| department disapproves the agency's corrective action plan | 41495 |
| developed under division (B) of section 5101.221 of the Revised | 41496 |
| Code; | 41497 |
| (3) A requirement for the family services duty established by | 41498 |
| the department or any of the following is not complied with: a | 41499 |
| federal or state law, state plan for receipt of federal financial | 41500 |
| participation, grant agreement between the department and a | 41501 |
| federal agency, or executive order issued by the governor; | 41502 |
| (4) The responsible entity is solely or partially | 41503 |
| responsible, as determined by the director of job and family | 41504 |
| services, for an adverse audit finding, adverse quality control | 41505 |
| finding, final disallowance of federal financial participation, or | 41506 |
| other sanction or penalty regarding the family services duty. | 41507 |
| (5) The responsible entity is solely or partially | 41508 |
| responsible, as determined by the director of job and family | 41509 |
| services, for failure to comply with a requirement established | 41510 |
| under Title IV-A of the "Social Security Act," 110 Stat. 2113 | 41511 |
| (1996), 42 U.S.C. 601, as amended, that results in the state being | 41512 |
| required to increase its qualified state expenditures as defined | 41513 |
| in 42 U.S.C. 609(a)(7)(B)(i), to avoid a penalty under 42 U.S.C. | 41514 |
| 609(a)(7). | 41515 |
| (C) The department may take one or more of the following | 41516 |
| actions against the responsible entity when authorized by division | 41517 |
| (B)(1), (2), (3), or (4) of this section: | 41518 |
| (1) Require the responsible entity to comply with a | 41519 |
| corrective action plan pursuant to a time schedule specified by | 41520 |
| the department. The corrective action plan shall be established or | 41521 |
| approved by the department and shall not require a county family | 41522 |
| services agency to commit resources to the plan. | 41523 |
| (2) Require the responsible entity to comply with a | 41524 |
| corrective action plan pursuant to a time schedule specified by | 41525 |
| the department. The corrective action plan shall be established or | 41526 |
| approved by the department and require a county family services | 41527 |
| agency to commit to the plan existing resources identified by the | 41528 |
| agency. | 41529 |
| (3) Require the responsible entity to do one of the | 41530 |
| following: | 41531 |
| (a) Share with the department a final disallowance of federal | 41532 |
| financial participation or other sanction or penalty; | 41533 |
| (b) Reimburse the department the final amount the department | 41534 |
| pays to the federal government or another entity that represents | 41535 |
| the amount the responsible entity is responsible for of an adverse | 41536 |
| audit finding, adverse quality control finding, final disallowance | 41537 |
| of federal financial participation, or other sanction or penalty | 41538 |
| issued by the federal government, auditor of state, or other | 41539 |
| entity; | 41540 |
| (c) Pay the federal government or another entity the final | 41541 |
| amount that represents the amount the responsible entity is | 41542 |
| responsible for of an adverse audit finding, adverse quality | 41543 |
| control finding, final disallowance of federal financial | 41544 |
| participation, or other sanction or penalty issued by the federal | 41545 |
| government, auditor of state, or other entity; | 41546 |
| (d) Pay the department the final amount that represents the | 41547 |
| amount the responsible entity is responsible for of an adverse | 41548 |
| audit finding or adverse quality control finding. | 41549 |
| (4) Impose an administrative sanction issued by the | 41550 |
| department against the responsible entity. A sanction may be | 41551 |
| increased if the department has previously taken action against | 41552 |
| the responsible entity under this division. | 41553 |
| (5) Perform, or contract with a government or private entity | 41554 |
| for the entity to perform, the family services duty until the | 41555 |
| department is satisfied that the responsible entity ensures that | 41556 |
| the duty will be performed satisfactorily. If the department | 41557 |
| performs or contracts with an entity to perform a family services | 41558 |
| duty under division (C)(5) of this section, the department may do | 41559 |
| either or both of the following: | 41560 |
| (a) Spend funds in the county treasury appropriated by the | 41561 |
| board of county commissioners for the duty; | 41562 |
| (b) Withhold funds allocated or reimbursements due to the | 41563 |
| responsible entity for the duty and spend the funds for the duty. | 41564 |
| (6) Request that the attorney general bring mandamus | 41565 |
| proceedings to compel the responsible entity to take or cease the | 41566 |
| action that causes division (B)(1), (2), (3), or (4) of this | 41567 |
| section to apply. The attorney general shall bring mandamus | 41568 |
| proceedings in the Franklin county court of appeals at the | 41569 |
| department's request. | 41570 |
| (7) If the department takes action under this division | 41571 |
| because of division (B)(3) of this section, temporarily withhold | 41572 |
| funds allocated or reimbursement due to the responsible entity | 41573 |
| until the department determines that the responsible entity is in | 41574 |
| compliance with the requirement. The department shall release the | 41575 |
| funds when the department determines that compliance has been | 41576 |
| achieved. | 41577 |
| (8) If the department takes action under this division | 41578 |
| because of division (B)(5) of this section, increase the county's | 41579 |
| share of public assistance expenditures under section 5101.16 of | 41580 |
| the Revised Code to the extent the responsible entity is | 41581 |
| responsible for the state being required to increase its qualified | 41582 |
| state expenditures. | 41583 |
| (D) If the department proposes to take action against the | 41584 |
| responsible entity under division (C) of this section, the | 41585 |
| department shall notify the responsible entity and county auditor. | 41586 |
| The notice shall be in writing and specify the action the | 41587 |
| department proposes to take. The department shall send the notice | 41588 |
| by regular United States mail. | 41589 |
| Except as provided by division (E) of this section, the | 41590 |
| responsible entity may request an administrative review of a | 41591 |
| proposed action in accordance with administrative review | 41592 |
| procedures the department shall establish. The administrative | 41593 |
| review procedures shall comply with all of the following: | 41594 |
| (1) A request for an administrative review shall state | 41595 |
| specifically all of the following: | 41596 |
| (a) The proposed action specified in the notice from the | 41597 |
| department for which the review is requested; | 41598 |
| (b) The reason why the responsible entity believes the | 41599 |
| proposed action is inappropriate; | 41600 |
| (c) All facts and legal arguments that the responsible entity | 41601 |
| wants the department to consider; | 41602 |
| (d) The name of the person who will serve as the responsible | 41603 |
| entity's representative in the review. | 41604 |
| (2) If the department's notice specifies more than one | 41605 |
| proposed action and the responsible entity does not specify all of | 41606 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 41607 |
| of this section, the proposed actions not specified in the request | 41608 |
| shall not be subject to administrative review and the parts of the | 41609 |
| notice regarding those proposed actions shall be final and binding | 41610 |
| on the responsible entity. | 41611 |
| (3) In the case of a proposed action under division (C)(1) of | 41612 |
| this section, the responsible entity shall have fifteen calendar | 41613 |
| days after the department mails the notice to the responsible | 41614 |
| entity to send a written request to the department for an | 41615 |
| administrative review. If it receives such a request within the | 41616 |
| required time, the department shall postpone taking action under | 41617 |
| division (C)(1) of this section for fifteen calendar days | 41618 |
| following the day it receives the request or extended period of | 41619 |
| time provided for in division (D)(5) of this section to allow a | 41620 |
| representative of the department and a representative of the | 41621 |
| responsible entity an informal opportunity to resolve any dispute | 41622 |
| during that fifteen-day or extended period. | 41623 |
| (4) In the case of a proposed action under division (C)(2), | 41624 |
| (3), (4), (5), | 41625 |
| entity shall have thirty calendar days after the department mails | 41626 |
| the notice to the responsible entity to send a written request to | 41627 |
| the department for an administrative review. If it receives such a | 41628 |
| request within the required time, the department shall postpone | 41629 |
| taking action under division (C)(2), (3), (4), (5), | 41630 |
| of this section for thirty calendar days following the day it | 41631 |
| receives the request or extended period of time provided for in | 41632 |
| division (D)(5) of this section to allow a representative of the | 41633 |
| department and a representative of the responsible entity an | 41634 |
| informal opportunity to resolve any dispute during that thirty-day | 41635 |
| or extended period. | 41636 |
| (5) If the informal opportunity provided in division (D)(3) | 41637 |
| or (4) of this section does not result in a written resolution to | 41638 |
| the dispute within the fifteen- or thirty-day period, the director | 41639 |
| of job and family services and representative of the responsible | 41640 |
| entity may enter into a written agreement extending the time | 41641 |
| period for attempting an informal resolution of the dispute under | 41642 |
| division (D)(3) or (4) of this section. | 41643 |
| (6) In the case of a proposed action under division (C)(3) of | 41644 |
| this section, the responsible entity may not include in its | 41645 |
| request disputes over a finding, final disallowance of federal | 41646 |
| financial participation, or other sanction or penalty issued by | 41647 |
| the federal government, auditor of state, or entity other than the | 41648 |
| department. | 41649 |
| (7) If the responsible entity fails to request an | 41650 |
| administrative review within the required time, the responsible | 41651 |
| entity loses the right to request an administrative review of the | 41652 |
| proposed actions specified in the notice and the notice becomes | 41653 |
| final and binding on the responsible entity. | 41654 |
| (8) If the informal opportunity provided in division (D)(3) | 41655 |
| or (4) of this section does not result in a written resolution to | 41656 |
| the dispute within the time provided by division (D)(3), (4), or | 41657 |
| (5) of this section, the director shall appoint an administrative | 41658 |
| review panel to conduct the administrative review. The review | 41659 |
| panel shall consist of department employees and one director or | 41660 |
| other representative of the type of county family services agency | 41661 |
| that is responsible for the kind of family services duty that is | 41662 |
| the subject of the dispute and serves a different county than the | 41663 |
| county served by the responsible entity. No individual involved in | 41664 |
| the department's proposal to take action against the responsible | 41665 |
| entity may serve on the review panel. The review panel shall | 41666 |
| review the responsible entity's request. The review panel may | 41667 |
| require that the department or responsible entity submit | 41668 |
| additional information and schedule and conduct an informal | 41669 |
| hearing to obtain testimony or additional evidence. A review of a | 41670 |
| proposal to take action under division (C)(3) of this section | 41671 |
| shall be limited solely to the issue of the amount the responsible | 41672 |
| entity shall share with the department, reimburse the department, | 41673 |
| or pay to the federal government, department, or other entity | 41674 |
| under division (C)(3) of this section. The review panel is not | 41675 |
| required to make a stenographic record of its hearing or other | 41676 |
| proceedings. | 41677 |
| (9) After finishing an administrative review, an | 41678 |
| administrative review panel appointed under division (D)(8) of | 41679 |
| this section shall submit a written report to the director setting | 41680 |
| forth its findings of fact, conclusions of law, and | 41681 |
| recommendations for action. The director may approve, modify, or | 41682 |
| disapprove the recommendations. If the director modifies or | 41683 |
| disapproves the recommendations, the director shall state the | 41684 |
| reasons for the modification or disapproval and the actions to be | 41685 |
| taken against the responsible entity. | 41686 |
| (10) The director's approval, modification, or disapproval | 41687 |
| under division (D)(9) of this section shall be final and binding | 41688 |
| on the responsible entity and shall not be subject to further | 41689 |
| departmental review. | 41690 |
| (E) The responsible entity is not entitled to an | 41691 |
| administrative review under division (D) of this section for any | 41692 |
| of the following: | 41693 |
| (1) An action taken under division (C)(6) of this section; | 41694 |
| (2) An action taken under section 5101.242 of the Revised | 41695 |
| Code; | 41696 |
| (3) An action taken under division (C)(3) of this section if | 41697 |
| the federal government, auditor of state, or entity other than the | 41698 |
| department has identified the county family services agency as | 41699 |
| being solely or partially responsible for an adverse audit | 41700 |
| finding, adverse quality control finding, final disallowance of | 41701 |
| federal financial participation, or other sanction or penalty; | 41702 |
| (4) An adjustment to an allocation, cash draw, advance, or | 41703 |
| reimbursement to a county family services agency that the | 41704 |
| department determines necessary for budgetary reasons; | 41705 |
| (5) Withholding of a cash draw or reimbursement due to | 41706 |
| noncompliance with a reporting requirement established in rules | 41707 |
| adopted under section 5101.243 of the Revised Code. | 41708 |
| (F) This section does not apply to other actions the | 41709 |
| department takes against the responsible entity pursuant to | 41710 |
| authority granted by another state law unless the other state law | 41711 |
| requires the department to take the action in accordance with this | 41712 |
| section. | 41713 |
| (G) The director of job and family services may adopt rules | 41714 |
| in accordance with Chapter 119. of the Revised Code as necessary | 41715 |
| to implement this section. | 41716 |
| Sec. 5101.241. (A) As used in this section: | 41717 |
| (1) "Local area" and "chief elected official" have the same | 41718 |
| meaning as in section 5101.20 of the Revised Code. | 41719 |
| (2) "Responsible entity" means the chief elected officials of | 41720 |
| a local area. | 41721 |
| (B) The department of job and family services may take action | 41722 |
| under division (C) of this section against the responsible entity, | 41723 |
| regardless of who performs the workforce development activity, if | 41724 |
| the department determines any of the following are the case: | 41725 |
| (1) A requirement of a grant agreement entered into under | 41726 |
| section 5101.20 of the Revised Code that includes the workforce | 41727 |
| development activity, including a requirement for grant agreements | 41728 |
| established by rules adopted under that section, is not complied | 41729 |
| with; | 41730 |
| (2) A performance standard for the workforce development | 41731 |
| activity established by the federal government or the department | 41732 |
| is not met; | 41733 |
| (3) A requirement for the workforce development activity | 41734 |
| established by the department or any of the following is not | 41735 |
| complied with: a federal or state law, state plan for receipt of | 41736 |
| federal financial participation, grant agreement between the | 41737 |
| department and a federal agency, or executive order; | 41738 |
| (4) The responsible entity is solely or partially | 41739 |
| responsible, as determined by the director of job and family | 41740 |
| services, for an adverse audit finding, adverse quality control | 41741 |
| finding, final disallowance of federal financial participation, or | 41742 |
| other sanction or penalty regarding the workforce development | 41743 |
| activity. | 41744 |
| (C) The department may take one or more of the following | 41745 |
| actions against the responsible entity when authorized by division | 41746 |
| (B)(1), (2), (3), or (4) of this section: | 41747 |
| (1) Require the responsible entity to submit to and comply | 41748 |
| with a corrective action plan, established or approved by the | 41749 |
| department, pursuant to a time schedule specified by the | 41750 |
| department; | 41751 |
| (2) Require the responsible entity to do one of the | 41752 |
| following: | 41753 |
| (a) Share with the department a final disallowance of federal | 41754 |
| financial participation or other sanction or penalty; | 41755 |
| (b) Reimburse the department the amount the department pays | 41756 |
| to the federal government or another entity that represents the | 41757 |
| amount the responsible entity is responsible for of an adverse | 41758 |
| audit finding, adverse quality control finding, final disallowance | 41759 |
| of federal financial participation, or other sanction or penalty | 41760 |
| issued by the federal government, auditor of state, or other | 41761 |
| entity; | 41762 |
| (c) Pay the federal government or another entity the amount | 41763 |
| that represents the amount the responsible entity is responsible | 41764 |
| for of an adverse audit finding, adverse quality control finding, | 41765 |
| final disallowance of federal financial participation, or other | 41766 |
| sanction or penalty issued by the federal government, auditor of | 41767 |
| state, or other entity; | 41768 |
| (d) Pay the department the amount that represents the amount | 41769 |
| the responsible entity is responsible for of an adverse audit | 41770 |
| finding, adverse quality control finding, or other sanction or | 41771 |
| penalty issued by the department. | 41772 |
| (3) Impose a financial or administrative sanction or adverse | 41773 |
| audit finding issued by the department against the responsible | 41774 |
| entity, which may be increased with each subsequent action taken | 41775 |
| against the responsible entity | 41776 |
| (4) Perform or contract with a government or private entity | 41777 |
| for the entity to perform the workforce development activity until | 41778 |
| the department is satisfied that the responsible entity ensures | 41779 |
| that the activity will be performed to the department's | 41780 |
| satisfaction. If the department performs or contracts with an | 41781 |
| entity to perform the workforce development activity under | 41782 |
| division (C)(4) of this section, the department may withhold funds | 41783 |
| allocated to or reimbursements due to the responsible entity for | 41784 |
| the activity and use those funds to implement division (C)(4) of | 41785 |
| this section. | 41786 |
| (5) Request the attorney general to bring mandamus | 41787 |
| proceedings to compel the responsible entity to take or cease the | 41788 |
| actions listed in division (B) of this section. The attorney | 41789 |
| general shall bring any mandamus proceedings in the Franklin | 41790 |
| county court of appeals at the department's request. | 41791 |
| (6) If the department takes action under this division | 41792 |
| because of division (B)(3) of this section, withhold funds | 41793 |
| allocated or reimbursement due to the responsible entity until the | 41794 |
| department determines that the responsible entity is in compliance | 41795 |
| with the requirement. The department shall release the funds when | 41796 |
| the department determines that compliance has been achieved. | 41797 |
| (7) Issue a notice of intent to revoke approval of all or | 41798 |
| part of the local plan effected that conflicts with state or | 41799 |
| federal law and effectuate the revocation. | 41800 |
| (D) The department shall notify the responsible entity and | 41801 |
| the appropriate county auditor when the department proposes to | 41802 |
| take action under division (C) of this section. The notice shall | 41803 |
| be in writing and specify the action the department proposes to | 41804 |
| take. The department shall send the notice by regular United | 41805 |
| States mail. Except as provided in division (E) of this section, | 41806 |
| the responsible entity may request an administrative review of a | 41807 |
| proposed action in accordance with administrative review | 41808 |
| procedures the department shall establish. The administrative | 41809 |
| review procedures shall comply with all of the following: | 41810 |
| (1) A request for an administrative review shall state | 41811 |
| specifically all of the following: | 41812 |
| (a) The proposed action specified in the notice from the | 41813 |
| department for which the review is requested; | 41814 |
| (b) The reason why the responsible entity believes the | 41815 |
| proposed action is inappropriate; | 41816 |
| (c) All facts and legal arguments that the responsible entity | 41817 |
| wants the department to consider; | 41818 |
| (d) The name of the person who will serve as the responsible | 41819 |
| entity's representative in the review. | 41820 |
| (2) If the department's notice specifies more than one | 41821 |
| proposed action and the responsible entity does not specify all of | 41822 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 41823 |
| of this section, the proposed actions not specified in the request | 41824 |
| shall not be subject to administrative review and the parts of the | 41825 |
| notice regarding those proposed actions shall be final and binding | 41826 |
| on the responsible entity. | 41827 |
| (3) | 41828 |
| 41829 | |
| calendar days after the department mails the notice to the | 41830 |
| responsible entity to send a written request to the department for | 41831 |
| an administrative review. | 41832 |
| 41833 | |
| 41834 | |
| 41835 | |
| 41836 | |
| 41837 | |
| 41838 | |
| department shall attempt to resolve informally any dispute and may | 41839 |
| develop a written resolution to the dispute at any time prior to | 41840 |
| submitting the written report described in division (D)(7) of this | 41841 |
| section to the director. | 41842 |
| (4) | 41843 |
| 41844 | |
| 41845 | |
| 41846 | |
| 41847 | |
| 41848 | |
| 41849 | |
| 41850 | |
| 41851 | |
| 41852 | |
| 41853 |
| | 41854 |
| this section, the responsible entity may not include in its | 41855 |
| request disputes over a finding, final disallowance of federal | 41856 |
| financial participation, or other sanction or penalty issued by | 41857 |
| the federal government, auditor of state, or other entity other | 41858 |
| than the department. | 41859 |
| | 41860 |
| administrative review within the required time, the responsible | 41861 |
| entity loses the right to request an administrative review of the | 41862 |
| proposed actions specified in the notice and the notice becomes | 41863 |
| final and binding on the responsible entity. | 41864 |
| | 41865 |
| 41866 | |
| 41867 | |
| appoint an administrative review panel to conduct the | 41868 |
| administrative review. The review panel shall consist of | 41869 |
| department employees who are not involved in the department's | 41870 |
| proposal to take action against the responsible entity. The review | 41871 |
| panel shall review the responsible entity's request. The review | 41872 |
| panel may require that the department or responsible entity submit | 41873 |
| additional information and schedule and conduct an informal | 41874 |
| hearing to obtain testimony or additional evidence. A review of a | 41875 |
| proposal to take action under division (C)(2) of this section | 41876 |
| shall be limited solely to the issue of the amount the responsible | 41877 |
| entity shall share with the department, reimburse the department, | 41878 |
| or pay to the federal government, department, or other entity | 41879 |
| under division (C)(2) of this section. The review panel is not | 41880 |
| required to make a stenographic record of its hearing or other | 41881 |
| proceedings. | 41882 |
| | 41883 |
| administrative review panel appointed under division (D) | 41884 |
| this section shall submit a written report to the director setting | 41885 |
| forth its findings of fact, conclusions of law, and | 41886 |
| recommendations for action. The director may approve, modify, or | 41887 |
| disapprove the recommendations. | 41888 |
| 41889 | |
| 41890 | |
| 41891 |
| | 41892 |
| under division (D) | 41893 |
| binding on the responsible entity and shall not be subject to | 41894 |
| further | 41895 |
| (E) The responsible entity is not entitled to an | 41896 |
| administrative review under division (D) of this section for any | 41897 |
| of the following: | 41898 |
| (1) An action taken under division (C)(5) or (6) of this | 41899 |
| section; | 41900 |
| (2) An action taken under section 5101.242 of the Revised | 41901 |
| Code; | 41902 |
| (3) An action taken under division (C)(2) of this section if | 41903 |
| the federal government, auditor of state, or entity other than the | 41904 |
| department has identified the responsible entity as being solely | 41905 |
| or partially responsible for an adverse audit finding, adverse | 41906 |
| quality control finding, final disallowance of federal financial | 41907 |
| participation, or other sanction or penalty; | 41908 |
| (4) An adjustment to an allocation, cash draw, advance, or | 41909 |
| reimbursement to the responsible entity's local area that the | 41910 |
| department determines necessary for budgetary reasons; | 41911 |
| (5) Withholding of a cash draw or reimbursement due to | 41912 |
| noncompliance with a reporting requirement established in rules | 41913 |
| adopted under section 5101.243 of the Revised Code. | 41914 |
| (F) This section does not apply to other actions the | 41915 |
| department takes against the responsible entity pursuant to | 41916 |
| authority granted by another state law unless the other state law | 41917 |
| requires the department to take the action in accordance with this | 41918 |
| section. | 41919 |
| (G) The director of job and family services may adopt rules | 41920 |
| in accordance with Chapter 119. of the Revised Code as necessary | 41921 |
| to implement this section. | 41922 |
| (H) The governor may decertify a local workforce development | 41923 |
| board for any of the following reasons in accordance with | 41924 |
| subsection (e) of section 117 of the "Workforce Investment Act of | 41925 |
| 1998" 112 Stat. 936, 29 U.S.C. 2801, as amended: | 41926 |
| (1) Fraud or abuse; | 41927 |
| (2) Failure to carry out the requirements of the federal | 41928 |
| "Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as | 41929 |
| amended, including failure to meet performance standards | 41930 |
| established by the federal government for two consecutive years. | 41931 |
| If the governor finds that access to basic "Workforce | 41932 |
| Investment Act" services is not being provided in a local area, | 41933 |
| the governor may declare an emergency and, in consultation with | 41934 |
| the chief elected officials of the local area affected, arrange | 41935 |
| for provision of these services through an alternative entity | 41936 |
| during the time period in which resolution of the problem | 41937 |
| preventing service delivery in the local area is pending. An | 41938 |
| action taken by the governor pursuant to this section is not | 41939 |
| subject to appeal under this section. | 41940 |
| Sec. 5101.26. As used in this section and in sections | 41941 |
| 5101.27 to 5101.30 of the Revised Code: | 41942 |
| (A) "County agency" means a county department of job and | 41943 |
| family services or a public children services agency. | 41944 |
| (B) "Fugitive felon" means an individual who is fleeing to | 41945 |
| avoid prosecution, or custody or confinement after conviction, | 41946 |
| under the laws of the place from which the individual is fleeing, | 41947 |
| for a crime or an attempt to commit a crime that is a felony under | 41948 |
| the laws of the place from which the individual is fleeing or, in | 41949 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 41950 |
| the individual has departed from the individual's usual place of | 41951 |
| residence. | 41952 |
| (C) "Information" means records as defined in section 149.011 | 41953 |
| of the Revised Code, any other documents in any format, and data | 41954 |
| derived from records and documents that are generated, acquired, | 41955 |
| or maintained by the department of job and family services, a | 41956 |
| county agency, or an entity performing duties on behalf of the | 41957 |
| department or a county agency. | 41958 |
| (D) "Law enforcement agency" means the state highway patrol, | 41959 |
| an agency that employs peace officers as defined in section 109.71 | 41960 |
| of the Revised Code, the adult parole authority, a county | 41961 |
| department of probation, a prosecuting attorney, the attorney | 41962 |
| general, similar agencies of other states, federal law enforcement | 41963 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 41964 |
| the peace officers and other law enforcement officers employed by | 41965 |
| the agency. | 41966 |
| (E) "Medical assistance provided under a public assistance | 41967 |
| program" means medical assistance provided under the programs | 41968 |
| established under sections 5101.49, 5101.50 to 5101.503, and | 41969 |
| 5101.51 to 5101.5110, | 41970 |
| other provision of the Revised Code. | 41971 |
| (F) "Public assistance" means financial assistance, medical | 41972 |
| assistance, or social services provided under a program | 41973 |
| administered by the department of job and family services or a | 41974 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 41975 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 41976 |
| issued under section 107.17 of the Revised Code. | 41977 |
| (G) "Public assistance recipient" means an applicant for or | 41978 |
| recipient or former recipient of public assistance. | 41979 |
| Sec. 5101.31. Any record, data, pricing information, or other | 41980 |
| information regarding a drug rebate agreement or a supplemental | 41981 |
| drug rebate agreement for the medicaid program established under | 41982 |
| Chapter 5111. of the Revised Code | 41983 |
| 41984 | |
| 41985 | |
| receives from a pharmaceutical manufacturer or creates pursuant to | 41986 |
| negotiation of the agreement is not a public record under section | 41987 |
| 149.43 of the Revised Code and shall be treated by the department | 41988 |
| as confidential information. | 41989 |
| Sec. 5101.35. (A) As used in this section: | 41990 |
| (1) "Agency" means the following entities that administer a | 41991 |
| family services program: | 41992 |
| (a) The department of job and family services; | 41993 |
| (b) A county department of job and family services; | 41994 |
| (c) A public children services agency; | 41995 |
| (d) A private or government entity administering, in whole or | 41996 |
| in part, a family services program for or on behalf of the | 41997 |
| department of job and family services or a county department of | 41998 |
| job and family services or public children services agency. | 41999 |
| (2) "Appellant" means an applicant, participant, former | 42000 |
| participant, recipient, or former recipient of a family services | 42001 |
| program who is entitled by federal or state law to a hearing | 42002 |
| regarding a decision or order of the agency that administers the | 42003 |
| program. | 42004 |
| (3) "Family services program" means assistance provided under | 42005 |
| a Title IV-A program as defined in section 5101.80 of the Revised | 42006 |
| Code or under Chapter 5104., 5111., or 5115. or section 173.35, | 42007 |
| 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the | 42008 |
| Revised Code, other than assistance provided under section 5101.46 | 42009 |
| of the Revised Code by the department of mental health, the | 42010 |
| department of mental retardation and developmental disabilities, a | 42011 |
| board of alcohol, drug addiction, and mental health services, or a | 42012 |
| county board of mental retardation and developmental disabilities. | 42013 |
| (B) Except as provided by division (G) of this section, an | 42014 |
| appellant who appeals under federal or state law a decision or | 42015 |
| order of an agency administering a family services program shall, | 42016 |
| at the appellant's request, be granted a state hearing by the | 42017 |
| department of job and family services. This state hearing shall be | 42018 |
| conducted in accordance with rules adopted under this section. The | 42019 |
| state hearing shall be tape-recorded, but neither the recording | 42020 |
| nor a transcript of the recording shall be part of the official | 42021 |
| record of the proceeding. A state hearing decision is binding upon | 42022 |
| the agency and department, unless it is reversed or modified on | 42023 |
| appeal to the director of job and family services or a court of | 42024 |
| common pleas. | 42025 |
| (C) Except as provided by division (G) of this section, an | 42026 |
| appellant who disagrees with a state hearing decision may make an | 42027 |
| administrative appeal to the director of job and family services | 42028 |
| in accordance with rules adopted under this section. This | 42029 |
| administrative appeal does not require a hearing, but the director | 42030 |
| or the director's designee shall review the state hearing decision | 42031 |
| and previous administrative action and may affirm, modify, remand, | 42032 |
| or reverse the state hearing decision. Any person designated to | 42033 |
| make an administrative appeal decision on behalf of the director | 42034 |
| shall have been admitted to the practice of law in this state. An | 42035 |
| administrative appeal decision is the final decision of the | 42036 |
| department and is binding upon the department and agency, unless | 42037 |
| it is reversed or modified on appeal to the court of common pleas. | 42038 |
| (D) An agency shall comply with a decision issued pursuant to | 42039 |
| division (B) or (C) of this section within the time limits | 42040 |
| established by rules adopted under this section. If a county | 42041 |
| department of job and family services or a public children | 42042 |
| services agency fails to comply within these time limits, the | 42043 |
| department may take action pursuant to section 5101.24 of the | 42044 |
| Revised Code. If another agency fails to comply within the time | 42045 |
| limits, the department may force compliance by withholding funds | 42046 |
| due the agency or imposing another sanction established by rules | 42047 |
| adopted under this section. | 42048 |
| (E) An appellant who disagrees with an administrative appeal | 42049 |
| decision of the director of job and family services or the | 42050 |
| director's designee issued under division (C) of this section may | 42051 |
| appeal from the decision to the court of common pleas pursuant to | 42052 |
| section 119.12 of the Revised Code. The appeal shall be governed | 42053 |
| by section 119.12 of the Revised Code except that: | 42054 |
| (1) The person may appeal to the court of common pleas of the | 42055 |
| county in which the person resides, or to the court of common | 42056 |
| pleas of Franklin county if the person does not reside in this | 42057 |
| state. | 42058 |
| (2) The person may apply to the court for designation as an | 42059 |
| indigent and, if the court grants this application, the appellant | 42060 |
| shall not be required to furnish the costs of the appeal. | 42061 |
| (3) The appellant shall mail the notice of appeal to the | 42062 |
| department of job and family services and file notice of appeal | 42063 |
| with the court within thirty days after the department mails the | 42064 |
| administrative appeal decision to the appellant. For good cause | 42065 |
| shown, the court may extend the time for mailing and filing notice | 42066 |
| of appeal, but such time shall not exceed six months from the date | 42067 |
| the department mails the administrative appeal decision. Filing | 42068 |
| notice of appeal with the court shall be the only act necessary to | 42069 |
| vest jurisdiction in the court. | 42070 |
| (4) The department shall be required to file a transcript of | 42071 |
| the testimony of the state hearing with the court only if the | 42072 |
| court orders the department to file the transcript. The court | 42073 |
| shall make such an order only if it finds that the department and | 42074 |
| the appellant are unable to stipulate to the facts of the case and | 42075 |
| that the transcript is essential to a determination of the appeal. | 42076 |
| The department shall file the transcript not later than thirty | 42077 |
| days after the day such an order is issued. | 42078 |
| (F) The department of job and family services shall adopt | 42079 |
| rules in accordance with Chapter 119. of the Revised Code to | 42080 |
| implement this section, including rules governing the following: | 42081 |
| (1) State hearings under division (B) of this section. The | 42082 |
| rules shall include provisions regarding notice of eligibility | 42083 |
| termination and the opportunity of an appellant appealing a | 42084 |
| decision or order of a county department of job and family | 42085 |
| services to request a county conference with the county department | 42086 |
| before the state hearing is held. | 42087 |
| (2) Administrative appeals under division (C) of this | 42088 |
| section; | 42089 |
| (3) Time limits for complying with a decision issued under | 42090 |
| division (B) or (C) of this section; | 42091 |
| (4) Sanctions that may be applied against an agency under | 42092 |
| division (D) of this section. | 42093 |
| (G) The department of job and family services may adopt rules | 42094 |
| in accordance with Chapter 119. of the Revised Code establishing | 42095 |
| an appeals process for an appellant who appeals a decision or | 42096 |
| order regarding a Title IV-A program identified under division | 42097 |
|
(A)(3)(c) | 42098 |
| that is different from the appeals process established by this | 42099 |
| section. The different appeals process may include having a state | 42100 |
| agency that administers the Title IV-A program pursuant to an | 42101 |
| interagency agreement entered into under section 5101.801 of the | 42102 |
| Revised Code administer the appeals process. | 42103 |
| (H) The requirements of Chapter 119. of the Revised Code | 42104 |
| apply to a state hearing or administrative appeal under this | 42105 |
| section only to the extent, if any, specifically provided by rules | 42106 |
| adopted under this section. | 42107 |
| Sec. 5101.36. Any application for public assistance gives a | 42108 |
| right of subrogation to the department of job and family services | 42109 |
| for any workers' compensation benefits payable to a person who is | 42110 |
| subject to a support order, as defined in section 3119.01 of the | 42111 |
| Revised Code, on behalf of the applicant, to the extent of any | 42112 |
| public assistance payments made on the applicant's behalf. If the | 42113 |
| director of job and family services, in consultation with a child | 42114 |
| support enforcement agency and the administrator of the bureau of | 42115 |
| workers' compensation, determines that a person responsible for | 42116 |
| support payments to a recipient of public assistance is receiving | 42117 |
| workers' compensation, the director shall notify the administrator | 42118 |
| of the amount of the benefit to be paid to the department of job | 42119 |
| and family services. | 42120 |
| For purposes of this section, "public assistance" means | 42121 |
| medical assistance provided through the medical assistance program | 42122 |
| established under section 5111.01 of the Revised Code; Ohio works | 42123 |
| first provided under Chapter 5107. of the Revised Code; | 42124 |
| prevention, retention, and contingency benefits and services | 42125 |
| provided under Chapter 5108. of the Revised Code; disability | 42126 |
| financial assistance provided under Chapter 5115. of the Revised | 42127 |
| Code; or disability medical assistance provided under former | 42128 |
| Chapter 5115. of the Revised Code. | 42129 |
| Sec. 5101.46. (A) As used in this section: | 42130 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 42131 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 42132 |
| (2) "Respective local agency" means, with respect to the | 42133 |
| department of job and family services, a county department of job | 42134 |
| and family services; with respect to the department of mental | 42135 |
| health, a board of alcohol, drug addiction, and mental health | 42136 |
| services; and with respect to the department of mental retardation | 42137 |
| and developmental disabilities, a county board of mental | 42138 |
| retardation and developmental disabilities. | 42139 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 42140 |
| as revised annually by the United States department of health and | 42141 |
| human services in accordance with section 673(2) of the "Omnibus | 42142 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 42143 |
| 9902, as amended, for a family size equal to the size of the | 42144 |
| family of the person whose income is being determined. | 42145 |
| (B) The departments of job and family services, mental | 42146 |
| health, and mental retardation and developmental disabilities, | 42147 |
| with their respective local agencies, shall administer the | 42148 |
| provision of social services funded through grants made under | 42149 |
| Title XX. The social services furnished with Title XX funds shall | 42150 |
| be directed at the following goals: | 42151 |
| (1) Achieving or maintaining economic self-support to | 42152 |
| prevent, reduce, or eliminate dependency; | 42153 |
| (2) Achieving or maintaining self-sufficiency, including | 42154 |
| reduction or prevention of dependency; | 42155 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 42156 |
| of children and adults unable to protect their own interests, or | 42157 |
| preserving, rehabilitating, or reuniting families; | 42158 |
| (4) Preventing or reducing inappropriate institutional care | 42159 |
| by providing for community-based care, home-based care, or other | 42160 |
| forms of less intensive care; | 42161 |
| (5) Securing referral or admission for institutional care | 42162 |
| when other forms of care are not appropriate, or providing | 42163 |
| services to individuals in institutions. | 42164 |
| (C)(1) All federal funds received under Title XX shall be | 42165 |
| appropriated as follows: | 42166 |
| (a) Seventy-two and one-half per cent to the department of | 42167 |
| job and family services; | 42168 |
| (b) Twelve and ninety-three one-hundreths per cent to the | 42169 |
| department of mental health; | 42170 |
| (c) Fourteen and fifty-seven one-hundreths per cent to the | 42171 |
| department of mental retardation and developmental disabilities. | 42172 |
| (2) Each state department shall, subject to the approval of | 42173 |
| the controlling board, develop formulas for the distribution of | 42174 |
| their Title XX appropriations to their respective local agencies. | 42175 |
| The formulas shall take into account the total population of the | 42176 |
| area that is served by the agency, the percentage of the | 42177 |
| population in the area that falls below the federal poverty | 42178 |
| guidelines, and the agency's history of and ability to utilize | 42179 |
| Title XX funds. | 42180 |
| (3) Each of the state departments shall expend no more than | 42181 |
| three per cent of its Title XX appropriation for state | 42182 |
| administrative costs. Each of the department's respective local | 42183 |
| agencies shall expend no more than fourteen per cent of its Title | 42184 |
| XX appropriation for local administrative costs. | 42185 |
| (4) The department of job and family services shall expend no | 42186 |
| more than two per cent of its Title XX appropriation for the | 42187 |
| training of the following: | 42188 |
| (a) Employees of county departments of job and family | 42189 |
| services; | 42190 |
| (b) Providers of services under contract with the state | 42191 |
| departments' respective local agencies; | 42192 |
| (c) Employees of a public children services agency directly | 42193 |
| engaged in providing Title XX services. | 42194 |
| (D) The department of job and family services shall prepare a | 42195 |
| biennial comprehensive Title XX social services plan on the | 42196 |
| intended use of Title XX funds. The department shall develop a | 42197 |
| method for obtaining public comment during the development of the | 42198 |
| plan and following its completion. | 42199 |
| For each state fiscal year, the department of job and family | 42200 |
| services shall prepare a report on the actual use of Title XX | 42201 |
| funds. The department shall make the annual report available for | 42202 |
| public inspection. | 42203 |
| The departments of mental health and mental retardation and | 42204 |
| developmental disabilities shall prepare and submit to the | 42205 |
| department of job and family services the portions of each | 42206 |
| biennial plan and annual report that apply to services for mental | 42207 |
| health and mental retardation and developmental disabilities. Each | 42208 |
| respective local agency of the three state departments shall | 42209 |
| submit information as necessary for the preparation of biennial | 42210 |
| plans and annual reports. | 42211 |
| (E) Each county department shall adopt a county profile for | 42212 |
| the administration and provision of Title XX social services in | 42213 |
| the county. In developing its county profile, the county | 42214 |
| department shall take into consideration the comments and | 42215 |
| recommendations received from the public by the county family | 42216 |
| services planning committee pursuant to section 329.06 of the | 42217 |
| Revised Code. As part of its preparation of the county profile, | 42218 |
| the county department may prepare a local needs report analyzing | 42219 |
| the need for Title XX social services. | 42220 |
| The county department shall submit the county profile to the | 42221 |
| board of county commissioners for its review. Once the county | 42222 |
| profile has been approved by the board, the county department | 42223 |
| shall file a copy of the county profile with the department of job | 42224 |
| and family services. The department shall approve the county | 42225 |
| profile if the department determines the profile provides for the | 42226 |
| Title XX social services to meet the goals specified in division | 42227 |
| (B) of this section. | 42228 |
| (F) | 42229 |
| 42230 | |
| 42231 | |
| 42232 | |
| 42233 | |
| 42234 | |
| 42235 | |
| 42236 | |
| 42237 |
| | 42238 |
| local agencies may require that an entity under contract to | 42239 |
| provide social services with Title XX funds submit to an audit on | 42240 |
| the basis of
alleged misuse or improper accounting of funds. | 42241 |
| If an audit is required, the social services provider shall | 42242 |
| reimburse the state department or local agency for the cost it | 42243 |
| incurred in conducting the audit or having the audit conducted. | 42244 |
| If an audit demonstrates that a social services provider is | 42245 |
| responsible for one or more adverse findings, the provider shall | 42246 |
| reimburse the appropriate state department or its respective local | 42247 |
| agency the amount of the adverse findings. The amount shall not be | 42248 |
| reimbursed with Title XX funds received under this section. The | 42249 |
| three state departments and their respective local agencies may | 42250 |
| terminate or refuse to enter into a Title XX contract with a | 42251 |
| 42252 | |
| in an audit that
are the responsibility of the provider. | 42253 |
| 42254 | |
| 42255 | |
| 42256 |
| | 42257 |
| 42258 | |
| 42259 | |
| 42260 | |
| 42261 | |
| 42262 | |
| 42263 |
| | 42264 |
| 42265 |
| | 42266 |
| 42267 | |
| 42268 | |
| 42269 |
| | 42270 |
| 42271 | |
| 42272 | |
| 42273 | |
| 42274 | |
| 42275 |
| | 42276 |
|
rules
| 42277 |
| section. Rules | 42278 |
| 42279 | |
| 42280 | |
| 42281 | |
| the department or matters between the department and county | 42282 |
| departments of job and family services shall be adopted as | 42283 |
| internal management rules | 42284 |
| section 111.15 of the Revised Code. Rules governing eligibility | 42285 |
| for services, program participation, and other matters pertaining | 42286 |
| to applicants and participants shall be adopted in accordance with | 42287 |
| Chapter 119. of the Revised Code. | 42288 |
| Sec. 5101.461. (A) As used in this section: | 42289 |
| (1) "Title IV-A" means Title IV-A of the "Social Security | 42290 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 42291 |
| (2) "Title XX" has the same meaning as in section 5101.46 of | 42292 |
| the Revised Code. | 42293 |
| (B) To the extent authorized by federal law, the department | 42294 |
| of job and family services may use funds received through the | 42295 |
| Title IV-A temporary assistance for needy families block grant for | 42296 |
| purposes of providing Title XX social services. The amount used | 42297 |
| under this section shall not exceed the maximum amount permitted | 42298 |
| by federal law. The funds and provision of Title XX social | 42299 |
| services with the funds are not subject to section 5101.46 of the | 42300 |
| Revised Code. | 42301 |
| (C) The department and any county department of job and | 42302 |
| family services may require an entity under contract to provide | 42303 |
| Title XX social services with funds used under this section to | 42304 |
| submit to an audit on the basis of alleged misuse or improper | 42305 |
| accounting of funds. If an audit is required, the social services | 42306 |
| provider shall reimburse the state department or county department | 42307 |
| for the cost it incurred in conducting the audit or having the | 42308 |
| audit conducted. | 42309 |
| If an audit demonstrates that a social services provider is | 42310 |
| responsible for one or more adverse findings, the provider shall | 42311 |
| reimburse the state department or county department the amount of | 42312 |
| the adverse findings. The amount shall not be reimbursed with | 42313 |
| funds received under this section. The state department and county | 42314 |
| departments may terminate or refuse to enter into a contract with | 42315 |
| a social services provider to provide services with funds | 42316 |
| available pursuant to this section if there are adverse findings | 42317 |
| in an audit that are the responsibility of the provider. | 42318 |
| (D) The state department of job and family services may adopt | 42319 |
| rules to implement and carry out the purposes of this section. | 42320 |
| Rules governing financial and operational matters of the | 42321 |
| department or matters between the department and county | 42322 |
| departments of job and family services shall be adopted as | 42323 |
| internal management rules in accordance with section 111.15 of the | 42324 |
| Revised Code. Rules governing eligibility for services, program | 42325 |
| participation, and other matters pertaining to applicants and | 42326 |
| participants shall be adopted in accordance with Chapter 119. of | 42327 |
| the Revised Code. | 42328 |
| Sec. 5101.47. (A) | 42329 |
| this section, the director of job and family services may accept | 42330 |
| applications, determine eligibility, redetermine eligibility, and | 42331 |
| perform related administrative activities for one or more of the | 42332 |
| following: | 42333 |
| (1) The medicaid program established by Chapter 5111. of the | 42334 |
| Revised Code; | 42335 |
| (2) The children's health insurance program parts I and II | 42336 |
| provided for under sections 5101.50 and 5101.51 of the Revised | 42337 |
| Code; | 42338 |
| (3) Publicly funded child care provided under Chapter 5104. | 42339 |
| of the Revised Code; | 42340 |
| (4) The food stamp program administered by the department of | 42341 |
| job and family services pursuant to section 5104.54 of the Revised | 42342 |
| Code; | 42343 |
| (5) Other programs the director determines are supportive of | 42344 |
|
children, adults, or families | 42345 |
| (6) Other programs regarding which the director determines | 42346 |
| administrative cost savings and efficiency may be achieved through | 42347 |
| the department accepting applications, determining eligibility, | 42348 |
| redetermining eligibility, or performing related administrative | 42349 |
| activities. | 42350 |
| (B) | 42351 |
| eligibility, redetermine eligibility, and perform related | 42352 |
| administrative activities for a program specified in or pursuant | 42353 |
| to division (A) of this section if federal law requires that | 42354 |
| individuals apply in person. | 42355 |
| (C) Subject to division (B) of this section, if the director | 42356 |
| elects to accept applications, determine eligibility, redetermine | 42357 |
| eligibility, and perform related administrative activities for a | 42358 |
| program specified in or pursuant to division (A) of this section, | 42359 |
| both of the following apply: | 42360 |
| (1) An individual seeking services under the program may | 42361 |
| apply for the program to the director or to the entity that state | 42362 |
| law governing the program authorizes to accept applications for | 42363 |
| the program. | 42364 |
| (2) The director is subject to federal statutes and | 42365 |
| regulations and state | 42366 |
| or prohibit an action regarding accepting applications, | 42367 |
| determining or redetermining eligibility, and performing related | 42368 |
| administrative activities for the program. | 42369 |
| | 42370 |
| this section. | 42371 |
| Sec. 5101.80. (A) As used in this section and in section | 42372 |
| 5101.801 of the Revised Code: | 42373 |
| (1) "County family services agency" has the same meaning as | 42374 |
| in section 307.981 of the Revised Code. | 42375 |
| (2) "State agency" has the same meaning as in section 9.82 of | 42376 |
| the Revised Code. | 42377 |
| (3) "Title IV-A program" means all of the following that are | 42378 |
| funded in part with funds provided under the temporary assistance | 42379 |
| for needy families block grant established by Title IV-A of the | 42380 |
| "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as | 42381 |
| amended: | 42382 |
| (a) The Ohio works first program established under Chapter | 42383 |
| 5107. of the Revised Code; | 42384 |
| (b) The prevention, retention, and contingency program | 42385 |
| established under Chapter 5108. of the Revised Code; | 42386 |
| (c) A program established by the general assembly or an | 42387 |
| executive order issued by the governor that is administered or | 42388 |
| supervised by the department of job and family services pursuant | 42389 |
| to section 5101.801 of the Revised Code; | 42390 |
| (d) The kinship caregiver subsidy program created under | 42391 |
| section 5101.802 of the Revised Code; | 42392 |
| (e) A component of a Title IV-A program identified under | 42393 |
|
divisions (A)(3)(a) to | 42394 |
| state plan prepared under division (C)(1) of this section | 42395 |
| identifies as a component. | 42396 |
| (B) The department of job and family services shall act as | 42397 |
| the single state agency to administer and supervise the | 42398 |
| administration of Title IV-A programs. The Title IV-A state plan | 42399 |
| and amendments to the plan prepared under division (C) of this | 42400 |
| section are binding on county family services agencies and state | 42401 |
| agencies that administer a Title IV-A program. No county family | 42402 |
| services agency or state agency administering a Title IV-A program | 42403 |
| may establish, by rule or otherwise, a policy governing the Title | 42404 |
| IV-A program that is inconsistent with a Title IV-A program policy | 42405 |
| established, in rule or otherwise, by the director of job and | 42406 |
| family services. | 42407 |
| (C) The department of job and family services shall do all of | 42408 |
| the following: | 42409 |
| (1) Prepare and submit to the United States secretary of | 42410 |
| health and human services a Title IV-A state plan for Title IV-A | 42411 |
| programs; | 42412 |
| (2) Prepare and submit to the United States secretary of | 42413 |
| health and human services amendments to the Title IV-A state plan | 42414 |
| that the department determines necessary, including amendments | 42415 |
| necessary to implement Title IV-A programs identified in division | 42416 |
|
(A)(3)(c) | 42417 |
| (3) Prescribe forms for applications, certificates, reports, | 42418 |
| records, and accounts of county family services agencies and state | 42419 |
| agencies administering a Title IV-A program, and other matters | 42420 |
| related to Title IV-A programs; | 42421 |
| (4) Make such reports, in such form and containing such | 42422 |
| information as the department may find necessary to assure the | 42423 |
| correctness and verification of such reports, regarding Title IV-A | 42424 |
| programs; | 42425 |
| (5) Require reports and information from each county family | 42426 |
| services agency and state agency administering a Title IV-A | 42427 |
| program as may be necessary or advisable regarding the Title IV-A | 42428 |
| program; | 42429 |
| (6) Afford a fair hearing in accordance with section 5101.35 | 42430 |
| of the Revised Code to any applicant for, or participant or former | 42431 |
| participant of, a Title IV-A program aggrieved by a decision | 42432 |
| regarding the program; | 42433 |
| (7) Administer and expend, pursuant to Chapters 5104., 5107., | 42434 |
| and
5108. of the Revised Code
and | 42435 |
| 5101.802 of the Revised Code, any sums appropriated by the general | 42436 |
| assembly for the
purpose of those
chapters
and | 42437 |
| and all sums paid to the state by the secretary of the treasury of | 42438 |
| the United States as authorized by Title IV-A of the "Social | 42439 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended; | 42440 |
| (8) Conduct investigations and audits as are necessary | 42441 |
| regarding Title IV-A programs; | 42442 |
| (9) Enter into reciprocal agreements with other states | 42443 |
| relative to the provision of Ohio works first and prevention, | 42444 |
| retention, and contingency to residents and nonresidents; | 42445 |
| (10) Contract with a private entity to conduct an independent | 42446 |
| on-going evaluation of the Ohio works first program and the | 42447 |
| prevention, retention, and contingency program. The contract must | 42448 |
| require the private entity to do all of the following: | 42449 |
| (a) Examine issues of process, practice, impact, and | 42450 |
| outcomes; | 42451 |
| (b) Study former participants of Ohio works first who have | 42452 |
| not participated in Ohio works first for at least one year to | 42453 |
| determine whether they are employed, the type of employment in | 42454 |
| which they are engaged, the amount of compensation they are | 42455 |
| receiving, whether their employer provides health insurance, | 42456 |
| whether and how often they have received benefits or services | 42457 |
| under the prevention, retention, and contingency program, and | 42458 |
| whether they are successfully self sufficient; | 42459 |
| (c) Provide the department with reports at times the | 42460 |
| department specifies. | 42461 |
| (11) Not later than January 1, 2001, and the first day of | 42462 |
| each January and July thereafter, prepare a report containing | 42463 |
| information on the following: | 42464 |
| (a) Individuals exhausting the time limits for participation | 42465 |
| in Ohio works first set forth in section 5107.18 of the Revised | 42466 |
| Code. | 42467 |
| (b) Individuals who have been exempted from the time limits | 42468 |
| set forth in section 5107.18 of the Revised Code and the reasons | 42469 |
| for the exemption. | 42470 |
| (12) Not later than January 1, 2001, and on a quarterly basis | 42471 |
| thereafter until December 1, 2003, prepare, to the extent the | 42472 |
| necessary data is available to the department, a report based on | 42473 |
| information determined under section 5107.80 of the Revised Code | 42474 |
| that states how many former Ohio works first participants entered | 42475 |
| the workforce during the most recent previous quarter for which | 42476 |
| the information is known and includes information regarding the | 42477 |
| earnings of those former participants. The report shall include a | 42478 |
| county-by-county breakdown and shall not contain the names or | 42479 |
| social security numbers of former participants. | 42480 |
| (13) To the extent authorized by section 5101.801 of the | 42481 |
| Revised Code, enter into interagency agreements with state | 42482 |
| agencies for the administration of Title IV-A programs identified | 42483 |
|
under division (A)(3)(c) and | 42484 |
| (D) The department shall provide copies of the reports it | 42485 |
| receives under division (C)(10) of this section and prepares under | 42486 |
| divisions (C)(11) and (12) of this section to the governor, the | 42487 |
| president and minority leader of the senate, and the speaker and | 42488 |
| minority leader of the house of representatives. The department | 42489 |
| shall provide copies of the reports to any private or government | 42490 |
| entity on request. | 42491 |
| (E) An authorized representative of the department or a | 42492 |
| county family services agency or state agency administering a | 42493 |
| Title IV-A program shall have access to all records and | 42494 |
| information bearing thereon for the purposes of investigations | 42495 |
| conducted pursuant to this section. | 42496 |
| Sec. 5101.801. (A) Except as otherwise provided by the law | 42497 |
| enacted by the general assembly or executive order issued by the | 42498 |
| governor establishing the Title IV-A program, a Title IV-A program | 42499 |
|
identified under division (A)(3)(c) or | 42500 |
| of the Revised Code shall provide benefits and services that are | 42501 |
| not "assistance" as defined in 45 C.F.R. 260.31(a) and are | 42502 |
| benefits and services that 45 C.F.R. 260.31(b) excludes from the | 42503 |
| definition of assistance. | 42504 |
| (B) Except as otherwise provided by the law enacted by the | 42505 |
| general assembly or executive order issued by the governor | 42506 |
| establishing the Title IV-A program, the department of job and | 42507 |
| family services shall do either of the following regarding a Title | 42508 |
|
IV-A program identified under division (A)(3)(c) or | 42509 |
| section 5101.80 of the Revised Code: | 42510 |
| (1) Administer the program or supervise a county family | 42511 |
| services agency's administration of the program; | 42512 |
| (2) Enter into an interagency agreement with a state agency | 42513 |
| for the state agency to administer the program under the | 42514 |
| department's supervision. | 42515 |
| (C) If the department administers or supervises the | 42516 |
| administration of a Title IV-A program identified under division | 42517 |
|
(A)(3)(c) or | 42518 |
| pursuant to division (B)(1) of this section, the department may | 42519 |
| adopt rules governing the program. Rules governing financial and | 42520 |
| operational matters of the department or between the department | 42521 |
| and the county family services agency shall be adopted as internal | 42522 |
| management rules adopted in accordance with section 111.15 of the | 42523 |
| Revised Code. All other rules shall be adopted in accordance with | 42524 |
| Chapter 119. of the Revised Code. | 42525 |
| (D) If the department enters into an interagency agreement | 42526 |
| regarding a Title IV-A program identified under division (A)(3)(c) | 42527 |
|
or | 42528 |
| division (B)(2) of this section, the agreement shall include at | 42529 |
| least all of the following: | 42530 |
| (1) A requirement that the state agency comply with the | 42531 |
| requirements for the program, including all of the following | 42532 |
| requirements established by federal statutes and regulations, | 42533 |
| state statutes and rules, the United States office of management | 42534 |
| and budget, and the Title IV-A state plan prepared under section | 42535 |
| 5101.80 of the Revised Code: | 42536 |
| (a) Eligibility; | 42537 |
| (b) Reports; | 42538 |
| (c) Benefits and services; | 42539 |
| (d) Use of funds; | 42540 |
| (e) Appeals for applicants for, and recipients and former | 42541 |
| recipients of, the benefits and services; | 42542 |
| (f) Audits. | 42543 |
| (2) A complete description of all of the following: | 42544 |
| (a) The benefits and services that the program is to provide; | 42545 |
| (b) The methods of program administration; | 42546 |
| (c) The appeals process under section 5101.35 of the Revised | 42547 |
| Code for applicants for, and recipients and former recipients of, | 42548 |
| the program's benefits and services; | 42549 |
| (d) Other program and administrative requirements that the | 42550 |
| department requires be included. | 42551 |
| (3) Procedures for the department to approve a policy, | 42552 |
| established by rule or otherwise, that the state agency | 42553 |
| establishes for the program before the policy is established; | 42554 |
| (4) Provisions regarding how the department is to reimburse | 42555 |
| the state agency for allowable expenditures under the program that | 42556 |
| the department approves, including all of the following: | 42557 |
| (a) Limitations on administrative costs; | 42558 |
| (b) The department, at its discretion, withholding no more | 42559 |
| than five per cent of the funds that the department would | 42560 |
| otherwise provide to the state agency for the program or charging | 42561 |
| the state agency for the costs to the department of performing, or | 42562 |
| contracting for the performance of, audits and other | 42563 |
| administrative functions associated with the program. | 42564 |
| (5) If the state agency arranges by contract, grant, or other | 42565 |
| agreement for another entity to perform a function the state | 42566 |
| agency would otherwise perform regarding the program, the state | 42567 |
| agency's responsibilities for both of the following: | 42568 |
| (a) Ensuring that the entity complies with the interagency | 42569 |
| agreement between the state agency and department and federal | 42570 |
| statutes and regulations and state statutes and rules governing | 42571 |
| the use of funds for the program; | 42572 |
| (b) Auditing the entity in accordance with requirements | 42573 |
| established by the United States office of management and budget. | 42574 |
| (6) The state agency's responsibilities regarding the prompt | 42575 |
| payment, including any interest assessed, of any adverse audit | 42576 |
| finding, final disallowance of federal funds, or other sanction or | 42577 |
| penalty imposed by the federal government, auditor of state, | 42578 |
| department, a court, or other entity regarding funds for the | 42579 |
| program; | 42580 |
| (7) Provisions for the department to terminate the | 42581 |
| interagency agreement or withhold reimbursement from the state | 42582 |
| agency if either of the following occur: | 42583 |
| (a) The federal government disapproves the program or reduces | 42584 |
| federal funds for the program; | 42585 |
| (b) The state agency fails to comply with the terms of the | 42586 |
| interagency agreement. | 42587 |
| (E) To the extent consistent with the law enacted by the | 42588 |
| general assembly or executive order issued by the governor | 42589 |
| establishing the Title IV-A program and subject to the approval of | 42590 |
| the director of budget and management, the director of job and | 42591 |
| family services may terminate a Title IV-A program identified | 42592 |
|
under division (A)(3)(c) or | 42593 |
| Revised Code or reduce funding for the program if the director of | 42594 |
| job and family services determines that federal or state funds are | 42595 |
| insufficient to fund the program. If the director of budget and | 42596 |
| management approves the termination or reduction in funding for | 42597 |
| such a program, the director of job and family services shall | 42598 |
| issue instructions for the termination or funding reduction. If a | 42599 |
| county family services agency or state agency is administering the | 42600 |
| program, the county family services agency or state agency is | 42601 |
| bound by the termination or funding reduction and shall comply | 42602 |
| with the director's instructions. | 42603 |
| (F) The director of job and family services may adopt | 42604 |
| internal management rules in accordance with section 111.15 of the | 42605 |
| Revised Code as necessary to implement this section. The rules are | 42606 |
| binding on each county family services agency and state agency | 42607 |
| administering, pursuant to this section, a Title IV-A program | 42608 |
|
identified in division (A)(3)(c) or | 42609 |
| the Revised Code. | 42610 |
| Sec. 5101.802. (A) As used in this section: | 42611 |
| (1) "Kinship caregiver" has the same meaning as in section | 42612 |
| 5101.85 of the Revised Code. | 42613 |
| (2) "Minor child" has the same meaning as in section 5107.02 | 42614 |
| of the Revised Code. | 42615 |
| (B) There is hereby created the kinship caregiver subsidy | 42616 |
| program under which a monthly subsidy of two hundred fifty dollars | 42617 |
| shall be provided, to the extent funds are available for the | 42618 |
| program, to a kinship caregiver on behalf of each eligible minor | 42619 |
| child who the kinship caregiver cares for in place of the child's | 42620 |
| parents. A kinship caregiver may receive the monthly subsidy on | 42621 |
| behalf of a minor child if all of the following requirements are | 42622 |
| met: | 42623 |
| (1) The kinship caregiver applies to a public children | 42624 |
| services agency in accordance with the application process | 42625 |
| established in rules adopted under division (D) of this section; | 42626 |
| (2) The minor child for whom the kinship caregiver is to | 42627 |
| receive the subsidy payment is a child with special needs as that | 42628 |
| term is defined in rules adopted under section 5153.163 of the | 42629 |
| Revised Code and related to the kinship caregiver in a manner that | 42630 |
| makes the kinship caregiver a kinship caregiver; | 42631 |
| (3) A juvenile court has adjudicated that the minor child is | 42632 |
| an abused, neglected, or dependent child and determined that it is | 42633 |
| not in the child's best interest to be returned to the child's | 42634 |
| parents; | 42635 |
| (4) The kinship caregiver is either the minor child's legal | 42636 |
| custodian or legal guardian; | 42637 |
| (5) The minor child has resided with the kinship caregiver | 42638 |
| for at least six months pursuant to a placement approval process | 42639 |
| established in rules adopted under division (D) of this section | 42640 |
| and continues to reside with the kinship caregiver; | 42641 |
| (6) The gross income of the kinship caregiver's family does | 42642 |
| not exceed one hundred twenty per cent of the median income of a | 42643 |
| family of the same size, including the minor child, as most | 42644 |
| recently determined for this state by the secretary of health and | 42645 |
| human services under Title XX of the "Social Security Act," 88 | 42646 |
| Stat. 2337, 42 U.S.C. 1397, as amended; | 42647 |
| (7) Neither the kinship caregiver nor the minor child is | 42648 |
| participating in the Ohio works first program established under | 42649 |
| Chapter 5107. of the Revised Code or has had participation in the | 42650 |
| Ohio works first program terminated because of a sanction imposed | 42651 |
| under section 5107.16 of the Revised Code; | 42652 |
| (8) Section 2151.86 of the Revised Code does not require a | 42653 |
| public children services agency to deny the application; | 42654 |
| (9) The kinship caregiver and minor child meet all other | 42655 |
| eligibility requirements established in rules adopted under | 42656 |
| division (D) of this section. | 42657 |
| (C) Public children services agencies shall make eligibility | 42658 |
| determinations and redeterminations for the kinship caregiver | 42659 |
| subsidy program in accordance with rules adopted under division | 42660 |
| (D) of this section. Eligibility redeterminations shall be done | 42661 |
| annually. The director of job and family services shall supervise | 42662 |
| public children services agencies' duties under this section. | 42663 |
| (D) The director of job and family services shall adopt rules | 42664 |
| in accordance with Chapter 119. of the Revised Code as necessary | 42665 |
| to implement the kinship caregiver subsidy program. The rules | 42666 |
| shall establish all of the following: | 42667 |
| (1) The application process for the program; | 42668 |
| (2) The placement approval process through which a minor | 42669 |
| child is placed with a kinship caregiver for the kinship caregiver | 42670 |
| to be eligible for the program; | 42671 |
| (3) Additional eligibility requirements for the program; | 42672 |
| (4) The eligibility determination and redetermination process | 42673 |
| for the program; | 42674 |
| (5) The amount of the subsidy provided under the program; | 42675 |
| (6) The method by which the subsidy is provided to a kinship | 42676 |
| caregiver on behalf of an eligible minor child; | 42677 |
| (7) Anything else the director considers necessary to | 42678 |
| implement the program. | 42679 |
| Sec. 5101.803. (A) There is hereby created the Title IV-A | 42680 |
| demonstration program to provide funding for innovative and | 42681 |
| promising prevention and intervention projects that meet one or | 42682 |
| more of the four purposes of the temporary assistance for needy | 42683 |
| families block grant as specified in 42 U.S.C. 601 and are for | 42684 |
| individuals with specific and multiple barriers to achieving or | 42685 |
| maintaining self-sufficiency and personal responsibility. The | 42686 |
| department of job and family services may provide funding for such | 42687 |
| projects to government entities and, to the extent permitted by | 42688 |
| federal law, private, not-for-profit entities with which the | 42689 |
| department enters into agreements under division (B)(2) of section | 42690 |
| 5101.801 of the Revised Code. | 42691 |
| In accordance with criteria the department develops, the | 42692 |
| department may solicit proposals for entities seeking to enter | 42693 |
| into an agreement with the department under division (B)(2) of | 42694 |
| section 5101.801 of the Revised Code. The department may enter | 42695 |
| into such agreements with entities that do both of the following: | 42696 |
| (1) Meet the proposals' criteria; | 42697 |
| (2) If the entity's proposed project does not potentially | 42698 |
| affect persons in each county of the state, provides the | 42699 |
| department evidence that the entity has notified, in writing, the | 42700 |
| county department of job and family services of each county where | 42701 |
| persons may be affected by the implementation of the project. | 42702 |
| (B) In developing the criteria, soliciting the proposals, and | 42703 |
| entering in the agreements, the department shall comply with all | 42704 |
| applicable federal and state laws, the Title IV-A state plan | 42705 |
| submitted to the United States secretary of health and human | 42706 |
| services under section 5101.80 of the Revised Code, amendments to | 42707 |
| the Title IV-A state plan submitted to the United States secretary | 42708 |
| under that section, and federal waivers the United States | 42709 |
| secretary grants. | 42710 |
| Sec. 5101.821. Except as otherwise approved by the director | 42711 |
| of budget and management, the department of job and family | 42712 |
| services shall deposit federal funds received under Title IV-A of | 42713 |
| the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), | 42714 |
| into the temporary assistance for needy families (TANF) federal | 42715 |
| fund, which is hereby created in the state treasury. The | 42716 |
| department shall use money in the fund for the Ohio works first | 42717 |
| program established under Chapter 5107. of the Revised Code; the | 42718 |
| prevention, retention, and contingency program established under | 42719 |
| Chapter 5108. of the Revised Code; social services provided | 42720 |
| pursuant to section 5101.461 of the Revised Code; and any other | 42721 |
| purposes consistent with Title IV-A, federal regulations, federal | 42722 |
| waivers granted by the United States secretary of health and human | 42723 |
| services, state law, the Title IV-A state plan and amendments | 42724 |
| submitted to the United States secretary of health and human | 42725 |
| services under section 5101.80 of the Revised Code, and rules | 42726 |
| adopted by the department under section 5107.05 of the Revised | 42727 |
| Code. | 42728 |
| Sec. 5104.01. As used in this chapter: | 42729 |
| (A) "Administrator" means the person responsible for the | 42730 |
| daily operation of a center or type A home. The administrator and | 42731 |
| the owner may be the same person. | 42732 |
| (B) "Approved child day camp" means a child day camp approved | 42733 |
| pursuant to section 5104.22 of the Revised Code. | 42734 |
| (C) "Authorized provider" means a person authorized by a | 42735 |
| county director of job and family services to operate a certified | 42736 |
| type B family day-care home. | 42737 |
| (D) "Border state child care provider" means a child care | 42738 |
| provider that is located in a state bordering Ohio and that is | 42739 |
| licensed, certified, or otherwise approved by that state to | 42740 |
| provide child care. | 42741 |
| (E) "Caretaker parent" means the father or mother of a child | 42742 |
| whose presence in the home is needed as the caretaker of the | 42743 |
| child, a person who has legal custody of a child and whose | 42744 |
| presence in the home is needed as the caretaker of the child, a | 42745 |
| guardian of a child whose presence in the home is needed as the | 42746 |
| caretaker of the child, and any other person who stands in loco | 42747 |
| parentis with respect to the child and whose presence in the home | 42748 |
| is needed as the caretaker of the child. | 42749 |
| (F) "Certified type B family day-care home" and "certified | 42750 |
| type B home" mean a type B family day-care home that is certified | 42751 |
| by the director of the county department of job and family | 42752 |
| services pursuant to section 5104.11 of the Revised Code to | 42753 |
| receive public funds for providing child care pursuant to this | 42754 |
| chapter and any rules adopted under it. | 42755 |
| (G) "Chartered nonpublic school" means a school that meets | 42756 |
| standards for nonpublic schools prescribed by the state board of | 42757 |
| education for nonpublic schools pursuant to section 3301.07 of the | 42758 |
| Revised Code. | 42759 |
| (H) "Child" includes an infant, toddler, preschool child, or | 42760 |
| school child. | 42761 |
| (I) "Child care block grant act" means the "Child Care and | 42762 |
| Development Block Grant Act of 1990," established in section 5082 | 42763 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 42764 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 42765 |
| (J) "Child day camp" means a program in which only school | 42766 |
| children attend or participate, that operates for no more than | 42767 |
| seven hours per day, that operates only during one or more public | 42768 |
| school district's regular vacation periods or for no more than | 42769 |
| fifteen weeks during the summer, and that operates outdoor | 42770 |
| activities for each child who attends or participates in the | 42771 |
| program for a minimum of fifty per cent of each day that children | 42772 |
| attend or participate in the program, except for any day when | 42773 |
| hazardous weather conditions prevent the program from operating | 42774 |
| outdoor activities for a minimum of fifty per cent of that day. | 42775 |
| For purposes of this division, the maximum seven hours of | 42776 |
| operation time does not include transportation time from a child's | 42777 |
| home to a child day camp and from a child day camp to a child's | 42778 |
| home. | 42779 |
| (K) "Child care" means administering to the needs of infants, | 42780 |
| toddlers, preschool children, and school children outside of | 42781 |
| school hours by persons other than their parents or guardians, | 42782 |
| custodians, or relatives by blood, marriage, or adoption for any | 42783 |
| part of the twenty-four-hour day in a place or residence other | 42784 |
| than a child's own home. | 42785 |
| (L) "Child day-care center" and "center" mean any place in | 42786 |
| which child care or publicly funded child care is provided for | 42787 |
| thirteen or more children at one time or any place that is not the | 42788 |
| permanent residence of the licensee or administrator in which | 42789 |
| child care or publicly funded child care is provided for seven to | 42790 |
| twelve children at one time. In counting children for the purposes | 42791 |
| of this division, any children under six years of age who are | 42792 |
| related to a licensee, administrator, or employee and who are on | 42793 |
| the premises of the center shall be counted. "Child day-care | 42794 |
| center" and "center" do not include any of the following: | 42795 |
| (1) A place located in and operated by a hospital, as defined | 42796 |
| in section 3727.01 of the Revised Code, in which the needs of | 42797 |
| children are administered to, if all the children whose needs are | 42798 |
| being administered to are monitored under the on-site supervision | 42799 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 42800 |
| a registered nurse licensed under Chapter 4723. of the Revised | 42801 |
| Code, and the services are provided only for children who, in the | 42802 |
| opinion of the child's parent, guardian, or custodian, are | 42803 |
| exhibiting symptoms of a communicable disease or other illness or | 42804 |
| are injured; | 42805 |
| (2) A child day camp; | 42806 |
| (3) A place that provides child care, but not publicly funded | 42807 |
| child care, if all of the following apply: | 42808 |
| (a) An organized religious body provides the child care; | 42809 |
| (b) A parent, custodian, or guardian of at least one child | 42810 |
| receiving child care is on the premises and readily accessible at | 42811 |
| all times; | 42812 |
| (c) The child care is not provided for more than thirty days | 42813 |
| a year; | 42814 |
| (d) The child care is provided only for preschool and school | 42815 |
| children. | 42816 |
| (M) "Child care resource and referral service organization" | 42817 |
| means a community-based nonprofit organization that provides child | 42818 |
| care resource and referral services but not child care. | 42819 |
| (N) "Child care resource and referral services" means all of | 42820 |
| the following services: | 42821 |
| (1) Maintenance of a uniform data base of all child care | 42822 |
| providers in the community that are in compliance with this | 42823 |
| chapter, including current occupancy and vacancy data; | 42824 |
| (2) Provision of individualized consumer education to | 42825 |
| families seeking child care; | 42826 |
| (3) Provision of timely referrals of available child care | 42827 |
| providers to families seeking child care; | 42828 |
| (4) Recruitment of child care providers; | 42829 |
| (5) Assistance in the development, conduct, and dissemination | 42830 |
| of training for child care providers and provision of technical | 42831 |
| assistance to current and potential child care providers, | 42832 |
| employers, and the community; | 42833 |
| (6) Collection and analysis of data on the supply of and | 42834 |
| demand for child care in the community; | 42835 |
| (7) Technical assistance concerning locally, state, and | 42836 |
| federally funded child care and early childhood education | 42837 |
| programs; | 42838 |
| (8) Stimulation of employer involvement in making child care | 42839 |
| more affordable, more available, safer, and of higher quality for | 42840 |
| their employees and for the community; | 42841 |
| (9) Provision of written educational materials to caretaker | 42842 |
| parents and informational resources to child care providers; | 42843 |
| (10) Coordination of services among child care resource and | 42844 |
| referral service organizations to assist in developing and | 42845 |
| maintaining a statewide system of child care resource and referral | 42846 |
| services if required by the department of job and family services; | 42847 |
| (11) Cooperation with the county department of job and family | 42848 |
| services in encouraging the establishment of parent cooperative | 42849 |
| child care centers and parent cooperative type A family day-care | 42850 |
| homes. | 42851 |
| (O) "Child-care staff member" means an employee of a child | 42852 |
| day-care center or type A family day-care home who is primarily | 42853 |
| responsible for the care and supervision of children. The | 42854 |
| administrator may be a part-time child-care staff member when not | 42855 |
| involved in other duties. | 42856 |
| (P) "Drop-in child day-care center," "drop-in center," | 42857 |
| "drop-in type A family day-care home," and "drop-in type A home" | 42858 |
| mean a center or type A home that provides child care or publicly | 42859 |
| funded child care for children on a temporary, irregular basis. | 42860 |
| (Q) "Employee" means a person who either: | 42861 |
| (1) Receives compensation for duties performed in a child | 42862 |
| day-care center or type A family day-care home; | 42863 |
| (2) Is assigned specific working hours or duties in a child | 42864 |
| day-care center or type A family day-care home. | 42865 |
| (R) "Employer" means a person, firm, institution, | 42866 |
| organization, or agency that operates a child day-care center or | 42867 |
| type A family day-care home subject to licensure under this | 42868 |
| chapter. | 42869 |
| (S) "Federal poverty line" means the official poverty | 42870 |
| guideline as revised annually in accordance with section 673(2) of | 42871 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 42872 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 42873 |
| the family of the person whose income is being determined. | 42874 |
| (T) "Head start program" means a comprehensive child | 42875 |
| development program that receives funds distributed under the | 42876 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 42877 |
|
amended | 42878 |
| (U) "Income" means gross income, as defined in section | 42879 |
| 5107.10 of the Revised Code, less any amounts required by federal | 42880 |
| statutes or regulations to be disregarded. | 42881 |
| (V) "Indicator checklist" means an inspection tool, used in | 42882 |
| conjunction with an instrument-based program monitoring | 42883 |
| information system, that contains selected licensing requirements | 42884 |
| that are statistically reliable indicators or predictors of a | 42885 |
| child day-care center or type A family day-care home's compliance | 42886 |
| with licensing requirements. | 42887 |
| (W) "Infant" means a child who is less than eighteen months | 42888 |
| of age. | 42889 |
| (X) "In-home aide" means a person certified by a county | 42890 |
| director of job and family services pursuant to section 5104.12 of | 42891 |
| the Revised Code to provide publicly funded child care to a child | 42892 |
| in a child's own home pursuant to this chapter and any rules | 42893 |
| adopted under it. | 42894 |
| (Y) "Instrument-based program monitoring information system" | 42895 |
| means a method to assess compliance with licensing requirements | 42896 |
| for child day-care centers and type A family day-care homes in | 42897 |
| which each licensing requirement is assigned a weight indicative | 42898 |
| of the relative importance of the requirement to the health, | 42899 |
| growth, and safety of the children that is used to develop an | 42900 |
| indicator checklist. | 42901 |
| (Z) "License capacity" means the maximum number in each age | 42902 |
| category of children who may be cared for in a child day-care | 42903 |
| center or type A family day-care home at one time as determined by | 42904 |
| the director of job and family services considering building | 42905 |
| occupancy limits established by the department of commerce, number | 42906 |
| of available child-care staff members, amount of available indoor | 42907 |
| floor space and outdoor play space, and amount of available play | 42908 |
| equipment, materials, and supplies. | 42909 |
| (AA) "Licensed preschool program" or "licensed school child | 42910 |
| program" means a preschool program or school child program, as | 42911 |
| defined in section 3301.52 of the Revised Code, that is licensed | 42912 |
| by the department of education pursuant to sections 3301.52 to | 42913 |
| 3301.59 of the Revised Code. | 42914 |
| (BB) "Licensee" means the owner of a child day-care center or | 42915 |
| type A family day-care home that is licensed pursuant to this | 42916 |
| chapter and who is responsible for ensuring its compliance with | 42917 |
| this chapter and rules adopted pursuant to this chapter. | 42918 |
| (CC) "Operate a child day camp" means to operate, establish, | 42919 |
| manage, conduct, or maintain a child day camp. | 42920 |
| (DD) "Owner" includes a person, as defined in section 1.59 of | 42921 |
| the Revised Code, or government entity. | 42922 |
| (EE) "Parent cooperative child day-care center," "parent | 42923 |
| cooperative center," "parent cooperative type A family day-care | 42924 |
| home," and "parent cooperative type A home" mean a corporation or | 42925 |
| association organized for providing educational services to the | 42926 |
| children of members of the corporation or association, without | 42927 |
| gain to the corporation or association as an entity, in which the | 42928 |
| services of the corporation or association are provided only to | 42929 |
| children of the members of the corporation or association, | 42930 |
| ownership and control of the corporation or association rests | 42931 |
| solely with the members of the corporation or association, and at | 42932 |
| least one parent-member of the corporation or association is on | 42933 |
| the premises of the center or type A home during its hours of | 42934 |
| operation. | 42935 |
| (FF) "Part-time child day-care center," "part-time center," | 42936 |
| "part-time type A family day-care home," and "part-time type A | 42937 |
| home" mean a center or type A home that provides child care or | 42938 |
| publicly funded child care for no more than four hours a day for | 42939 |
| any child. | 42940 |
| (GG) "Place of worship" means a building where activities of | 42941 |
| an organized religious group are conducted and includes the | 42942 |
| grounds and any other buildings on the grounds used for such | 42943 |
| activities. | 42944 |
| (HH) "Preschool child" means a child who is three years old | 42945 |
| or older but is not a school child. | 42946 |
| (II) "Protective child care" means publicly funded child care | 42947 |
| for the direct care and protection of a child to whom either of | 42948 |
| the following applies: | 42949 |
| (1) A case plan prepared and maintained for the child | 42950 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 42951 |
| for protective care and the child resides with a parent, | 42952 |
| stepparent, guardian, or another person who stands in loco | 42953 |
| parentis as defined in rules adopted under section 5104.38 of the | 42954 |
| Revised Code; | 42955 |
| (2) The child and the child's caretaker either temporarily | 42956 |
| reside in a facility providing emergency shelter for homeless | 42957 |
| families or are determined by the county department of job and | 42958 |
| family services to be homeless, and are otherwise ineligible for | 42959 |
| publicly funded child care. | 42960 |
| (JJ) "Publicly funded child care" means administering to the | 42961 |
| needs of infants, toddlers, preschool children, and school | 42962 |
| children under age thirteen during any part of the | 42963 |
| twenty-four-hour day by persons other than their caretaker parents | 42964 |
| for remuneration wholly or in part with federal or state funds, | 42965 |
| including funds available under the child care block grant act, | 42966 |
| Title IV-A, and Title XX, distributed by the department of job and | 42967 |
| family services. | 42968 |
| (KK) "Religious activities" means any of the following: | 42969 |
| worship or other religious services; religious instruction; Sunday | 42970 |
| school classes or other religious classes conducted during or | 42971 |
| prior to worship or other religious services; youth or adult | 42972 |
| fellowship activities; choir or other musical group practices or | 42973 |
| programs; meals; festivals; or meetings conducted by an organized | 42974 |
| religious group. | 42975 |
| (LL) "School child" means a child who is enrolled in or is | 42976 |
| eligible to be enrolled in a grade of kindergarten or above but is | 42977 |
| less than fifteen years old. | 42978 |
| (MM) "School child day-care center," "school child center," | 42979 |
| "school child type A family day-care home," and "school child type | 42980 |
| A family home" mean a center or type A home that provides child | 42981 |
| care for school children only and that does either or both of the | 42982 |
| following: | 42983 |
| (1) Operates only during that part of the day that | 42984 |
| immediately precedes or follows the public school day of the | 42985 |
| school district in which the center or type A home is located; | 42986 |
| (2) Operates only when the public schools in the school | 42987 |
| district in which the center or type A home is located are not | 42988 |
| open for instruction with pupils in attendance. | 42989 |
| (NN) "State median income" means the state median income | 42990 |
| calculated by the department of development pursuant to division | 42991 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 42992 |
| (OO) "Title IV-A" means Title IV-A of the "Social Security | 42993 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 42994 |
| (PP) "Title XX" means Title XX of the "Social Security Act," | 42995 |
| 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 42996 |
| (QQ) "Toddler" means a child who is at least eighteen months | 42997 |
| of age but less than three years of age. | 42998 |
| (RR) "Type A family day-care home" and "type A home" mean a | 42999 |
| permanent residence of the administrator in which child care or | 43000 |
| publicly funded child care is provided for seven to twelve | 43001 |
| children at one time or a permanent residence of the administrator | 43002 |
| in which child care is provided for four to twelve children at one | 43003 |
| time if four or more children at one time are under two years of | 43004 |
| age. In counting children for the purposes of this division, any | 43005 |
| children under six years of age who are related to a licensee, | 43006 |
| administrator, or employee and who are on the premises of the type | 43007 |
| A home shall be counted. "Type A family day-care home" does not | 43008 |
| include a residence in which the needs of children are | 43009 |
| administered to, if all of the children whose needs are being | 43010 |
| administered to are siblings of the same immediate family and the | 43011 |
| residence is the home of the siblings. "Type A family day-care | 43012 |
| home" and "type A home" do not include any child day camp. | 43013 |
| (SS) "Type B family day-care home" and "type B home" mean a | 43014 |
| permanent residence of the provider in which child care is | 43015 |
| provided for one to six children at one time and in which no more | 43016 |
| than three children are under two years of age at one time. In | 43017 |
| counting children for the purposes of this division, any children | 43018 |
| under six years of age who are related to the provider and who are | 43019 |
| on the premises of the type B home shall be counted. "Type B | 43020 |
| family day-care home" does not include a residence in which the | 43021 |
| needs of children are administered to, if all of the children | 43022 |
| whose needs are being administered to are siblings of the same | 43023 |
| immediate family and the residence is the home of the siblings. | 43024 |
| "Type B family day-care home" and "type B home" do not include any | 43025 |
| child day camp. | 43026 |
| Sec. 5104.32. (A) Except as provided in division (C) of this | 43027 |
| section, all purchases of publicly funded child care shall be made | 43028 |
| under a contract entered into by a licensed child day-care center, | 43029 |
| licensed type A family day-care home, certified type B family | 43030 |
| day-care home, certified in-home aide, approved child day camp, | 43031 |
| licensed preschool program, licensed school child program, or | 43032 |
| border state child care provider and the county department of job | 43033 |
| and family services. A county department of job and family | 43034 |
| services may enter into a contract with a provider for publicly | 43035 |
| funded child care for a specified period of time or upon a | 43036 |
| continuous basis for an unspecified period of time. All contracts | 43037 |
| for publicly funded child care shall be contingent upon the | 43038 |
| availability of state and federal funds. The department of job and | 43039 |
| family services shall prescribe a standard form to be used for all | 43040 |
| contracts for the purchase of publicly funded child care, | 43041 |
| regardless of the source of public funds used to purchase the | 43042 |
| child care. To the extent permitted by federal law and | 43043 |
| notwithstanding any other provision of the Revised Code that | 43044 |
| regulates state or county contracts or contracts involving the | 43045 |
| expenditure of state, county, or federal funds, all contracts for | 43046 |
| publicly funded child care shall be entered into in accordance | 43047 |
| with the provisions of this chapter and are exempt from any other | 43048 |
| provision of the Revised Code that regulates state or county | 43049 |
| contracts or contracts involving the expenditure of state, county, | 43050 |
| or federal funds. | 43051 |
| (B) Each contract for publicly funded child care shall | 43052 |
| specify at least the following: | 43053 |
| (1) That the provider of publicly funded child care agrees to | 43054 |
| be paid for rendering services at the lowest of the rate | 43055 |
| customarily charged by the provider for children enrolled for | 43056 |
| child care, the reimbursement ceiling or rate of payment | 43057 |
| established pursuant to section 5104.30 of the Revised Code, or a | 43058 |
| rate the county department negotiates with the provider; | 43059 |
| (2) That, if a provider provides child care to an individual | 43060 |
| potentially eligible for publicly funded child care who is | 43061 |
| subsequently determined to be eligible, the county department | 43062 |
| agrees to pay for all child care provided between the date the | 43063 |
| county department receives the individual's completed application | 43064 |
| and the date the individual's eligibility is determined; | 43065 |
| (3) Whether the county department of job and family services, | 43066 |
| the provider, or a child care resource and referral service | 43067 |
| organization will make eligibility determinations, whether the | 43068 |
| provider or a child care resource and referral service | 43069 |
| organization will be required to collect information to be used by | 43070 |
| the county department to make eligibility determinations, and the | 43071 |
| time period within which the provider or child care resource and | 43072 |
| referral service organization is required to complete required | 43073 |
| eligibility determinations or to transmit to the county department | 43074 |
| any information collected for the purpose of making eligibility | 43075 |
| determinations; | 43076 |
| (4) That the provider, other than a border state child care | 43077 |
|
provider | 43078 |
| 43079 | |
| certified pursuant to this chapter and shall comply with all | 43080 |
| standards and other requirements in this chapter and in rules | 43081 |
| adopted pursuant to this chapter for maintaining the provider's | 43082 |
| license, approval, or certification; | 43083 |
| (5) That, in the case of a border state child care provider, | 43084 |
| the provider shall continue to be licensed, certified, or | 43085 |
| otherwise approved by the state in which the provider is located | 43086 |
| and shall comply with all standards and other requirements | 43087 |
| established by that state for maintaining the provider's license, | 43088 |
| certificate, or other approval; | 43089 |
| (6) Whether the provider will be paid by the county | 43090 |
| department of job and family services or the state department of | 43091 |
| job and family services; | 43092 |
| (7) That the contract is subject to the availability of state | 43093 |
| and federal funds. | 43094 |
| (C) Unless specifically prohibited by federal law, the county | 43095 |
| department of job and family services shall give individuals | 43096 |
| eligible for publicly funded child care the option of obtaining | 43097 |
| certificates for payment that the individual may use to purchase | 43098 |
| services from any provider qualified to provide publicly funded | 43099 |
| child care under section 5104.31 of the Revised Code. Providers of | 43100 |
| publicly funded child care may present these certificates for | 43101 |
| payment for reimbursement in accordance with rules that the | 43102 |
| director of job and family services shall adopt. Only providers | 43103 |
| may receive reimbursement for certificates for payment. The value | 43104 |
| of the certificate for payment shall be based on the lowest of the | 43105 |
| rate customarily charged by the provider, the reimbursement | 43106 |
| ceiling or rate of payment established pursuant to section 5104.30 | 43107 |
| of the Revised Code, or a rate the county department negotiates | 43108 |
| with the provider. The county department may provide the | 43109 |
| certificates for payment to the individuals or may contract with | 43110 |
| child care providers or child care resource and referral service | 43111 |
| organizations that make determinations of eligibility for publicly | 43112 |
| funded child care pursuant to contracts entered into under section | 43113 |
| 5104.34 of the Revised Code for the providers or resource and | 43114 |
| referral service organizations to provide the certificates for | 43115 |
| payment to individuals whom they determine are eligible for | 43116 |
| publicly funded child care. | 43117 |
| For each six-month period a provider of publicly funded child | 43118 |
| care provides publicly funded child day-care to the child of an | 43119 |
| individual given certificates for payment, the individual shall | 43120 |
| provide the provider certificates for days the provider would have | 43121 |
| provided publicly funded child care to the child had the child | 43122 |
| been present. County departments shall specify the maximum number | 43123 |
| of days providers will be provided certificates of payment for | 43124 |
| days the provider would have provided publicly funded child care | 43125 |
| had the child been present. The maximum number of days shall not | 43126 |
| exceed ten days in a six-month period during which publicly funded | 43127 |
| child care is provided to the child regardless of the number of | 43128 |
| providers that provide publicly funded child care to the child | 43129 |
| during that period. | 43130 |
| Sec. 5104.38. In addition to any other rules adopted under | 43131 |
| this chapter, the director of job and family services shall adopt | 43132 |
| rules in accordance with Chapter 119. of the Revised Code | 43133 |
| governing financial and administrative requirements for publicly | 43134 |
| funded child care and establishing all of the following: | 43135 |
| (A) Procedures and criteria to be used in making | 43136 |
| determinations of eligibility for publicly funded child care that | 43137 |
| give priority to children of families with lower incomes and | 43138 |
| procedures and criteria for eligibility for publicly funded | 43139 |
| protective child care. The rules shall specify the maximum amount | 43140 |
| of income a family may have for initial and continued eligibility. | 43141 |
| The maximum amount shall not exceed two hundred per cent of the | 43142 |
| federal poverty line. | 43143 |
| (B) Procedures under which a county department of job and | 43144 |
| family services may, if the department, under division (A) of this | 43145 |
| section, specifies a maximum amount of income a family may have | 43146 |
| for eligibility for publicly funded child care that is less than | 43147 |
| the maximum amount specified in that division, specify a maximum | 43148 |
| amount of income a family residing in the county the county | 43149 |
| department serves may have for initial and continued eligibility | 43150 |
| for publicly funded child care that is higher than the amount | 43151 |
| specified by the department but does not exceed the maximum amount | 43152 |
| specified in division (A) of this section; | 43153 |
| (C) A schedule of fees requiring all eligible caretaker | 43154 |
| parents to pay a fee for publicly funded child care according to | 43155 |
| income and family size, which shall be uniform for all types of | 43156 |
| publicly funded child care, except as authorized by rule, and, to | 43157 |
| the extent permitted by federal law, shall permit the use of state | 43158 |
| and federal funds to pay the customary deposits and other advance | 43159 |
| payments that a provider charges all children who receive child | 43160 |
| care from that provider. The schedule of fees | 43161 |
| 43162 | |
| 43163 | |
| law. | 43164 |
| (D) A formula based upon a percentage of the county's total | 43165 |
| expenditures for publicly funded child care for determining the | 43166 |
| maximum amount of state and federal funds appropriated for | 43167 |
| publicly funded child care that a county department may use for | 43168 |
| administrative purposes; | 43169 |
| (E) Procedures to be followed by the department and county | 43170 |
| departments in recruiting individuals and groups to become | 43171 |
| providers of child care; | 43172 |
| (F) Procedures to be followed in establishing state or local | 43173 |
| programs designed to assist individuals who are eligible for | 43174 |
| publicly funded child care in identifying the resources available | 43175 |
| to them and to refer the individuals to appropriate sources to | 43176 |
| obtain child care; | 43177 |
| (G) Procedures to deal with fraud and abuse committed by | 43178 |
| either recipients or providers of publicly funded child care; | 43179 |
| (H) Procedures for establishing a child care grant or loan | 43180 |
| program in accordance with the child care block grant act; | 43181 |
| (I) Standards and procedures for applicants to apply for | 43182 |
| grants and loans, and for the department to make grants and loans; | 43183 |
| (J) A definition of "person who stands in loco parentis" for | 43184 |
| the purposes of division (II)(1) of section 5104.01 of the Revised | 43185 |
| Code; | 43186 |
| (K) Procedures for a county department of job and family | 43187 |
| services to follow in making eligibility determinations and | 43188 |
| redeterminations for publicly funded child care available through | 43189 |
| telephone, computer, and other means at locations other than the | 43190 |
| county department; | 43191 |
| (L) Any other rules necessary to carry out sections 5104.30 | 43192 |
| to 5104.39 of the Revised Code. | 43193 |
| Sec. 5107.05. The director of job and family services shall | 43194 |
| adopt rules to implement this chapter. The rules shall be | 43195 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 43196 |
| law, the Title IV-A state plan submitted to the United States | 43197 |
| secretary of health and human services under section 5101.80 of | 43198 |
| the Revised Code, amendments to the plan, and waivers granted by | 43199 |
| the United States secretary. Rules governing eligibility, program | 43200 |
| participation, and other applicant and participant requirements | 43201 |
| shall be adopted in accordance with Chapter 119. of the Revised | 43202 |
| Code. Rules governing financial and other administrative | 43203 |
| requirements applicable to the department of job and family | 43204 |
| services and county departments of job and family services shall | 43205 |
| be adopted in accordance with section 111.15 of the Revised Code. | 43206 |
| (A) The rules shall specify, establish, or govern all of the | 43207 |
| following: | 43208 |
| (1) A payment standard for Ohio works first based on federal | 43209 |
| and state appropriations; | 43210 |
| (2) The method of determining the amount of cash assistance | 43211 |
| an assistance group receives under Ohio works first; | 43212 |
| (3) Requirements for initial and continued eligibility for | 43213 |
| Ohio works first, including requirements regarding income, | 43214 |
| citizenship, age, residence, and assistance group composition. The | 43215 |
| rules regarding income shall specify what is countable income, | 43216 |
| gross earned income, and gross unearned income for the purpose of | 43217 |
| section 5107.10 of the Revised Code. | 43218 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 43219 |
| application and verification procedures, including the minimum | 43220 |
| information an application must contain; | 43221 |
| (5) The extent to which a participant of Ohio works first | 43222 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 43223 |
| county department of job and family services of additional income | 43224 |
| not previously reported to the county department; | 43225 |
| (6) The department of job and family services providing | 43226 |
| written notice of a sanction under section 5107.161 of the Revised | 43227 |
| Code; | 43228 |
| (7) Requirements for the collection and distribution of | 43229 |
| support payments owed participants of Ohio works first pursuant to | 43230 |
| section 5107.20 of the Revised Code; | 43231 |
| (8) For the purpose of section 5107.22 of the Revised Code, | 43232 |
| what constitutes cooperating in establishing a minor child's | 43233 |
| paternity or establishing, modifying, or enforcing a child support | 43234 |
| order and good cause for failure or refusal to cooperate. The rule | 43235 |
| shall be consistent with 42 U.S.C.A. 654(29). | 43236 |
| (9) The | 43237 |
| program provided for under section 5107.30 of the Revised Code, | 43238 |
| including the definitions of "equivalent of a high school diploma" | 43239 |
| and "good cause," and the incentives provided under the LEAP | 43240 |
| program; | 43241 |
| (10) If the director implements section 5107.301 of the | 43242 |
| Revised Code, the requirements governing the award provided under | 43243 |
| that section, including the form that the award is to take and | 43244 |
| requirements an individual must satisfy to receive the award; | 43245 |
| (11) Circumstances under which a county department of job and | 43246 |
| family services may exempt a minor head of household or adult from | 43247 |
| participating in a work activity or developmental activity for all | 43248 |
| or some of the weekly hours otherwise required by section 5107.43 | 43249 |
| of the Revised Code. Circumstances shall include that a school or | 43250 |
| place of work is closed due to a holiday or weather or other | 43251 |
| emergency and that an employer grants the minor head of household | 43252 |
| or adult leave for illness or earned vacation. | 43253 |
| | 43254 |
| subsidize positions created by state agencies and political | 43255 |
| subdivisions under division (C) of section 5107.52 of the Revised | 43256 |
| Code. | 43257 |
| (B) The rules may provide that a county department of job and | 43258 |
| family services is not required to take action under section | 43259 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 43260 |
| is below an amount the department specifies. | 43261 |
| Sec. 5107.10. (A) As used in this section: | 43262 |
| (1) "Countable income," "gross earned income," and "gross | 43263 |
| unearned income" have the meanings established in rules adopted | 43264 |
| under section 5107.05 of the Revised Code. | 43265 |
| (2) "Federal poverty guidelines" has the same meaning as in | 43266 |
| section 5101.46 of the Revised Code, except that references to a | 43267 |
| person's family in the definition shall be deemed to be references | 43268 |
| to the person's assistance group. | 43269 |
| (3) "Gross income" means gross earned income and gross | 43270 |
| unearned income. | 43271 |
| | 43272 |
| the following: | 43273 |
| (a) Fifty per cent of the federal poverty guidelines; | 43274 |
| (b) The gross income maximum for initial eligibility for Ohio | 43275 |
| works first as that maximum was set by division (D)(1)(a) of this | 43276 |
| section on the day before the effective date of this amendment. | 43277 |
| (5) "Strike" means continuous concerted action in failing to | 43278 |
| report to duty; willful absence from one's position; or stoppage | 43279 |
| of work in whole from the full, faithful, and proper performance | 43280 |
| of the duties of employment, for the purpose of inducing, | 43281 |
| influencing, or coercing a change in wages, hours, terms, and | 43282 |
| other conditions of employment. "Strike" does not include a | 43283 |
| stoppage of work by employees in good faith because of dangerous | 43284 |
| or unhealthful working conditions at the place of employment that | 43285 |
| are abnormal to the place of employment. | 43286 |
| (B) Under the Ohio works first program, an assistance group | 43287 |
| shall receive, except as otherwise provided by this chapter, | 43288 |
| time-limited cash assistance. In the case of an assistance group | 43289 |
| that includes a minor head of household or adult, assistance shall | 43290 |
| be provided in accordance with the self-sufficiency contract | 43291 |
| entered into under section 5107.14 of the Revised Code. | 43292 |
| (C) To be eligible to participate in Ohio works first, an | 43293 |
| assistance group must meet all of the following requirements: | 43294 |
| (1) The assistance group, except as provided in division (E) | 43295 |
| of this section, must include at least one of the following: | 43296 |
| (a) A minor child who, except as provided in section 5107.24 | 43297 |
| of the Revised Code, resides with a parent, or specified relative | 43298 |
| caring for the child, or, to the extent permitted by Title IV-A | 43299 |
| and federal regulations adopted until Title IV-A, resides with a | 43300 |
| guardian or custodian caring for the child; | 43301 |
| (b) A parent residing with and caring for the parent's minor | 43302 |
| child who receives supplemental security income under Title XVI of | 43303 |
| the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 43304 |
| as amended, or federal, state, or local adoption assistance; | 43305 |
| (c) A specified relative residing with and caring for a minor | 43306 |
| child who is related to the specified relative in a manner that | 43307 |
| makes the specified relative a specified relative and receives | 43308 |
| supplemental security income or federal, state, or local foster | 43309 |
| care or adoption assistance; | 43310 |
| (d) A woman at least six months pregnant. | 43311 |
| (2) The assistance group must meet the income requirements | 43312 |
| established by division (D) of this section. | 43313 |
| (3) No member of the assistance group may be involved in a | 43314 |
| strike. | 43315 |
| (4) The assistance group must satisfy the requirements for | 43316 |
| Ohio works first established by this chapter and sections 5101.58, | 43317 |
| 5101.59, and 5101.83 of the Revised Code. | 43318 |
| (5) The assistance group must meet requirements for Ohio | 43319 |
| works first established by rules adopted under section 5107.05 of | 43320 |
| the Revised Code. | 43321 |
| (D)(1) Except as provided in division (D) | 43322 |
| section, to determine whether an assistance group is initially | 43323 |
| eligible to participate in Ohio works first, a county department | 43324 |
| of job and family services shall do the following: | 43325 |
| (a) Determine whether the assistance group's gross income | 43326 |
|
exceeds the | 43327 |
| 43328 |
| 43329 | ||||||
| 43330 | ||||||
| 43331 | ||||||
| 43332 | ||||||
| 43333 | ||||||
| 43334 | ||||||
| 43335 | ||||||
| 43336 | ||||||
| 43337 | ||||||
| 43338 | ||||||
| 43339 | ||||||
| 43340 | ||||||
| 43341 | ||||||
| 43342 | ||||||
| 43343 |
| | 43344 |
| 43345 | |
| 43346 | |
| 43347 |
| | 43348 |
| determination, the county department shall disregard amounts that | 43349 |
| federal statutes or regulations and sections 5101.17 and 5117.10 | 43350 |
| of the Revised Code require be disregarded. The assistance group | 43351 |
| is ineligible to participate in Ohio works first if the assistance | 43352 |
| group's gross income, less the amounts disregarded, exceeds the | 43353 |
| 43354 | |
| eligibility threshold. | 43355 |
| (b) If the assistance group's gross income, less the amounts | 43356 |
| disregarded pursuant to division (D)(1)(a) of this section, does | 43357 |
|
not exceed the | 43358 |
| eligibility threshold, determine whether the assistance group's | 43359 |
| countable income is less than the payment standard. The assistance | 43360 |
| group is ineligible to participate in Ohio works first if the | 43361 |
| assistance group's countable income equals or exceeds the payment | 43362 |
| standard. | 43363 |
| (2) For the purpose of determining whether an assistance | 43364 |
| group meets the income requirement established by division | 43365 |
| (D)(1)(a) of this section, the annual revision that the United | 43366 |
| States department of health and human services makes to the | 43367 |
| federal poverty guidelines shall go into effect on the first day | 43368 |
| of July of the year for which the revision is made. | 43369 |
| (3) To determine whether an assistance group participating in | 43370 |
| Ohio works first continues to be eligible to participate, a county | 43371 |
| department of job and family services shall determine whether the | 43372 |
| assistance group's countable income continues to be less than the | 43373 |
| payment standard. In making this determination, the county | 43374 |
| department shall disregard the first two hundred fifty dollars and | 43375 |
| fifty per cent of the remainder of the assistance group's gross | 43376 |
| earned income. No amounts shall be disregarded from the assistance | 43377 |
| group's gross unearned income. The assistance group ceases to be | 43378 |
| eligible to participate in Ohio works first if its countable | 43379 |
| income, less the amounts disregarded, equals or exceeds the | 43380 |
| payment standard. | 43381 |
| | 43382 |
| Ohio works first not more than four months after ceasing to | 43383 |
| participate, a county department of job and family services shall | 43384 |
|
use the income requirement established by
division (D) | 43385 |
| this section to determine eligibility for resumed participation | 43386 |
| rather than the income requirement established by division (D)(1) | 43387 |
| of this section. | 43388 |
| (E)(1) An assistance group may continue to participate in | 43389 |
| Ohio works first even though a public children services agency | 43390 |
| removes the assistance group's minor children from the assistance | 43391 |
| group's home due to abuse, neglect, or dependency if the agency | 43392 |
| does both of the following: | 43393 |
| (a) Notifies the county department of job and family services | 43394 |
| at the time the agency removes the children that it believes the | 43395 |
| children will be able to return to the assistance group within six | 43396 |
| months; | 43397 |
| (b) Informs the county department at the end of each of the | 43398 |
| first five months after the agency removes the children that the | 43399 |
| parent, guardian, custodian, or specified relative of the children | 43400 |
| is cooperating with the case plans prepared for the children under | 43401 |
| section 2151.412 of the Revised Code and that the agency is making | 43402 |
| reasonable efforts to return the children to the assistance group. | 43403 |
| (2) An assistance group may continue to participate in Ohio | 43404 |
| works first pursuant to division (E)(1) of this section for not | 43405 |
| more than six payment months. This division does not affect the | 43406 |
| eligibility of an assistance group that includes a woman at least | 43407 |
| six months pregnant. | 43408 |
| Sec. 5107.26. (A) As used in this section: | 43409 |
| (1) "Transitional child care" means publicly funded child | 43410 |
| care provided under division (A)(3) of section 5104.34 of the | 43411 |
| Revised Code. | 43412 |
| (2) "Transitional medicaid" means the medical assistance | 43413 |
| provided under section
| 43414 |
| (B) Except as provided in division (C) of this section, each | 43415 |
| member of an assistance group participating in Ohio works first is | 43416 |
| ineligible to participate in the program for six payment months if | 43417 |
| a county department of job and family services determines that a | 43418 |
| member of the assistance group terminated the member's employment | 43419 |
| and each person who, on the day prior to the day a recipient | 43420 |
| begins to receive transitional child care or transitional | 43421 |
| medicaid, was a member of the recipient's assistance group is | 43422 |
| ineligible to participate in Ohio works first for six payment | 43423 |
| months if a county department determines that the recipient | 43424 |
| terminated the recipient's employment. | 43425 |
| (C) No assistance group member shall lose or be denied | 43426 |
| eligibility to participate in Ohio works first pursuant to | 43427 |
| division (B) of this section if the termination of employment was | 43428 |
| because an assistance group member or recipient of transitional | 43429 |
| child care or transitional medicaid secured comparable or better | 43430 |
| employment or the county department of job and family services | 43431 |
| certifies that the member or recipient terminated the employment | 43432 |
| with just cause. | 43433 |
| Just cause includes the following: | 43434 |
| (1) Discrimination by an employer based on age, race, sex, | 43435 |
| color, handicap, religious beliefs, or national origin; | 43436 |
| (2) Work demands or conditions that render continued | 43437 |
| employment unreasonable, such as working without being paid on | 43438 |
| schedule; | 43439 |
| (3) Employment that has become unsuitable due to any of the | 43440 |
| following: | 43441 |
| (a) The wage is less than the federal minimum wage; | 43442 |
| (b) The work is at a site subject to a strike or lockout, | 43443 |
| unless the strike has been enjoined under section 208 of the | 43444 |
| "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 43445 |
| 178, as amended, an injunction has been issued under section 10 of | 43446 |
| the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 43447 |
| amended, or an injunction has been issued under section 4117.16 of | 43448 |
| the Revised Code; | 43449 |
| (c) The documented degree of risk to the member or | 43450 |
| recipient's health and safety is unreasonable; | 43451 |
| (d) The member or recipient is physically or mentally unfit | 43452 |
| to perform the employment, as documented by medical evidence or by | 43453 |
| reliable information from other sources. | 43454 |
| (4) Documented illness of the member or recipient or of | 43455 |
| another assistance group member of the member or recipient | 43456 |
| requiring the presence of the member or recipient; | 43457 |
| (5) A documented household emergency; | 43458 |
| (6) Lack of adequate child care for children of the member or | 43459 |
| recipient who are under six years of age. | 43460 |
| Sec. 5107.30. (A) As used in this section: | 43461 |
| (1) "Equivalent of a high school diploma" and "good cause" | 43462 |
| have the meanings established in rules adopted under section | 43463 |
| 5107.05 of the Revised Code. | 43464 |
| (2) "LEAP program" means the learning, earning, and parenting | 43465 |
| program. | 43466 |
| | 43467 |
| whom all of the following apply: | 43468 |
| (a) The individual is a participant of Ohio works
first | 43469 |
| (b) The individual is under age eighteen or is age eighteen | 43470 |
| and in school and is a natural or adoptive parent or is pregnant; | 43471 |
| (c) The individual is subject to the LEAP program's | 43472 |
| requirements. | 43473 |
| | 43474 |
| to lead to the attainment of a high school diploma or the | 43475 |
| equivalent of a high school diploma. | 43476 |
| (B) The director of job and
family services may | 43477 |
| 43478 | |
| 43479 |
| | 43480 |
| 43481 |
| | 43482 |
| 43483 | |
| rules adopted under section 5107.05 of the Revised Code. The | 43484 |
| purpose of the LEAP program is to encourage teens to complete | 43485 |
| school. | 43486 |
| | 43487 |
| 43488 | |
| with the requirements governing the LEAP program unless the | 43489 |
| participating teen shows good cause for not attending school. The | 43490 |
| department shall provide, in addition to the cash assistance | 43491 |
| payment provided under Ohio works first, an incentive payment, in | 43492 |
| an amount determined by the department, to every participating | 43493 |
| teen who | 43494 |
| in accordance with the requirements governing the LEAP program. In | 43495 |
| addition to the incentive payment, the department may provide | 43496 |
| other incentives to participating teens who attend school in | 43497 |
| accordance with the LEAP program's requirements. The department | 43498 |
| shall reduce the cash assistance payment, in an amount determined | 43499 |
| by the department, under Ohio works first to every participating | 43500 |
| teen
| 43501 |
| without good cause, to meet the LEAP program's requirements | 43502 |
| 43503 |
| | 43504 |
| 43505 | |
| with the county department of job and family services that | 43506 |
| 43507 |
| | 43508 |
| incentive
payment and other incentives, if any, under | 43509 |
| 43510 | |
| program. | 43511 |
| | 43512 |
|
payment | 43513 |
| if the participating teen meets the requirements of the LEAP | 43514 |
| program. | 43515 |
| | 43516 |
| teen's cash assistance payment under Ohio works first will be | 43517 |
| reduced if the participating teen fails or refuses without good | 43518 |
| cause to attend school in accordance with the requirements | 43519 |
| governing the LEAP program. | 43520 |
| (C) A minor head of household who is participating in the | 43521 |
| LEAP program shall be considered to be participating in a work | 43522 |
| activity for the purpose of sections 5107.40 to 5107.69 of the | 43523 |
| Revised Code. However, the minor head of household is not subject | 43524 |
| to the requirements or sanctions of those sections. | 43525 |
| (D) Subject to the availability of funds, county departments | 43526 |
| of job and family services shall provide for | 43527 |
| participating teens to receive support services the county | 43528 |
| department determines to be necessary for LEAP participation. | 43529 |
| Support services may include publicly funded child care under | 43530 |
| Chapter 5104. of the Revised Code, transportation, and other | 43531 |
| services. | 43532 |
| Sec. 5107.301. For the purpose of encouraging individuals | 43533 |
| who have successfully completed the requirements of the LEAP | 43534 |
| program to enroll in post-secondary education, the director of job | 43535 |
| and family services may provide an award to such individuals who | 43536 |
| enroll in post-secondary education. If provided, the award shall | 43537 |
| be provided in accordance with rules adopted under section 5107.05 | 43538 |
| of the Revised Code. | 43539 |
| Sec. 5107.58. In accordance with a federal waiver granted by | 43540 |
| the United States secretary of health and human services pursuant | 43541 |
| to a request made under former section 5101.09 of the Revised | 43542 |
| Code, county departments of job and family services may establish | 43543 |
| and administer as a work activity for minor heads of households | 43544 |
| and adults participating in Ohio works first an education program | 43545 |
| under which the participant is enrolled full-time in | 43546 |
| post-secondary education leading to vocation at a state | 43547 |
| institution of higher education, as defined in section 3345.031 of | 43548 |
| the Revised Code; a private nonprofit college or university that | 43549 |
| possesses a certificate of authorization issued by the Ohio board | 43550 |
| of regents pursuant to Chapter 1713. of the Revised Code, or is | 43551 |
| exempted by division (E) of section 1713.02 of the Revised Code | 43552 |
| from the requirement of a certificate; a school that holds a | 43553 |
| certificate of registration and program authorization issued by | 43554 |
| the state board of career colleges and schools under Chapter 3332. | 43555 |
| of the Revised Code; a private institution exempt from regulation | 43556 |
| under Chapter 3332. of the Revised Code as prescribed in section | 43557 |
| 3333.046 of the Revised Code; or a school that has entered into a | 43558 |
| contract with the county department of job and family services. | 43559 |
| The participant shall make reasonable efforts, as determined by | 43560 |
| the county department, to obtain a loan, scholarship, grant, or | 43561 |
| other assistance to pay for the tuition, including a federal Pell | 43562 |
| grant
under 20
U.S.C.A.
1070a | 43563 |
| under section 3333.12 of the Revised Code, and an Ohio college | 43564 |
| opportunity grant under section 3333.122 of the Revised Code. If | 43565 |
| the participant has made reasonable efforts but is unable to | 43566 |
| obtain sufficient assistance to pay the tuition the program may | 43567 |
| pay the tuition. On or after October 1, 1998, the county | 43568 |
| department may enter into a loan agreement with the participant to | 43569 |
| pay the tuition. The total period for which tuition is paid and | 43570 |
| loans made shall not exceed two years. If the participant, | 43571 |
| pursuant to division (B)(3) of section 5107.43 of the Revised | 43572 |
| Code, volunteers to participate in the education program for more | 43573 |
| hours each week than the participant is assigned to the program, | 43574 |
| the program may pay or the county department may loan the cost of | 43575 |
| the tuition for the additional voluntary hours as well as the cost | 43576 |
| of the tuition for the assigned number of hours. The participant | 43577 |
| may receive, for not more than three years, support services, | 43578 |
| including publicly funded child care under Chapter 5104. of the | 43579 |
| Revised Code and transportation, that the participant needs to | 43580 |
| participate in the program. To receive support services in the | 43581 |
| third year, the participant must be, as determined by the | 43582 |
| educational institution in which the participant is enrolled, in | 43583 |
| good standing with the institution. | 43584 |
| A county department that provides loans under this section | 43585 |
| shall establish procedures governing loan application for and | 43586 |
| approval and administration of loans granted pursuant to this | 43587 |
| section. | 43588 |
| Sec. 5110.01. As used in this chapter: | 43589 |
| (A) "Administrative fee" means the amount specified in rules | 43590 |
| adopted under division (G) of section 5110.35 of the Revised Code. | 43591 |
| (B) "Children's health insurance program" means the | 43592 |
| children's health insurance program part I and part II established | 43593 |
| under sections 5101.50 to 5101.5110 of the Revised Code. | 43594 |
| (C) | 43595 |
| 43596 |
| | 43597 |
| established under Chapter 5111. of the Revised Code. | 43598 |
| | 43599 |
| registered for a drug pursuant to the listing system established | 43600 |
| by the United States food and drug administration under the "Drug | 43601 |
| Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. | 43602 |
| | 43603 |
| entity, if any, the department of job and family services | 43604 |
| contracts with pursuant to section 5110.10 of the Revised Code to | 43605 |
| perform administrative functions of the Ohio's best Rx program and | 43606 |
| to offer the mail order system through which Ohio's best Rx | 43607 |
| program participants may obtain drugs by mail. | 43608 |
| | 43609 |
| means an individual who signs an application for the Ohio's best | 43610 |
| Rx program and submits it to the department of job and family | 43611 |
| services, or the Ohio's best Rx program administrator, for a | 43612 |
| determination of eligibility for the program. | 43613 |
| | 43614 |
| means an individual determined eligible for the Ohio's best Rx | 43615 |
| program and included under a valid Ohio's best Rx program | 43616 |
| enrollment card. | 43617 |
| | 43618 |
| participating terminal distributor is to charge an Ohio's best Rx | 43619 |
| program participant for a drug included in the Ohio's best Rx | 43620 |
| program as determined under section 5110.14 of the Revised Code. | 43621 |
| "Ohio's best Rx program price" does not include either of the | 43622 |
| following: | 43623 |
| (1) The amount of the professional fee, if any, the | 43624 |
| participating terminal distributor adds to the Ohio's best Rx | 43625 |
| program price pursuant to an agreement under section 5110.12 of | 43626 |
| the Revised Code; | 43627 |
| (2) The amount of the administrative fee, if any, the | 43628 |
| department of job and family services reports to the participating | 43629 |
| terminal distributor under section 5110.29 of the Revised Code. | 43630 |
| | 43631 |
| participating in the Ohio's best Rx program pursuant to a rebate | 43632 |
| agreement. | 43633 |
| | 43634 |
| distributor of dangerous drugs participating in the Ohio's best Rx | 43635 |
| program pursuant to an agreement entered into with the department | 43636 |
| of job and family services under section 5110.12 of the Revised | 43637 |
| Code. | 43638 |
| | 43639 |
| benefit plan or state retirement system health benefit plan, means | 43640 |
| the total amount paid to a terminal distributor of dangerous drugs | 43641 |
| under a state health benefit plan or state retirement system | 43642 |
| health benefit plan for one unit of a drug covered by the plan, | 43643 |
| after the plan discounts or otherwise reduces the amount to be | 43644 |
| paid to the terminal distributor. "Per unit price" includes both | 43645 |
| of the following: | 43646 |
| (1) The amount that the state health benefit plan or state | 43647 |
| retirement system health benefit plan, or other government entity | 43648 |
| or person authorized to make the payment on behalf of the plan, | 43649 |
| pays to the terminal distributor of dangerous drugs; | 43650 |
| (2) The amount that the beneficiary of the state health | 43651 |
| benefit plan or state retirement system health benefit plan pays | 43652 |
| to the terminal distributor of dangerous drugs in the form of a | 43653 |
| copayment, coinsurance, or other cost-sharing charge. | 43654 |
| | 43655 |
| benefit plan or state retirement system health benefit plan, means | 43656 |
| all rebates, discounts, formulary fees, administrative fees, and | 43657 |
| other allowances a drug manufacturer pays to the plan, or other | 43658 |
| government entity or person authorized to receive all or part of | 43659 |
| such payments, for a drug during a calendar year, divided by the | 43660 |
| total number of units of that drug dispensed under the plan during | 43661 |
| the same calendar year. | 43662 |
| | 43663 |
| percentage specified in rules adopted under division (K) of | 43664 |
| section 5110.35 of the Revised Code. | 43665 |
| | 43666 |
| 5110.21 of the Revised Code between the department of job and | 43667 |
| family services and a drug manufacturer. | 43668 |
| | 43669 |
| care benefits offered through the Ohio med preferred provider | 43670 |
| organization, or a successor entity selected by the state, to | 43671 |
| which either of the following apply: | 43672 |
| (1) It is provided by a collective bargaining agreement | 43673 |
| authorized by division (A)(4) of section 4117.03 of the Revised | 43674 |
| Code. | 43675 |
| (2) It is offered by the department of administrative | 43676 |
| services to state employees in accordance with section 124.81 or | 43677 |
| 124.82 of the Revised Code. | 43678 |
| | 43679 |
| the public employees retirement system, state teachers retirement | 43680 |
| system, school employees retirement system, Ohio police and fire | 43681 |
| pension fund, and state highway patrol retirement system. | 43682 |
| | 43683 |
| plan of health care benefits offered by a state retirement system | 43684 |
| under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the | 43685 |
| Revised Code. | 43686 |
| | 43687 |
| meaning as in section 4729.01 of the Revised Code. | 43688 |
| | 43689 |
| 3901.38 of the Revised Code. | 43690 |
| | 43691 |
| 1333.61 of the Revised Code. | 43692 |
| | 43693 |
| participating terminal distributor or the Ohio's best Rx program | 43694 |
| administrator charges for a drug included in the program to an | 43695 |
| individual who does not receive a discounted price for the drug | 43696 |
| pursuant to any drug discount program, including the Ohio's best | 43697 |
| Rx program, a prescription drug discount card program established | 43698 |
| under section 173.061 of the Revised Code, or a pharmacy | 43699 |
| assistance program established by any person or government entity, | 43700 |
| and for whom no third-party payer or program funded in whole or | 43701 |
| part with state or federal funds is responsible for all or part of | 43702 |
| the cost of the drug the distributor dispenses to the individual. | 43703 |
| Sec. 5110.05. (A) To be eligible for the Ohio's best Rx | 43704 |
| program, an individual must meet all of the following requirements | 43705 |
| at the time of application or reapplication for the program: | 43706 |
| (1) Be a resident of this state; | 43707 |
| (2) Have family income, as determined under rules adopted | 43708 |
| pursuant to section 5110.35 of the Revised Code, that does not | 43709 |
| exceed two hundred fifty per cent of the federal poverty | 43710 |
| guidelines, as revised annually by the United States department of | 43711 |
| health and human services in accordance with section 673(2) of the | 43712 |
| "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 43713 |
| U.S.C. 9902, as amended, or be sixty years of age or older; | 43714 |
| (3) Not have outpatient prescription drug coverage paid for | 43715 |
| in whole or in part by any of the following: | 43716 |
| (a) A third-party payer; | 43717 |
| (b) The medicaid program; | 43718 |
| (c) The children's health insurance program; | 43719 |
| (d) | 43720 |
| | 43721 |
| uses state or federal funds to pay part or all of the cost of the | 43722 |
| individual's outpatient prescription drugs, other than a | 43723 |
| prescription drug discount card program established under section | 43724 |
| 173.061 of the Revised Code. | 43725 |
| (4) Not have had outpatient prescription drug coverage | 43726 |
| specified in division (A)(3) of this section during any of the | 43727 |
| four months preceding the month in which the application or | 43728 |
| reapplication for the Ohio's best Rx program is made, unless any | 43729 |
| of the following applies: | 43730 |
| (a) The individual is sixty years of age or older. | 43731 |
| (b) The third-party payer that paid all or part of the | 43732 |
| coverage filed for bankruptcy under federal bankruptcy laws. | 43733 |
| (c) The individual is no longer eligible for coverage | 43734 |
| provided through a retirement plan subject to protection under the | 43735 |
| "Employee Retirement Income Security Act of 1974," 88 Stat. 832, | 43736 |
| 29 U.S.C. 1001, as amended. | 43737 |
| (d) The individual is no longer eligible for the medicaid | 43738 |
| program | 43739 |
| 43740 |
| (B) Application and annual reapplication for the Ohio's best | 43741 |
| Rx program shall be made in accordance with rules adopted under | 43742 |
| section 5110.35 of the Revised Code on a form prescribed in those | 43743 |
| rules. An individual may apply or reapply on behalf of the | 43744 |
| individual and the individual's spouse and children. The guardian | 43745 |
| or custodian of an individual may apply or reapply on behalf of | 43746 |
| the individual. | 43747 |
| Sec. 5110.352. As used in this section, "medicaid dispensing | 43748 |
| fee" means the dispensing fee established under section | 43749 |
| 5111.071 of the Revised Code for the medicaid program. | 43750 |
| In adopting a rule under division (F) of section 5110.35 of | 43751 |
| the Revised Code increasing the maximum amount of the professional | 43752 |
| fee participating terminal distributors may charge Ohio's best Rx | 43753 |
| program participants under section 5110.12 of the Revised Code and | 43754 |
| the Ohio's best Rx program administrator may charge under a | 43755 |
| contract entered into under section 5110.10 of the Revised Code, | 43756 |
| the department of job and family services shall review the amount | 43757 |
| of the professional fee once a year or, at the department's | 43758 |
| discretion, at more frequent intervals and shall not increase the | 43759 |
| professional fee to an amount exceeding the medicaid dispensing | 43760 |
| fee. | 43761 |
| A participating terminal distributor and the Ohio's best Rx | 43762 |
| program administrator may charge a maximum three dollar | 43763 |
| professional fee regardless of whether the medicaid dispensing fee | 43764 |
| for that drug is less than that amount. The department, however, | 43765 |
| may not adopt a rule increasing the maximum professional fee for | 43766 |
| that drug until the medicaid dispensing fee for that drug exceeds | 43767 |
| that amount. | 43768 |
| Sec. 5110.39. Not later than | 43769 |
| March of each year, the department of job and family services | 43770 |
| shall do all of the following: | 43771 |
| (A) Create a list of the twenty-five drugs most often | 43772 |
| dispensed to Ohio's best Rx program participants under the | 43773 |
| program, using data from the most recent six-month period for | 43774 |
| which the data is available; | 43775 |
| (B) Determine the average amount that participating terminal | 43776 |
| distributors charge, on a date selected by the department, | 43777 |
| participants for each drug included on the list created under | 43778 |
| division (A) of this section; | 43779 |
| (C) Determine, for the date selected for division (B) of this | 43780 |
| section, the average usual and customary charge of participating | 43781 |
| terminal distributors for each drug included on the list created | 43782 |
| under division (A) of this section; | 43783 |
| (D) By comparing the average charges determined under | 43784 |
| divisions (B) and (C) of this section, determine the average | 43785 |
| percentage savings in the amount participating terminal | 43786 |
| distributors charge Ohio's best Rx program participants for each | 43787 |
| drug included on the list created under division (A) of this | 43788 |
| section. | 43789 |
| Sec. 5111.019. (A) The director of job and family services | 43790 |
| shall submit to the United States secretary of health and human | 43791 |
| services an amendment to the state medicaid plan to make an | 43792 |
| individual who meets all of the following requirements eligible | 43793 |
| for medicaid for the amount of time provided by division (B) of | 43794 |
| this section: | 43795 |
| (1) The individual is the parent of a child under nineteen | 43796 |
| years of age and resides with the child; | 43797 |
| (2) The individual's family income does not exceed | 43798 |
| 43799 |
| (3) The individual is not otherwise eligible for medicaid; | 43800 |
| (4) The individual satisfies all relevant requirements | 43801 |
| established by rules adopted under division (D) of section 5111.01 | 43802 |
| of the Revised Code. | 43803 |
| (B) An individual is eligible to receive medicaid under this | 43804 |
| section for a period that does not exceed two years beginning on | 43805 |
| the date on which eligibility is established. | 43806 |
| | 43807 |
| 43808 | |
| 43809 | |
| 43810 | |
| 43811 | |
| 43812 | |
| 43813 | |
| 43814 |
| Sec. 5111.0112. (A) The director of job and family services | 43815 |
|
shall
| 43816 |
| medicaid. | 43817 |
| 43818 | |
| copayment program shall establish a copayment requirement for all | 43819 |
| groups
of
medicaid recipients | 43820 |
| 43821 | |
| federal statutes and regulations. | 43822 |
| 43823 | |
| 43824 | |
| 43825 | |
| 43826 | |
| 43827 | |
| 43828 | |
| copayments shall be the maximum amount permitted by 42 C.F.R. | 43829 |
| 447.54 or a regulation that replaces it. The director shall adopt | 43830 |
| rules | 43831 |
| Revised Code governing the copayment program. | 43832 |
| (B) The copayment program shall, to the extent permitted by | 43833 |
| federal law, provide for all of the following with regard to any | 43834 |
| providers participating in the medicaid program: | 43835 |
| (1) No provider shall refuse to provide a service to a | 43836 |
| medicaid recipient who is unable to pay a required copayment for | 43837 |
| the service. | 43838 |
| (2) Division (B)(1) of this section shall not be considered | 43839 |
| to do either of the following with regard to a medicaid recipient | 43840 |
| who is unable to pay a required copayment: | 43841 |
| (a) Relieve the medicaid recipient from the obligation to pay | 43842 |
| a copayment; | 43843 |
| (b) Prohibit the provider from attempting to collect an | 43844 |
| unpaid copayment. | 43845 |
| (3) No provider shall waive a medicaid recipient's obligation | 43846 |
| to pay the provider a copayment. | 43847 |
| (4) No provider or drug manufacturer, including the | 43848 |
| manufacturer's representative, employee, independent contractor, | 43849 |
| or agent, shall pay any copayment on behalf of a medicaid | 43850 |
| recipient. | 43851 |
| (5) If it is the routine business practice of the provider to | 43852 |
| refuse service to any individual who owes an outstanding debt to | 43853 |
| the provider, the provider may consider an unpaid copayment | 43854 |
| imposed by the copayment program as an outstanding debt. If the | 43855 |
| provider intends to refuse service to a medicaid recipient who | 43856 |
| owes the provider an outstanding debt, the provider shall notify | 43857 |
| the individual of the provider's intent to refuse services. | 43858 |
| (C) The director shall exclude generic drugs from the | 43859 |
| copayment program instituted under this section. | 43860 |
| | 43861 |
| family
services may
provide medical assistance under | 43862 |
| 43863 | |
| 43864 | |
| 43865 | |
| federal funds are provided for such assistance, to each former | 43866 |
| participant of the Ohio works first program established under | 43867 |
| Chapter 5107. of the Revised Code who meets all of the following | 43868 |
| requirements: | 43869 |
| (1) Is ineligible to participate in Ohio works first solely | 43870 |
| as a result of increased income due to employment; | 43871 |
| (2) Is not covered by, and does not have access to, medical | 43872 |
| insurance coverage through the employer with benefits comparable | 43873 |
| to those provided under this section, as determined in accordance | 43874 |
| with rules adopted by the director of job and family services | 43875 |
| under division (B) of this section; | 43876 |
| (3) Meets any other requirement established by rule adopted | 43877 |
| under division (B) of this section. | 43878 |
| (B) The director of job and family services shall adopt such | 43879 |
| rules under Chapter 119. of the Revised Code as are necessary to | 43880 |
| implement and administer the medical assistance program under this | 43881 |
| section. | 43882 |
| (C) A person seeking to participate in a program of medical | 43883 |
| assistance under this section shall apply to the county department | 43884 |
| of job and family services in the county in which the applicant | 43885 |
| resides. The application shall be made on a form prescribed by the | 43886 |
| department of job and family services and furnished by the county | 43887 |
| department. | 43888 |
| (D) If the county department of job and family services | 43889 |
| determines that a person is eligible to receive medical assistance | 43890 |
| under this section, the department shall provide assistance, to | 43891 |
| the same extent and in the same manner as medical assistance is | 43892 |
| provided to a person eligible for medical assistance pursuant to | 43893 |
| division (A)(1)(a) of section 5111.01 of the Revised Code, for no | 43894 |
| longer than twelve months, beginning the month after the date the | 43895 |
| participant's eligibility for Ohio works first is terminated. | 43896 |
| Sec. 5111.02. (A) As used in this chapter, "state medicaid | 43897 |
| plan service" means a service covered by the medicaid program | 43898 |
| pursuant to the state medicaid plan, or an amendment to the plan, | 43899 |
| approved by the United States secretary of health and human | 43900 |
| services. "State medicaid plan service" does not include either of | 43901 |
| the following because they are not included in the state medicaid | 43902 |
| plan or an amendment to the plan: | 43903 |
| (1) Services provided under the care management system | 43904 |
| established under section 5111.16 of the Revised Code; | 43905 |
| (2) Services provided under a medicaid waiver component as | 43906 |
| defined in section 5111.85 of the Revised Code. | 43907 |
| (B) The director of job and family services shall adopt, and | 43908 |
| may amend or rescind, rules under Chapter 119. of the Revised Code | 43909 |
| establishing the amount, duration, and scope of state medicaid | 43910 |
| plan services. The rules shall be consistent with federal and | 43911 |
| state law and the state medicaid plan, and amendments to the plan, | 43912 |
| approved by the United States secretary of health and human | 43913 |
| services. The rules may be different for different state medicaid | 43914 |
| plan services. The rules shall establish all of the following: | 43915 |
| (1) The conditions under which the medicaid program shall | 43916 |
| cover and reimburse state medicaid plan services; | 43917 |
| (2) The method of reimbursement applicable to each state | 43918 |
| medicaid plan service; | 43919 |
| (3) The amount of reimbursement or, in lieu of amounts, | 43920 |
| methods by which amounts are to be determined for each state | 43921 |
| medicaid plan service; | 43922 |
| (4) Procedures for enforcing the rules adopted under this | 43923 |
| section that provide due process protections, including procedures | 43924 |
| for corrective action plans for, and imposing financial and | 43925 |
| administrative sanctions on, persons and government entities that | 43926 |
| violate the rules. | 43927 |
| | 43928 |
| medicaid program: | 43929 |
| | 43930 |
| regulation and at the department's discretion, reimbursement by | 43931 |
| the department of job and family services to a medical provider | 43932 |
| for any medical service rendered under the program shall not | 43933 |
| exceed the authorized reimbursement level for the same service | 43934 |
| under the medicare program established under Title XVIII of the | 43935 |
|
"Social Security Act," | 43936 |
|
U.S.C. | 43937 |
| | 43938 |
| charges shall not exceed the customary and usual fee for | 43939 |
| laboratory profiles. | 43940 |
| | 43941 |
|
rendered by a medicaid provider under the | 43942 |
| medicaid program any amounts the provider owes the state as the | 43943 |
| result of
incorrect | 43944 |
| department has made to the provider. | 43945 |
| | 43946 |
| accordance with the applicable requirements set forth in federal | 43947 |
| laws and regulations and determine any amounts the provider may | 43948 |
| owe the state. When conducting final fiscal audits, the department | 43949 |
| shall consider generally accepted auditing standards, which | 43950 |
| include the use of statistical sampling. | 43951 |
| | 43952 |
|
which
reimbursement is made on behalf of a medicaid recipient | 43953 |
| 43954 | |
| diagnostic-related-group prospective payment system shall not | 43955 |
| exceed thirty days during a period beginning on the day of the | 43956 |
| recipient's admission to the hospital and ending sixty days after | 43957 |
| the termination of that hospital stay, except that the department | 43958 |
| may make exceptions to this limitation. The limitation does not | 43959 |
| apply to children participating in the program for medically | 43960 |
| handicapped children established under section 3701.023 of the | 43961 |
| Revised Code. | 43962 |
| | 43963 |
| 43964 | |
| 43965 | |
| 43966 | |
| 43967 | |
| 43968 | |
| 43969 | |
| 43970 | |
| 43971 | |
| 43972 | |
| 43973 |
| | 43974 |
| collaborating physician or podiatrist and a clinical nurse | 43975 |
| specialist, certified nurse-midwife, or certified nurse | 43976 |
| practitioner for services performed by the nurse shall be | 43977 |
| determined and agreed on by the nurse and collaborating physician | 43978 |
| or podiatrist. In no case shall reimbursement exceed the payment | 43979 |
| that the physician or podiatrist would have received had the | 43980 |
| physician or podiatrist provided the entire service. | 43981 |
| | 43982 |
| medicaid program, any amount determined to be owed the state by a | 43983 |
| final fiscal audit
conducted pursuant to division | 43984 |
| section | 43985 |
| an adjudication order pursuant to Chapter 119. of the Revised Code | 43986 |
| that contains a finding that there is a preponderance of the | 43987 |
| evidence that the provider will liquidate assets or file | 43988 |
| bankruptcy in order to prevent payment of the amount determined to | 43989 |
| be owed the state, becomes a lien upon the real and personal | 43990 |
| property of the provider. Upon failure of the provider to pay the | 43991 |
| amount to the state, the director of job and family services shall | 43992 |
| file notice of the lien, for which there shall be no charge, in | 43993 |
| the office of the county recorder of the county in which it is | 43994 |
| ascertained that the provider owns real or personal property. The | 43995 |
| director shall notify the provider by mail of the lien, but | 43996 |
| absence of proof that the notice was sent does not affect the | 43997 |
| validity of the lien. The lien is not valid as against the claim | 43998 |
| of any mortgagee, pledgee, purchaser, judgment creditor, or other | 43999 |
| lienholder of record at the time the notice is filed. | 44000 |
| If the provider acquires real or personal property after | 44001 |
| notice of the lien is filed, the lien shall not be valid as | 44002 |
| against the claim of any mortgagee, pledgee, subsequent bona fide | 44003 |
| purchaser for value, judgment creditor, or other lienholder of | 44004 |
| record to such after-acquired property unless the notice of lien | 44005 |
| is refiled after the property is acquired by the provider and | 44006 |
| before the competing lien attaches to the after-acquired property | 44007 |
| or before the conveyance to the subsequent bona fide purchaser for | 44008 |
| value. | 44009 |
| When the amount has been paid, the provider may record with | 44010 |
| the recorder notice of the payment. For recording such notice of | 44011 |
| payment, the recorder shall charge and receive from the provider a | 44012 |
| base fee of one dollar for services and a housing trust fund fee | 44013 |
| of one dollar pursuant to section 317.36 of the Revised Code. | 44014 |
| In the event of a distribution of a provider's assets | 44015 |
| pursuant to an order of any court under the law of this state | 44016 |
| including any receivership, assignment for benefit of creditors, | 44017 |
| adjudicated insolvency, or similar proceedings, amounts then or | 44018 |
| thereafter due the state under this chapter have the same priority | 44019 |
| as provided by law for the payment of taxes due the state and | 44020 |
| shall be paid out of the receivership trust fund or other such | 44021 |
| trust fund in the same manner as provided for claims for unpaid | 44022 |
| taxes due the state. | 44023 |
| If the attorney general finds after investigation that any | 44024 |
| amount due the state under this chapter is uncollectable, in whole | 44025 |
| or in part, the attorney general shall recommend to the director | 44026 |
| the cancellation of all or part of the claim. The director may | 44027 |
| thereupon effect the cancellation. | 44028 |
| | 44029 |
| (1) "Community mental health facility" means a community | 44030 |
| mental health facility that has a quality assurance program | 44031 |
| accredited by the joint commission on accreditation of healthcare | 44032 |
| organizations or is certified by the department of mental health | 44033 |
| or department of job and family services. | 44034 |
| (2) "Mental health professional" means a person qualified to | 44035 |
| work with mentally ill persons under the standards established by | 44036 |
| the director of mental health pursuant to section 5119.611 of the | 44037 |
| Revised Code. | 44038 |
| (B) The state medicaid plan shall include provision of the | 44039 |
| following mental health services when provided by community mental | 44040 |
| health facilities: | 44041 |
| (1) Outpatient mental health services, including, but not | 44042 |
| limited to, preventive, diagnostic, therapeutic, rehabilitative, | 44043 |
| and palliative interventions rendered to individuals in an | 44044 |
| individual or group setting by a mental health professional in | 44045 |
| accordance with a plan of treatment appropriately established, | 44046 |
| monitored, and reviewed; | 44047 |
| (2) Partial-hospitalization mental health services of three | 44048 |
| to fourteen hours per service day, rendered by persons directly | 44049 |
| supervised by a mental health professional; | 44050 |
| (3) Unscheduled, emergency mental health services of a kind | 44051 |
| ordinarily provided to persons in crisis when rendered by persons | 44052 |
| supervised by a mental health professional; | 44053 |
| (4) Subject to receipt of federal approval, assertive | 44054 |
| community treatment and intensive home-based mental health | 44055 |
| services. | 44056 |
| (C) The comprehensive annual plan shall certify the | 44057 |
| availability of sufficient unencumbered community mental health | 44058 |
| state subsidy and local funds to match federal medicaid | 44059 |
| reimbursement funds earned by community mental health facilities. | 44060 |
| (D) The department of job and family services shall enter | 44061 |
| into a separate contract with the department of mental health | 44062 |
| under section 5111.91 of the Revised Code with regard to the | 44063 |
| component of the medicaid program provided for by this section. | 44064 |
| (E) Not later than July 21, 2004, the department of job and | 44065 |
| family services shall request federal approval to provide | 44066 |
| assertive community treatment and intensive home-based mental | 44067 |
| health services under medicaid pursuant to this section. | 44068 |
| (F) On receipt of federal approval sought under division (E) | 44069 |
| of this section, the director of job and family services shall | 44070 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 44071 |
| for assertive community treatment and intensive home-based mental | 44072 |
| health services provided under medicaid pursuant to this section. | 44073 |
| The director shall consult with the department of mental health in | 44074 |
| adopting the rules. | 44075 |
| Sec. 5111.025. (A) In rules adopted under section 5111.02 of | 44076 |
| the Revised Code, the director of job and family services shall | 44077 |
| modify the manner or establish a new manner in which the following | 44078 |
| are paid under medicaid: | 44079 |
| (1) Community mental health facilities for providing mental | 44080 |
| health services included in the state medicaid plan pursuant to | 44081 |
| section | 44082 |
| (2) Providers of alcohol and drug addiction services for | 44083 |
| providing alcohol and drug addiction services included in the | 44084 |
| medicaid program pursuant to rules adopted under section 5111.02 | 44085 |
| of the Revised Code. | 44086 |
| (B) The director's authority to modify the manner, or to | 44087 |
| establish a new manner, for medicaid to pay for the services | 44088 |
| specified in division (A) of this section is not limited by any | 44089 |
| rules adopted under section 5111.02 or 5119.61 of the Revised Code | 44090 |
| that are in effect on | 44091 |
| 2003, and govern the way medicaid pays for those services. This is | 44092 |
| the case regardless of what state agency adopted the rules. | 44093 |
| Sec. 5111.026. The court of common pleas of Franklin county | 44094 |
| shall have exclusive, original jurisdiction over any action or | 44095 |
| proceeding for declaratory or injunctive relief regarding payments | 44096 |
| to providers of goods and services under the Medicaid program that | 44097 |
| are not subject to the provisions of section 5111.06 of the | 44098 |
| Revised Code. | 44099 |
| Sec. 5111.027. If the medicaid program provides prescription | 44100 |
| drug services to medicaid recipients, the program shall not | 44101 |
| provide reimbursement for prescription drugs for treatment of | 44102 |
| erectile dysfunction. | 44103 |
| Sec. 5111.042. The departments of mental retardation and | 44104 |
| developmental disabilities and job and family services may | 44105 |
| approve, reduce, deny, or terminate a service included in the | 44106 |
| individualized service plan developed for a medicaid recipient | 44107 |
| with mental retardation or other developmental disability who is | 44108 |
|
eligible for medicaid case management services. | 44109 |
| 44110 | |
| 44111 | |
| 44112 | |
| department approves, reduces, denies, or terminates a service, | 44113 |
| that department shall timely notify the medicaid recipient that | 44114 |
| the recipient may request a hearing under section 5101.35 of the | 44115 |
| Revised Code. | 44116 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 44117 |
| 5111.061 and 5111.062 of the Revised Code: | 44118 |
| (a) "Provider" means any person, institution, or entity that | 44119 |
| furnishes medicaid services under a provider agreement with the | 44120 |
| department of job and family services pursuant to Title XIX of the | 44121 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 44122 |
| amended. | 44123 |
| (b) "Party" has the same meaning as in division (G) of | 44124 |
| section 119.01 of the Revised Code. | 44125 |
| (c) "Adjudication" has the same meaning as in division (D) of | 44126 |
| section 119.01 of the Revised Code. | 44127 |
| (2) This section does not apply to any action taken by the | 44128 |
| department of job and family services under sections 5111.35 to | 44129 |
| 5111.62 of the Revised Code. | 44130 |
| (B) Except as provided in division (D) of this section and | 44131 |
| section 5111.914 of the Revised Code, the department shall do | 44132 |
| either of the following by issuing an order pursuant to an | 44133 |
| adjudication conducted in accordance with Chapter 119. of the | 44134 |
| Revised Code: | 44135 |
| (1) Enter into or refuse to enter into a provider agreement | 44136 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 44137 |
| an existing provider agreement with a provider; | 44138 |
| (2) Take any action based upon a final fiscal audit of a | 44139 |
| provider. | 44140 |
| (C) Any party who is adversely affected by the issuance of an | 44141 |
| adjudication order under division (B) of this section may appeal | 44142 |
| to the court of common pleas of Franklin county in accordance with | 44143 |
| section 119.12 of the Revised Code. | 44144 |
| (D) The department is not required to comply with division | 44145 |
| (B)(1) of this section whenever any of the following occur: | 44146 |
| (1) The terms of a provider agreement require the provider to | 44147 |
| have a license, permit, or certificate issued by an official, | 44148 |
| board, commission, department, division, bureau, or other agency | 44149 |
| of state government other than the department of job and family | 44150 |
| services, and the license, permit, or certificate has been denied | 44151 |
| or revoked. | 44152 |
| (2) The provider agreement is denied, terminated, or not | 44153 |
| renewed pursuant to division (C) or (E) of section 5111.03 of the | 44154 |
| Revised Code; | 44155 |
| (3) The provider agreement is denied, terminated, or not | 44156 |
| renewed due to the provider's termination, suspension, or | 44157 |
| exclusion from the medicare program established under Title XVIII | 44158 |
| of the "Social Security Act," and the termination, suspension, or | 44159 |
| exclusion is binding on the provider's participation in the | 44160 |
| medicaid program; | 44161 |
| (4) The provider agreement is denied, terminated, or not | 44162 |
| renewed due to the provider's pleading guilty to or being | 44163 |
| convicted of a criminal activity materially related to either the | 44164 |
| medicare or medicaid program; | 44165 |
| (5) The provider agreement is denied, terminated, or | 44166 |
| suspended as a result of action by the United States department of | 44167 |
| health and human services and that action is binding on the | 44168 |
| provider's participation in the medicaid program; | 44169 |
| (6) The provider agreement is terminated or not renewed | 44170 |
| because the provider has not billed or otherwise submitted a | 44171 |
| medicaid claim to the department for two years or longer, and the | 44172 |
| department has determined that the provider has moved from the | 44173 |
| address on record with the department without leaving an active | 44174 |
| forwarding address with the department. | 44175 |
| In the case of a provider described in division (D)(6) of | 44176 |
| this section, the department may terminate or not renew the | 44177 |
| provider agreement by sending a notice explaining the department's | 44178 |
| proposed action to the address on record with the department. The | 44179 |
| notice may be sent by regular mail. | 44180 |
| (E) The department may withhold payments for services | 44181 |
| rendered by a medicaid provider under the medical assistance | 44182 |
| program during the pendency of proceedings initiated under | 44183 |
| division (B)(1) of this section. If the proceedings are initiated | 44184 |
| under division (B)(2) of this section, the department may withhold | 44185 |
| payments only to the extent that they equal amounts determined in | 44186 |
| a final fiscal audit as being due the state. This division does | 44187 |
| not apply if the department fails to comply with section 119.07 of | 44188 |
| the Revised Code, requests a continuance of the hearing, or does | 44189 |
| not issue a decision within thirty days after the hearing is | 44190 |
| completed. This division does not apply to nursing facilities and | 44191 |
| intermediate care facilities for the mentally retarded as defined | 44192 |
| in section 5111.20 of the Revised Code. | 44193 |
| Sec. 5111.061. (A) The department of job and family services | 44194 |
| may recover, at any time, a medicaid payment or portion of a | 44195 |
| payment made to a provider to which the provider is not entitled. | 44196 |
| Among the overpayments that may be recovered under this section | 44197 |
| are the following: | 44198 |
| (1) Payment for a service, or a day of service, not rendered; | 44199 |
| (2) Payment for a day of service at a full per diem rate that | 44200 |
| should have been paid at a percentage of the full per diem rate; | 44201 |
| (3) Payment of a service, or day of service, that was paid | 44202 |
| by, or partially paid by, a third-party payer, as defined in | 44203 |
| section 3901.38 of the Revised Code, and the payment or partial | 44204 |
| payment was not offset against the amount paid by the medicaid | 44205 |
| program to reduce or eliminate the amount that was paid by the | 44206 |
| medicaid program; | 44207 |
| (4) Payment when a medicaid recipient's responsibility for | 44208 |
| payment was understated and resulted in an overpayment to the | 44209 |
| provider. | 44210 |
| (B) The department is authorized to recover overpayments | 44211 |
| under this section prior to or after any of the following: | 44212 |
| (1) Adjudication of a final fiscal audit that section 5111.06 | 44213 |
| of the Revised Code requires to be conducted in accordance with | 44214 |
| Chapter 119. of the Revised Code; | 44215 |
| (2) Adjudication of a finding under any other provision of | 44216 |
| this chapter or the rules adopted under it; | 44217 |
| (3) Expiration of the time to issue a final fiscal audit that | 44218 |
| section 5111.06 of the Revised Code requires to be conducted in | 44219 |
| accordance with Chapter 119. of the Revised Code; | 44220 |
| (4) Expiration of the time to issue a finding under any other | 44221 |
| provision of this chapter or the rules adopted under it. | 44222 |
| (C)(1) Subject to division (C)(2) of this section, the | 44223 |
| recovery of an overpayment under this section does not preclude | 44224 |
| the department from subsequently doing the following: | 44225 |
| (a) Issuing a final fiscal audit in accordance with Chapter | 44226 |
| 119. of the Revised Code, as required under section 5111.06 of the | 44227 |
| Revised Code; | 44228 |
| (b) Issuing a finding under any other provision of this | 44229 |
| chapter or the rules adopted under it. | 44230 |
| (2) A final fiscal audit or finding issued subsequent to the | 44231 |
| recovery of an overpayment under this section shall be reduced by | 44232 |
| the amount of the prior recovery, as appropriate. | 44233 |
| (D) Nothing in this section limits the department's authority | 44234 |
| to recover overpayments pursuant to any other provision of the | 44235 |
| Revised Code. | 44236 |
| Sec. 5111.062. In any action taken by the department of job | 44237 |
| and family services under section 5111.06 or 5111.061 of the | 44238 |
| Revised Code or any other provision of this chapter that requires | 44239 |
| the department to give notice of an opportunity for a hearing in | 44240 |
| accordance with Chapter 119. of the Revised Code, if the | 44241 |
| department gives notice of the opportunity for a hearing but the | 44242 |
| provider or other entity subject to the notice does not request a | 44243 |
| hearing or timely request a hearing in accordance with section | 44244 |
| 119.07 of the Revised Code, the department is not required to hold | 44245 |
| a hearing. The director of job and family service may proceed by | 44246 |
| issuing a final adjudication order in accordance with Chapter 119. | 44247 |
| of the Revised Code. | 44248 |
| Sec. 5111.072. (A) As used in this section: | 44249 |
| (1) "Institutionalized medicaid recipient" means a recipient | 44250 |
| of assistance under this chapter who resides in a nursing facility | 44251 |
| or intermediate care facility for the mentally retarded. | 44252 |
| (2) "Intermediate care facility for the mentally retarded" | 44253 |
| and "nursing facility" have the same meanings as in section | 44254 |
| 5111.20 of the Revised Code. | 44255 |
| (3) "Long-term care pharmacy management incentive payment | 44256 |
| program" means the medicaid program component administered by the | 44257 |
| department of job and family services from July 1, 2002, to June | 44258 |
| 30, 2004, under rule 5101:3-9-08 of the Administrative Code. | 44259 |
| (B) To the extent permitted by federal law, the department of | 44260 |
| job and family services shall provide for the resumed operation of | 44261 |
| the long-term care pharmacy management incentive payment program | 44262 |
| on and after July 1, 2005. In administering the program, the | 44263 |
| department is subject to all of the following: | 44264 |
| (1) As necessary to operate the program in the manner | 44265 |
| specified by this section, the department shall apply to the | 44266 |
| United States secretary of health and human services for waivers | 44267 |
| of federal medicaid requirements that would otherwise be violated | 44268 |
| in the administration of the program. | 44269 |
| (2) The department shall require a pharmacy to participate in | 44270 |
| the program as a condition of being reimbursed under this chapter | 44271 |
| for providing pharmacy services to institutionalized medicaid | 44272 |
| recipients. If a pharmacy provides pharmacy services to other | 44273 |
| medicaid recipients, that portion of the pharmacy's business shall | 44274 |
| be excluded from the program. | 44275 |
| (3) The department shall distribute the program's management | 44276 |
| incentive payments to qualified pharmacies on a quarterly basis | 44277 |
| during each state fiscal year. | 44278 |
| (4) The department may contract with a pharmacy benefits | 44279 |
| manager or any other entity to perform all or part of the | 44280 |
| department's duties regarding the program, other than the duties | 44281 |
| specified in division (B)(1) of this section. | 44282 |
| (5) The department may adopt any rules it considers necessary | 44283 |
| to implement and administer the program. The rules shall be | 44284 |
| adopted in accordance with Chapter 119. of the Revised Code. | 44285 |
| Sec. 5111.082. The director of job and family services, in | 44286 |
| rules adopted under section 5111.02 of the Revised Code, may | 44287 |
| establish and implement a supplemental drug rebate program under | 44288 |
| which drug manufacturers may be required to provide the department | 44289 |
| of job and family services a supplemental rebate as a condition of | 44290 |
| having the drug manufacturers' drug products covered by the | 44291 |
| medicaid program without prior approval. If necessary, the | 44292 |
| director may apply to the United States secretary of health and | 44293 |
| human services for a waiver of federal statutes and regulations to | 44294 |
| establish the supplemental drug rebate program. | 44295 |
| If the director establishes a supplemental drug rebate | 44296 |
| program, the director shall consult with drug manufacturers | 44297 |
| regarding the establishment and implementation of the program. | 44298 |
| | 44299 |
| 44300 | |
| 44301 | |
| 44302 | |
| 44303 |
| | 44304 |
| 44305 | |
| 44306 |
| | 44307 |
| 44308 |
| Sec. 5111.083. (A) As used in this section: | 44309 |
| (1) "Control number" means the number assigned to a | 44310 |
| prescription drug by the drug's manufacturer. | 44311 |
| (2) "Maximum allowable cost" means the price established for | 44312 |
| a prescription drug pursuant to the federal upper limit drug | 44313 |
| listing published by the United States department of health and | 44314 |
| human services in part six, addendum A of the "State Medicaid | 44315 |
| Manual." | 44316 |
| (B) The director of job and family services shall establish a | 44317 |
| program to do both of the following on a daily basis: | 44318 |
| (1) Update the maximum allowable cost for each generic | 44319 |
| prescription drug available under the medicaid program; | 44320 |
| (2) Update the control number for each generic prescription | 44321 |
| drug available under the medicaid program. | 44322 |
| (C) The director may adopt rules in accordance with Chapter | 44323 |
| 119. of the Revised Code to implement this section. | 44324 |
| Sec. 5111.10. The director of job and family services may | 44325 |
| conduct reviews of the medicaid program. The reviews may include | 44326 |
| physical inspections of records and sites where medicaid-funded | 44327 |
| services are provided and interviews of providers and recipients | 44328 |
| of the services. If the director determines pursuant to a review | 44329 |
| that a person or government entity has violated a rule governing | 44330 |
| the medicaid program, the director may establish a corrective | 44331 |
| action plan for the violator and impose fiscal, administrative, or | 44332 |
| both types of sanctions on the violator in accordance with rules | 44333 |
| governing the medicaid program. Such action to be taken against a | 44334 |
| responsible entity, as defined in section 5101.24 of the Revised | 44335 |
| Code, shall be taken in accordance with that section. | 44336 |
| Sec. 5111.11. (A) As used in this section | 44337 |
| 44338 |
| (1) "Estate" includes both of the following: | 44339 |
| (a) All real and personal property and other assets to be | 44340 |
| administered under Title XXI of the Revised Code and property that | 44341 |
| would be administered under that title if not for section 2113.03 | 44342 |
| or 2113.031 of the Revised Code; | 44343 |
| (b) Any other real and personal property and other assets in | 44344 |
| which an individual had any legal title or interest at the time of | 44345 |
| death (to the extent of the interest), including assets conveyed | 44346 |
| to a survivor, heir, or assign of the individual through joint | 44347 |
| tenancy, tenancy in common, survivorship, life estate, living | 44348 |
| trust, or other arrangement. | 44349 |
| (2) "Institution" means a nursing facility, intermediate care | 44350 |
| facility for the mentally retarded, or a medical institution. | 44351 |
| (3) "Institutionalized individual" means an individual to | 44352 |
| whom all of the following apply: | 44353 |
| (a) Is an inpatient in an institution; | 44354 |
| (b) Is required, as a condition of the medicaid program | 44355 |
| paying for the individual's services in the institution, to spend | 44356 |
| for costs of medical or nursing care all of the individual's | 44357 |
| income except for an amount for personal needs specified by the | 44358 |
| department of job and family services; | 44359 |
| (c) Cannot reasonably be expected to be discharged from the | 44360 |
| institution and return home. | 44361 |
| (4) "Intermediate care facility for the mentally retarded" | 44362 |
| and "nursing facility" have the same meanings as in section | 44363 |
| 5111.20 of the Revised Code. | 44364 |
| (5) "Time of death" shall not be construed to mean a time | 44365 |
| after which a legal title or interest in real or personal property | 44366 |
| or other asset may pass by survivorship or other operation of law | 44367 |
| due to the death of the decedent or terminate by reason of the | 44368 |
| decedent's death. | 44369 |
| (B) | 44370 |
| 44371 | |
| 44372 | |
| services shall
institute
an estate recovery program | 44373 |
| 44374 | |
| 44375 | |
| 44376 | |
| 44377 | |
| 44378 | |
| 44379 | |
| 44380 | |
| 44381 |
| | 44382 |
| 44383 | |
| 44384 | |
| 44385 | |
| 44386 | |
| 44387 | |
| 44388 | |
| 44389 | |
| 44390 | |
| 44391 | |
| 44392 |
| | 44393 |
| divisions (C) and (D) of this section, do both of the following: | 44394 |
| (1) For the costs of services the medicaid program correctly | 44395 |
| pays on behalf of an institutionalized individual of any age, seek | 44396 |
| adjustment or recovery from the individual's estate or on the sale | 44397 |
| of property of the individual or spouse that is subject to a lien | 44398 |
| imposed under section 5111.111 of the Revised Code; | 44399 |
| (2) For the costs of services the medicaid program correctly | 44400 |
| pays on behalf of an individual fifty-five years of age or older | 44401 |
| who is not an institutionalized individual, seek adjustment or | 44402 |
| recovery from the individual's estate. | 44403 |
| (C)(1) No adjustment or recovery may be made under division | 44404 |
| (B)(1) of this section from an institutionalized individual's | 44405 |
| estate or on the sale of property of an institutionalized | 44406 |
| individual that is subject to a lien imposed under section | 44407 |
| 5111.111 of the Revised Code or under division (B)(2) of this | 44408 |
| section from an individual's estate while either of the following | 44409 |
| are alive: | 44410 |
| (a) The spouse of the institutionalized individual or | 44411 |
| individual; | 44412 |
| (b) The son or daughter of an institutionalized individual or | 44413 |
| individual if the son or daughter is under age twenty-one or, | 44414 |
| under 42 U.S.C. 1382c, is considered blind or disabled. | 44415 |
| (2) No adjustment or recovery may be made under division | 44416 |
| (B)(1) of this section from an institutionalized individual's home | 44417 |
| that is subject to a lien imposed under section 5111.111 of the | 44418 |
| Revised Code while either of the following lawfully reside in the | 44419 |
| home: | 44420 |
| (a) The institutionalized individual's sibling who resided in | 44421 |
| the home for at least one year immediately before the date of the | 44422 |
| institutionalized individual's admission to the institution and on | 44423 |
| a continuous basis since that time; | 44424 |
| (b) The institutionalized individual's son or daughter who | 44425 |
| provided care to the institutionalized individual that delayed the | 44426 |
| institutionalized individual's institutionalization and resided in | 44427 |
| the home for at least two years immediately before the date of the | 44428 |
| institutionalized individual's admission to the institution and on | 44429 |
| a continuous basis since that time. | 44430 |
|
(D) The department | 44431 |
| recovery | 44432 |
| by this section if the director of job and family services | 44433 |
| determines, on the basis of criteria established by the United | 44434 |
| States secretary of health and human services under 42 U.S.C. | 44435 |
| 1396p (b)(3), as amended, that adjustment or recovery would work | 44436 |
| an undue hardship. The director, in accordance with Chapter 119. | 44437 |
| of the Revised Code, shall adopt rules establishing procedures for | 44438 |
| waiver of adjustment or recovery due to an undue hardship, which | 44439 |
| shall meet the standards specified by the United States secretary | 44440 |
| of health and human services under 42 U.S.C. 1396p(b)(3), as | 44441 |
| amended. | 44442 |
| | 44443 |
| 44444 | |
| 44445 | |
| 44446 |
| (E) For the purpose of determining whether an individual | 44447 |
| meets the definition of "institutionalized individual" established | 44448 |
| for this section, a rebuttable presumption exists that the | 44449 |
| individual cannot reasonably be expected to be discharged from an | 44450 |
| institution and return home if either of the following is the | 44451 |
| case: | 44452 |
| (1) The individual declares that he or she does not intend to | 44453 |
| return home; | 44454 |
| (2) The individual has been an inpatient in an institution | 44455 |
| for at least six months without a discharge plan. | 44456 |
| Sec. 5111.111. | 44457 |
| 44458 | |
| 44459 | |
| 44460 |
| | 44461 |
| and section 5111.12 of the Revised Code, no lien may be imposed | 44462 |
| against the property of an individual before the individual's | 44463 |
| death on account of medicaid paid or to be paid on the | 44464 |
| individual's behalf. | 44465 |
| (B) Except as provided in division (C) of this section, the | 44466 |
| department of job and family services may | 44467 |
|
against
the real property of a | 44468 |
| recipient | 44469 |
| the real property of the recipient's spouse,
| 44470 |
| 44471 | |
| 44472 | |
| 44473 | |
| real property that is jointly held by the recipient and spouse. | 44474 |
| 44475 | |
| 44476 | |
| 44477 | |
| imposed on account of medicaid paid or to be paid on the | 44478 |
| recipient's behalf. | 44479 |
| (C) No lien may be imposed under division (B) of this section | 44480 |
| against the home of a medicaid recipient if any of the following | 44481 |
| lawfully resides in the home: | 44482 |
| (1) The recipient's spouse; | 44483 |
| (2) The recipient's son or daughter who is under twenty-one | 44484 |
| years of age or, under 42 U.S.C. 1382c, considered to be blind or | 44485 |
| disabled; | 44486 |
| (3) The recipient's sibling who has an equity interest in the | 44487 |
| home and resided in the home for at least one year immediately | 44488 |
| before the date of the recipient's admission to the institution. | 44489 |
| (D) The director of job and family services or a person | 44490 |
| designated by
the director | 44491 |
| 44492 | |
| section. The county department of job and family services shall | 44493 |
| file for recording and indexing the certificate, or a certified | 44494 |
| copy, in the real estate mortgage records in the office of the | 44495 |
| county recorder in every county in which real property of the | 44496 |
| recipient or spouse is situated. From the time of filing the | 44497 |
| certificate in the office of the county recorder, the lien | 44498 |
| attaches to all real property of the recipient or spouse described | 44499 |
| 44500 | |
| 44501 | |
| be made under section 5111.11 of the Revised Code and, except as | 44502 |
| provided in division (E) of this section, shall remain a lien | 44503 |
| until satisfied. | 44504 |
| Upon filing the certificate in the office of the recorder, | 44505 |
| all persons are charged with notice of the lien and the rights of | 44506 |
| the department of job and family services thereunder. | 44507 |
| The county recorder shall keep a record of every certificate | 44508 |
| filed showing its date, the time of filing, the name and residence | 44509 |
| of the recipient or spouse, and any release, waivers, or | 44510 |
| satisfaction of the lien. | 44511 |
| The priority of the lien shall be established in accordance | 44512 |
| with state and federal law. | 44513 |
| The department may waive the priority of its lien to provide | 44514 |
| for the costs of the last illness as determined by the department, | 44515 |
| administration, attorney fees, administrator fees, a sum for the | 44516 |
| payment of the costs of burial, which shall be computed by | 44517 |
| deducting from five hundred dollars whatever amount is available | 44518 |
| for the same purpose from all other sources, and a similar sum for | 44519 |
| the spouse of the decedent. | 44520 |
| (E) A lien imposed with respect to a medicaid recipient under | 44521 |
| this section shall dissolve on the recipient's discharge from the | 44522 |
| institution and return home. | 44523 |
| Sec. 5111.112. The department of job and family services may | 44524 |
| enter into a contract with any person or government entity under | 44525 |
| which the person or government entity administers the estate | 44526 |
| recovery program instituted under section 5111.11 of the Revised | 44527 |
| Code on behalf of the department or performs any of the functions | 44528 |
| required to carry out the program. The contract may provide for | 44529 |
| the person or government entity to be compensated from the | 44530 |
| property recovered under the program or may provide for another | 44531 |
| manner of compensation agreed to by the person or government | 44532 |
| entity and the department. Regardless of whether it is | 44533 |
| administered by the department or a person or government entity | 44534 |
| under contract with the department, the program shall be | 44535 |
| administered in accordance with applicable requirements of federal | 44536 |
| law and regulations and state law and rules. | 44537 |
| Any action that may be taken by the department under section | 44538 |
| 5111.111 of the Revised Code may be taken by a person or | 44539 |
| government entity administering the program, or performing actions | 44540 |
| specified in that section, pursuant to a contract with the | 44541 |
| department. | 44542 |
| | 44543 |
| (1) "Adult care facility" has the same meaning as in section | 44544 |
| 3722.01 of the Revised Code. | 44545 |
| (2) "Commissioner" means a person appointed by a probate | 44546 |
| court under division (B) of section 2113.03 of the Revised Code to | 44547 |
| act as a commissioner. | 44548 |
| (3) "Home" has the same meaning as in section 3721.10 of the | 44549 |
| Revised Code. | 44550 |
| (4) "Personal needs allowance account" means an account or | 44551 |
| petty cash fund that holds the money of a resident of an adult | 44552 |
| care facility or home and that the facility or home manages for | 44553 |
| the resident. | 44554 |
| (B) Except as provided in divisions (C) and (D) of this | 44555 |
| section, the owner or operator of an adult care facility or home | 44556 |
| shall transfer to the department of job and family services the | 44557 |
| money in the personal needs allowance account of a resident of the | 44558 |
| facility or home who was a recipient of the medical assistance | 44559 |
| program no earlier than sixty days but not later than ninety days | 44560 |
| after the resident dies. The adult care facility or home shall | 44561 |
| transfer the money even though the owner or operator of the | 44562 |
| facility or home has not been issued letters testamentary or | 44563 |
| letters of administration concerning the resident's estate. | 44564 |
| (C) If funeral or burial expenses for a resident of an adult | 44565 |
| care facility or home who has died have not been paid and the only | 44566 |
| resource the resident had that could be used to pay for the | 44567 |
| expenses is the money in the resident's personal needs allowance | 44568 |
| account, or all other resources of the resident are inadequate to | 44569 |
| pay the full cost of the expenses, the money in the resident's | 44570 |
| personal needs allowance account shall be used to pay for the | 44571 |
| expenses rather than being transferred to the department of job | 44572 |
| and family services pursuant to division (B) of this section. | 44573 |
| (D) If, not later than sixty days after a resident of an | 44574 |
| adult care facility or home dies, letters testamentary or letters | 44575 |
| of administration are issued, or an application for release from | 44576 |
| administration is filed under section 2113.03 of the Revised Code, | 44577 |
| concerning the resident's estate, the owner or operator of the | 44578 |
| facility or home shall transfer the money in the resident's | 44579 |
| personal needs allowance account to the administrator, executor, | 44580 |
| commissioner, or person who filed the application for release from | 44581 |
| administration. | 44582 |
| (E) The transfer or use of money in a resident's personal | 44583 |
| needs allowance account in accordance with division (B), (C), or | 44584 |
| (D) of this section discharges and releases the adult care | 44585 |
| facility or home, and the owner or operator of the facility or | 44586 |
| home, from any claim for the money from any source. | 44587 |
| (F) If, sixty-one or more days after a resident of an adult | 44588 |
| care facility or home dies, letters testamentary or letters of | 44589 |
| administration are issued, or an application for release from | 44590 |
| administration under section 2113.03 of the Revised Code is filed, | 44591 |
| concerning the resident's estate, the department of job and family | 44592 |
| services shall transfer the funds to the administrator, executor, | 44593 |
| commissioner, or person who filed the application, unless the | 44594 |
| department is entitled to recover the money under the estate | 44595 |
| recovery program instituted under section 5111.11 of the Revised | 44596 |
| Code. | 44597 |
| | 44598 |
|
facility" and "intermediate care facility for the | 44599 |
| retarded" have the same meanings as in section 5111.20 of the | 44600 |
| Revised Code. | 44601 |
| In determining the amount of income that a recipient of | 44602 |
| medical assistance must apply monthly toward payment of the cost | 44603 |
| of care in a nursing facility or intermediate care facility for | 44604 |
| the mentally retarded, the county department of job and family | 44605 |
| services shall deduct from the recipient's monthly income a | 44606 |
| monthly personal needs allowance in accordance with section 1902 | 44607 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 44608 |
| 1396a, as amended. | 44609 |
| For a resident of a nursing facility, the monthly personal | 44610 |
| needs allowance shall be not less than forty dollars for an | 44611 |
| individual resident and not less than eighty dollars for a married | 44612 |
| couple if both spouses are residents of a nursing facility. | 44613 |
| For a resident of an intermediate care facility for the | 44614 |
| mentally retarded, the monthly personal needs allowance shall be | 44615 |
| forty dollars unless the resident has earned income, in which case | 44616 |
| the monthly personal needs allowance shall be determined by the | 44617 |
| state department of job and family services but shall not exceed | 44618 |
| one hundred five dollars. | 44619 |
| Sec. 5111.16. (A) As part of the medicaid program, the | 44620 |
| department of job and family services shall establish a care | 44621 |
| management system. The department shall submit, if necessary, | 44622 |
| applications to the United States department of health and human | 44623 |
| services for waivers of federal medicaid requirements that would | 44624 |
| otherwise be violated in the implementation of the system. | 44625 |
| (B) The department shall implement the care management system | 44626 |
| in some or all counties and shall designate the medicaid | 44627 |
| recipients who are required or permitted to participate in the | 44628 |
| system. In implementing the care management system and designating | 44629 |
| participants, all of the following apply: | 44630 |
| (1) The department may designate one or more counties as a | 44631 |
| mandatory managed care enrollment service area where medicaid | 44632 |
| recipients designated by the department are required to enroll in | 44633 |
| and obtain health care services through a managed care | 44634 |
| organization under contract with the department pursuant to | 44635 |
| section 5111.17 of the Revised Code. | 44636 |
| (2) Beginning July 1, 2006, the department shall designate | 44637 |
| for participation in the care management system all persons who | 44638 |
| receive medicaid on the basis of being aged, blind, or disabled, | 44639 |
| as specified in division (A)(2) of section 5111.01 of the Revised | 44640 |
| Code, except that the department shall not include the following: | 44641 |
| (a) Persons who are under twenty-one years of age, other than | 44642 |
| chronically ill children who are included as participants for | 44643 |
| purposes of the pilot program established under section 5111.161 | 44644 |
| of the Revised Code; | 44645 |
| (b) Persons who are institutionalized; | 44646 |
| (c) Persons who become eligible for medicaid by spending down | 44647 |
| their income to a level that meets the program's financial | 44648 |
| eligibility requirements; | 44649 |
| (d) Persons who are dually eligible under the medicaid | 44650 |
| program and the medicare program established under Title XVIII of | 44651 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as | 44652 |
| amended; | 44653 |
| (e) Persons to the extent that they are receiving medicaid | 44654 |
| services through a medicaid waiver component, as defined in | 44655 |
| section 5111.85 of the Revised Code. | 44656 |
| (3) In the case of medicaid recipients required under | 44657 |
| division (B)(2) of this section to be designated as participants | 44658 |
| in the care management system, the system shall be implemented in | 44659 |
| all counties and the participants shall be required to enroll in | 44660 |
| health insuring corporations under contract with the department | 44661 |
| pursuant to section 5111.17 of the Revised Code. | 44662 |
| (4) Alcohol, drug addiction, and mental health services | 44663 |
| covered by medicaid pursuant to the option under federal law of | 44664 |
| covering rehabilitative services shall not be included in any | 44665 |
| component of the care management system, but recipients of the | 44666 |
| services may be designated as participants in the system for | 44667 |
| purposes of obtaining other services covered by medicaid. | 44668 |
| | 44669 |
| (B)(3) and (4) of this section, the department may do both of the | 44670 |
| following under the care management system: | 44671 |
| (1) Require or permit participants in the system to obtain | 44672 |
| health care services from providers designated by the department; | 44673 |
| (2) | 44674 |
| obtain health care services through managed care organizations | 44675 |
| under contract with the department pursuant to section 5111.17 of | 44676 |
| the Revised Code. | 44677 |
| | 44678 |
| rules in accordance with Chapter 119. of the Revised Code to | 44679 |
| implement this section. | 44680 |
| Sec. 5111.161. (A) As used in this section, "chronically ill | 44681 |
| child" means an individual who is not more than twenty-one years | 44682 |
| of age and meets the conditions specified in division (A)(2) of | 44683 |
| section 5111.01 of the Revised Code to be eligible for medicaid on | 44684 |
| the basis of being blind or disabled. | 44685 |
| (B) The department of job and family services shall develop a | 44686 |
| pilot program under which chronically ill children are included | 44687 |
| among the medicaid recipients who are required to participate in | 44688 |
| the care management system established under section 5111.16 of | 44689 |
| the Revised Code. The pilot program shall be implemented not later | 44690 |
| than October 1, 2006, or, if by that date the department has not | 44691 |
| received any necessary federal approval to implement the program, | 44692 |
| as soon as practicable after receiving the approval. The | 44693 |
| department shall operate the program until October 1, 2008, except | 44694 |
| that the department shall cease operation of the program before | 44695 |
| that date if either of the following is the case: | 44696 |
| (1) The department determines that requiring chronically ill | 44697 |
| children to participate in the care management system is not a | 44698 |
| cost-effective means of providing medicaid services; | 44699 |
| (2) The combined state and federal cost of the children's | 44700 |
| care coordination described in division (D) of this section | 44701 |
| reaches three million dollars. | 44702 |
| (C) The department shall ensure that the pilot program is | 44703 |
| operated in at least three counties selected by the department. In | 44704 |
| its consideration of the counties to be selected, the department | 44705 |
| may give priority to Hamilton county and Muskingum county. The | 44706 |
| department may extend its operation of the program into the areas | 44707 |
| surrounding the counties in which the program is operated. | 44708 |
| (D) The purpose of the pilot program shall be to determine | 44709 |
| whether occurrences of acute illnesses and hospitalizations among | 44710 |
| chronically ill children can be prevented or reduced by | 44711 |
| establishing a medical home for the children where care is | 44712 |
| administered proactively and in a manner that is accessible, | 44713 |
| continuous, family-centered, coordinated, and compassionate. In | 44714 |
| establishing a medical home for a chronically ill child, all of | 44715 |
| the following apply: | 44716 |
| (1) A physician shall serve as the care coordinator for the | 44717 |
| child. The care coordinator may be engaged in practice as a | 44718 |
| pediatrician certified in pediatrics by a medical specialty board | 44719 |
| of the American medical association or American osteopathic | 44720 |
| association, a pediatric subspecialist, or a provider for the | 44721 |
| program for medically handicapped children in the department of | 44722 |
| health. If the physician is in a group practice, any member of the | 44723 |
| group practice may serve as the child's care coordinator. The | 44724 |
| duties of the care coordinator may be performed by a person acting | 44725 |
| under the supervision of the care coordinator. | 44726 |
| (2) The child may receive care from any health care | 44727 |
| practitioner appropriate to the child's needs, but the care | 44728 |
| coordinator shall direct and oversee the child's overall care. | 44729 |
| (3) The care coordinator shall establish a relationship of | 44730 |
| mutual responsibility with the child's parents or other persons | 44731 |
| who are responsible for the child. Under this relationship, the | 44732 |
| care coordinator shall commit to developing a long-term disease | 44733 |
| prevention strategy and providing disease management and education | 44734 |
| services, while the child's parents or other persons who are | 44735 |
| responsible for the child shall commit to participating fully in | 44736 |
| implementing the child's care management plan. | 44737 |
| (4) The medicaid program shall provide reimbursement for the | 44738 |
| reasonable and necessary costs of the services associated with | 44739 |
| care coordination, including, but not limited to, case management, | 44740 |
| care plan oversight, preventive care, health and behavioral care | 44741 |
| assessment and intervention, and any service modifier that | 44742 |
| reflects the provision of prolonged services or additional care. | 44743 |
| (E) The department shall conduct an evaluation of the pilot | 44744 |
| program's effectiveness. As part of the evaluation, the department | 44745 |
| shall maintain statistics on physician expenditures, hospital | 44746 |
| expenditures, preventable hospitalizations, and other matters the | 44747 |
| department considers necessary to conduct the evaluation. | 44748 |
| (F) The department shall adopt rules in accordance with | 44749 |
| Chapter 119. of the Revised Code as necessary to implement this | 44750 |
| section. The rules shall specify standards and procedures to be | 44751 |
| used in designating the chronically ill children who are required | 44752 |
| to participate in the pilot program. | 44753 |
| Sec. 5111.176. (A) As used in this section: | 44754 |
| (1) "Mandatory managed care enrollment service area" means | 44755 |
| the county or counties included in an area designated under | 44756 |
| division (B)(1) of section 5111.16 of the Revised Code as an area | 44757 |
| where medicaid recipients are required to enroll in and obtain | 44758 |
| health care services through a managed care organization. | 44759 |
| (2) "Mandatory managed care medicaid recipient" means a | 44760 |
| medicaid recipient designated under division (B)(1) of section | 44761 |
| 5111.16 of the Revised Code as a medicaid recipient required to | 44762 |
| enroll in and obtain health care services through a managed care | 44763 |
| organization in a mandatory managed care enrollment service area. | 44764 |
| (3) "Noncontracting hospital" means a hospital to which all | 44765 |
| of the following apply: | 44766 |
| (a) The hospital participates in the medicaid program; | 44767 |
| (b) The hospital is located in a mandatory managed care | 44768 |
| enrollment service area; | 44769 |
| (c) The hospital has not entered into a contract with a | 44770 |
| managed care organization to provide services to mandatory managed | 44771 |
| care medicaid recipients. | 44772 |
| (B)(1) Subject to division (B)(2) of this section, a managed | 44773 |
| care organization under contract with the department pursuant to | 44774 |
| section 5111.17 of the Revised Code to provide or arrange for the | 44775 |
| provision of health care services to mandatory managed care | 44776 |
| medicaid recipients shall reimburse a noncontracting hospital for | 44777 |
| providing services to the recipients according to a reimbursement | 44778 |
| rate that is the same as the reimbursement rate used by the | 44779 |
| department of job and family services to reimburse the hospital | 44780 |
| for providing services to medicaid recipients who are not enrolled | 44781 |
| in a managed care organization. | 44782 |
| (2) The reimbursement rate established under division (B)(1) | 44783 |
| of this section applies only to services authorized by the managed | 44784 |
| care organization. The establishment of a reimbursement rate under | 44785 |
| that division does not restrict the managed care organization from | 44786 |
| entering into a contract with a hospital under which the hospital | 44787 |
| is reimbursed at a different rate. | 44788 |
| (C) A noncontracting hospital shall do both of the following: | 44789 |
| (1) Provide hospital services to mandatory managed care | 44790 |
| medicaid recipients when the services have been authorized by the | 44791 |
| managed care organization in which the recipients are enrolled; | 44792 |
| (2) Accept the reimbursement provided by the managed care | 44793 |
| organization under division (B) of this section as payment in full | 44794 |
| for services provided in accordance with division (C)(1) of this | 44795 |
| section. | 44796 |
| (D) The director of job and family services may adopt rules | 44797 |
| in accordance with Chapter 119. of the Revised Code to implement | 44798 |
| this section. | 44799 |
| Sec. 5111.177. (A) As used in this section: | 44800 |
| (1) "Medicaid health insuring corporation" means a health | 44801 |
| insuring corporation that holds a certificate of authority under | 44802 |
| Chapter 1751. of the Revised Code and has entered into a contract | 44803 |
| with the department of job and family services pursuant to section | 44804 |
| 5111.17 of the Revised Code. | 44805 |
| (2) "Managed care premium" means any premium payment, | 44806 |
| capitation payment, or other payment a medicaid health insuring | 44807 |
| corporation receives for providing, or arranging for the provision | 44808 |
| of, health care services to its members or enrollees residing in | 44809 |
| this state. | 44810 |
| (B) Except as provided in division (C) of this section, all | 44811 |
| of the following apply: | 44812 |
| (1) Each medicaid health insuring corporation shall pay to | 44813 |
| the department of job and family services a franchise permit fee | 44814 |
| for each calendar quarter occurring between January 1, 2006, and | 44815 |
| June 30, 2007. | 44816 |
| (2) The fee to be paid is an amount that is equal to a | 44817 |
| percentage of the managed care premiums the medicaid health | 44818 |
| insuring corporation received in the quarter to which the fee | 44819 |
| applies, excluding the amount of any managed care premiums the | 44820 |
| corporation returned or refunded to enrollees, members, or premium | 44821 |
| payers during that quarter. | 44822 |
| (3) The percentage to be used in calculating the fee shall be | 44823 |
| four and one-half per cent, unless the department adopts rules | 44824 |
| under division (L) of this section decreasing the percentage below | 44825 |
| four and one-half per cent or increasing the percentage to not | 44826 |
| more than six per cent. | 44827 |
| (C) The department shall reduce the franchise permit fee | 44828 |
| imposed under this section or terminate its collection of the fee | 44829 |
| if the department determines either of the following: | 44830 |
| (1) That the reduction or termination is required to comply | 44831 |
| with federal statutes or regulations; | 44832 |
| (2) That the fee does not qualify as a state share of | 44833 |
| medicaid expenditures eligible for federal financial | 44834 |
| participation. | 44835 |
| (D) The franchise permit fee shall be paid on or before the | 44836 |
| thirtieth day following the end of the calendar quarter to which | 44837 |
| the fee applies. At the time the fee is submitted, the medicaid | 44838 |
| health insuring corporation shall file with the department a | 44839 |
| report on a form prescribed by the department. The corporation | 44840 |
| shall provide on the form all information required by the | 44841 |
| department and shall include with the form any necessary | 44842 |
| supporting documentation. | 44843 |
| (E) The department may audit the records of any medicaid | 44844 |
| health insuring corporation to determine whether the corporation | 44845 |
| is in compliance with this section. The department may audit the | 44846 |
| records that pertain to a particular calendar quarter at any time | 44847 |
| during the five years following the date the franchise permit fee | 44848 |
| payment for that quarter was due. | 44849 |
| (F)(1) A medicaid health insuring corporation that does not | 44850 |
| pay the franchise permit fee in full by the date the payment is | 44851 |
| due is subject to any or all of the following: | 44852 |
| (a) A monetary penalty in the amount of five hundred dollars | 44853 |
| for each day any part of the fee remains unpaid, except that the | 44854 |
| penalty shall not exceed an amount equal to five per cent of the | 44855 |
| total fee that was due for the calendar quarter for which the | 44856 |
| penalty is being imposed; | 44857 |
| (b) Withholdings from future managed care premiums pursuant | 44858 |
| to division (G) of this section; | 44859 |
| (c) Termination of the corporation's medicaid provider | 44860 |
| agreement pursuant to division (H) of this section. | 44861 |
| (2) Penalties imposed under division (F)(1)(a) of this | 44862 |
| section are in addition to and not in lieu of the franchise permit | 44863 |
| fee. | 44864 |
| (G) If a medicaid health insuring corporation fails to pay | 44865 |
| the full amount of its franchise permit fee when due, or the full | 44866 |
| amount of a penalty imposed under division (F)(1)(a) of this | 44867 |
| section, the department may withhold an amount equal to the | 44868 |
| remaining amount due from any future managed care premiums to be | 44869 |
| paid to the corporation under the medicaid program. The department | 44870 |
| may withhold amounts under this division without providing notice | 44871 |
| to the corporation. The amounts may be withheld until the amount | 44872 |
| due has been paid. | 44873 |
| (H) The department may commence actions to terminate a | 44874 |
| medicaid health insuring corporation's medicaid provider | 44875 |
| agreement, and may terminate the agreement subject to division (I) | 44876 |
| of this section, if the corporation does any of the following: | 44877 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 44878 |
| fee promptly; | 44879 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 44880 |
| of this section or fails to pay the penalty promptly; | 44881 |
| (3) Fails to cooperate with an audit conducted under division | 44882 |
| (E) of this section. | 44883 |
| (I) At the request of a medicaid health insuring corporation, | 44884 |
| the department shall grant the corporation a hearing in accordance | 44885 |
| with Chapter 119. of the Revised Code, if either of the following | 44886 |
| is the case: | 44887 |
| (1) The department has determined that the corporation owes | 44888 |
| an additional franchise permit fee or penalty as the result of an | 44889 |
| audit conducted under division (E) of this section. | 44890 |
| (2) The department is proposing to terminate the | 44891 |
| corporation's medicaid provider agreement and the provisions of | 44892 |
| section 5111.06 of the Revised Code requiring an adjudication in | 44893 |
| accordance with Chapter 119. of the Revised Code are applicable. | 44894 |
| (J)(1) At the request of a medicaid corporation, the | 44895 |
| department shall grant the corporation a reconsideration of any | 44896 |
| issue that arises out of the provisions of this section and is not | 44897 |
| subject to division (I) of this section. The department's decision | 44898 |
| at the conclusion of the reconsideration is not subject to appeal | 44899 |
| under Chapter 119. of the Revised Code or any other provision of | 44900 |
| the Revised Code. | 44901 |
| (2) In conducting a reconsideration, the department shall do | 44902 |
| at least the following: | 44903 |
| (a) Specify the time frames within which a corporation must | 44904 |
| act in order to exercise its opportunity for a reconsideration; | 44905 |
| (b) Permit the corporation to present written arguments or | 44906 |
| other materials that support the corporation's position. | 44907 |
| (K) There is hereby created in the state treasury the managed | 44908 |
| care assessment fund. Money collected from the franchise permit | 44909 |
| fees and penalties imposed under this section shall be credited to | 44910 |
| the fund. The department shall use the money in the fund to pay | 44911 |
| for medicaid services, the department's administrative costs, and | 44912 |
| contracts with medicaid health insuring corporations. | 44913 |
| (L) The director of job and family services may adopt rules | 44914 |
| to implement and administer this section. The rules shall be | 44915 |
| adopted in accordance with Chapter 119. of the Revised Code. | 44916 |
| Sec. 5111.19. The director of job and family services shall | 44917 |
| adopt rules governing the calculation and payment of graduate | 44918 |
| medical education costs associated with services rendered to | 44919 |
| medicaid recipients
| 44920 |
| 30, 1994. | 44921 |
| rules shall provide for reimbursement of graduate medical | 44922 |
| education
costs associated with services rendered to | 44923 |
| 44924 | |
| 44925 | |
| contract with the department under section 5111.17 of the Revised | 44926 |
| Code, that the department determines are allowable and reasonable. | 44927 |
| If the department requires a | 44928 |
| managed care organization to pay a provider for graduate medical | 44929 |
| education costs associated with the delivery of services to | 44930 |
| 44931 | |
| organization, the department shall include in its payment to the | 44932 |
| 44933 | |
| organization to pay such costs. If the department does not include | 44934 |
| in its payments to the
| 44935 |
| organization amounts for graduate medical education costs of | 44936 |
| providers, all of the following apply: | 44937 |
| (A) | 44938 |
| Code, the department shall pay the provider for graduate medical | 44939 |
| education costs associated with the delivery of services to | 44940 |
| 44941 | |
| organization; | 44942 |
| (B) No provider shall seek reimbursement from the
| 44943 |
| organization for such costs; | 44944 |
| (C) The | 44945 |
| providers for such costs. | 44946 |
| Sec. 5111.191. The department of job and family services | 44947 |
| shall not pay a hospital for graduate medical education costs | 44948 |
| associated with the delivery of services to any medicaid recipient | 44949 |
| if the hospital refuses without good cause to contract with a | 44950 |
| managed care organization that contracts with the department under | 44951 |
| section 5111.17 of the Revised Code to provide, or arrange for the | 44952 |
| provision of, health care services to medicaid recipients residing | 44953 |
| in the county, or a mandatory managed care enrollment service area | 44954 |
| designated by the department under section 5111.16 of the Revised | 44955 |
| Code, in which the hospital is located. The director of job and | 44956 |
| family services shall specify in the rules adopted under section | 44957 |
| 5111.19 of the Revised Code what constitutes good cause for a | 44958 |
| hospital to refuse to contract with a managed care organization. | 44959 |
| Sec. 5111.20. As used in sections 5111.20 to | 44960 |
| of the Revised Code: | 44961 |
| (A) "Allowable costs" are those costs determined by the | 44962 |
| department of job and family services to be reasonable and do not | 44963 |
| include fines paid under sections 5111.35 to 5111.61 and section | 44964 |
| 5111.99 of the Revised Code. | 44965 |
| (B) "Ancillary and support costs" means all reasonable costs | 44966 |
| incurred by a nursing facility other than direct care costs or | 44967 |
| capital costs. "Ancillary and support costs" includes, but is not | 44968 |
| limited to, costs of activities, social services, pharmacy | 44969 |
| consultants, medical and habilitation records, program supplies, | 44970 |
| incontinence supplies, food, enterals, dietary supplies and | 44971 |
| personnel, laundry, housekeeping, security, administration, | 44972 |
| medical equipment, utilities, liability insurance, bookkeeping, | 44973 |
| purchasing department, human resources, communications, travel, | 44974 |
| dues, license fees, subscriptions, home office costs not otherwise | 44975 |
| allocated, legal services, accounting services, minor equipment, | 44976 |
| maintenance and repairs, help-wanted advertising, informational | 44977 |
| advertising, start-up costs, organizational expenses, other | 44978 |
| interest, property insurance, employee training and staff | 44979 |
| development, employee benefits, payroll taxes, and workers' | 44980 |
| compensation premiums or costs for self-insurance claims and | 44981 |
| related costs as specified in rules adopted by the director of job | 44982 |
| and family services under section 5111.02 of the Revised Code, for | 44983 |
| personnel listed in this division. "Ancillary and support costs" | 44984 |
| also means the cost of equipment, including vehicles, acquired by | 44985 |
| operating lease executed before December 1, 1992, if the costs are | 44986 |
| reported as administrative and general costs on the facility's | 44987 |
| cost report for the cost reporting period ending December 31, | 44988 |
| 1992. | 44989 |
| (C) "Capital costs" means costs of ownership and, in the case | 44990 |
| of an intermediate care facility for the mentally retarded, costs | 44991 |
| of nonextensive renovation. | 44992 |
| (1) "Cost of ownership" means the actual expense incurred for | 44993 |
| all of the following: | 44994 |
| (a) Depreciation and interest on any capital assets that cost | 44995 |
| five hundred dollars or more per item, including the following: | 44996 |
| (i) Buildings; | 44997 |
| (ii) Building improvements that are not approved as | 44998 |
|
nonextensive renovations under section | 44999 |
| Revised Code; | 45000 |
| (iii) | 45001 |
| section, equipment; | 45002 |
| (iv) | 45003 |
| for the mentally retarded, extensive renovations; | 45004 |
| (v) Transportation equipment. | 45005 |
| (b) Amortization and interest on land improvements and | 45006 |
| leasehold improvements; | 45007 |
| (c) Amortization of financing costs; | 45008 |
| (d) Except as provided in division | 45009 |
| lease and rent of land, building, and equipment. | 45010 |
| The costs of capital assets of less than five hundred dollars | 45011 |
|
per item may be
considered capital costs | 45012 |
| accordance with a provider's practice. | 45013 |
| (2) "Costs of nonextensive renovation" means the actual | 45014 |
| expense incurred by an intermediate care facility for the mentally | 45015 |
| retarded for depreciation or amortization and interest on | 45016 |
| renovations that are not extensive renovations. | 45017 |
| | 45018 |
| construed in accordance with generally accepted accounting | 45019 |
| principles. | 45020 |
| | 45021 |
|
section | 45022 |
| direct-care resources needed to provide care and habilitation to a | 45023 |
| resident of a nursing facility or intermediate care facility for | 45024 |
| the mentally retarded. | 45025 |
| | 45026 |
| licensed as a nursing home under Chapter 3721. of the Revised | 45027 |
| Code, means the date specific beds were originally licensed as | 45028 |
| nursing home beds under that chapter, regardless of whether they | 45029 |
| were subsequently licensed as residential facility beds under | 45030 |
| section 5123.19 of the Revised Code. For a facility originally | 45031 |
| licensed as a residential facility under section 5123.19 of the | 45032 |
| Revised Code, "date of licensure" means the date specific beds | 45033 |
| were originally licensed as residential facility beds under that | 45034 |
| section. | 45035 |
| (1) If nursing home beds licensed under Chapter 3721. of the | 45036 |
| Revised Code or residential facility beds licensed under section | 45037 |
| 5123.19 of the Revised Code were not required by law to be | 45038 |
| licensed when they were originally used to provide nursing home or | 45039 |
| residential facility services, "date of licensure" means the date | 45040 |
| the beds first were used to provide nursing home or residential | 45041 |
| facility services, regardless of the date the present provider | 45042 |
| obtained licensure. | 45043 |
| (2) If a facility adds nursing home beds or residential | 45044 |
| facility beds or extensively renovates all or part of the facility | 45045 |
| after its original date of licensure, it will have a different | 45046 |
| date of licensure for the additional beds or extensively renovated | 45047 |
| portion of the facility, unless the beds are added in a space that | 45048 |
| was constructed at the same time as the previously licensed beds | 45049 |
| but was not licensed under Chapter 3721. or section 5123.19 of the | 45050 |
| Revised Code at that time. | 45051 |
| | 45052 |
| report submitted under section 5111.26 of the Revised Code have | 45053 |
| been subjected to a desk review under division (A) of section | 45054 |
| 5111.27 of the Revised Code and preliminarily determined to be | 45055 |
| allowable costs. | 45056 |
| | 45057 |
| (1)(a) Costs for registered nurses, licensed practical | 45058 |
| nurses, and nurse aides employed by the facility; | 45059 |
| (b) Costs for direct care staff, administrative nursing | 45060 |
|
staff, medical directors, | 45061 |
| 45062 | |
| 45063 | |
| professionals, program directors, respiratory therapists, | 45064 |
| habilitation supervisors, and except as provided in division | 45065 |
| (G)(2) of this section, other persons holding degrees qualifying | 45066 |
| them to provide therapy; | 45067 |
| (c) Costs of purchased nursing services; | 45068 |
| (d) Costs of quality assurance; | 45069 |
| (e) Costs of training and staff development, employee | 45070 |
| benefits, payroll taxes, and workers' compensation premiums or | 45071 |
| costs for self-insurance claims and related costs as specified in | 45072 |
| rules adopted by the director of job and family services in | 45073 |
| accordance with Chapter 119. of the Revised Code, for personnel | 45074 |
|
listed in
divisions | 45075 |
| (f) Costs of consulting and management fees related to direct | 45076 |
| care; | 45077 |
| (g) Allocated direct care home office costs. | 45078 |
| (2) In addition to the costs specified in division (H)(1) of | 45079 |
| this section, for nursing facilities only, direct care costs | 45080 |
| include medical supplies, emergency oxygen, habilitation supplies, | 45081 |
| and universal precautions supplies. | 45082 |
| (3) In addition to the costs specified in division | 45083 |
| of this section, for intermediate care facilities for the mentally | 45084 |
| retarded only, direct care costs include both of the following: | 45085 |
| (a) Costs for physical therapists and physical therapy | 45086 |
| assistants, occupational therapists and occupational therapy | 45087 |
|
assistants, speech therapists, | 45088 |
| staff, activities staff, psychologists and psychology assistants, | 45089 |
| and social workers and counselors; | 45090 |
| (b) Costs of training and staff development, employee | 45091 |
| benefits, payroll taxes, and workers' compensation premiums or | 45092 |
| costs for self-insurance claims and related costs as specified in | 45093 |
|
rules adopted | 45094 |
| 45095 | |
| Code, for personnel
listed in division
| 45096 |
| section. | 45097 |
| | 45098 |
|
specified
as direct care costs in rules adopted | 45099 |
| 45100 | |
| section 5111.02 of the Revised Code. | 45101 |
| | 45102 |
| specified in section 9.34 of the Revised Code. | 45103 |
| | 45104 |
| incurred by an intermediate care facility for the mentally | 45105 |
| retarded other than direct care costs, other protected costs, or | 45106 |
| capital costs. "Indirect care costs" includes but is not limited | 45107 |
| to costs of habilitation supplies, pharmacy consultants, medical | 45108 |
| and habilitation records, program supplies, incontinence supplies, | 45109 |
| food, enterals, dietary supplies and personnel, laundry, | 45110 |
| housekeeping, security, administration, liability insurance, | 45111 |
| bookkeeping, purchasing department, human resources, | 45112 |
| communications, travel, dues, license fees, subscriptions, home | 45113 |
| office costs not otherwise allocated, legal services, accounting | 45114 |
| services, minor equipment, maintenance and repairs, help-wanted | 45115 |
| advertising, informational advertising, start-up costs, | 45116 |
| organizational expenses, other interest, property insurance, | 45117 |
| employee training and staff development, employee benefits, | 45118 |
| payroll taxes, and workers' compensation premiums or costs for | 45119 |
| self-insurance claims and related costs as specified in rules | 45120 |
|
adopted | 45121 |
| 45122 | |
| personnel listed in this division. Notwithstanding division | 45123 |
| 45124 | |
| cost of equipment, including vehicles, acquired by operating lease | 45125 |
| executed before December 1, 1992, if the costs are reported as | 45126 |
| administrative and general costs on the facility's cost report for | 45127 |
| the cost reporting period ending December 31, 1992. | 45128 |
| | 45129 |
| resident, regardless of payment source, occupies a bed in a | 45130 |
| nursing facility or intermediate care facility for the mentally | 45131 |
| retarded that is included in the facility's certified capacity | 45132 |
| under Title XIX of the "Social Security Act," 49 Stat. 610 (1935), | 45133 |
| 42 U.S.C.A. 301, as amended. Therapeutic or hospital leave days | 45134 |
| for which payment is made under section 5111.33 of the Revised | 45135 |
| Code are considered inpatient days proportionate to the percentage | 45136 |
| of the facility's per resident per day rate paid for those days. | 45137 |
| | 45138 |
| means an intermediate care facility for the mentally retarded | 45139 |
| certified as in compliance with applicable standards for the | 45140 |
| 45141 | |
| accordance with Title XIX of the "Social Security Act." | 45142 |
| | 45143 |
|
provided in division | 45144 |
| are necessary and proper to maintain an asset in a normally | 45145 |
| efficient working condition and that do not extend the useful life | 45146 |
| of the asset two years or more. "Maintenance and repair expenses" | 45147 |
| includes but is not limited to the cost of ordinary repairs such | 45148 |
| as painting and wallpapering. | 45149 |
| | 45150 |
| part of a facility, that is certified as a nursing facility by the | 45151 |
| director of health in accordance with Title XIX of the "Social | 45152 |
| Security Act," and is not an intermediate care facility for the | 45153 |
| mentally retarded. "Nursing facility" includes a facility, or a | 45154 |
| distinct part of a facility, that is certified as a nursing | 45155 |
| facility by the director of health in accordance with Title XIX of | 45156 |
| the "Social Security Act," and is certified as a skilled nursing | 45157 |
| facility by the director in accordance with Title XVIII of the | 45158 |
| "Social Security Act." | 45159 |
| | 45160 |
| responsible for the daily operating and management decisions for a | 45161 |
| nursing facility or intermediate care facility for the mentally | 45162 |
| retarded. | 45163 |
| (P) "Other protected costs" means costs incurred by an | 45164 |
| intermediate care facility for the mentally retarded for medical | 45165 |
| supplies; real estate, franchise, and property taxes; natural gas, | 45166 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 45167 |
| medical waste collection; allocated other protected home office | 45168 |
| costs; and any additional costs defined as other protected costs | 45169 |
|
in rules adopted | 45170 |
| 45171 | |
| Code. | 45172 |
| | 45173 |
| at least five per cent ownership or interest, either directly, | 45174 |
| indirectly, or in any combination, in a nursing facility or | 45175 |
| intermediate care facility for the mentally retarded. | 45176 |
| | 45177 |
| | 45178 |
| this section, "per diem" means a nursing facility's or | 45179 |
| intermediate care facility for the mentally retarded's actual, | 45180 |
| allowable costs in a given cost center in a cost reporting period, | 45181 |
| divided by the facility's inpatient days for that cost reporting | 45182 |
| period. | 45183 |
| (1) When calculating indirect care costs for the purpose of | 45184 |
|
establishing rates under section | 45185 |
|
Revised Code,
"per diem" means | 45186 |
| facility for the mentally retarded's actual, allowable indirect | 45187 |
| care costs in a cost reporting period divided by the greater of | 45188 |
| the facility's inpatient days for that period or the number of | 45189 |
| inpatient days the facility would have had during that period if | 45190 |
| its occupancy rate had been eighty-five per cent. | 45191 |
| (2) When calculating capital costs for the purpose of | 45192 |
| establishing rates under section 5111.25 or 5111.251 of the | 45193 |
| Revised Code, "per diem" means a facility's actual, allowable | 45194 |
| capital costs in a cost reporting period divided by the greater of | 45195 |
| the facility's inpatient days for that period or the number of | 45196 |
| inpatient days the facility would have had during that period if | 45197 |
| its occupancy rate had been ninety-five per cent. For the purpose | 45198 |
| of determining a nursing facility's occupancy rate under division | 45199 |
| (S)(2) of this section, the department of job and family services | 45200 |
| shall include any beds that the nursing facility removes from its | 45201 |
| bed capacity under its Title XIX certification after June 30, | 45202 |
| 2005, unless the nursing facility also removes the beds from its | 45203 |
| licensed bed capacity. | 45204 |
| | 45205 |
| operates a nursing facility or intermediate care facility for the | 45206 |
| mentally retarded under a provider agreement. | 45207 |
| | 45208 |
| department of job and family services and the operator of a | 45209 |
| nursing facility or intermediate care facility for the mentally | 45210 |
| retarded for the provision of nursing facility services or | 45211 |
| intermediate care facility services for the mentally retarded | 45212 |
| under the | 45213 |
| | 45214 |
| 45215 | |
| 45216 | |
| 45217 |
| | 45218 |
| is appropriate and helpful to develop and maintain the operation | 45219 |
| of patient care facilities and activities, including normal | 45220 |
| standby costs, and that does not exceed what a prudent buyer pays | 45221 |
| for a given item or services. Reasonable costs may vary from | 45222 |
| provider to provider and from time to time for the same provider. | 45223 |
| | 45224 |
| that, to a significant extent, has common ownership with, is | 45225 |
| associated or affiliated with, has control of, or is controlled | 45226 |
| by, the provider. | 45227 |
| (1) An individual who is a relative of an owner is a related | 45228 |
| party. | 45229 |
| (2) Common ownership exists when an individual or individuals | 45230 |
| possess significant ownership or equity in both the provider and | 45231 |
| the other organization. Significant ownership or equity exists | 45232 |
| when an individual or individuals possess five per cent ownership | 45233 |
| or equity in both the provider and a supplier. Significant | 45234 |
| ownership or equity is presumed to exist when an individual or | 45235 |
| individuals possess ten per cent ownership or equity in both the | 45236 |
| provider and another organization from which the provider | 45237 |
| purchases or leases real property. | 45238 |
| (3) Control exists when an individual or organization has the | 45239 |
| power, directly or indirectly, to significantly influence or | 45240 |
| direct the actions or policies of an organization. | 45241 |
| (4) An individual or organization that supplies goods or | 45242 |
| services to a provider shall not be considered a related party if | 45243 |
| all of the following conditions are met: | 45244 |
| (a) The supplier is a separate bona fide organization. | 45245 |
| (b) A substantial part of the supplier's business activity of | 45246 |
| the type carried on with the provider is transacted with others | 45247 |
| than the provider and there is an open, competitive market for the | 45248 |
| types of goods or services the supplier furnishes. | 45249 |
| (c) The types of goods or services are commonly obtained by | 45250 |
| other nursing facilities or intermediate care facilities for the | 45251 |
| mentally retarded from outside organizations and are not a basic | 45252 |
| element of patient care ordinarily furnished directly to patients | 45253 |
| by the facilities. | 45254 |
| (d) The charge to the provider is in line with the charge for | 45255 |
| the goods or services in the open market and no more than the | 45256 |
| charge made under comparable circumstances to others by the | 45257 |
| supplier. | 45258 |
| | 45259 |
| to an owner of a nursing facility or intermediate care facility | 45260 |
| for the mentally retarded by one of the following relationships: | 45261 |
| (1) Spouse; | 45262 |
| (2) Natural parent, child, or sibling; | 45263 |
| (3) Adopted parent, child, or sibling; | 45264 |
| (4) | 45265 |
| 45266 |
| (5) Father-in-law, mother-in-law, son-in-law, | 45267 |
| daughter-in-law, brother-in-law, or sister-in-law; | 45268 |
| (6) Grandparent or grandchild; | 45269 |
| (7) Foster caregiver, foster child, foster brother, or foster | 45270 |
| sister. | 45271 |
| | 45272 |
| (1) Any betterment, improvement, or restoration of | 45273 |
| 45274 | |
| retarded started before July 1, 1993, that meets the definition of | 45275 |
| a renovation or extensive renovation established in rules adopted | 45276 |
| by the director of job and family services in effect on December | 45277 |
| 22, 1992. | 45278 |
| (2) In the case of betterments, improvements, and | 45279 |
|
restorations of | 45280 |
| facilities for the mentally retarded started on or after July 1, | 45281 |
| 1993: | 45282 |
| (a) "Renovation" means the betterment, improvement, or | 45283 |
|
restoration of | 45284 |
| for the mentally retarded beyond its current functional capacity | 45285 |
| through a structural change that costs at least five hundred | 45286 |
| dollars per bed. A renovation may include betterment, improvement, | 45287 |
| restoration, or replacement of assets that are affixed to the | 45288 |
| building and have a useful life of at least five years. A | 45289 |
| renovation may include costs that otherwise would be considered | 45290 |
| maintenance and repair expenses if they are an integral part of | 45291 |
| the structural change that makes up the renovation project. | 45292 |
| "Renovation" does not mean construction of additional space for | 45293 |
| beds that will be added to a facility's licensed or certified | 45294 |
| capacity. | 45295 |
| (b) "Extensive renovation" means a renovation that costs more | 45296 |
| than sixty-five per cent and no more than eighty-five per cent of | 45297 |
| the cost of constructing a new bed and that extends the useful | 45298 |
| life of the assets for at least ten years. | 45299 |
| For the purposes of division | 45300 |
| cost of constructing a new bed shall be considered to be forty | 45301 |
| thousand dollars, adjusted for the estimated rate of inflation | 45302 |
| from January 1, 1993, to the end of the calendar year during which | 45303 |
| the renovation is completed, using the consumer price index for | 45304 |
| shelter costs for all urban consumers for the north central | 45305 |
| region, as published by the United States bureau of labor | 45306 |
| statistics. | 45307 |
| The department of job and family services may treat a | 45308 |
| renovation that costs more than eighty-five per cent of the cost | 45309 |
| of constructing new beds as an extensive renovation if the | 45310 |
| department determines that the renovation is more prudent than | 45311 |
| construction of new beds. | 45312 |
| Sec. 5111.204. (A) As used in this section | 45313 |
| 45314 | |
| acting on behalf
of an
applicant for or recipient of | 45315 |
| 45316 | |
| attorney, hospital social worker, or any other person chosen to | 45317 |
| act on behalf of an applicant or recipient. | 45318 |
| (B) The department of job and family services may require | 45319 |
| each applicant for or recipient of | 45320 |
| applies or intends to apply for admission to a nursing facility or | 45321 |
| resides in a nursing facility to undergo an assessment to | 45322 |
| determine whether the applicant or recipient needs the level of | 45323 |
| care provided by a nursing facility. | 45324 |
| performed concurrently with a long-term care consultation | 45325 |
| performed under section 173.42 of the Revised Code. | 45326 |
| To the maximum extent possible, the assessment shall be based | 45327 |
| on information from the resident assessment instrument specified | 45328 |
| in rules adopted by the director of job and family services under | 45329 |
| division
(A) of section | 45330 |
| assessment shall also be based on criteria and procedures | 45331 |
| established in rules adopted under division | 45332 |
| and information provided by the person being assessed or the | 45333 |
| person's representative. | 45334 |
| The department of job and family services, or if the | 45335 |
| assessment is performed
by | 45336 |
| contract with the department pursuant to division (G) of this | 45337 |
| section | 45338 |
| than the time the | 45339 |
| the assessment is required to be | 45340 |
| (C) of this section, give written notice of its conclusions and | 45341 |
| the basis for them to the person assessed and, if the department | 45342 |
| of job and family services or | 45343 |
| contract with the department has been informed that the person has | 45344 |
| a representative, to the representative. | 45345 |
| (C) The department of job and family services or | 45346 |
| agency under contract with the department, whichever performs the | 45347 |
| assessment, shall | 45348 |
| 45349 | |
| 45350 | |
| determination based on the assessment as follows: | 45351 |
| (1) In the case of a person applying or intending to apply | 45352 |
| for admission to a nursing facility while hospitalized, not later | 45353 |
| than one of the following: | 45354 |
| (a) One working day after the person or the person's | 45355 |
|
representative submits | 45356 |
| 45357 | |
| intention to apply and submits all information required for | 45358 |
| providing the level of care determination, as specified in rules | 45359 |
| adopted under division (F)(2) of this section; | 45360 |
| (b) A later date requested by the person or the person's | 45361 |
| representative. | 45362 |
| (2) In the case of | 45363 |
| 45364 | |
| 45365 | |
| 45366 | |
| 45367 |
| | 45368 |
| apply for admission to a nursing facility who is not hospitalized, | 45369 |
| not later than one of the following: | 45370 |
| (a) Five calendar days after the person or the person's | 45371 |
| representative submits the application or notifies the department | 45372 |
| of the person's intention to apply and submits all information | 45373 |
| required for providing the level of care determination, as | 45374 |
| specified in rules adopted under division (F)(2) of this section; | 45375 |
| (b) A later date requested by the person or the person's | 45376 |
| representative. | 45377 |
| (3) In the case of a person who resides in a nursing | 45378 |
| facility, not later than one of the following: | 45379 |
| (a) Five calendar days after the person or the person's | 45380 |
| representative submits an application for medical assistance and | 45381 |
| submits all information required for providing the level of care | 45382 |
| determination, as specified in rules adopted under division (F)(2) | 45383 |
| of this section; | 45384 |
| (b) A later date requested by the person or the person's | 45385 |
| representative. | 45386 |
| (4) In the case of an emergency, as specified in rules | 45387 |
| adopted under division (F)(4) of this section, within the number | 45388 |
| of days specified in the rules. | 45389 |
| (D) | 45390 |
| 45391 | |
| 45392 | |
| 45393 | |
| 45394 | |
| 45395 | |
| 45396 |
| | 45397 |
| 45398 | |
| 45399 | |
| 45400 | |
| 45401 |
| | 45402 |
| representative may
| 45403 |
| conclusions reached by the department of job and family services | 45404 |
| or | 45405 |
| basis of the assessment. The | 45406 |
| shall be made in accordance with section 5101.35 of the Revised | 45407 |
| Code. The department of job and family services or
| 45408 |
| agency | 45409 |
| department shall provide to the person or the person's | 45410 |
| representative and the nursing facility written notice of the | 45411 |
| person's right to | 45412 |
| include
an explanation of the procedure for | 45413 |
| requesting a state hearing. If a state hearing is requested, the | 45414 |
| state shall be represented in the hearing by the department of job | 45415 |
| and family services or the agency under contract with the | 45416 |
| department, whichever performed the assessment. | 45417 |
| | 45418 |
|
determined pursuant to an assessment required under | 45419 |
| 45420 | |
|
the nursing facility shall not be reimbursed under the | 45421 |
| 45422 |
| | 45423 |
| rules in accordance with Chapter 119. of the Revised Code to | 45424 |
| implement and administer this section. The rules shall include all | 45425 |
| of the following: | 45426 |
| (1) Criteria and procedures to be used in determining whether | 45427 |
| admission to a nursing facility or continued stay in a nursing | 45428 |
| facility is appropriate for the
person being assessed | 45429 |
| 45430 | |
| 45431 |
| | 45432 |
| | 45433 |
| 45434 |
| | 45435 |
| 45436 |
| (2) Information the person being assessed or the person's | 45437 |
|
representative must provide to the department or | 45438 |
| under contract with the department for purposes of the assessment | 45439 |
| and providing a level of care determination based on the | 45440 |
| assessment; | 45441 |
| (3) | 45442 |
| 45443 | |
| 45444 |
| | 45445 |
| assessed; | 45446 |
| (4) Circumstances that constitute an emergency for purposes | 45447 |
| of division (C)(4) of this section and the number of days within | 45448 |
| which a level of care determination must be provided in the case | 45449 |
| of an emergency. | 45450 |
| (G) Pursuant to section 5111.91 of the Revised Code, the | 45451 |
| department of job and family services may enter into contracts in | 45452 |
| the form of interagency agreements with one or more other state | 45453 |
| agencies to perform the assessments required under this section. | 45454 |
| The interagency agreements shall specify the responsibilities of | 45455 |
| each agency in the performance of the assessments. | 45456 |
| Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011, | 45457 |
|
5111.012, | 45458 |
| department of job and family services shall pay, as provided in | 45459 |
| sections 5111.20 to
| 45460 |
| reasonable costs of services provided to an eligible medicaid | 45461 |
| recipient by an eligible nursing facility or intermediate care | 45462 |
| facility for the mentally retarded. | 45463 |
| In order to be eligible for | 45464 |
| payments, the operator of a nursing facility or intermediate care | 45465 |
| facility for the mentally retarded shall do all of the following: | 45466 |
| (1) Enter into a provider agreement with the department as | 45467 |
| provided in section 5111.22 of the Revised Code; | 45468 |
| (2) Apply for and maintain a valid license to operate if so | 45469 |
| required by law; | 45470 |
| (3) Comply with all applicable state and federal laws and | 45471 |
| rules. | 45472 |
| (B) | 45473 |
| obtain and maintain eligibility for payments under the medicaid | 45474 |
| program shall qualify all of the facility's medicaid-certified | 45475 |
| beds in the medicare program established by Title XVIII of the | 45476 |
| "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The | 45477 |
| director of job and family services may adopt rules | 45478 |
| 45479 | |
| establish the time frame in which a nursing facility must comply | 45480 |
| with this requirement. | 45481 |
| Sec. 5111.22. A provider agreement between the department of | 45482 |
| job and family services and the operator of a nursing facility or | 45483 |
| intermediate care facility for the mentally retarded shall contain | 45484 |
| the following provisions: | 45485 |
| (A) The department agrees to make payments to the | 45486 |
| 45487 | |
| 45488 | |
| 45489 | |
| 5111.33 of the Revised Code, for medicaid-covered services the | 45490 |
| facility provides to a resident of the facility who is a medicaid | 45491 |
| recipient. No payment shall be made for the day a medicaid | 45492 |
| recipient is discharged from the facility. | 45493 |
| (B) The | 45494 |
| (1) Maintain eligibility as provided in section 5111.21 of | 45495 |
| the Revised Code; | 45496 |
| (2) Keep records relating to a cost reporting period for the | 45497 |
| greater of seven years after the cost report is filed or, if the | 45498 |
| department issues an audit report in accordance with division (B) | 45499 |
| of section 5111.27 of the Revised Code, six years after all appeal | 45500 |
| rights relating to the audit report are exhausted; | 45501 |
| (3) File reports as required by the department; | 45502 |
| (4) Open all records relating to the costs of its services | 45503 |
| for inspection and audit by the department; | 45504 |
| (5) Open its premises for inspection by the department, the | 45505 |
| department of health, and any other state or local authority | 45506 |
| having authority to inspect; | 45507 |
| (6) Supply to the department such information as it requires | 45508 |
|
concerning the facility's services to | 45509 |
| or are eligible to be medicaid recipients; | 45510 |
| (7) Comply with section 5111.31 of the Revised Code. | 45511 |
| The provider agreement may contain other provisions that are | 45512 |
| consistent with law and considered necessary by the department. | 45513 |
| A provider agreement shall be effective for no longer than | 45514 |
| twelve months, except that if federal statute or regulations | 45515 |
| authorize a longer term, it may be effective for a longer term so | 45516 |
| authorized. A provider agreement may be renewed only if the | 45517 |
| facility is certified by the department of health for | 45518 |
| participation in the medicaid program. | 45519 |
| The department of job and family services, in accordance with | 45520 |
|
rules
adopted | 45521 |
| section 5111.02 of the Revised Code, may elect not to enter into, | 45522 |
| not to renew, or to terminate a provider agreement when the | 45523 |
| department determines that such an agreement would not be in the | 45524 |
| best interests of | 45525 |
| Sec. 5111.221. The department of job and family services | 45526 |
| shall make its best efforts each year to calculate rates under | 45527 |
| sections | 45528 |
| time to use them to make the payments due to | 45529 |
| 45530 | |
| providers by the fifteenth day of August. If the department is | 45531 |
| unable to calculate the rates so that they can be paid by that | 45532 |
| date, the department shall pay each | 45533 |
| calculated for | 45534 |
| intermediate care facilities for the mentally retarded under those | 45535 |
| sections at the end of the previous fiscal year. If the department | 45536 |
| also is unable to calculate the rates to make the payments due by | 45537 |
| the fifteenth day of September and the fifteenth day of October, | 45538 |
| the department shall pay the previous fiscal year's rate to make | 45539 |
| those payments. The department may increase by five per cent the | 45540 |
| previous fiscal year's rate
paid | 45541 |
| this section at the request of the | 45542 |
| department shall use rates calculated for the current fiscal year | 45543 |
| to make the payments due by the fifteenth day of November. | 45544 |
| If the rate paid to a provider for a facility pursuant to | 45545 |
| this section is lower than the
rate calculated for | 45546 |
| for the current fiscal year, the department shall pay
the | 45547 |
| provider the difference between the two rates for the number of | 45548 |
| days for
which the | 45549 |
| pursuant to this section. If the rate paid | 45550 |
| pursuant to this section is higher than the rate calculated for it | 45551 |
|
for the current fiscal year, the | 45552 |
| the department the difference between the two rates for the number | 45553 |
| of days for which the | 45554 |
| pursuant to this section. | 45555 |
| Sec. 5111.222. The operator of a nursing facility or | 45556 |
| intermediate care facility for the mentally retarded may enter | 45557 |
| into provider agreements for more than one nursing facility or | 45558 |
| intermediate care facility for the mentally retarded. | 45559 |
| Sec. 5111.23. (A) The department of job and family services | 45560 |
| shall
pay a provider for each of the provider's eligible | 45561 |
| 45562 | |
| mentally retarded a per resident per day rate for direct care | 45563 |
| costs established prospectively for each facility. The department | 45564 |
| shall establish each facility's rate for direct care costs | 45565 |
| quarterly. | 45566 |
| (B) Each facility's rate for direct care costs shall be based | 45567 |
| on the facility's cost per case-mix unit, subject to the maximum | 45568 |
| costs per case-mix unit established under division (B)(2) of this | 45569 |
| section, from the calendar year preceding the fiscal year in which | 45570 |
| the rate is paid. To determine the rate, the department shall do | 45571 |
| all of the following: | 45572 |
| (1) Determine each facility's cost per case-mix unit for the | 45573 |
| calendar year preceding the fiscal year in which the rate will be | 45574 |
| paid by dividing the facility's desk-reviewed, actual, allowable, | 45575 |
| per diem direct care costs for that year by its average case-mix | 45576 |
| score determined under section | 45577 |
| Code for the same calendar year. | 45578 |
| (2)(a) | 45579 |
| 45580 | |
| 45581 | |
| 45582 | |
| 45583 | |
| 45584 | |
| 45585 | |
| 45586 |
| | 45587 |
| group of intermediate care facilities for the mentally retarded | 45588 |
| with more than eight beds specified in rules adopted under | 45589 |
| division (E) of this section at a percentage above the cost per | 45590 |
| case-mix unit of the facility in the group that has the group's | 45591 |
| median medicaid inpatient day for the calendar year preceding the | 45592 |
| fiscal year in which the rate will be paid, as calculated under | 45593 |
| division (B)(1) of this section, that is no less than the | 45594 |
| percentage calculated under division (D)(2) of this section. | 45595 |
| | 45596 |
| group of intermediate care facilities for the mentally retarded | 45597 |
| with eight or fewer beds specified in rules adopted under division | 45598 |
| (E) of this section at a percentage above the cost per case-mix | 45599 |
| unit of the facility in the group that has the group's median | 45600 |
| medicaid inpatient day for the calendar year preceding the fiscal | 45601 |
| year in which the rate will be paid, as calculated under division | 45602 |
| (B)(1) of this section, that is no less than the percentage | 45603 |
| calculated under division (D)(3) of this section. | 45604 |
| | 45605 |
| under divisions
(B)(2)(a) to | 45606 |
| group, the department shall exclude from its calculations the cost | 45607 |
| per case-mix unit of any facility in the group that participated | 45608 |
| in the | 45609 |
| for less than twelve months during the calendar year preceding the | 45610 |
| fiscal year in which the rate will be paid. | 45611 |
| (3) Estimate the rate of inflation for the eighteen-month | 45612 |
| period beginning on the first day of July of the calendar year | 45613 |
| preceding the fiscal year in which the rate will be paid and | 45614 |
| ending on the thirty-first day of December of the fiscal year in | 45615 |
| which the rate will be paid, using the employment cost index for | 45616 |
| total compensation, health services component, published by the | 45617 |
| United States bureau of labor statistics. If the estimated | 45618 |
| inflation rate for the eighteen-month period is different from the | 45619 |
| actual inflation rate for that period, as measured using the same | 45620 |
| index, the difference shall be added to or subtracted from the | 45621 |
| inflation rate estimated under division (B)(3) of this section for | 45622 |
| the following fiscal year. | 45623 |
| (4) The department shall not recalculate a maximum cost per | 45624 |
| case-mix unit under division (B)(2) of this section or a | 45625 |
| percentage under division (D) of this section based on additional | 45626 |
| information that it receives after the maximum costs per case-mix | 45627 |
| unit or percentages are set. The department shall recalculate a | 45628 |
| maximum cost per case-mix units or percentage only if it made an | 45629 |
| error in computing the maximum cost per case-mix unit or | 45630 |
| percentage based on information available at the time of the | 45631 |
| original calculation. | 45632 |
| (C) Each facility's rate for direct care costs shall be | 45633 |
| determined as follows for each calendar quarter within a fiscal | 45634 |
| year: | 45635 |
| (1) Multiply the lesser of the following by the facility's | 45636 |
|
average case-mix score determined under section | 45637 |
| of the Revised Code for the calendar quarter that preceded the | 45638 |
| immediately preceding calendar quarter: | 45639 |
| (a) The facility's cost per case-mix unit for the calendar | 45640 |
| year preceding the fiscal year in which the rate will be paid, as | 45641 |
| determined under division (B)(1) of this section; | 45642 |
| (b) The maximum cost per case-mix unit established for the | 45643 |
| fiscal year in which the rate will be paid for the facility's peer | 45644 |
| group under division (B)(2) of this section; | 45645 |
| (2) Adjust the product determined under division (C)(1) of | 45646 |
| this section by the inflation rate estimated under division (B)(3) | 45647 |
| of this section. | 45648 |
| (D)(1) | 45649 |
| 45650 | |
| 45651 | |
| 45652 | |
| 45653 | |
| 45654 | |
| 45655 | |
| 45656 |
| | 45657 |
| median cost per case-mix unit determined under division (B)(1) of | 45658 |
| this section for the facility that has the median medicaid | 45659 |
| inpatient day for calendar year 1992 for all intermediate care | 45660 |
| facilities for the mentally retarded with more than eight beds | 45661 |
| that would result in payment of all desk-reviewed, actual, | 45662 |
| allowable direct care costs for eighty and one-half per cent of | 45663 |
| the medicaid inpatient days for such facilities for calendar year | 45664 |
| 1992. | 45665 |
| | 45666 |
| the median cost per case-mix unit determined under division (B)(1) | 45667 |
| of this section for the facility that has the median medicaid | 45668 |
| inpatient day for calendar year 1992 for all intermediate care | 45669 |
| facilities for the mentally retarded with eight or fewer beds that | 45670 |
| would result in payment of all desk-reviewed, actual, allowable | 45671 |
| direct care costs for eighty and one-half per cent of the medicaid | 45672 |
| inpatient days for such facilities for calendar year 1992. | 45673 |
| (E) The director of job and family services shall adopt rules | 45674 |
| 45675 | |
| Revised Code that specify peer groups of
| 45676 |
| intermediate care facilities for the mentally retarded with more | 45677 |
| than eight beds | 45678 |
| retarded with eight or fewer beds, based on findings of | 45679 |
| significant per diem direct care cost differences due to geography | 45680 |
| and facility bed-size. The rules also may specify peer groups | 45681 |
| based on findings of significant per diem direct care cost | 45682 |
| differences due to other factors which may
include | 45683 |
| 45684 |
| (F) The department, in accordance with division (C) of | 45685 |
|
section | 45686 |
| under division (D) of that section, may assign case-mix scores or | 45687 |
| costs
per case-mix unit if a | 45688 |
| assessment
information necessary to calculate | 45689 |
| care facility for the mentally retarded's case-mix score in | 45690 |
| accordance with that section. | 45691 |
| Sec. 5111.231. (A) The department of job and family services | 45692 |
| shall pay a provider for each of the provider's eligible nursing | 45693 |
| facilities a per resident per day rate for direct care costs | 45694 |
| established prospectively for each facility. The department shall | 45695 |
| establish each facility's rate for direct care costs quarterly. | 45696 |
| (B) Each facility's rate for direct care costs shall be based | 45697 |
| on the facility's cost per case-mix unit, subject to the maximum | 45698 |
| costs per case-mix unit established under division (B)(2) of this | 45699 |
| section, from the calendar year preceding the fiscal year in which | 45700 |
| the rate is paid. To determine the rate, the department shall do | 45701 |
| all of the following: | 45702 |
| (1) Determine each facility's cost per case-mix unit for the | 45703 |
| calendar year preceding the fiscal year in which the rate will be | 45704 |
| paid by dividing the facility's desk-reviewed, actual, allowable, | 45705 |
| per diem direct care costs for that year by its average case-mix | 45706 |
| score determined under section 5111.232 of the Revised Code for | 45707 |
| the same calendar year. | 45708 |
| (2)(a) Set the maximum cost per case-mix unit for each peer | 45709 |
| group of nursing facilities specified in division (D) of this | 45710 |
| section at one hundred sixteen per cent above the cost per | 45711 |
| case-mix unit of the facility in the group that has the group's | 45712 |
| median medicaid inpatient day for the calendar year preceding the | 45713 |
| fiscal year in which the rate will be paid, as calculated under | 45714 |
| division (B)(1) of this section. | 45715 |
| (b) In calculating the maximum cost per case-mix unit under | 45716 |
| division (B)(2)(a) of this section for each peer group, the | 45717 |
| department shall exclude from its calculations the cost per | 45718 |
| case-mix unit of either of the following: | 45719 |
| (i) Any facility in the group that participated in the | 45720 |
| medicaid program under the same operator for less than twelve | 45721 |
| months during the calendar year preceding the fiscal year in which | 45722 |
| the rate will be paid; | 45723 |
| (ii) Any facility in the group that has a cost per case-mix | 45724 |
| unit that is more than one standard deviation greater or less than | 45725 |
| the mean cost per case-mix unit for all nursing facilities in the | 45726 |
| group for the calendar year preceding the fiscal year in which the | 45727 |
| rate will be paid. | 45728 |
| (3) Estimate the rate of inflation for the eighteen-month | 45729 |
| period beginning on the first day of July of the calendar year | 45730 |
| preceding the fiscal year in which the rate will be paid and | 45731 |
| ending on the thirty-first day of December of the fiscal year in | 45732 |
| which the rate will be paid, using the employment cost index for | 45733 |
| total compensation, health services component, published by the | 45734 |
| United States bureau of labor statistics. If the estimated | 45735 |
| inflation rate for the eighteen-month period is different from the | 45736 |
| actual inflation rate for that period, as measured using the same | 45737 |
| index, the difference shall be added to or subtracted from the | 45738 |
| inflation rate estimated under division (B)(3) of this section for | 45739 |
| the following fiscal year. | 45740 |
| (4) The department shall not recalculate a maximum cost per | 45741 |
| case-mix unit under division (B)(2) of this section based on | 45742 |
| additional information that it receives after the maximum costs | 45743 |
| per case-mix unit are set. The department shall recalculate a | 45744 |
| maximum cost per case-mix units only if it made an error in | 45745 |
| computing the maximum cost per case-mix unit based on information | 45746 |
| available at the time of the original calculation. | 45747 |
| (C) Each facility's rate for direct care costs shall be | 45748 |
| determined as follows for each calendar quarter within a fiscal | 45749 |
| year: | 45750 |
| (1) Multiply the lesser of the following by the facility's | 45751 |
| average case-mix score determined under section 5111.232 of the | 45752 |
| Revised Code for the calendar quarter that preceded the | 45753 |
| immediately preceding calendar quarter: | 45754 |
| (a) The facility's cost per case-mix unit for the calendar | 45755 |
| year preceding the fiscal year in which the rate will be paid, as | 45756 |
| determined under division (B)(1) of this section; | 45757 |
| (b) The maximum cost per case-mix unit established for the | 45758 |
| fiscal year in which the rate will be paid for the facility's peer | 45759 |
| group under division (B)(2) of this section; | 45760 |
| (2) Adjust the product determined under division (C)(1) of | 45761 |
| this section by the inflation rate estimated under division (B)(3) | 45762 |
| of this section. | 45763 |
| (D)(1) The director of job and family services shall use peer | 45764 |
| groups of nursing facilities for the purpose of this section that | 45765 |
| are the same as the peer groups specified in rules that were | 45766 |
| authorized by section 5111.23 of the Revised Code as that section | 45767 |
| existed on the day before the effective date of this section and | 45768 |
| were in effect on January 1, 2004, except that nursing facilities | 45769 |
| located in Ottawa, Erie, Morrow, Union, or Preble counties shall | 45770 |
| be added to the metropolitan statistical area peer group specified | 45771 |
| in those rules. | 45772 |
| (E) The department, in accordance with division (C) of | 45773 |
| section 5111.232 of the Revised Code and rules adopted under | 45774 |
| division (D) of that section, may assign case-mix scores or costs | 45775 |
| per case-mix unit if a provider fails to submit assessment | 45776 |
| information necessary to calculate a nursing facility's case-mix | 45777 |
| score in accordance with that section. | 45778 |
| | 45779 |
| family services shall determine case-mix scores for nursing | 45780 |
| facilities using data for each resident, regardless of payment | 45781 |
| source, from a resident assessment instrument specified in rules | 45782 |
| adopted | 45783 |
| the Revised Code pursuant to section 1919(e)(5) of the "Social | 45784 |
| Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as | 45785 |
| amended, and the case-mix values established by the United States | 45786 |
| department of health and human services. Except as modified in | 45787 |
| rules | 45788 |
| section, the department also shall use the grouper methodology | 45789 |
| used on June 30, 1999, by the United States department of health | 45790 |
| and human services for prospective payment of skilled nursing | 45791 |
| facilities under the medicare program established by Title XVIII | 45792 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 45793 |
| 301, as amended. The director of job and family services may adopt | 45794 |
| rules | 45795 |
| Revised Code that do any of the following: | 45796 |
| (a) Adjust the case-mix values to reflect changes in relative | 45797 |
| wage differentials that are specific to this state; | 45798 |
| (b) Express all of the case-mix values in numeric terms that | 45799 |
| are different from the terms specified by the United States | 45800 |
| department of health and human services but that do not alter the | 45801 |
| relationship of the case-mix values to one another; | 45802 |
| (c) Modify the grouper methodology as follows: | 45803 |
| (i) Establish a different hierarchy for assigning residents | 45804 |
| to case-mix categories under the methodology; | 45805 |
| (ii) Prohibit the use of the index maximizer element of the | 45806 |
| methodology; | 45807 |
| (iii) Incorporate changes to the methodology the United | 45808 |
| States department of health and human services makes after June | 45809 |
|
30, 1999 | 45810 |
| | 45811 |
| 45812 | |
| 45813 |
| (2) The department shall determine case-mix scores for | 45814 |
| intermediate care facilities for the mentally retarded using data | 45815 |
| for each resident, regardless of payment source, from a resident | 45816 |
| assessment instrument and grouper methodology prescribed in rules | 45817 |
|
adopted | 45818 |
| the Revised Code and expressed in case-mix values established by | 45819 |
| the department in those rules. | 45820 |
| (B) Not later than fifteen days after the end of each | 45821 |
|
calendar quarter, each | 45822 |
| 45823 | |
| department the complete assessment data, from the instrument | 45824 |
| specified in
rules | 45825 |
| this section, for each resident of each of the provider's | 45826 |
| facilities, regardless of payment source, who was in the facility | 45827 |
| or on hospital or therapeutic leave from the facility on the last | 45828 |
| day of the quarter. | 45829 |
| Except as provided in division (C) of this section, the | 45830 |
| department, after the end of each calendar year and pursuant to | 45831 |
|
procedures specified in rules adopted | 45832 |
| 45833 | |
| annual average case-mix score for each nursing facility and | 45834 |
| intermediate care facility for the mentally retarded using the | 45835 |
| facility's quarterly case-mix scores for that calendar year. | 45836 |
| (C)(1) If a | 45837 |
| information
for
a calendar quarter necessary to calculate | 45838 |
| facility's case-mix score, or submits incomplete or inaccurate | 45839 |
| information for a calendar quarter, the department may assign the | 45840 |
| facility a quarterly average case-mix score that is five per cent | 45841 |
| less than the facility's quarterly average case-mix score for the | 45842 |
| preceding calendar quarter. If the facility was subject to an | 45843 |
| exception review under division (C) of section 5111.27 of the | 45844 |
| Revised Code for the preceding calendar quarter, the department | 45845 |
| may assign a quarterly average case-mix score that is five per | 45846 |
| cent less than the score determined by the exception review. If | 45847 |
| the facility was assigned a quarterly average case-mix score for | 45848 |
| the preceding quarter, the department may assign a quarterly | 45849 |
| average case-mix score that is five per cent less than that score | 45850 |
| assigned for the preceding quarter. | 45851 |
| The department may use a quarterly average case-mix score | 45852 |
| assigned under division (C)(1) of this section, instead of a | 45853 |
| quarterly average case-mix score calculated based on the | 45854 |
| 45855 | |
| facility's rate for direct care costs being established under | 45856 |
| section 5111.23 or 5111.231 of the Revised Code for one or more | 45857 |
| months, as specified
in rules
| 45858 |
| (D) of this section, of the quarter for which the rate established | 45859 |
| under section 5111.23 or 5111.231 of the Revised Code will be | 45860 |
| paid. | 45861 |
| Before taking action under division (C)(1) of this section, | 45862 |
|
the department shall permit the | 45863 |
| period of
time, specified in rules | 45864 |
| division (D) of this section, to correct the information. In the | 45865 |
| case of an intermediate care facility for the mentally retarded, | 45866 |
| the department shall not assign a quarterly average case-mix score | 45867 |
| due to late submission of corrections to assessment information | 45868 |
| unless
the | 45869 |
| prior to the eighty-first day after the end of the calendar | 45870 |
| quarter to which the information pertains. In the case of a | 45871 |
| nursing facility, the department shall not assign a quarterly | 45872 |
| average case-mix score due to late submission of corrections to | 45873 |
| assessment information unless
the | 45874 |
| submit corrected information prior to the earlier of the | 45875 |
| eighty-first day after the end of the calendar quarter to which | 45876 |
| the information pertains or the deadline for submission of such | 45877 |
| corrections established by regulations adopted by the United | 45878 |
| States department of health and human services under Titles XVIII | 45879 |
| and XIX of the Social Security Act. | 45880 |
| (2) If a | 45881 |
| calculated using a quarterly average case-mix score assigned under | 45882 |
| division (C)(1) of this section for more than six months in a | 45883 |
| calendar year, the department may assign the facility a cost per | 45884 |
| case-mix unit that is five per cent less than the facility's | 45885 |
| actual or assigned cost per case-mix unit for the preceding | 45886 |
| calendar year. The department may use the assigned cost per | 45887 |
| case-mix unit, instead of calculating the facility's actual cost | 45888 |
| per case-mix unit in accordance with section 5111.23 or 5111.231 | 45889 |
| of the Revised Code, to establish the facility's rate for direct | 45890 |
| care costs for the following fiscal year. | 45891 |
| (3) The department shall take action under division (C)(1) or | 45892 |
| (2) of this section only in accordance with rules | 45893 |
| authorized by division (D) of this section. The department shall | 45894 |
| not take an action that affects rates for prior payment periods | 45895 |
| except in accordance with sections 5111.27 and 5111.28 of the | 45896 |
| Revised Code. | 45897 |
| (D) The director may adopt rules | 45898 |
| 45899 | |
| following: | 45900 |
| (1) Specify the medium or media through which the completed | 45901 |
| assessment information shall be submitted; | 45902 |
| (2) Establish procedures under which the department will | 45903 |
|
review assessment information for accuracy and notify the
| 45904 |
| provider of any information that requires correction; | 45905 |
| (3) Establish procedures for | 45906 |
| assessment information. The procedures may prohibit the provider | 45907 |
| of an intermediate care facility for the mentally retarded from | 45908 |
| submitting corrected assessment information, for the purpose of | 45909 |
|
calculating | 45910 |
| than two calendar quarters after the end of the quarter to which | 45911 |
| the information pertains or, if the information pertains to the | 45912 |
| quarter ending the thirty-first day of December, after the | 45913 |
| thirty-first day of the following March. The procedures may limit | 45914 |
| the content of corrections by providers of nursing facilities in | 45915 |
| the manner required by regulations adopted by the United States | 45916 |
| department of health and human services under Titles XVIII and XIX | 45917 |
| of the Social Security Act and prohibit a provider of a nursing | 45918 |
| facility from submitting corrected assessment information, for the | 45919 |
| purpose of calculating
| 45920 |
| score, more than the earlier of the following: | 45921 |
| (a) Two calendar quarters after the end of the quarter to | 45922 |
| which the information pertains or, if the information pertains to | 45923 |
| the quarter ending the thirty-first day of December, after the | 45924 |
| thirty-first day of the following March; | 45925 |
| (b) The deadline for submission of such corrections | 45926 |
| established by regulations adopted by the United States department | 45927 |
| of health and human services under Titles XVIII and XIX of the | 45928 |
| Social Security Act. | 45929 |
| (4) Specify when and how the department will assign case-mix | 45930 |
| scores or costs per case-mix unit under division (C) of this | 45931 |
| section if information necessary to calculate the facility's | 45932 |
| average annual or quarterly case-mix score is not provided or | 45933 |
| corrected in accordance with the procedures established by the | 45934 |
| rules. Notwithstanding any other provision of sections 5111.20 to | 45935 |
| 45936 | |
| for exclusion of case-mix scores assigned under division (C) of | 45937 |
| this section from calculation of the facility's annual average | 45938 |
| case-mix score and the maximum cost per case-mix unit for the | 45939 |
| facility's peer group. | 45940 |
| Sec. 5111.234. (A) As used in this section, "deficiency" and | 45941 |
| "standard survey" have the same meanings as in section 5111.35 of | 45942 |
| the Revised Code. | 45943 |
| (B) Each year, the department of job and family services | 45944 |
| shall pay each nursing facility placed in the first, second, and | 45945 |
| third quality tier groups established under division (C) of this | 45946 |
| section a quality incentive payment. Nursing facilities placed in | 45947 |
| the first group shall receive the highest payment. Nursing | 45948 |
| facilities placed in the second group shall receive the second | 45949 |
| highest payment. Nursing facilities placed in the third group | 45950 |
| shall receive the third highest payment. Nursing facilities placed | 45951 |
| in the fourth group shall receive no payment. The mean payment, | 45952 |
| weighted by medicaid days, shall be two per cent of the average | 45953 |
| rate for all nursing facilities calculated under sections 5111.20 | 45954 |
| to 5111.33 of the Revised Code, excluding this section. Nursing | 45955 |
| facilities placed in the fourth group shall be included for the | 45956 |
| purpose of determining the mean payment. | 45957 |
| (C) Each year, the department shall establish four quality | 45958 |
| tier groups. Each group shall consist of one quarter of all | 45959 |
| nursing facilities participating in the medicaid program. The | 45960 |
| first group shall consist of the quarter of nursing facilities | 45961 |
| individually awarded the most number of points under division (D) | 45962 |
| of this section. The second group shall consist of the quarter of | 45963 |
| nursing facilities individually awarded the second most number of | 45964 |
| points under division (D) of this section. The third group shall | 45965 |
| consist of the quarter of nursing facilities individually awarded | 45966 |
| the third most number of points under division (D) of this | 45967 |
| section. The fourth group shall consist of the quarter of nursing | 45968 |
| facilities individually awarded the least number of points under | 45969 |
| division (D) of this section. | 45970 |
| (D) Each year, the department shall award each nursing | 45971 |
| facility participating in the medicaid program one point for each | 45972 |
| of the following accountability measures the facility meets: | 45973 |
| (1) The facility had no health deficiencies on the facility's | 45974 |
| most recent standard survey. | 45975 |
| (2) The facility had no health deficiencies with a scope and | 45976 |
| severity level greater than E, as determined under nursing | 45977 |
| facility certification standards established under Title XIX, on | 45978 |
| the facility's most recent standard survey. | 45979 |
| (3) The facility's resident satisfaction is above the | 45980 |
| statewide average. | 45981 |
| (4) The facility's family satisfaction is above the statewide | 45982 |
| average. | 45983 |
| (5) The number of hours the facility employs nurses is above | 45984 |
| the statewide average. | 45985 |
| (6) The facility's employee retention rate is above the | 45986 |
| average for the facility's peer group specified in division (D) of | 45987 |
| section 5111.231 of the Revised Code. | 45988 |
| (7) The facility's occupancy rate is above the statewide | 45989 |
| average. | 45990 |
| (8) The facility's medicaid utilization rate is above the | 45991 |
| statewide average. | 45992 |
| (9) The facility's case-mix score is above the statewide | 45993 |
| average. | 45994 |
| (E) The director of job and family services shall adopt rules | 45995 |
| under section 5111.02 of the Revised Code as necessary to | 45996 |
| implement this section. The rules shall include rules establishing | 45997 |
| the system for awarding points under division (D) of this section. | 45998 |
| Sec. 5111.235. The department of job and family services | 45999 |
| shall pay a provider for each of the provider's
eligible
| 46000 |
| 46001 | |
| mentally retarded a per resident per day rate for other protected | 46002 |
| costs established prospectively each fiscal year for each | 46003 |
| facility. The rate for each facility shall be the facility's | 46004 |
| desk-reviewed, actual, allowable, per diem other protected costs | 46005 |
| from the calendar year preceding the fiscal year in which the rate | 46006 |
| will be
paid, all adjusted | 46007 |
| 46008 | |
| inflation rate for the eighteen-month period beginning on the | 46009 |
| first day of July of the calendar year preceding the fiscal year | 46010 |
| in which the rate will be paid and ending on the thirty-first day | 46011 |
| of December of that fiscal year. The department shall estimate | 46012 |
| inflation using the consumer price index for all urban consumers | 46013 |
| for nonprescription drugs and medical supplies, as published by | 46014 |
| the United States bureau of labor statistics. If the estimated | 46015 |
| inflation rate for the eighteen-month period is different from the | 46016 |
| actual inflation rate for that period, the difference shall be | 46017 |
| added to or subtracted from the inflation rate estimated for the | 46018 |
| following year. | 46019 |
| Sec. 5111.24. (A) The department of job and family services | 46020 |
| shall pay a provider for each of the provider's eligible nursing | 46021 |
| 46022 | |
| ancillary and support costs established prospectively each fiscal | 46023 |
|
year for each | 46024 |
| in division (E) of this section. The rate shall be based on the | 46025 |
| prices for nursing facility's ancillary and support costs. The | 46026 |
| rate for each | 46027 |
| 46028 | |
| 46029 |
| | 46030 |
| 46031 | |
| 46032 | |
| 46033 |
| | 46034 |
| | 46035 |
| 46036 | |
| 46037 | |
| 46038 | |
| 46039 |
| | 46040 |
| 46041 | |
| 46042 |
| | 46043 |
| 46044 | |
| 46045 |
| | 46046 |
| 46047 | |
| amount
that is | 46048 |
| desk-reviewed, actual,
allowable, per diem | 46049 |
| and support cost of the facility in the peer group that has the | 46050 |
| group's median medicaid inpatient day for | 46051 |
| 46052 | |
| adjusted annually by the inflation rate estimated under division | 46053 |
| 46054 | |
| each peer group,
the department shall | 46055 |
| following: | 46056 |
| (1) Use the greater of each nursing facility's actual | 46057 |
| inpatient days for calendar year 2005 or the inpatient days the | 46058 |
| facility would have had for calendar year 2005 if its occupancy | 46059 |
| rate had been ninety per cent; | 46060 |
| (2) Exclude from its calculations both of the following: | 46061 |
| (a) Facilities in the group that participated in the | 46062 |
| 46063 | |
| less than twelve months in | 46064 |
| 46065 |
| (b) Facilities in the group whose | 46066 |
| support costs are more than | 46067 |
| deviation from the mean desk-reviewed, actual, allowable, per diem | 46068 |
| 46069 | |
| facilities in the group for | 46070 |
| 46071 |
| | 46072 |
| Beginning in fiscal year 2010 and every three years thereafter, | 46073 |
| the | 46074 |
| ancillary and support costs for each peer group | 46075 |
| 46076 | |
| 46077 | |
| The rate shall be calculated as under division (A) of this | 46078 |
| section, except that references to calendar year 2005 in that | 46079 |
| division shall be deemed to be references to the calendar year | 46080 |
| preceding the fiscal year for which the rate will be paid. | 46081 |
| | 46082 |
|
for | 46083 |
| or (B) | 46084 |
| that it receives after
the | 46085 |
| shall recalculate the
| 46086 |
| support costs only if it made an error in
computing the | 46087 |
| rate based on the information available at the time of the | 46088 |
| original calculation. | 46089 |
| | 46090 |
| 46091 | |
| 46092 | |
| 46093 | |
| 46094 | |
| 46095 | |
| 46096 | |
| 46097 | |
| 46098 |
| | 46099 |
| 46100 | |
| rate of inflation for the twelve-month period beginning on the | 46101 |
| first day of January preceding the fiscal year in which the rate | 46102 |
| will be paid and ending on the thirty-first day of December of the | 46103 |
| fiscal year in which the rate will be paid, using the consumer | 46104 |
| price
index for | 46105 |
| for the north central region, published by the United States | 46106 |
| bureau of labor statistics. | 46107 |
| | 46108 |
| 46109 | |
| inflation rate for the relevant time period, as measured using the | 46110 |
| same index, the difference shall be added to or subtracted from | 46111 |
| the inflation rate estimated for the same purpose pursuant to this | 46112 |
| division for the following fiscal year. | 46113 |
| | 46114 |
| 46115 | |
| 46116 | |
| 46117 | |
| 46118 | |
| 46119 | |
| 46120 | |
| section that are the same as the peer groups specified in rules | 46121 |
| that were authorized by this section as this section existed on | 46122 |
| the day before the effective date of this amendment and were in | 46123 |
| effect on January 1, 2004, except that nursing facilities located | 46124 |
| in Ottawa, Erie, Morrow, Union, or Preble counties shall be added | 46125 |
| to the metropolitan statistical area peer group specified in those | 46126 |
| rules. | 46127 |
| Sec. 5111.241. (A) The department of job and family services | 46128 |
| shall pay a provider for each of the provider's eligible | 46129 |
| intermediate care | 46130 |
| per resident per day rate for indirect care costs established | 46131 |
| prospectively each fiscal year for each facility. The rate for | 46132 |
| each intermediate care facility for the mentally retarded shall be | 46133 |
| the sum of the following, but shall not exceed the maximum rate | 46134 |
| established for the facility's peer group under division (B) of | 46135 |
| this section: | 46136 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 46137 |
| indirect care costs from the calendar year preceding the fiscal | 46138 |
| year in which the rate will be paid, adjusted for the inflation | 46139 |
| rate estimated under division (C)(1) of this section; | 46140 |
| (2) An efficiency incentive in the following amount: | 46141 |
| (a) For fiscal years ending in even-numbered calendar years: | 46142 |
| (i) In the case of intermediate care facilities for the | 46143 |
| mentally retarded with more than eight beds, seven and one-tenth | 46144 |
| per cent of the maximum rate established for the facility's peer | 46145 |
| group under division (B) of this section; | 46146 |
| (ii) In the case of intermediate care facilities for the | 46147 |
| mentally retarded with eight or fewer beds, seven per cent of the | 46148 |
| maximum rate established for the facility's peer group under | 46149 |
| division (B) of this section; | 46150 |
| (b) For fiscal years ending in odd-numbered calendar years, | 46151 |
| the amount calculated for the preceding fiscal year under division | 46152 |
| (A)(2)(a) of this section. | 46153 |
| (B)(1) The maximum rate for indirect care costs for each peer | 46154 |
| group of intermediate care facilities for the mentally retarded | 46155 |
| with more than eight beds specified in rules adopted under | 46156 |
| division (D) of this section shall be determined as follows: | 46157 |
| (a) For fiscal years ending in even-numbered calendar years, | 46158 |
| the maximum rate for each peer group shall be the rate that is no | 46159 |
| less than twelve and four-tenths per cent above the median | 46160 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 46161 |
| all intermediate care facilities for the mentally retarded with | 46162 |
| more than eight beds in the group, excluding facilities in the | 46163 |
| group whose indirect care costs for that period are more than | 46164 |
| three standard deviations from the mean desk-reviewed, actual, | 46165 |
| allowable, per diem indirect care cost for all intermediate care | 46166 |
| facilities for the mentally retarded with more than eight beds, | 46167 |
| for the calendar year preceding the fiscal year in which the rate | 46168 |
| will be paid, adjusted by the inflation rate estimated under | 46169 |
| division (C)(1) of this section. | 46170 |
| (b) For fiscal years ending in odd-numbered calendar years, | 46171 |
| the maximum rate for each peer group is the group's maximum rate | 46172 |
| for the previous fiscal year, adjusted for the inflation rate | 46173 |
| estimated under division (C)(2) of this section. | 46174 |
| (2) The maximum rate for indirect care costs for each peer | 46175 |
| group of intermediate care facilities for the mentally retarded | 46176 |
| with eight or fewer beds specified in rules adopted under division | 46177 |
| (D) of this section shall be determined as follows: | 46178 |
| (a) For fiscal years ending in even-numbered calendar years, | 46179 |
| the maximum rate for each peer group shall be the rate that is no | 46180 |
| less than ten and three-tenths per cent above the median | 46181 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 46182 |
| all intermediate care facilities for the mentally retarded with | 46183 |
| eight or fewer beds in the group, excluding facilities in the | 46184 |
| group whose indirect care costs are more than three standard | 46185 |
| deviations from the mean desk-reviewed, actual, allowable, per | 46186 |
| diem indirect care cost for all intermediate care facilities for | 46187 |
| the mentally retarded with eight or fewer beds, for the calendar | 46188 |
| year preceding the fiscal year in which the rate will be paid, | 46189 |
| adjusted by the inflation rate estimated under division (C)(1) of | 46190 |
| this section. | 46191 |
| (b) For fiscal years that end in odd-numbered calendar years, | 46192 |
| the maximum rate for each peer group is the group's maximum rate | 46193 |
| for the previous fiscal year, adjusted for the inflation rate | 46194 |
| estimated under division (C)(2) of this section. | 46195 |
| (3) The department shall not recalculate a maximum rate for | 46196 |
| indirect care costs under division (B)(1) or (2) of this section | 46197 |
| based on additional information that it receives after the maximum | 46198 |
| rate is set. The department shall recalculate the maximum rate for | 46199 |
| indirect care costs only if it made an error in computing the | 46200 |
| maximum rate based on the information available at the time of the | 46201 |
| original calculation. | 46202 |
| (C)(1) When adjusting rates for inflation under divisions | 46203 |
| (A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department | 46204 |
| shall estimate the rate of inflation for the eighteen-month period | 46205 |
| beginning on the first day of July of the calendar year preceding | 46206 |
| the fiscal year in which the rate will be paid and ending on the | 46207 |
| thirty-first day of December of the fiscal year in which the rate | 46208 |
| will be paid, using the consumer price index for all items for all | 46209 |
| urban consumers for the north central region, published by the | 46210 |
| United States bureau of labor statistics. | 46211 |
| (2) When adjusting rates for inflation under divisions | 46212 |
| (B)(1)(b) and (B)(2)(b) of this section, the department shall | 46213 |
| estimate the rate of inflation for the twelve-month period | 46214 |
| beginning on the first day of January of the fiscal year preceding | 46215 |
| the fiscal year in which the rate will be paid and ending on the | 46216 |
| thirty-first day of December of the fiscal year in which the rate | 46217 |
| will be paid, using the consumer price index for all items for all | 46218 |
| urban consumers for the north central region, published by the | 46219 |
| United States bureau of labor statistics. | 46220 |
| (3) If an inflation rate estimated under division (C)(1) or | 46221 |
| (2) of this section is different from the actual inflation rate | 46222 |
| for the relevant time period, as measured using the same index, | 46223 |
| the difference shall be added to or subtracted from the inflation | 46224 |
| rate estimated pursuant to this division for the following fiscal | 46225 |
| year. | 46226 |
| (D) The director of job and family services shall adopt rules | 46227 |
| 46228 | |
| Revised Code that specify peer groups of intermediate care | 46229 |
| facilities for the mentally retarded with more than eight beds, | 46230 |
| and peer groups of intermediate care facilities for the mentally | 46231 |
| retarded with eight or fewer beds, based on findings of | 46232 |
| significant per diem indirect care cost differences due to | 46233 |
| geography and facility bed-size. The rules also may specify peer | 46234 |
| groups based on findings of significant per diem indirect care | 46235 |
| cost differences due to other factors, including case-mix. | 46236 |
| Sec. 5111.242. The department of job and family services | 46237 |
| shall pay each eligible nursing facility a per resident per day | 46238 |
| rate equal to the desk-reviewed, actual, allowable taxes imposed | 46239 |
| under Chapter 5751. of the Revised Code, real estate taxes, | 46240 |
| personal property taxes, and corporate franchise taxes the nursing | 46241 |
| facility paid during the calendar year preceding the fiscal year | 46242 |
| for which the payment is made divided by the number of inpatient | 46243 |
| days the facility would have had had its occupancy rate been one | 46244 |
| hundred per cent during that calendar year. | 46245 |
| Sec. 5111.25. (A) The department of job and family services | 46246 |
| shall pay a provider for each of the provider's eligible nursing | 46247 |
| 46248 | |
| capital costs established prospectively each fiscal year for each | 46249 |
| facility. Except as otherwise provided in sections 5111.20 to | 46250 |
| 46251 | |
| the facility's capital costs for the calendar year preceding the | 46252 |
| fiscal year in which the rate will be paid. The rate shall equal | 46253 |
| the sum of divisions (A)(1) | 46254 |
| (1) The lesser of the following: | 46255 |
| (a) | 46256 |
| per cent of the facility's desk-reviewed, actual, allowable, per | 46257 |
| diem | 46258 |
| 46259 | |
| 46260 |
| (b) | 46261 |
| 46262 |
| (i) For | 46263 |
| 2008, | 46264 |
| (ii) | 46265 |
| 46266 | |
| 46267 | |
| 46268 | |
| 46269 | |
| 46270 |
| | 46271 |
| during the previous fiscal year, adjusted to reflect the rate of | 46272 |
| inflation for the twelve-month period beginning on the first day | 46273 |
| of July for the calendar year preceding the calendar year that | 46274 |
| precedes the fiscal year and ending on the following thirtieth day | 46275 |
| of June, using the consumer price index for shelter costs for all | 46276 |
| urban consumers for the north central region, published by the | 46277 |
| United States bureau of labor statistics. | 46278 |
| (2) Any efficiency incentive determined under division (D) of | 46279 |
| this section | 46280 |
| | 46281 |
| 46282 |
| Buildings shall be depreciated using the straight line method | 46283 |
| over forty years or over a different period approved by the | 46284 |
| department. Components and equipment shall be depreciated using | 46285 |
| the straight-line method over a period designated in rules adopted | 46286 |
| 46287 | |
| 46288 | |
| with the guidelines of the American hospital association, or over | 46289 |
| a different period
approved by the
department. Any rules | 46290 |
| 46291 | |
| buildings, components, or equipment apply only to assets acquired | 46292 |
| on or after July 1, 1993. Depreciation for costs paid or | 46293 |
| reimbursed by any government agency
shall not be included
in | 46294 |
| 46295 | |
|
payment under sections 5111.20 to | 46296 |
| Code is used to reimburse the government agency. | 46297 |
| (B) The capital cost basis of nursing facility assets shall | 46298 |
| be determined in the following manner: | 46299 |
| (1) | 46300 |
| 46301 | |
| 46302 | |
| 46303 |
| | 46304 |
| 46305 | |
| 46306 | |
| 46307 | |
| 46308 | |
| 46309 | |
| 46310 | |
| 46311 | |
| 46312 |
| | 46313 |
| 46314 | |
| 46315 | |
| 46316 | |
| 46317 |
| | 46318 |
| 46319 | |
| 46320 | |
| 46321 |
| | 46322 |
| 46323 | |
| 46324 | |
| 46325 | |
| 46326 | |
| 46327 | |
| 46328 | |
| 46329 | |
| 46330 | |
| 46331 | |
| 46332 | |
| 46333 |
| | 46334 |
|
for purposes of calculating the rates to be paid for
| 46335 |
| 46336 | |
| licensure on or before June 30, 1993, the capital cost basis of | 46337 |
| each asset shall be equal to the desk-reviewed, actual, allowable, | 46338 |
| capital cost basis that is listed on the facility's cost report | 46339 |
| for the calendar year preceding the fiscal year during which the | 46340 |
| rate will be paid. | 46341 |
| | 46342 |
| 1993, the capital cost basis shall be determined in accordance | 46343 |
| with the principles of the medicare program established under | 46344 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 46345 |
| U.S.C.A. 301, as amended, except as otherwise provided in sections | 46346 |
|
5111.20 to | 46347 |
| | 46348 |
| section, if a provider transfers an interest in a facility to | 46349 |
| another provider after June 30, 1993, there shall be no increase | 46350 |
| in the capital cost basis of the asset if the providers are | 46351 |
| related parties or the provider to which the interest is | 46352 |
| transferred authorizes the provider that transferred the interest | 46353 |
| to continue to operate the facility under a lease, management | 46354 |
| agreement, or other arrangement. If
the | 46355 |
| 46356 | |
| 46357 | |
| adjustment of the capital cost basis under this division, the | 46358 |
| basis of the asset shall be adjusted by the lesser of the | 46359 |
| following: | 46360 |
| (a) One-half of the change in construction costs during the | 46361 |
| time that the transferor held the asset, as calculated by the | 46362 |
| department of job and family services using the "Dodge building | 46363 |
| cost indexes, northeastern and north central states," published by | 46364 |
| Marshall and Swift; | 46365 |
| (b) One-half of the change in the consumer price index for | 46366 |
| all items for all urban consumers, as published by the United | 46367 |
| States bureau of labor statistics, during the time that the | 46368 |
| transferor held the asset. | 46369 |
| | 46370 |
| another provider who is a related party, the capital cost basis of | 46371 |
|
the asset
shall be adjusted as specified in division
(B) | 46372 |
|
this section | 46373 |
| 46374 |
| (a) The related party is a relative of owner; | 46375 |
| (b) Except as provided in division
(B) | 46376 |
| section, the provider making the transfer retains no ownership | 46377 |
| interest in the facility; | 46378 |
| (c) The department of job and family services determines that | 46379 |
| the transfer is an arm's length
transaction
pursuant to
rules
| 46380 |
| 46381 | |
| under section 5111.02
of the
Revised Code | 46382 |
| 46383 | |
| length transaction if all of the following apply: | 46384 |
| (i) Once the transfer goes into effect, the provider that | 46385 |
| made the transfer has no direct or indirect interest in the | 46386 |
| provider that acquires the facility or the facility itself, | 46387 |
| including interest as an owner, officer, director, employee, | 46388 |
| independent contractor, or consultant, but excluding interest as a | 46389 |
| creditor. | 46390 |
| (ii) The provider that made the transfer does not reacquire | 46391 |
| an interest in the facility except through the exercise of a | 46392 |
| creditor's rights in the event of a default. If the provider | 46393 |
| reacquires an interest in the facility in this manner, the | 46394 |
| department shall treat the facility as if the transfer never | 46395 |
| occurred when the department calculates its reimbursement rates | 46396 |
| for capital costs. | 46397 |
| (iii) The transfer satisfies any other criteria specified in | 46398 |
| the rules. | 46399 |
| (d) Except in the case of hardship caused by a catastrophic | 46400 |
| event, as determined by the department, or in the case of a | 46401 |
| provider making the transfer who is at least sixty-five years of | 46402 |
| age, not less than twenty years have elapsed since, for the same | 46403 |
| facility, the capital cost basis was adjusted most recently under | 46404 |
|
division
(B) | 46405 |
| ownership was determined most recently under division (C)(9) of | 46406 |
| this section. | 46407 |
| (C) As used in this division | 46408 |
| "Imputed interest" means the lesser of the prime rate plus | 46409 |
| two per cent or ten per cent. | 46410 |
| "Lease expense" means lease payments in the case of an | 46411 |
| operating lease and depreciation expense and interest expense in | 46412 |
| the case of a capital lease. | 46413 |
| "New lease" means a lease, to a different lessee, of a | 46414 |
| nursing facility that previously was operated under a lease. | 46415 |
| (1) Subject to the limitation specified in division (A)(1) of | 46416 |
| this section, for a lease of a facility that was effective on May | 46417 |
| 27, 1992, the entire lease expense is an actual, allowable capital | 46418 |
|
cost | 46419 |
|
entire lease expense also is an actual, allowable capital cost | 46420 |
| 46421 | |
| under either of the following circumstances: | 46422 |
| (a) The renewal is pursuant to a renewal option that was in | 46423 |
| existence on May 27, 1992; | 46424 |
| (b) The renewal is for the same lease payment amount and | 46425 |
| between the same parties as the lease in existence on May 27, | 46426 |
| 1992. | 46427 |
| (2) Subject to the limitation specified in division (A)(1) of | 46428 |
| this section, for a lease of a facility that was in existence but | 46429 |
| not operated under a lease on May 27, 1992, actual, allowable
| 46430 |
| 46431 | |
| lease expense or the annual depreciation expense and imputed | 46432 |
| interest expense that would be calculated at the inception of the | 46433 |
| lease using the lessor's entire historical capital asset cost | 46434 |
| basis, adjusted by the lesser of the following amounts: | 46435 |
| (a) One-half of the change in construction costs during the | 46436 |
| time the lessor held each asset until the beginning of the lease, | 46437 |
| as calculated by the department using the "Dodge building cost | 46438 |
| indexes, northeastern and north central states," published by | 46439 |
| Marshall and Swift; | 46440 |
| (b) One-half of the change in the consumer price index for | 46441 |
| all items for all urban consumers, as published by the United | 46442 |
| States bureau of labor statistics, during the time the lessor held | 46443 |
| each asset until the beginning of the lease. | 46444 |
| (3) Subject to the limitation specified in division (A)(1) of | 46445 |
| this section, for a lease of a facility with a date of licensure | 46446 |
| on or after May 27, 1992, that is initially operated under a | 46447 |
| lease, actual, allowable | 46448 |
| include the annual lease expense if there was a substantial | 46449 |
| commitment of money for construction of the facility after | 46450 |
| December 22, 1992, and before July 1, 1993. If there was not a | 46451 |
| substantial commitment of money after December 22, 1992, and | 46452 |
| before July 1,
1993, actual, allowable | 46453 |
| costs shall include the lesser of the annual lease expense or the | 46454 |
| sum of the following: | 46455 |
| (a) The annual depreciation expense that would be calculated | 46456 |
| at the inception of the lease using the lessor's entire historical | 46457 |
| capital asset cost basis; | 46458 |
| (b) The greater of the lessor's actual annual amortization of | 46459 |
| financing costs and interest expense at the inception of the lease | 46460 |
| or the imputed interest expense calculated at the inception of the | 46461 |
| lease using seventy per cent of the lessor's historical capital | 46462 |
| asset cost basis. | 46463 |
| (4) Subject to the limitation specified in division (A)(1) of | 46464 |
| this section, for a lease of a facility with a date of licensure | 46465 |
| on or after May 27, 1992, that was not initially operated under a | 46466 |
| lease and has been in existence for ten years, actual, allowable | 46467 |
| 46468 | |
| annual lease expense or the annual depreciation expense and | 46469 |
| imputed interest expense that would be calculated at the inception | 46470 |
| of the lease using the entire historical capital asset cost basis | 46471 |
| of the lessor, adjusted by the lesser of the following: | 46472 |
| (a) One-half of the change in construction costs during the | 46473 |
| time the lessor held each asset until the beginning of the lease, | 46474 |
| as calculated by the department using the "Dodge building cost | 46475 |
| indexes, northeastern and north central states," published by | 46476 |
| Marshall and Swift; | 46477 |
| (b) One-half of the change in the consumer price index for | 46478 |
| all items for all urban consumers, as published by the United | 46479 |
| States bureau of labor statistics, during the time the lessor held | 46480 |
| each asset until the beginning of the lease. | 46481 |
| (5) Subject to the limitation specified in division (A)(1) of | 46482 |
| this section, for a new lease of a facility that was operated | 46483 |
|
under a lease on May 27, 1992, actual, allowable | 46484 |
| capital costs shall include the lesser of the annual new lease | 46485 |
| expense or the annual old lease payment. If the old lease was in | 46486 |
| effect for ten years or longer, the old lease payment from the | 46487 |
| beginning of the old lease shall be adjusted by the lesser of the | 46488 |
| following: | 46489 |
| (a) One-half of the change in construction costs from the | 46490 |
| beginning of the old lease to the beginning of the new lease, as | 46491 |
| calculated by the department using the "Dodge building cost | 46492 |
| indexes, northeastern and north central states," published by | 46493 |
| Marshall and Swift; | 46494 |
| (b) One-half of the change in the consumer price index for | 46495 |
| all items for all urban consumers, as published by the United | 46496 |
| States bureau of labor statistics, from the beginning of the old | 46497 |
| lease to the beginning of the new lease. | 46498 |
| (6) Subject to the limitation specified in division (A)(1) of | 46499 |
| this section, for a new lease of a facility that was not in | 46500 |
| existence or that was in existence but not operated under a lease | 46501 |
|
on May 27, 1992, actual, allowable | 46502 |
| shall include the lesser of annual new lease expense or the annual | 46503 |
| amount calculated for the old lease under division (C)(2), (3), | 46504 |
| (4), or (6) of this section, as applicable. If the old lease was | 46505 |
| in effect for ten years or longer, the lessor's historical capital | 46506 |
| asset cost basis shall be adjusted by the lesser of the following | 46507 |
| for purposes of calculating the annual amount under division | 46508 |
| (C)(2), (3), (4), or (6) of this section: | 46509 |
| (a) One-half of the change in construction costs from the | 46510 |
| beginning of the old lease to the beginning of the new lease, as | 46511 |
| calculated by the department using the "Dodge building cost | 46512 |
| indexes, northeastern and north central states," published by | 46513 |
| Marshall and Swift; | 46514 |
| (b) One-half of the change in the consumer price index for | 46515 |
| all items for all urban consumers, as published by the United | 46516 |
| States bureau of labor statistics, from the beginning of the old | 46517 |
| lease to the beginning of the new lease. | 46518 |
| In the case of a lease under division (C)(3) of this section | 46519 |
| of a facility for which a substantial commitment of money was made | 46520 |
| after December 22, 1992, and before July 1, 1993, the old lease | 46521 |
| payment shall be adjusted for the purpose of determining the | 46522 |
| annual amount. | 46523 |
| (7) For any revision of a lease described in division (C)(1), | 46524 |
| (2), (3), (4), (5), or (6) of this section, or for any subsequent | 46525 |
| lease of a facility operated under such a lease, other than | 46526 |
| execution of a new lease, the portion of actual, allowable
| 46527 |
| 46528 | |
| same as before the revision or subsequent lease. | 46529 |
| (8) Except as provided in division (C)(9) of this section, if | 46530 |
| a provider leases an interest in a facility to another provider | 46531 |
| who is a related party or previously operated the facility, the | 46532 |
| related party's or previous operator's actual, allowable | 46533 |
| 46534 | |
| lease expense or the reasonable cost to the lessor. | 46535 |
| (9) If a provider leases an interest in a facility to another | 46536 |
| provider who is a related party, regardless of the date of the | 46537 |
| lease, the related
party's actual, allowable | 46538 |
| capital costs shall include the annual lease expense, subject to | 46539 |
| the limitations specified in divisions (C)(1) to (7) of this | 46540 |
| section, if all of the following conditions are met: | 46541 |
| (a) The related party is a relative of owner; | 46542 |
| (b) If the lessor retains an ownership interest, it is, | 46543 |
| except as provided in division (C)(9)(c)(ii) of this section, in | 46544 |
| only the real property and any improvements on the real property; | 46545 |
| (c) The department of job and family services determines that | 46546 |
| the lease is an arm's length transaction
pursuant to
rules
| 46547 |
| 46548 | |
| under section 5111.02
of the
Revised Code | 46549 |
| 46550 | |
| transaction if all of the following apply: | 46551 |
| (i) Once the lease goes into effect, the lessor has no direct | 46552 |
| or indirect interest in the lessee or, except as provided in | 46553 |
| division (C)(9)(b) of this section, the facility itself, including | 46554 |
| interest as an owner, officer, director, employee, independent | 46555 |
| contractor, or consultant, but excluding interest as a lessor. | 46556 |
| (ii) The lessor does not reacquire an interest in the | 46557 |
| facility except through the exercise of a lessor's rights in the | 46558 |
| event of a default. If the lessor reacquires an interest in the | 46559 |
| facility in this manner, the department shall treat the facility | 46560 |
| as if the lease never occurred when the department calculates its | 46561 |
| reimbursement rates for capital costs. | 46562 |
| (iii) The lease satisfies any other criteria specified in the | 46563 |
| rules. | 46564 |
| (d) Except in the case of hardship caused by a catastrophic | 46565 |
| event, as determined by the department, or in the case of a lessor | 46566 |
| who is at least sixty-five years of age, not less than twenty | 46567 |
| years have elapsed since, for the same facility, the capital cost | 46568 |
| basis was adjusted most recently under division (B)(5) of this | 46569 |
|
section or
actual, allowable | 46570 |
| were determined most recently under division (C)(9) of this | 46571 |
| section. | 46572 |
| (10) This division does not apply to leases of specific items | 46573 |
| of equipment. | 46574 |
| (D)(1) Subject to division (D)(2) of this section, the | 46575 |
| department shall pay a provider for each of the provider's | 46576 |
| eligible nursing | 46577 |
| is equal to fifty per cent of the difference between the | 46578 |
| following: | 46579 |
| (a) | 46580 |
| per cent of the facility's desk-reviewed, actual, allowable, per | 46581 |
| diem | 46582 |
| (b) | 46583 |
| 46584 |
| (2) The efficiency incentive paid to a nursing facility shall | 46585 |
| not exceed | 46586 |
| | 46587 |
| 46588 |
| | 46589 |
| 46590 | |
| 46591 | |
| 46592 | |
| 46593 | |
| 46594 | |
| 46595 | |
| 46596 | |
| 46597 |
| | 46598 |
| 46599 | |
| 46600 | |
| 46601 | |
| 46602 |
| | 46603 |
| 46604 |
| | 46605 |
| 46606 |
| | 46607 |
| 46608 |
| | 46609 |
| 46610 | |
| 46611 |
| | 46612 |
| 46613 | |
| 46614 |
| | 46615 |
| 46616 |
| | 46617 |
| 46618 | |
| 46619 |
| | 46620 |
| 46621 | |
| 46622 | |
| 46623 |
| | 46624 |
| 46625 | |
| 46626 |
| | 46627 |
| 46628 |
| | 46629 |
| 46630 | |
| 46631 |
| | 46632 |
| 46633 | |
| 46634 | |
| 46635 |
| | 46636 |
| 46637 | |
| 46638 | |
| 46639 |
| | 46640 |
| 46641 | |
| 46642 |
| | 46643 |
| 46644 |
| | 46645 |
| 46646 | |
| 46647 |
| | 46648 |
| 46649 | |
| 46650 | |
| 46651 |
| | 46652 |
| 46653 | |
| 46654 | |
| 46655 |
| | 46656 |
| 46657 | |
| 46658 |
| | 46659 |
| 46660 | |
| 46661 |
| | 46662 |
| 46663 |
| | 46664 |
| 46665 | |
| 46666 | |
| 46667 |
| | 46668 |
| 46669 | |
| 46670 | |
| 46671 | |
| 46672 |
| | 46673 |
| 46674 | |
| 46675 | |
| 46676 |
| | 46677 |
| 46678 | |
| 46679 |
| | 46680 |
| 46681 | |
| 46682 | |
| 46683 | |
| 46684 | |
| 46685 | |
| 46686 |
| | 46687 |
| 46688 | |
| 46689 | |
| 46690 | |
| 46691 | |
| 46692 | |
| 46693 | |
| 46694 | |
| 46695 | |
| 46696 | |
| 46697 | |
| 46698 | |
| 46699 |
| | 46700 |
| 46701 | |
| 46702 | |
| 46703 | |
| 46704 | |
| 46705 | |
| 46706 | |
| 46707 |
| | 46708 |
| 46709 | |
| 46710 | |
| 46711 | |
| 46712 | |
| 46713 | |
| 46714 | |
| 46715 | |
| 46716 | |
| 46717 |
| | 46718 |
| 46719 | |
| 46720 |
| | 46721 |
| 46722 | |
| 46723 | |
| 46724 | |
| 46725 |
| | 46726 |
| 46727 | |
| 46728 | |
| 46729 | |
| 46730 | |
| 46731 | |
| 46732 | |
| 46733 | |
| 46734 | |
| 46735 | |
| 46736 | |
| 46737 | |
| 46738 | |
| 46739 | |
| 46740 | |
| 46741 | |
| 46742 |
| | 46743 |
| 46744 | |
| 46745 | |
| 46746 | |
| 46747 | |
| 46748 |
| | 46749 |
| 46750 | |
| department of job and family services at least forty-five days | 46751 |
| prior to entering into any contract of sale for the facility or | 46752 |
| voluntarily
terminating participation in the | 46753 |
| medicaid program. After the date on which a transaction of sale is | 46754 |
| closed, the | 46755 |
| amount of excess depreciation paid to the provider for the | 46756 |
| facility by the
department for each year the | 46757 |
| operated the facility under a provider agreement and prorated | 46758 |
| according to the number of medicaid patient days for which the | 46759 |
| 46760 | |
| nursing facility is sold after five or fewer years of operation | 46761 |
| under a provider agreement, the refund to the department shall be | 46762 |
| equal to the excess depreciation paid to the provider for the | 46763 |
| facility. If a nursing facility is sold after more than five years | 46764 |
| but less than ten years of operation under a provider agreement, | 46765 |
| the refund to the department shall equal the excess depreciation | 46766 |
| paid to the provider for the facility multiplied by twenty per | 46767 |
| cent, multiplied by the difference between ten and the number of | 46768 |
| years that the facility was operated under a provider agreement. | 46769 |
| If a nursing facility is sold after ten or more years of operation | 46770 |
| under a provider agreement, the | 46771 |
| any excess depreciation to the department. The
| 46772 |
| facility that is sold or that voluntarily terminates participation | 46773 |
|
in the | 46774 |
| other amount that the department properly finds to be due after | 46775 |
| the audit conducted under this division. For the purposes of this | 46776 |
| division, "depreciation paid to the provider for the facility" | 46777 |
| means the amount paid to the provider for the nursing facility for | 46778 |
| 46779 | |
| amount paid for interest costs, amortization of financing costs, | 46780 |
| and lease expenses. For the purposes of this division, "excess | 46781 |
| depreciation" is the nursing facility's depreciated basis, which | 46782 |
| is the | 46783 |
| subtracted from the purchase price net of selling costs but not | 46784 |
| exceeding the amount of depreciation paid to the provider for the | 46785 |
| facility. | 46786 |
| A cost report shall be filed with the department within | 46787 |
| ninety days after the date on which the transaction of sale is | 46788 |
| closed or participation is voluntarily terminated. The report | 46789 |
| shall show the accumulated depreciation, the sales price, and | 46790 |
| other information required by the department. The department shall | 46791 |
| provide for a bank, trust company, or savings and loan association | 46792 |
| to hold in escrow the amount of the last two monthly payments to a | 46793 |
| provider of a nursing facility made pursuant to division (A)(1) of | 46794 |
| section 5111.22 of the Revised Code before a sale or termination | 46795 |
|
of participation
or, if the | 46796 |
| required by this division, to notify the department before | 46797 |
| entering into a contract of sale for the facility, the amount of | 46798 |
| the first two monthly payments made to the provider for the | 46799 |
| facility after the department learns of the contract, regardless | 46800 |
| of whether a new owner is in possession of the facility. If the | 46801 |
|
amount the | 46802 |
| section is likely to be less than the amount of the two monthly | 46803 |
| payments otherwise put into escrow under this division, the | 46804 |
| department shall take one of the following actions instead of | 46805 |
| withholding the amount of the two monthly payments: | 46806 |
| (1) In the case of | 46807 |
| facilities
that
participate in the | 46808 |
| program, obtain a promissory note in an amount sufficient to cover | 46809 |
| the amount likely to be refunded; | 46810 |
| (2) In the case of all other | 46811 |
| amount of the last monthly payment to the provider for the nursing | 46812 |
| facility
or, if the | 46813 |
| by this division, to notify the department before entering into a | 46814 |
| contract of sale for the facility, the amount of the first monthly | 46815 |
| payment made to the provider for the facility after the department | 46816 |
| learns of the contract, regardless of whether a new owner is in | 46817 |
| possession of the facility. | 46818 |
| The department shall, within ninety days following the filing | 46819 |
| of the cost report, audit the cost report and issue an audit | 46820 |
|
report to the | 46821 |
|
other cost
report that the | 46822 |
| previous three years for the facility. In the audit report, the | 46823 |
| department shall state its findings and the amount of any money | 46824 |
| owed to the department by
the
| 46825 |
| findings shall be subject to adjudication conducted in accordance | 46826 |
| with Chapter 119. of the Revised Code. No later than fifteen days | 46827 |
| after the | 46828 |
| escrow less any amounts due to the department shall be released to | 46829 |
| the | 46830 |
| to the department. If the amounts in escrow are less than the | 46831 |
| amounts due to the department, the balance shall be paid to the | 46832 |
| department within fifteen days after
the | 46833 |
| a settlement. If the department does not issue its audit report | 46834 |
| within the ninety-day period, the department shall release any | 46835 |
| money held in escrow to the | 46836 |
| this section, a transfer of corporate stock, the merger of one | 46837 |
| corporation into another, or a consolidation does not constitute a | 46838 |
| sale. Also, a change of ownership, lease, or termination of a | 46839 |
| lease of real or personal property associated with a nursing | 46840 |
| facility does not constitute a sale if there is no change in the | 46841 |
| operator of the facility. | 46842 |
| If a nursing facility is not sold or its participation is not | 46843 |
| terminated after notice is provided to the department under this | 46844 |
| division, the department shall order any payments held in escrow | 46845 |
|
released to the | 46846 |
|
from the
| 46847 |
| After
written
notice is received from a | 46848 |
| that a sale or
termination will not take place, the | 46849 |
| provider shall provide notice to the department at least | 46850 |
| forty-five days prior to entering into any contract of sale or | 46851 |
| terminating participation at any future time. | 46852 |
| | 46853 |
| 46854 | |
| 46855 | |
| 46856 | |
| 46857 | |
| 46858 | |
| 46859 |
| | 46860 |
| 46861 | |
| 46862 | |
| 46863 | |
| 46864 |
| | 46865 |
| 46866 | |
| 46867 | |
| 46868 | |
| 46869 | |
| 46870 | |
| 46871 | |
| 46872 | |
| 46873 | |
| 46874 | |
| 46875 | |
| 46876 | |
| 46877 | |
| 46878 |
| Sec. 5111.251. (A) The department of job and family services | 46879 |
| shall pay a provider for each of the provider's eligible | 46880 |
| intermediate care | 46881 |
| for its reasonable capital costs, a per resident per day rate | 46882 |
| established prospectively each fiscal year for each intermediate | 46883 |
| care facility for the mentally retarded. Except as otherwise | 46884 |
| provided in sections 5111.20 to | 46885 |
| Code, the rate shall be based on the facility's capital costs for | 46886 |
| the calendar year preceding the fiscal year in which the rate will | 46887 |
| be paid. The rate shall equal the sum of the following: | 46888 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 46889 |
| cost of ownership for the preceding cost reporting period, limited | 46890 |
| as provided in divisions (C) and (F) of this section; | 46891 |
| (2) Any efficiency incentive determined under division (B) of | 46892 |
| this section; | 46893 |
| (3) Any amounts for renovations determined under division (D) | 46894 |
| of this section; | 46895 |
| (4) Any amounts for return on equity determined under | 46896 |
| division (I) of this section. | 46897 |
| Buildings shall be depreciated using the straight line method | 46898 |
| over forty years or over a different period approved by the | 46899 |
| department. Components and equipment shall be depreciated using | 46900 |
| the straight line method over a period designated by the director | 46901 |
|
of job and family services in rules adopted
| 46902 |
| 46903 | |
| with the guidelines of the American hospital association, or over | 46904 |
| a different period approved by the department of job and family | 46905 |
| services. Any rules
| 46906 |
| specify useful lives of buildings, components, or equipment apply | 46907 |
| only to assets acquired on or after July 1, 1993. Depreciation for | 46908 |
| costs paid or reimbursed by any government agency shall not be | 46909 |
| included in costs of ownership or renovation unless that part of | 46910 |
| the
payment under
sections 5111.20 to | 46911 |
| Revised Code is used to reimburse the government agency. | 46912 |
| (B) The department of job and family services shall pay to a | 46913 |
| provider for each of the provider's eligible intermediate care | 46914 |
| 46915 | |
| incentive equal to fifty per cent of the difference between any | 46916 |
| desk-reviewed, actual, allowable cost of ownership and the | 46917 |
| applicable limit on cost of ownership payments under division (C) | 46918 |
| of this section. For purposes of computing the efficiency | 46919 |
| incentive, depreciation for costs paid or reimbursed by any | 46920 |
| government agency shall be considered as a cost of ownership, and | 46921 |
| the applicable limit under division (C) of this section shall | 46922 |
| apply both to facilities with more than eight beds and facilities | 46923 |
| with eight or fewer beds. The efficiency incentive paid to a | 46924 |
| provider for a facility with eight or fewer beds shall not exceed | 46925 |
| three dollars per patient day, adjusted annually for the inflation | 46926 |
| rate for the twelve-month period beginning on the first day of | 46927 |
| July of the calendar year preceding the calendar year that | 46928 |
| precedes the fiscal year for which the efficiency incentive is | 46929 |
| determined and ending on the thirtieth day of the following June, | 46930 |
| using the consumer price index for shelter costs for all urban | 46931 |
| consumers for the north central region, as published by the United | 46932 |
| States bureau of labor statistics. | 46933 |
| (C) Cost of ownership payments | 46934 |
| facilities for the mentally retarded with more than eight beds | 46935 |
| shall not exceed the following limits: | 46936 |
| (1) For facilities with dates of licensure prior to January | 46937 |
| 1, l958, not exceeding two dollars and fifty cents per patient | 46938 |
| day; | 46939 |
| (2) For facilities with dates of licensure after December 31, | 46940 |
| l957, but prior to January 1, l968, not exceeding: | 46941 |
| (a) Three dollars and fifty cents per patient day if the cost | 46942 |
| of construction was three thousand five hundred dollars or more | 46943 |
| per bed; | 46944 |
| (b) Two dollars and fifty cents per patient day if the cost | 46945 |
| of construction was less than three thousand five hundred dollars | 46946 |
| per bed. | 46947 |
| (3) For facilities with dates of licensure after December 31, | 46948 |
| l967, but prior to January 1, l976, not exceeding: | 46949 |
| (a) Four dollars and fifty cents per patient day if the cost | 46950 |
| of construction was five thousand one hundred fifty dollars or | 46951 |
| more per bed; | 46952 |
| (b) Three dollars and fifty cents per patient day if the cost | 46953 |
| of construction was less than five thousand one hundred fifty | 46954 |
| dollars per bed, but exceeds three thousand five hundred dollars | 46955 |
| per bed; | 46956 |
| (c) Two dollars and fifty cents per patient day if the cost | 46957 |
| of construction was three thousand five hundred dollars or less | 46958 |
| per bed. | 46959 |
| (4) For facilities with dates of licensure after December 31, | 46960 |
| l975, but prior to January 1, l979, not exceeding: | 46961 |
| (a) Five dollars and fifty cents per patient day if the cost | 46962 |
| of construction was six thousand eight hundred dollars or more per | 46963 |
| bed; | 46964 |
| (b) Four dollars and fifty cents per patient day if the cost | 46965 |
| of construction was less than six thousand eight hundred dollars | 46966 |
| per bed but exceeds five thousand one hundred fifty dollars per | 46967 |
| bed; | 46968 |
| (c) Three dollars and fifty cents per patient day if the cost | 46969 |
| of construction was five thousand one hundred fifty dollars or | 46970 |
| less per bed, but exceeds three thousand five hundred dollars per | 46971 |
| bed; | 46972 |
| (d) Two dollars and fifty cents per patient day if the cost | 46973 |
| of construction was three thousand five hundred dollars or less | 46974 |
| per bed. | 46975 |
| (5) For facilities with dates of licensure after December 31, | 46976 |
| l978, but prior to January 1, l980, not exceeding: | 46977 |
| (a) Six dollars per patient day if the cost of construction | 46978 |
| was seven thousand six hundred twenty-five dollars or more per | 46979 |
| bed; | 46980 |
| (b) Five dollars and fifty cents per patient day if the cost | 46981 |
| of construction was less than seven thousand six hundred | 46982 |
| twenty-five dollars per bed but exceeds six thousand eight hundred | 46983 |
| dollars per bed; | 46984 |
| (c) Four dollars and fifty cents per patient day if the cost | 46985 |
| of construction was six thousand eight hundred dollars or less per | 46986 |
| bed but exceeds five thousand one hundred fifty dollars per bed; | 46987 |
| (d) Three dollars and fifty cents per patient day if the cost | 46988 |
| of construction was five thousand one hundred fifty dollars or | 46989 |
| less but exceeds three thousand five hundred dollars per bed; | 46990 |
| (e) Two dollars and fifty cents per patient day if the cost | 46991 |
| of construction was three thousand five hundred dollars or less | 46992 |
| per bed. | 46993 |
| (6) For facilities with dates of licensure after December 31, | 46994 |
| 1979, but prior to January 1, 1981, not exceeding: | 46995 |
| (a) Twelve dollars per patient day if the beds were | 46996 |
| originally licensed as residential facility beds by the department | 46997 |
| of mental retardation and developmental disabilities; | 46998 |
| (b) Six dollars per patient day if the beds were originally | 46999 |
| licensed as nursing home beds by the department of health. | 47000 |
| (7) For facilities with dates of licensure after December 31, | 47001 |
| 1980, but prior to January 1, 1982, not exceeding: | 47002 |
| (a) Twelve dollars per patient day if the beds were | 47003 |
| originally licensed as residential facility beds by the department | 47004 |
| of mental retardation and developmental disabilities; | 47005 |
| (b) Six dollars and forty-five cents per patient day if the | 47006 |
| beds were originally licensed as nursing home beds by the | 47007 |
| department of health. | 47008 |
| (8) For facilities with dates of licensure after December 31, | 47009 |
| 1981, but prior to January 1, 1983, not exceeding: | 47010 |
| (a) Twelve dollars per patient day if the beds were | 47011 |
| originally licensed as residential facility beds by the department | 47012 |
| of mental retardation and developmental disabilities; | 47013 |
| (b) Six dollars and seventy-nine cents per patient day if the | 47014 |
| beds were originally licensed as nursing home beds by the | 47015 |
| department of health. | 47016 |
| (9) For facilities with dates of licensure after December 31, | 47017 |
| 1982, but prior to January 1, 1984, not exceeding: | 47018 |
| (a) Twelve dollars per patient day if the beds were | 47019 |
| originally licensed as residential facility beds by the department | 47020 |
| of mental retardation and developmental disabilities; | 47021 |
| (b) Seven dollars and nine cents per patient day if the beds | 47022 |
| were originally licensed as nursing home beds by the department of | 47023 |
| health. | 47024 |
| (10) For facilities with dates of licensure after December | 47025 |
| 31, 1983, but prior to January 1, 1985, not exceeding: | 47026 |
| (a) Twelve dollars and twenty-four cents per patient day if | 47027 |
| the beds were originally licensed as residential facility beds by | 47028 |
| the department of mental retardation and developmental | 47029 |
| disabilities; | 47030 |
| (b) Seven dollars and twenty-three cents per patient day if | 47031 |
| the beds were originally licensed as nursing home beds by the | 47032 |
| department of health. | 47033 |
| (11) For facilities with dates of licensure after December | 47034 |
| 31, 1984, but prior to January 1, 1986, not exceeding: | 47035 |
| (a) Twelve dollars and fifty-three cents per patient day if | 47036 |
| the beds were originally licensed as residential facility beds by | 47037 |
| the department of mental retardation and developmental | 47038 |
| disabilities; | 47039 |
| (b) Seven dollars and forty cents per patient day if the beds | 47040 |
| were originally licensed as nursing home beds by the department of | 47041 |
| health. | 47042 |
| (12) For facilities with dates of licensure after December | 47043 |
| 31, 1985, but prior to January 1, 1987, not exceeding: | 47044 |
| (a) Twelve dollars and seventy cents per patient day if the | 47045 |
| beds were originally licensed as residential facility beds by the | 47046 |
| department of mental retardation and developmental disabilities; | 47047 |
| (b) Seven dollars and fifty cents per patient day if the beds | 47048 |
| were originally licensed as nursing home beds by the department of | 47049 |
| health. | 47050 |
| (13) For facilities with dates of licensure after December | 47051 |
| 31, 1986, but prior to January 1, 1988, not exceeding: | 47052 |
| (a) Twelve dollars and ninety-nine cents per patient day if | 47053 |
| the beds were originally licensed as residential facility beds by | 47054 |
| the department of mental retardation and developmental | 47055 |
| disabilities; | 47056 |
| (b) Seven dollars and sixty-seven cents per patient day if | 47057 |
| the beds were originally licensed as nursing home beds by the | 47058 |
| department of health. | 47059 |
| (14) For facilities with dates of licensure after December | 47060 |
| 31, 1987, but prior to January 1, 1989, not exceeding thirteen | 47061 |
| dollars and twenty-six cents per patient day; | 47062 |
| (15) For facilities with dates of licensure after December | 47063 |
| 31, 1988, but prior to January 1, 1990, not exceeding thirteen | 47064 |
| dollars and forty-six cents per patient day; | 47065 |
| (16) For facilities with dates of licensure after December | 47066 |
| 31, 1989, but prior to January 1, 1991, not exceeding thirteen | 47067 |
| dollars and sixty cents per patient day; | 47068 |
| (17) For facilities with dates of licensure after December | 47069 |
| 31, 1990, but prior to January 1, 1992, not exceeding thirteen | 47070 |
| dollars and forty-nine cents per patient day; | 47071 |
| (18) For facilities with dates of licensure after December | 47072 |
| 31, 1991, but prior to January 1, 1993, not exceeding thirteen | 47073 |
| dollars and sixty-seven cents per patient day; | 47074 |
| (19) For facilities with dates of licensure after December | 47075 |
| 31, 1992, not exceeding fourteen dollars and twenty-eight cents | 47076 |
| per patient day. | 47077 |
| (D) Beginning January 1, 1981, regardless of the original | 47078 |
| date of licensure, the department of job and family services shall | 47079 |
| pay a rate for the per diem capitalized costs of renovations to | 47080 |
| intermediate care facilities for the mentally retarded made after | 47081 |
| January 1, l981, not exceeding six dollars per patient day using | 47082 |
| 1980 as the base year and adjusting the amount annually until June | 47083 |
| 30, 1993, for fluctuations in construction costs calculated by the | 47084 |
| department using the "Dodge building cost indexes, northeastern | 47085 |
| and north central states," published by Marshall and Swift. The | 47086 |
| payment provided for in this division is the only payment that | 47087 |
| shall be made for the capitalized costs of a nonextensive | 47088 |
| renovation of an intermediate care facility for the mentally | 47089 |
| retarded. Nonextensive renovation costs shall not be included in | 47090 |
| cost of ownership, and a nonextensive renovation shall not affect | 47091 |
| the date of licensure for purposes of division (C) of this | 47092 |
| section. This division applies to nonextensive renovations | 47093 |
| regardless of whether they are made by an owner or a lessee. If | 47094 |
| the tenancy of a lessee that has made renovations ends before the | 47095 |
| depreciation expense for the renovation costs has been fully | 47096 |
| reported, the former lessee shall not report the undepreciated | 47097 |
| balance as an expense. | 47098 |
| For a nonextensive renovation to qualify for payment under | 47099 |
| this division, both of the following conditions must be met: | 47100 |
| (1) At least five years have elapsed since the date of | 47101 |
| licensure or date of an extensive renovation of the portion of the | 47102 |
| facility that is proposed to be renovated, except that this | 47103 |
| condition does not apply if the renovation is necessary to meet | 47104 |
| the requirements of federal, state, or local statutes, ordinances, | 47105 |
| rules, or policies. | 47106 |
| (2) The provider has obtained prior approval from the | 47107 |
| department of job and family services. The provider shall submit a | 47108 |
| plan that describes in detail the changes in capital assets to be | 47109 |
| accomplished by means of the renovation and the timetable for | 47110 |
| completing the project. The time for completion of the project | 47111 |
| shall be no more than eighteen months after the renovation begins. | 47112 |
|
The
director of
job and family services shall adopt rules | 47113 |
| 47114 | |
| Code that specify criteria and procedures for prior approval of | 47115 |
| renovation projects. No provider shall separate a project with the | 47116 |
| intent to evade the characterization of the project as a | 47117 |
| renovation or as an extensive renovation. No provider shall | 47118 |
| increase the scope of a project after it is approved by the | 47119 |
| department of job and family services unless the increase in scope | 47120 |
| is approved by the department. | 47121 |
| (E) The amounts specified in divisions (C) and (D) of this | 47122 |
| section shall be adjusted beginning July 1, 1993, for the | 47123 |
| estimated inflation for the twelve-month period beginning on the | 47124 |
| first day of July of the calendar year preceding the calendar year | 47125 |
| that precedes the fiscal year for which rate will be paid and | 47126 |
| ending on the thirtieth day of the following June, using the | 47127 |
| consumer price index for shelter costs for all urban consumers for | 47128 |
| the north central region, as published by the United States bureau | 47129 |
| of labor statistics. | 47130 |
| (F)(1) For facilities of eight or fewer beds that have dates | 47131 |
| of licensure or have been granted project authorization by the | 47132 |
| department of mental retardation and developmental disabilities | 47133 |
| before July 1, 1993, and for facilities of eight or fewer beds | 47134 |
| that have dates of licensure or have been granted project | 47135 |
| authorization after that date if the providers of the facilities | 47136 |
| demonstrate that they made substantial commitments of funds on or | 47137 |
| before that date, cost of ownership shall not exceed eighteen | 47138 |
| dollars and thirty cents per resident per day. The eighteen-dollar | 47139 |
| and thirty-cent amount shall be increased by the change in the | 47140 |
| "Dodge building cost indexes, northeastern and north central | 47141 |
| states," published by Marshall and Swift, during the period | 47142 |
| beginning June 30, 1990, and ending July 1, 1993, and by the | 47143 |
| change in the consumer price index for shelter costs for all urban | 47144 |
| consumers for the north central region, as published by the United | 47145 |
| States bureau of labor statistics, annually thereafter. | 47146 |
| (2) For facilities with eight or fewer beds that have dates | 47147 |
| of licensure or have been granted project authorization by the | 47148 |
| department of mental retardation and developmental disabilities on | 47149 |
| or after July 1, 1993, for which substantial commitments of funds | 47150 |
| were not made before that date, cost of ownership payments shall | 47151 |
| not exceed the applicable amount calculated under division (F)(1) | 47152 |
| of this section, if the department of job and family services | 47153 |
| gives prior approval for construction of the facility. If the | 47154 |
| department does not give prior approval, cost of ownership | 47155 |
| payments shall not exceed the amount specified in division (C) of | 47156 |
| this section. | 47157 |
| (3) Notwithstanding divisions (D) and (F)(1) and (2) of this | 47158 |
| section, the total payment for cost of ownership, cost of | 47159 |
| ownership efficiency incentive, and capitalized costs of | 47160 |
| renovations for an intermediate care facility for the mentally | 47161 |
| retarded with eight or fewer beds shall not exceed the sum of the | 47162 |
| limitations specified in divisions (C) and (D) of this section. | 47163 |
| (G) Notwithstanding any provision of this section or section | 47164 |
| 5111.24 of the Revised Code, the director of job and family | 47165 |
|
services may adopt
rules | 47166 |
| section 5111.02 of the Revised Code that provide for a calculation | 47167 |
| of a combined maximum payment limit for indirect care costs and | 47168 |
| cost of ownership for intermediate care facilities for the | 47169 |
| mentally retarded with eight or fewer beds. | 47170 |
| (H) After June 30, 1980, the | 47171 |
| intermediate care
facility for the mentally retarded | 47172 |
| 47173 | |
| department of job and family services at least forty-five days | 47174 |
| prior to entering into any contract of sale for the facility or | 47175 |
| voluntarily
terminating
participation in the | 47176 |
| medicaid program. After the date on which a transaction of sale is | 47177 |
| closed, the | 47178 |
| amount of excess depreciation paid to the provider for the | 47179 |
|
facility by the department for each year the | 47180 |
| operated the facility under a provider agreement and prorated | 47181 |
| according to the number of medicaid patient days for which the | 47182 |
| 47183 | |
| intermediate care facility for the mentally retarded is sold after | 47184 |
| five or fewer years of operation under a provider agreement, the | 47185 |
| refund to the department shall be equal to the excess depreciation | 47186 |
| paid to the provider for the facility. If an intermediate care | 47187 |
| facility for the mentally retarded is sold after more than five | 47188 |
| years but less than ten years of operation under a provider | 47189 |
| agreement, the refund to the department shall equal the excess | 47190 |
| depreciation paid to the provider for the facility multiplied by | 47191 |
| twenty per cent, multiplied by the number of years less than ten | 47192 |
| that a facility was operated under a provider agreement. If an | 47193 |
| intermediate care facility for the mentally retarded is sold after | 47194 |
| ten or more years of operation under a provider agreement, the | 47195 |
| 47196 | |
| department. For the purposes of this division, "depreciation paid | 47197 |
| to the provider for the facility" means the amount paid to the | 47198 |
| provider for the intermediate care facility for the mentally | 47199 |
| retarded for cost of ownership pursuant to this section less any | 47200 |
| amount paid for interest costs. For the purposes of this division, | 47201 |
| "excess depreciation" is the intermediate care facility for the | 47202 |
| mentally retarded's
depreciated basis, which is
the | 47203 |
| provider's cost less accumulated depreciation, subtracted from the | 47204 |
| purchase price but not exceeding the amount of depreciation paid | 47205 |
| to the provider for the facility. | 47206 |
| A cost report shall be filed with the department within | 47207 |
| ninety days after the date on which the transaction of sale is | 47208 |
| closed or participation is voluntarily terminated for an | 47209 |
| intermediate care facility for the mentally retarded subject to | 47210 |
| this division. The report shall show the accumulated depreciation, | 47211 |
| the sales price, and other information required by the department. | 47212 |
| The department shall provide for a bank, trust company, or savings | 47213 |
| and loan association to hold in escrow the amount of the last two | 47214 |
| monthly payments to the provider of an intermediate care facility | 47215 |
| for the mentally retarded made pursuant to division (A)(1) of | 47216 |
| section 5111.22 of the Revised Code before a sale or voluntary | 47217 |
| termination of participation
or, if the | 47218 |
| within the time required by this division, to notify the | 47219 |
| department before entering into a contract of sale for the | 47220 |
| facility, the amount of the first two monthly payments made to the | 47221 |
| provider for the facility after the department learns of the | 47222 |
| contract, regardless of whether a new owner is in possession of | 47223 |
|
the facility. If the
amount the | 47224 |
| refund under this section is likely to be less than the amount of | 47225 |
| the two monthly payments otherwise put into escrow under this | 47226 |
| division, the department shall take one of the following actions | 47227 |
| instead of withholding the amount of the two monthly payments: | 47228 |
| (1) In the case of | 47229 |
| facilities
that
participate in the | 47230 |
| program, obtain a promissory note in an amount sufficient to cover | 47231 |
| the amount likely to be refunded; | 47232 |
| (2) In the case of all other | 47233 |
| amount of the last monthly payment to the provider for the | 47234 |
| intermediate care facility for the mentally retarded or, if the | 47235 |
| 47236 | |
| to notify the department before entering into a contract of sale | 47237 |
| for the facility, the amount of the first monthly payment made to | 47238 |
| the provider for the facility after the department learns of the | 47239 |
| contract, regardless of whether a new owner is in possession of | 47240 |
| the facility. | 47241 |
| The department shall, within ninety days following the filing | 47242 |
| of the cost report, audit the report and issue an audit report to | 47243 |
|
the | 47244 |
| reports for the facility that have been filed during the previous | 47245 |
| three years. In the audit report, the department shall state its | 47246 |
| findings and the amount of any money owed to the department by the | 47247 |
| 47248 | |
| findings shall be subject to an adjudication conducted in | 47249 |
| accordance with Chapter 119. of the Revised Code. No later than | 47250 |
|
fifteen days after the | 47251 |
| funds held in escrow less any amounts due to the department shall | 47252 |
| be
released to the | 47253 |
| department shall be paid to the department. If the amounts in | 47254 |
| escrow are less than the amounts due to the department, the | 47255 |
| balance shall be paid to the department within fifteen days after | 47256 |
|
the | 47257 |
| not issue its audit report within the ninety-day period, the | 47258 |
|
department shall release any
money held in escrow to the | 47259 |
| provider. For the purposes of this section, a transfer of | 47260 |
| corporate stock, the merger of one corporation into another, or a | 47261 |
| consolidation does not constitute a sale. Also, a change of | 47262 |
| ownership, lease, or termination of a lease of real or personal | 47263 |
| property associated with an intermediate care facility for the | 47264 |
| mentally retarded does not constitute a sale if there is no change | 47265 |
| in the operator of the facility. | 47266 |
| If an intermediate care facility for the mentally retarded is | 47267 |
| not sold or its participation is not terminated after notice is | 47268 |
| provided to the department under this division, the department | 47269 |
|
shall order any payments held in escrow released to the | 47270 |
| provider
upon receiving written notice from the | 47271 |
| that there will be no sale or termination of participation. After | 47272 |
| written notice is
received from | 47273 |
| 47274 | |
| participation will not
take
place, the | 47275 |
| provide notice to the department at least forty-five days prior to | 47276 |
| entering into any contract of sale or terminating participation at | 47277 |
| any future time. | 47278 |
| (I) The department of job and family services shall pay a | 47279 |
| provider for each of the provider's eligible proprietary | 47280 |
| intermediate care | 47281 |
| return on the facility's net equity computed at the rate of one | 47282 |
| and one-half times the average of interest rates on special issues | 47283 |
| of public debt obligations issued to the federal hospital | 47284 |
| insurance trust fund for the cost reporting period. No facility's | 47285 |
| return on net equity paid under this division shall exceed one | 47286 |
| dollar per patient day. | 47287 |
| In calculating the rate for return on net equity, the | 47288 |
| department shall use the greater of the facility's inpatient days | 47289 |
| during the applicable cost reporting period or the number of | 47290 |
| inpatient days the facility would have had during that period if | 47291 |
| its occupancy rate had been ninety-five per cent. | 47292 |
| (J)(1) Except as provided in division (J)(2) of this section, | 47293 |
| if a provider leases or transfers an interest in a facility to | 47294 |
| another provider who is a related party, the related party's | 47295 |
| allowable cost of ownership shall include the lesser of the | 47296 |
| following: | 47297 |
| (a) The annual lease expense or actual cost of ownership, | 47298 |
| whichever is applicable; | 47299 |
| (b) The reasonable cost to the lessor or provider making the | 47300 |
| transfer. | 47301 |
| (2) If a provider leases or transfers an interest in a | 47302 |
| facility to another provider who is a related party, regardless of | 47303 |
| the date of the lease or transfer, the related party's allowable | 47304 |
| cost of ownership shall include the annual lease expense or actual | 47305 |
| cost of ownership, whichever is applicable, subject to the | 47306 |
| limitations specified in divisions (B) to (I) of this section, if | 47307 |
| all of the following conditions are met: | 47308 |
| (a) The related party is a relative of owner; | 47309 |
| (b) In the case of a lease, if the lessor retains any | 47310 |
| ownership interest, it is, except as provided in division | 47311 |
| (J)(2)(d)(ii) of this section, in only the real property and any | 47312 |
| improvements on the real property; | 47313 |
| (c) In the case of a transfer, the provider making the | 47314 |
| transfer retains, except as provided in division (J)(2)(d)(iv) of | 47315 |
| this section, no ownership interest in the facility; | 47316 |
| (d) The department of job and family services determines that | 47317 |
| the lease or transfer is an arm's length transaction pursuant to | 47318 |
| rules | 47319 |
| adopted under section 5111.02 of the Revised Code | 47320 |
| 47321 | |
| transfer is an arm's length transaction if all of the following, | 47322 |
| as applicable, apply: | 47323 |
| (i) In the case of a lease, once the lease goes into effect, | 47324 |
| the lessor has no direct or indirect interest in the lessee or, | 47325 |
| except as provided in division (J)(2)(b) of this section, the | 47326 |
| facility itself, including interest as an owner, officer, | 47327 |
| director, employee, independent contractor, or consultant, but | 47328 |
| excluding interest as a lessor. | 47329 |
| (ii) In the case of a lease, the lessor does not reacquire an | 47330 |
| interest in the facility except through the exercise of a lessor's | 47331 |
| rights in the event of a default. If the lessor reacquires an | 47332 |
| interest in the facility in this manner, the department shall | 47333 |
| treat the facility as if the lease never occurred when the | 47334 |
| department calculates its reimbursement rates for capital costs. | 47335 |
| (iii) In the case of a transfer, once the transfer goes into | 47336 |
| effect, the provider that made the transfer has no direct or | 47337 |
| indirect interest in the provider that acquires the facility or | 47338 |
| the facility itself, including interest as an owner, officer, | 47339 |
| director, employee, independent contractor, or consultant, but | 47340 |
| excluding interest as a creditor. | 47341 |
| (iv) In the case of a transfer, the provider that made the | 47342 |
| transfer does not reacquire an interest in the facility except | 47343 |
| through the exercise of a creditor's rights in the event of a | 47344 |
| default. If the provider reacquires an interest in the facility in | 47345 |
| this manner, the department shall treat the facility as if the | 47346 |
| transfer never occurred when the department calculates its | 47347 |
| reimbursement rates for capital costs. | 47348 |
| (v) The lease or transfer satisfies any other criteria | 47349 |
| specified in the rules. | 47350 |
| (e) Except in the case of hardship caused by a catastrophic | 47351 |
| event, as determined by the department, or in the case of a lessor | 47352 |
| or provider making the transfer who is at least sixty-five years | 47353 |
| of age, not less than twenty years have elapsed since, for the | 47354 |
| same facility, allowable cost of ownership was determined most | 47355 |
| recently under this division. | 47356 |
| Sec. 5111.254. (A) The department of job and family services | 47357 |
| shall establish initial rates for a nursing facility with a first | 47358 |
| date of licensure that is on or after July 1, 2007, including a | 47359 |
| facility that replaces one or more existing facilities, or for a | 47360 |
| nursing facility with a first date of licensure before that date | 47361 |
| that was initially certified for the medicaid program on or after | 47362 |
| that date, in the following manner: | 47363 |
| (1) The rate for direct care costs shall be determined as | 47364 |
| follows: | 47365 |
| (a) If there are no cost or resident assessment data as | 47366 |
| necessary to calculate a rate under section 5111.231 of the | 47367 |
| Revised Code, the rate shall be the median cost per case-mix unit | 47368 |
| calculated under division (B)(1) of that section for the relevant | 47369 |
| peer group for the calendar year preceding the fiscal year in | 47370 |
| which the rate will be paid, multiplied by the median annual | 47371 |
| average case-mix score for the peer group for that period and by | 47372 |
| the rate of inflation estimated under division (B)(3) of that | 47373 |
| section. This rate shall be recalculated to reflect the facility's | 47374 |
| actual quarterly average case-mix score, in accordance with that | 47375 |
| section, after it submits its first quarterly assessment | 47376 |
| information that qualifies for use in calculating a case-mix score | 47377 |
| in accordance with rules authorized by division (D) of section | 47378 |
| 5111.232 of the Revised Code. If the facility's first two | 47379 |
| quarterly submissions do not contain assessment information that | 47380 |
| qualifies for use in calculating a case-mix score, the department | 47381 |
| shall continue to calculate the rate using the median annual | 47382 |
| case-mix score for the peer group in lieu of an assigned quarterly | 47383 |
| case-mix score. The department shall assign a case-mix score or, | 47384 |
| if necessary, a cost per case-mix unit under division (C) of | 47385 |
| section 5111.232 of the Revised Code for any subsequent | 47386 |
| submissions that do not contain assessment information that | 47387 |
| qualifies for use in calculating a case-mix score. | 47388 |
| (b) If the facility is a replacement facility and the | 47389 |
| facility or facilities that are being replaced are in operation | 47390 |
| immediately before the replacement facility opens, the rate shall | 47391 |
| be the same as the rate for the replaced facility or facilities, | 47392 |
| proportionate to the number of beds in each replaced facility. If | 47393 |
| one or more of the replaced facilities is not in operation | 47394 |
| immediately before the replacement facility opens, its proportion | 47395 |
| shall be determined under division (A)(1)(a) of this section. | 47396 |
| (2) The rate for ancillary and support costs shall be the | 47397 |
| rate for the facility's peer group as specified in division (E) of | 47398 |
| section 5111.24 of the Revised Code. | 47399 |
| (3) The rate for capital costs shall be determined under | 47400 |
| section 5111.25 of the Revised Code using the greater of actual | 47401 |
| inpatient days or an imputed occupancy rate of eighty per cent. | 47402 |
| (4) The quality incentive payment shall be the mean payment | 47403 |
| specified in division (B) of section 5111.234 of the Revised Code. | 47404 |
| (5) The rate for taxes specified in section 5111.242 of the | 47405 |
| Revised Code shall be the median of the rate established for those | 47406 |
| taxes under that section for the facility's peer group as | 47407 |
| specified in division (E) of section 5111.24 of the Revised Code. | 47408 |
| (B) The department shall adjust the rates established under | 47409 |
| division (A) of this section at both of the following times: | 47410 |
| (1) Effective the first day of July, to reflect new rate | 47411 |
| calculations for all nursing facilities under sections 5111.20 to | 47412 |
| 5111.33 of the Revised Code; | 47413 |
| (2) Following the provider's submission of the nursing | 47414 |
| facility's cost report under division (A)(1)(b) of section 5111.26 | 47415 |
| of the Revised Code. | 47416 |
| The department shall pay the rate adjusted based on the cost | 47417 |
| report beginning the first day of the calendar quarter that begins | 47418 |
| more than ninety days after the department receives the cost | 47419 |
| report. | 47420 |
| Sec. 5111.255. (A) The department of job and family services | 47421 |
| shall
establish initial rates for | 47422 |
| intermediate care facility for the mentally retarded with a first | 47423 |
| date of licensure that is on or after January 1, 1993, including a | 47424 |
|
facility that replaces one or more existing facilities, or for | 47425 |
| 47426 | |
| retarded with a first date of licensure before that date that was | 47427 |
|
initially certified for the | 47428 |
| or after that date, in the following manner: | 47429 |
| (1) The rate for direct care costs shall be determined as | 47430 |
| follows: | 47431 |
| (a) If there are no cost or resident assessment data as | 47432 |
| necessary to calculate a rate under section 5111.23 of the Revised | 47433 |
| Code, the rate shall be the median cost per case-mix unit | 47434 |
| calculated under division (B)(1) of that section for the relevant | 47435 |
| peer group for the calendar year preceding the fiscal year in | 47436 |
| which the rate will be paid, multiplied by the median annual | 47437 |
| average case-mix score for the peer group for that period and by | 47438 |
| the rate
of inflation estimated under division (B) | 47439 |
| section. This rate shall be recalculated to reflect the facility's | 47440 |
| actual quarterly average case-mix score, in accordance with that | 47441 |
| section, after it submits its first quarterly assessment | 47442 |
| information that qualifies for use in calculating a case-mix score | 47443 |
| in accordance with rules
| 47444 |
| of section | 47445 |
| facility's first two quarterly submissions do not contain | 47446 |
| assessment information that qualifies for use in calculating a | 47447 |
| case-mix score, the department shall continue to calculate the | 47448 |
| rate using the median annual case-mix score for the peer group in | 47449 |
| lieu of an assigned quarterly case-mix score. The department shall | 47450 |
| assign a case-mix score or, if necessary, a cost per case-mix unit | 47451 |
| under division (C) of section | 47452 |
| Code for any subsequent submissions that do not contain assessment | 47453 |
| information that qualifies for use in calculating a case-mix | 47454 |
| score. | 47455 |
| (b) If the facility is a replacement facility and the | 47456 |
| facility or facilities that are being replaced are in operation | 47457 |
| immediately before the replacement facility opens, the rate shall | 47458 |
| be the same as the rate for the replaced facility or facilities, | 47459 |
| proportionate to the number of beds in each replaced facility. If | 47460 |
| one or more of the replaced facilities is not in operation | 47461 |
| immediately before the replacement facility opens, its proportion | 47462 |
| shall be determined under division (A)(1)(a) of this section. | 47463 |
| (2) The rate for other protected costs shall be one hundred | 47464 |
| fifteen per cent of the median rate for | 47465 |
| 47466 | |
| calculated for the fiscal year under section 5111.235 of the | 47467 |
| Revised Code. | 47468 |
| (3) The rate for indirect care costs shall be the applicable | 47469 |
| maximum rate for the facility's peer group as specified in | 47470 |
| division (B) of section | 47471 |
| 5111.241 of the Revised Code. | 47472 |
| (4) The rate for capital costs shall be determined under | 47473 |
|
section | 47474 |
| of actual inpatient days or an imputed occupancy rate of eighty | 47475 |
| per cent. | 47476 |
| (B) The department shall adjust the rates established under | 47477 |
| division (A) of this section at both of the following times: | 47478 |
| (1) Effective the first day of July, to reflect new rate | 47479 |
|
calculations for all facilities under sections | 47480 |
| 47481 |
| (2) Following the | 47482 |
| facility's cost report under division (A)(1)(b) of section 5111.26 | 47483 |
| of the Revised Code. | 47484 |
| The department shall pay the rate adjusted based on the cost | 47485 |
| report beginning the first day of the calendar quarter that begins | 47486 |
| more than ninety days after the department receives the cost | 47487 |
| report. | 47488 |
| Sec. 5111.256. (A) This section applies to a nursing | 47489 |
| facility that undergoes a change of provider that the department | 47490 |
| of job and family services determines, in accordance with rules | 47491 |
| adopted under section 5111.02 of the Revised Code, is an arm's | 47492 |
| length transaction. | 47493 |
| (B) Except as provided in division (C) of this section, the | 47494 |
| department of job and family services shall pay an eligible | 47495 |
| nursing facility that undergoes a change of provider the same rate | 47496 |
| as the facility received on the day before the change of provider. | 47497 |
| (C) The rate for capital costs for a nursing facility that | 47498 |
| undergoes a change of provider shall be determined under section | 47499 |
| 5111.25 of the Revised Code using projected capital costs if the | 47500 |
| new provider provides the department the projected capital costs. | 47501 |
| (D) The department shall adjust the rates established under | 47502 |
| this section at both of the following times: | 47503 |
| (1) Effective the first day of July, to reflect new rate | 47504 |
| calculations for all nursing facilities under sections 5111.20 to | 47505 |
| 5111.33 of the Revised Code; | 47506 |
| (2) Following the nursing facility's submission of its cost | 47507 |
| report under division (A)(1)(b) of section 5111.26 of the Revised | 47508 |
| Code. | 47509 |
| The department shall pay the rate adjusted based on the cost | 47510 |
| report beginning the first day of the calendar quarter that begins | 47511 |
| more than ninety days after the department receives the cost | 47512 |
| report. | 47513 |
| Sec. 5111.257. If a provider of a nursing facility adds or | 47514 |
| replaces one or more medicaid certified beds to or at the nursing | 47515 |
| facility, or renovates one or more of the nursing facility's beds | 47516 |
| at a cost of twenty-six thousand dollars or more per bed, the rate | 47517 |
| for the added, replaced, or renovated beds shall be the same as | 47518 |
| the rate for the nursing facility's existing beds, except that the | 47519 |
| department of job and family services shall calculate the rate for | 47520 |
| capital costs under section 5111.25 of the Revised Code using | 47521 |
| projected capital costs for the added, replaced, or renovated beds | 47522 |
| if the provider provides the department the projected capital | 47523 |
| costs. | 47524 |
| | 47525 |
| 47526 | |
| 47527 | |
| of
job and family services
shall adopt rules | 47528 |
| 47529 | |
| establish a methodology for calculating the prospective
rates | 47530 |
| 47531 | |
| 47532 | |
| each of the provider's eligible nursing facilities and | 47533 |
| intermediate care facilities for the mentally retarded, and | 47534 |
| discrete units of the provider's nursing facilities or | 47535 |
| intermediate care facilities for the mentally retarded, that serve | 47536 |
| residents who have diagnoses or special care needs that require | 47537 |
| direct care resources that are not measured adequately by the | 47538 |
| applicable assessment instrument specified in rules | 47539 |
| authorized by section | 47540 |
| who have diagnoses or special care needs specified in the rules as | 47541 |
| otherwise qualifying for consideration under this section. The | 47542 |
| facilities and units of facilities whose rates are established | 47543 |
| under this division may include, but shall not be limited to, any | 47544 |
| of the following: | 47545 |
| (1) In the case of nursing facilities, facilities and units | 47546 |
| of facilities that serve medically fragile pediatric residents, | 47547 |
| residents who are dependent on ventilators, or residents who have | 47548 |
| severe traumatic brain injury, end-stage Alzheimer's disease, or | 47549 |
| end-stage acquired immunodeficiency syndrome; | 47550 |
| (2) In the case of intermediate care facilities for the | 47551 |
| mentally retarded, facilities and units of facilities that serve | 47552 |
| residents who have complex medical conditions or severe behavioral | 47553 |
| problems. | 47554 |
| The department shall use the methodology established under | 47555 |
| this division to pay for services rendered by such facilities and | 47556 |
| units after June 30, 1993. | 47557 |
| The rules | 47558 |
| specify the criteria and procedures the department will apply when | 47559 |
| designating facilities and units that qualify for calculation of | 47560 |
| rates under this division. The criteria shall include | 47561 |
| consideration of whether all of the allowable costs of the | 47562 |
| facility or unit would be paid by rates established under sections | 47563 |
| 47564 | |
| 47565 | |
| establish a minimum bed size for a facility or unit to qualify to | 47566 |
| have its rates established under this division. The criteria shall | 47567 |
| not be designed to require that residents be served only in | 47568 |
| facilities located in large cities. The methodology established by | 47569 |
| the rules shall consider the historical costs of providing care to | 47570 |
| the residents of the facilities or units. | 47571 |
| The rules may require that a facility designated under this | 47572 |
| division or containing a unit designated under this division | 47573 |
| receive authorization from the department to admit or retain a | 47574 |
| resident to the facility or unit and shall specify the criteria | 47575 |
| and procedures the department will apply when granting that | 47576 |
| authorization. | 47577 |
| Notwithstanding any other provision of sections 5111.20 to | 47578 |
| 47579 | |
| facilities or units whose rates are established under this | 47580 |
| division shall not be considered in establishing payment rates for | 47581 |
| other facilities or units. | 47582 |
| (B) The director may adopt rules | 47583 |
| 47584 | |
| department, notwithstanding any other provision of sections | 47585 |
| 5111.20 to
| 47586 |
| rates determined
under sections | 47587 |
| 5111.33 of the Revised Code for a facility that serves a resident | 47588 |
| who has a diagnosis or special care need that, in the rules | 47589 |
| 47590 | |
| qualify a facility or unit of a facility to have its rate | 47591 |
| determined under that division, but who is not in such a unit. The | 47592 |
| rules may require that a facility that qualifies for a rate | 47593 |
| adjustment under this division receive authorization from the | 47594 |
| department to admit or retain a resident who qualifies the | 47595 |
| facility for the rate adjustment and shall specify the criteria | 47596 |
| and procedures the department will apply when granting that | 47597 |
| authorization. | 47598 |
| Sec. 5111.26. (A)(1)(a) Except as provided in division | 47599 |
|
(A)(1)(b) of this section, each | 47600 |
| 47601 | |
| the department of job and family services an annual cost report | 47602 |
| 47603 | |
| intermediate care facilities for the mentally retarded that | 47604 |
| participate in the medicaid program. A provider shall prepare the | 47605 |
| reports in accordance with guidelines established by the | 47606 |
| department. | 47607 |
| portion of a calendar year during which the facility participated | 47608 |
| in the | 47609 |
| provider shall file the reports within ninety days after the end | 47610 |
| of the calendar year. The department, for good cause, may grant a | 47611 |
| fourteen-day extension of the time for filing cost reports upon | 47612 |
| written request from a
| 47613 |
| family services
shall prescribe, in rules adopted | 47614 |
| 47615 | |
| cost reporting form and a uniform chart of accounts for the | 47616 |
| purpose of cost reporting, and shall distribute cost reporting | 47617 |
| forms or computer software for electronic submission of the cost | 47618 |
| report to
each | 47619 |
| 47620 | |
| 47621 |
| (b) | 47622 |
| nursing facility or intermediate care facility for the mentally | 47623 |
| retarded were most recently established under section 5111.254 or | 47624 |
| 5111.255 of the Revised Code, the provider shall submit a cost | 47625 |
| report for that facility no later than ninety days after the end | 47626 |
| of the facility's first
three full calendar months of operation. | 47627 |
| The provider of a facility that opens after the first day of | 47628 |
| October in any calendar year is not required to file a cost report | 47629 |
| for that calendar year. If rates for a provider's nursing facility | 47630 |
| were most recently established under section 5111.256 of the | 47631 |
| Revised Code, the provider shall submit a cost report for that | 47632 |
| facility not later than ninety days after the end of the | 47633 |
| facility's first three full calendar months of operation after the | 47634 |
| change of provider. | 47635 |
| (c) If a nursing facility undergoes a change of provider that | 47636 |
| the department determines, in accordance with rules adopted under | 47637 |
| section 5111.02 of the Revised Code, is not an arms length | 47638 |
| transaction, the new provider shall file a cost report under | 47639 |
| division (A)(1)(a) of this section for the facility. The cost | 47640 |
| report shall cover the portion of the calendar year during which | 47641 |
| the new provider operated the nursing facility and the portion of | 47642 |
| the calendar year during which the previous provider operated the | 47643 |
| nursing facility. | 47644 |
| (2) If a | 47645 |
| 47646 | |
| report for a nursing facility or intermediate care facility for | 47647 |
| the mentally retarded does
not file the | 47648 |
| required time | 47649 |
| an extension is granted under division (A)(1)(a) of this section, | 47650 |
| or files an incomplete or inadequate report for the facility, the | 47651 |
| department shall provide immediate written
notice to the | 47652 |
| provider that | 47653 |
|
terminated in thirty days unless the | 47654 |
| complete and adequate cost report for the facility within thirty | 47655 |
| days. During the thirty-day termination period or any additional | 47656 |
| time allowed for an appeal of the proposed termination of a | 47657 |
| provider agreement,
the | 47658 |
| facility's then current per resident per day rate, minus two | 47659 |
| dollars. On July 1, 1994, the department shall adjust the | 47660 |
| two-dollar reduction to reflect the rate of inflation during the | 47661 |
| preceding twelve months, as shown in the consumer price index for | 47662 |
| all items for all urban consumers for the north central region, | 47663 |
| published by the United States bureau of labor statistics. On July | 47664 |
| 1, 1995, and the first day of July of each year thereafter, the | 47665 |
| department shall adjust the amount of the reduction in effect | 47666 |
| during the previous twelve months to reflect the rate of inflation | 47667 |
| during the preceding twelve months, as shown in the same index. | 47668 |
| (B) No | 47669 |
| 47670 | |
| 5111.35 to 5111.62 or section 5111.99 of the Revised Code in any | 47671 |
| cost report filed under this section. | 47672 |
| (C) The department shall develop an addendum to the cost | 47673 |
|
report form that a | 47674 |
| 47675 | |
| the
| 47676 |
| Any costs
reported by the | 47677 |
| considered by the department in setting the facility's rate. If | 47678 |
| the department does not consider the costs listed on the addendum | 47679 |
| in setting the
facility's rate, the | 47680 |
| reconsideration of that determination under section 5111.29 of the | 47681 |
| Revised Code. If the department subsequently includes the costs | 47682 |
| listed in the addendum in the facility's rate, the department | 47683 |
| shall pay the | 47684 |
| established in rules adopted | 47685 |
| section 5111.02 of the Revised Code for the time that the rate | 47686 |
| paid excluded the costs. | 47687 |
| Sec. 5111.261. Except as otherwise provided in | 47688 |
| 47689 | |
| of job and family services, in determining whether an intermediate | 47690 |
| care facility for the mentally retarded's direct care costs and | 47691 |
| indirect care costs are allowable, shall place no limit on | 47692 |
| specific categories of reasonable costs other than compensation of | 47693 |
| owners, compensation of relatives of owners, compensation of | 47694 |
| administrators and costs for resident meals that are prepared and | 47695 |
| consumed outside the facility. | 47696 |
| Compensation cost limits for owners and relatives of owners | 47697 |
| shall be based on compensation costs for individuals who hold | 47698 |
| comparable positions but who are not owners or relatives of | 47699 |
| owners, as reported on facility cost reports. As used in this | 47700 |
| section, "comparable position" means the position that is held by | 47701 |
| the owner or the owner's relative, if that position is listed | 47702 |
| separately on the cost report form, or if the position is not | 47703 |
| listed separately, the group of positions that is listed on the | 47704 |
| cost report form and that includes the position held by the owner | 47705 |
| or the owner's relative. In the case of an owner or owner's | 47706 |
| relative who serves the facility in a capacity such as corporate | 47707 |
| officer, proprietor, or partner for which no comparable position | 47708 |
| or group of positions is listed on the cost report form, the | 47709 |
| compensation cost limit shall be based on civil service | 47710 |
|
equivalents and shall be specified in rules adopted | 47711 |
| 47712 | |
| 47713 |
| Compensation cost limits for administrators shall be based on | 47714 |
| compensation costs for administrators who are not owners or | 47715 |
| relatives of owners, as reported on facility cost reports. | 47716 |
| Compensation cost limits for administrators of four or more | 47717 |
| intermediate care facilities for the mentally retarded shall be | 47718 |
|
the same as the limits for administrators of | 47719 |
| intermediate care facilities for the mentally retarded with one | 47720 |
| hundred fifty or more beds. | 47721 |
| | 47722 |
| 47723 | |
| 47724 | |
| 47725 | |
| 47726 | |
| 47727 | |
| 47728 | |
| 47729 | |
| 47730 | |
| 47731 |
| Sec. 5111.262. Except as otherwise provided in sections | 47732 |
| 5111.263 and 5111.264 of the Revised Code, the department of job | 47733 |
| and family services, in determining whether a nursing facility's | 47734 |
| direct care costs and ancillary and support costs are allowable, | 47735 |
| shall place no limit on specific categories of reasonable costs. | 47736 |
| Sec. 5111.263. (A) As used in this section, "covered therapy | 47737 |
| services" means physical therapy, occupational therapy, audiology, | 47738 |
| and speech therapy services that are provided by appropriately | 47739 |
| licensed therapists or therapy assistants and that are covered for | 47740 |
| nursing facility residents either by the medicare program | 47741 |
| established under Title XVIII of the "Social Security Act," 49 | 47742 |
| Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the
| 47743 |
| 47744 | |
|
director of job and family
services | 47745 |
| 47746 |
| (B) Except as provided in division (G) of this section, the | 47747 |
| costs of therapy are not allowable costs for nursing facilities | 47748 |
| for the purpose of determining rates under sections
| 47749 |
| 47750 | |
| 47751 |
| (C) The department of job and family services shall process | 47752 |
| no
claims for payment under the | 47753 |
| program for covered therapy services rendered to a resident of a | 47754 |
| nursing facility other than such claims submitted, in accordance | 47755 |
| with this section, by a nursing facility that has a valid provider | 47756 |
| agreement with the department. | 47757 |
| (D) | 47758 |
| 47759 | |
| family services for covered
therapy services | 47760 |
| nursing facilities provide to residents of any nursing facility | 47761 |
|
who are medicaid recipients | 47762 |
| not eligible for the medicare program. | 47763 |
| (E) The department shall not process any claim for a covered | 47764 |
| therapy service provided to a nursing facility resident who is | 47765 |
| eligible for the medicare program unless the claim is for a | 47766 |
| copayment or deductible or the conditions in division (E)(1) or | 47767 |
| (2) of this section apply: | 47768 |
| (1) The covered therapy service provided is, under the | 47769 |
| federal statutes, regulations, or policies governing the medicare | 47770 |
| program, not covered by the medicare program and the service is, | 47771 |
| under the provisions of this chapter or the rules adopted under | 47772 |
|
this chapter, covered by the | 47773 |
| (2) All of the following apply: | 47774 |
| (a) The individual or entity who provided the covered therapy | 47775 |
| service was eligible to bill the medicare program for the service. | 47776 |
| (b) A complete, accurate, and timely claim was submitted to | 47777 |
| the medicare program and the program denied payment for the | 47778 |
| service as not medically necessary for the resident. For the | 47779 |
| purposes of division (E)(2)(b) of this section, a claim is not | 47780 |
| considered to have been denied by the medicare program until | 47781 |
| either a denial has been issued following a medicare fair hearing | 47782 |
| or six months have elapsed since the request for a fair hearing | 47783 |
| was filed. | 47784 |
| (c) The facility is required to provide or arrange for the | 47785 |
| provision of the service by a licensed therapist or therapy | 47786 |
| assistant to be in compliance with federal or state nursing | 47787 |
|
facility certification requirements for the | 47788 |
| medicaid program. | 47789 |
| (d) The claim for payment for the services under the
| 47790 |
| 47791 | |
| divisions (E)(2)(b) and (c) of this section apply to the service. | 47792 |
| (F) The reimbursement allowed by the department for covered | 47793 |
| therapy services provided to nursing facility residents and billed | 47794 |
| under division (D) or (E) of this section shall be fifteen per | 47795 |
| cent less than the fees it pays for the same services rendered to | 47796 |
| hospital outpatients. The director may
adopt rules
| 47797 |
| 47798 | |
| establishing comparable fees for covered therapy services that are | 47799 |
| not included in its schedule of fees paid for services rendered to | 47800 |
| hospital outpatients. | 47801 |
| (G) A nursing facility's reasonable costs for rehabilitative, | 47802 |
| restorative, or maintenance therapy services rendered to facility | 47803 |
| residents by nurses or nurse aides, and the facility's overhead | 47804 |
| costs to support provision of therapy services provided to nursing | 47805 |
| facility residents, are allowable costs for the purposes of | 47806 |
| establishing rates under sections
| 47807 |
| 47808 | |
| 5111.20 to 5111.33 of the Revised Code. | 47809 |
| Sec. 5111.264. Except as provided in section 5111.25 or | 47810 |
| 47811 | |
| services, and facilities, furnished to a provider by a related | 47812 |
| party are includable in the allowable costs of the provider at the | 47813 |
| reasonable cost to the related party. | 47814 |
| Sec. 5111.265. If one or more medicaid-certified beds are | 47815 |
| relocated from one nursing facility to another nursing facility | 47816 |
| owned by a different person or government entity and the | 47817 |
| application for the certificate of need authorizing the relocation | 47818 |
| is filed with the director of health on or after the effective | 47819 |
| date of this section, amortization of the cost of acquiring | 47820 |
| operating rights for the relocated beds is not an allowable cost | 47821 |
| for the purpose of determining the nursing facility's medicaid | 47822 |
| reimbursement rate. | 47823 |
| Sec. 5111.266. As used in this section, "franchise permit | 47824 |
| fee" means the fee imposed by sections 3721.50 to 3721.58 of the | 47825 |
| Revised Code. | 47826 |
| A provider of a nursing facility filing the facility's cost | 47827 |
| report with the department of job and family services under | 47828 |
| section 5111.26 of the Revised Code shall report as a | 47829 |
| nonreimbursable expense the cost of the nursing facility's | 47830 |
| franchise permit fee. | 47831 |
| Sec. 5111.27. (A) The department of job and family services | 47832 |
| shall conduct a desk review of each cost report it receives under | 47833 |
| section 5111.26 of the Revised Code. Based on the desk review, the | 47834 |
| department shall make a preliminary determination of whether the | 47835 |
| reported costs are allowable costs. The department shall notify | 47836 |
| each | 47837 |
| 47838 | |
| costs are preliminarily determined not to be allowable, the rate | 47839 |
|
calculation under sections | 47840 |
| the Revised Code that results from that determination, and the | 47841 |
| reasons for the determination and resulting rate. The department | 47842 |
| shall allow
the | 47843 |
| submit additional information. | 47844 |
| (B) The department may conduct an audit, as defined by rule | 47845 |
| adopted | 47846 |
| 47847 | |
| any cost report and shall notify the | 47848 |
| 47849 | |
| its findings. | 47850 |
| Audits shall be conducted by auditors under contract with or | 47851 |
| employed by the department. The decision whether to conduct an | 47852 |
| audit and the scope of the audit, which may be a desk or field | 47853 |
| audit, shall be determined based on prior performance of the | 47854 |
| provider and may be based on a risk analysis or other evidence | 47855 |
| that gives the department reason to believe that the provider has | 47856 |
| reported costs improperly. A desk or field audit may be performed | 47857 |
| annually, but is required whenever a provider does not pass the | 47858 |
| risk analysis tolerance factors. The department shall issue the | 47859 |
| audit report no later than three years after the cost report is | 47860 |
| filed, or upon the completion of a desk or field audit on the | 47861 |
| report or a report for a subsequent cost reporting period, | 47862 |
| whichever is earlier. During the time within which the department | 47863 |
| may issue an audit report, the provider may amend the cost report | 47864 |
| upon discovery of a material error or material additional | 47865 |
| information. The department shall review the amended cost report | 47866 |
| for accuracy and notify the provider of its determination. | 47867 |
| The department may establish a contract for the auditing of | 47868 |
| facilities by outside firms. Each contract entered into by bidding | 47869 |
| shall be effective for one to two years. The department shall | 47870 |
| establish an audit manual and program which shall require that all | 47871 |
| field audits, conducted either pursuant to a contract or by | 47872 |
| department employees: | 47873 |
| (1) Comply with the applicable rules prescribed pursuant to | 47874 |
| Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620 | 47875 |
| (1935), 42 U.S.C.A. 301, as amended; | 47876 |
| (2) Consider generally accepted auditing standards prescribed | 47877 |
| by the American institute of certified public accountants; | 47878 |
| (3) Include a written summary as to whether the costs | 47879 |
| included in the report examined during the audit are allowable and | 47880 |
| are presented fairly in accordance with generally accepted | 47881 |
| accounting principles and department rules, and whether, in all | 47882 |
| material respects, allowable costs are documented, reasonable, and | 47883 |
| related to patient care; | 47884 |
| (4) Are conducted by accounting firms or auditors who, during | 47885 |
| the period of the auditors' professional engagement or employment | 47886 |
| and during the period covered by the cost reports, do not have nor | 47887 |
| are committed to acquire any direct or indirect financial interest | 47888 |
| in the ownership, financing, or operation of a nursing facility or | 47889 |
| intermediate care facility for the mentally retarded in this | 47890 |
| state; | 47891 |
| (5) Are conducted by accounting firms or auditors who, as a | 47892 |
| condition of the contract or employment, shall not audit any | 47893 |
| facility that has been a client of the firm or auditor; | 47894 |
| (6) Are conducted by auditors who are otherwise independent | 47895 |
| as determined by the standards of independence established by the | 47896 |
| American institute of certified public accountants; | 47897 |
| (7) Are completed within the time period specified by the | 47898 |
| department; | 47899 |
| (8) Provide to the | 47900 |
| 47901 | |
| interpretations that explain in detail the application of all | 47902 |
| relevant contract provisions, regulations, auditing standards, | 47903 |
| rate formulae, and departmental policies, with explanations and | 47904 |
|
examples, that are sufficient to permit the | 47905 |
| calculate with reasonable certainty those costs that are allowable | 47906 |
| and the rate to which the provider's facility is entitled. | 47907 |
| For the purposes of division (B)(4) of this section, | 47908 |
| employment of a member of an auditor's family by a nursing | 47909 |
| facility or intermediate care facility for the mentally retarded | 47910 |
| that the auditor does not review does not constitute a direct or | 47911 |
| indirect financial interest in the ownership, financing, or | 47912 |
| operation of the facility. | 47913 |
| (C) The department, pursuant to rules adopted | 47914 |
| 47915 | |
| conduct an exception review of assessment information submitted | 47916 |
| under
section | 47917 |
| department may conduct an exception review based on the findings | 47918 |
| of a certification survey conducted by the department of health, a | 47919 |
| risk analysis, or prior performance of the provider. | 47920 |
| Exception reviews shall be conducted at the facility by | 47921 |
| appropriate health professionals under contract with or employed | 47922 |
| by the department of job and family services. The professionals | 47923 |
| may review resident assessment forms and supporting documentation, | 47924 |
| conduct interviews, and observe residents to identify any patterns | 47925 |
| or trends of inaccurate assessments and resulting inaccurate | 47926 |
| case-mix scores. | 47927 |
| The rules shall establish an exception review program that | 47928 |
| requires that exception reviews do all of the following: | 47929 |
| (1) Comply with Titles XVIII and XIX of the "Social Security | 47930 |
| Act"; | 47931 |
| (2) Provide a written summary that states whether the | 47932 |
| resident assessment forms have been completed accurately; | 47933 |
| (3) Are conducted by health professionals who, during the | 47934 |
| period of their professional engagement or employment with the | 47935 |
| department, neither have nor are committed to acquire any direct | 47936 |
| or indirect financial interest in the ownership, financing, or | 47937 |
| operation of a nursing facility or intermediate care facility for | 47938 |
| the mentally retarded in this state; | 47939 |
| (4) Are conducted by health professionals who, as a condition | 47940 |
| of their engagement or employment with the department, shall not | 47941 |
|
review any
| 47942 |
| professional. | 47943 |
| For the purposes of division (C)(3) of this section, | 47944 |
| employment of a member of a health professional's family by a | 47945 |
| nursing facility or intermediate care facility for the mentally | 47946 |
| retarded that the professional does not review does not constitute | 47947 |
| a direct or indirect financial interest in the ownership, | 47948 |
| financing, or operation of the facility. | 47949 |
| If an exception review is conducted before the effective date | 47950 |
| of the rate that is based on the case-mix information subject to | 47951 |
| the review and the review results in findings that exceed | 47952 |
| tolerance levels specified in the rules adopted under this | 47953 |
| division, the department, in accordance with those rules, may use | 47954 |
| the findings to recalculate individual resident case-mix scores, | 47955 |
| quarterly average facility case-mix scores, and annual average | 47956 |
| facility case-mix scores. The department may use the recalculated | 47957 |
| quarterly and annual facility average case-mix scores to calculate | 47958 |
| the facility's rate for direct care costs for the appropriate | 47959 |
| calendar quarter or quarters. | 47960 |
| (D) The department shall prepare a written summary of any | 47961 |
| audit disallowance or exception review finding that is made after | 47962 |
| the effective date of the rate that is based on the cost or | 47963 |
|
case-mix information. Where the | 47964 |
| judicial or administrative remedies in good faith regarding the | 47965 |
| disallowance or finding, the department shall not withhold from | 47966 |
| the | 47967 |
| department claims to be due from
the | 47968 |
| section 5111.28 of the Revised Code. | 47969 |
| (E) The department shall not reduce rates calculated under | 47970 |
|
sections | 47971 |
| the basis that
the | 47972 |
| resident who is not
eligible for the | 47973 |
| program. | 47974 |
| (F) The department shall adjust the rates calculated under | 47975 |
|
sections | 47976 |
| account for reasonable additional costs that must be incurred by | 47977 |
| nursing facilities and intermediate care facilities for the | 47978 |
| mentally retarded to comply with requirements of federal or state | 47979 |
| statutes, rules, or policies enacted or amended after January 1, | 47980 |
| 1992, or with orders issued by state or local fire authorities. | 47981 |
| Sec. 5111.28. (A) If a provider properly amends its cost | 47982 |
| report under section 5111.27 of the Revised Code and the amended | 47983 |
| report shows that the provider received a lower rate under the | 47984 |
| original cost report than it was entitled to receive, the | 47985 |
| department of job and family services shall adjust the provider's | 47986 |
| rate prospectively to reflect the corrected information. The | 47987 |
| department shall pay the adjusted rate beginning two months after | 47988 |
| the first day of the month after the provider files the amended | 47989 |
| cost report. If the department finds, from an exception review of | 47990 |
| resident assessment information conducted after the effective date | 47991 |
| of the rate for direct care costs that is based on the assessment | 47992 |
| information, that inaccurate assessment information resulted in | 47993 |
| the provider receiving a lower rate than it was entitled to | 47994 |
| receive, the department prospectively shall adjust the provider's | 47995 |
| rate accordingly and shall make payments using the adjusted rate | 47996 |
| for the remainder of the calendar quarter for which the assessment | 47997 |
| information is used to determine the rate, beginning one month | 47998 |
| after the first day of the month after the exception review is | 47999 |
| completed. | 48000 |
| (B) If the provider properly amends its cost report under | 48001 |
| section 5111.27 of the Revised Code, the department makes a | 48002 |
| finding based on an audit under that section, or the department | 48003 |
| makes a finding based on an exception review of resident | 48004 |
| assessment information conducted under that section after the | 48005 |
| effective date of the rate for direct care costs that is based on | 48006 |
| the assessment information, any of which results in a | 48007 |
| determination that the provider has received a higher rate than it | 48008 |
| was entitled to receive, the department shall recalculate the | 48009 |
| provider's rate using the revised information. The department | 48010 |
| shall apply the recalculated rate to the periods when the provider | 48011 |
| received the incorrect rate to determine the amount of the | 48012 |
| overpayment. The provider shall refund the amount of the | 48013 |
| overpayment. | 48014 |
| In addition to requiring a refund under this division, the | 48015 |
| department may charge the provider interest at the applicable rate | 48016 |
| specified in this division from the time the overpayment was made. | 48017 |
| (1) If the overpayment resulted from costs reported for | 48018 |
| calendar year 1993, the interest shall be no greater than one and | 48019 |
| one-half times the average bank prime rate. | 48020 |
| (2) If the overpayment resulted from costs reported for | 48021 |
| subsequent calendar years: | 48022 |
| (a) The interest shall be no greater than two times the | 48023 |
| average bank prime rate if the overpayment was equal to or less | 48024 |
| than one per cent of the total medicaid payments to the provider | 48025 |
| for the fiscal year for which the incorrect information was used | 48026 |
| to establish a rate. | 48027 |
| (b) The interest shall be no greater than two and one-half | 48028 |
| times the current average bank prime rate if the overpayment was | 48029 |
| greater than one per cent of the total medicaid payments to the | 48030 |
| provider for the fiscal year for which the incorrect information | 48031 |
| was used to establish a rate. | 48032 |
| (C) The department also may impose the following penalties: | 48033 |
| (1) If a provider does not furnish invoices or other | 48034 |
| documentation that the department requests during an audit within | 48035 |
| sixty days after the request, no more than the greater of one | 48036 |
| thousand dollars per audit or twenty-five per cent of the | 48037 |
| cumulative amount by which the costs for which documentation was | 48038 |
| not furnished increased the total medicaid payments to the | 48039 |
| provider during the fiscal year for which the costs were used to | 48040 |
| establish a rate; | 48041 |
| (2) If an owner fails to provide notice of sale of the | 48042 |
|
facility
or voluntary termination of participation in the
| 48043 |
| 48044 | |
| 5111.251 of the Revised Code, no more than the current average | 48045 |
| bank prime rate plus four per cent of the last two monthly | 48046 |
| payments. | 48047 |
| (D) If the provider continues to participate in the | 48048 |
| 48049 | |
| amount that the provider is required to refund under this section, | 48050 |
| and the amount of any interest charged or penalty imposed under | 48051 |
| this section, from the next available payment from the department | 48052 |
| to the provider. The department and the provider may enter into an | 48053 |
| agreement under which the amount, together with interest, is | 48054 |
| deducted in installments from payments from the department to the | 48055 |
| provider. | 48056 |
| (E) The department shall transmit refunds and penalties to | 48057 |
| the treasurer of state for deposit in the general revenue fund. | 48058 |
| (F) For the purpose of this section, the department shall | 48059 |
| determine the average bank prime rate using statistical release | 48060 |
| H.15, "selected interest rates," a weekly publication of the | 48061 |
| federal reserve board, or any successor publication. If | 48062 |
| statistical release H.15, or its successor, ceases to contain the | 48063 |
| bank prime rate information or ceases to be published, the | 48064 |
| department shall request a written statement of the average bank | 48065 |
| prime rate from the federal reserve bank of Cleveland or the | 48066 |
| federal reserve board. | 48067 |
| Sec. 5111.29. (A) The director of job and family services | 48068 |
|
shall
adopt rules | 48069 |
| 5111.02 of the Revised Code that establish a process under which a | 48070 |
| 48071 | |
| 48072 | |
| providers, may seek reconsideration of rates established under | 48073 |
| sections | 48074 |
| including a rate for direct care costs recalculated before the | 48075 |
| effective date of the rate as a result of an exception review of | 48076 |
| resident assessment information conducted under section 5111.27 of | 48077 |
| the Revised Code. | 48078 |
| (1) Except as provided in divisions (A)(2) to (4) of this | 48079 |
|
section, the only issue that a | 48080 |
| association may raise in the rate reconsideration shall be whether | 48081 |
| the rate
was
calculated in accordance with sections | 48082 |
| 5111.20 to | 48083 |
| adopted under | 48084 |
| The
rules shall permit a | 48085 |
| to submit written arguments or other materials that support its | 48086 |
| position. The rules shall specify time frames within which the | 48087 |
| 48088 | |
| act. If the department determines, as a result of the rate | 48089 |
| reconsideration, that the rate established for one or more | 48090 |
| facilities of a provider is less than
the rate to which | 48091 |
| facility is entitled, the department shall increase the rate. If | 48092 |
| the department has paid the incorrect rate for a period of time, | 48093 |
| the department shall pay the | 48094 |
| between the amount | 48095 |
| the facility and the
amount | 48096 |
| for the facility. | 48097 |
| (2) The rules shall provide that during a fiscal year, the | 48098 |
| department, by means of the rate reconsideration process, may | 48099 |
|
increase a facility's rate as calculated under sections | 48100 |
| 5111.20 to
| 48101 |
| the facility demonstrates that
| 48102 |
| allowable costs have increased because of extreme circumstances. A | 48103 |
| facility may qualify for a rate increase only
if
| 48104 |
| facility's per diem, actual, allowable costs have increased to a | 48105 |
| level that exceeds its total rate, including any efficiency or | 48106 |
| quality incentive and return on equity payment. The rules shall | 48107 |
| specify the circumstances that would justify a rate increase under | 48108 |
|
division
(A)(2) of this section.
| 48109 |
| 48110 | |
| circumstances include
| 48111 |
| 48112 | |
| 48113 | |
| 48114 | |
| 48115 | |
| 48116 | |
| 48117 | |
| case of intermediate care facilities for the mentally retarded, | 48118 |
| the rules shall provide that the extreme circumstances include, | 48119 |
| but are not limited to, renovations approved under division (D) of | 48120 |
| section 5111.251 of the Revised Code, an increase in workers' | 48121 |
| compensation experience rating of greater than five per cent for a | 48122 |
| facility that has an appropriate claims management program, | 48123 |
| increased security costs for an inner-city facility, and a change | 48124 |
| of ownership that results from bankruptcy, foreclosure, or | 48125 |
| findings of violations of certification requirements by the | 48126 |
| department of health. An increase under division (A)(2) of this | 48127 |
| section is subject to any rate limitations or maximum rates | 48128 |
|
established by
sections | 48129 |
| Revised Code for specific cost centers. Any rate increase granted | 48130 |
| under division (A)(2) of this section shall take effect on the | 48131 |
| first day of the first month after the department receives the | 48132 |
| request. | 48133 |
| (3) The rules shall provide that the department, through the | 48134 |
|
rate reconsideration process, may increase | 48135 |
| intermediate care facility for the mentally retarded's rate as | 48136 |
|
calculated under sections | 48137 |
| the Revised
Code
if the department, in | 48138 |
| discretion, determines that the rate as calculated under those | 48139 |
| sections works an extreme hardship on the facility. | 48140 |
| (4) The rules shall provide that when beds certified for the | 48141 |
| 48142 | |
| intermediate care facility for the mentally retarded, replaced at | 48143 |
| the same site, or subject to a change of ownership or lease, the | 48144 |
| department, through the rate reconsideration process, shall | 48145 |
| increase the | 48146 |
| mentally retarded's rate for capital costs proportionately, as | 48147 |
| limited by any applicable limitation under
section | 48148 |
| 5111.251 of the Revised Code, to account for the costs of the beds | 48149 |
| that are added, replaced, or subject to a change of ownership or | 48150 |
| lease. The department shall make this increase one month after the | 48151 |
| first day of the month after the department receives sufficient | 48152 |
| documentation of the costs. Any rate increase granted under | 48153 |
| division (A)(4) of this section after June 30, 1993, shall remain | 48154 |
| in effect until the effective date of a rate calculated under | 48155 |
| section
| 48156 |
| costs incurred for a full calendar year for the bed addition, bed | 48157 |
| replacement, or change of ownership or lease. The facility shall | 48158 |
| report double accumulated depreciation in an amount equal to the | 48159 |
| depreciation included in the rate adjustment on its cost report | 48160 |
| for the first year of operation. During the term of any loan used | 48161 |
| to finance a project for which a rate adjustment is granted under | 48162 |
| division (A)(4) of this section, if the facility is operated by | 48163 |
| the same provider,
the | 48164 |
| interest costs it reports on its cost report an amount equal to | 48165 |
| the difference between the following: | 48166 |
| (a) The actual, allowable interest costs for the loan during | 48167 |
| the calendar year for which the costs are being reported; | 48168 |
| (b) The actual, allowable interest costs attributable to the | 48169 |
| loan that were used to calculate the rates paid to the provider | 48170 |
| for the facility during the same calendar year. | 48171 |
| (5) The department's decision at the conclusion of the | 48172 |
| reconsideration process shall not be subject to any administrative | 48173 |
| proceedings under Chapter 119. or any other provision of the | 48174 |
| Revised Code. | 48175 |
| (B) Any audit disallowance that the department makes as the | 48176 |
| result of an audit under section 5111.27 of the Revised Code, any | 48177 |
| adverse finding that results from an exception review of resident | 48178 |
| assessment information conducted under that section after the | 48179 |
| effective date of the facility's rate that is based on the | 48180 |
| assessment information, and any penalty the department imposes | 48181 |
| under division (C) of section 5111.28 of the Revised Code shall be | 48182 |
| subject to an adjudication conducted in accordance with Chapter | 48183 |
| 119. of the Revised Code. | 48184 |
| Sec. 5111.291. Notwithstanding sections 5111.20 to | 48185 |
| 5111.33 of the Revised Code, the department of job and family | 48186 |
| services may compute the rate for intermediate care facilities for | 48187 |
| the mentally retarded operated by the department of mental | 48188 |
| retardation and developmental disabilities or the department of | 48189 |
| mental health according to the reasonable cost principles of Title | 48190 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 48191 |
| U.S.C.A. 1395, as amended. | 48192 |
| Sec. 5111.30. The department of job and family services | 48193 |
| shall terminate
the provider
agreement with a | 48194 |
| 48195 | |
| does not comply with the requirements of section 3721.071 of the | 48196 |
| Revised Code for the installation of fire extinguishing and fire | 48197 |
| alarm systems. | 48198 |
| Sec. 5111.31. (A) Every provider agreement with the provider | 48199 |
| of a nursing facility or intermediate care facility for the | 48200 |
| mentally retarded shall: | 48201 |
| (1) Prohibit the | 48202 |
| to retain as a patient any person because the person is, becomes, | 48203 |
| or may, as a patient in the facility, become a medicaid recipient | 48204 |
| 48205 | |
| purposes of this
division, a medicaid recipient | 48206 |
| 48207 | |
| patient in the facility during any hospital stays totaling less | 48208 |
| than twenty-five days during any twelve-month period. Recipients | 48209 |
| who have been identified by the department of job and family | 48210 |
| services or its designee as requiring the level of care of an | 48211 |
| intermediate care facility for the mentally retarded shall not be | 48212 |
| subject to a maximum period of absences during which they are | 48213 |
| considered patients if prior authorization of the department for | 48214 |
| visits with relatives and friends and participation in therapeutic | 48215 |
| programs is obtained under rules adopted under section 5111.02 of | 48216 |
| the Revised Code. | 48217 |
| (2) | 48218 |
| section, include any part of the facility that meets standards for | 48219 |
| certification of compliance with federal and state laws and rules | 48220 |
| for participation in the | 48221 |
| 48222 | |
| 48223 | |
| 48224 | |
| 48225 | |
| 48226 | |
| 48227 | |
| 48228 | |
| 48229 |
| (3) Prohibit the | 48230 |
| against any patient on the basis of race, color, sex, creed, or | 48231 |
| national origin. | 48232 |
| (4) Except as otherwise prohibited under section 5111.55 of | 48233 |
| the Revised Code, prohibit the | 48234 |
| refusing to accept a patient because the patient is, becomes, or | 48235 |
| may, as a patient in the facility, become a medicaid recipient | 48236 |
| 48237 | |
| eighty per cent of the patients in the facility are medicaid | 48238 |
| recipients | 48239 |
| (B)(1) Except as provided by division (B)(2) of this section, | 48240 |
| the following are not required to be included in a provider | 48241 |
| agreement unless otherwise required by federal law: | 48242 |
| (a) Beds added during the period beginning July 1, 1987, and | 48243 |
| ending July 1, 1993, to a nursing home licensed under Chapter | 48244 |
| 3721. of the Revised Code; | 48245 |
| (b) Beds in an intermediate care facility for the mentally | 48246 |
| retarded that are designated for respite care under a medicaid | 48247 |
| waiver component operated pursuant to a waiver sought under | 48248 |
| section 5111.87 of the Revised Code. | 48249 |
| (2) If a provider chooses to include a bed specified in | 48250 |
| division (B)(1) of this section in a provider agreement, the bed | 48251 |
| may not be removed from the provider agreement unless the provider | 48252 |
| withdraws the facility in which the bed is located from the | 48253 |
| medicaid program. | 48254 |
| (C) Nothing in this section shall bar | 48255 |
| a religious organization operating a religious or denominational | 48256 |
| nursing facility or intermediate care facility for the mentally | 48257 |
| retarded | 48258 |
| 48259 | |
| same religion or denomination. Nothing in this section shall bar | 48260 |
| any | 48261 |
| 48262 |
| | 48263 |
| a county home organized under Chapter 5155. of the Revised Code | 48264 |
| from admitting residents exclusively from the county in which the | 48265 |
| county home is located. | 48266 |
| | 48267 |
| facility for
the mentally retarded | 48268 |
| agreement is in effect shall violate the provider contract | 48269 |
| obligations imposed under this section. | 48270 |
| | 48271 |
| shall
bar | 48272 |
| 48273 | |
| resided in the provider's facility for not less than one year as | 48274 |
| private pay patients and who subsequently become medicaid | 48275 |
| recipients | 48276 |
| to accept as a patient any person who is or may, as a patient in | 48277 |
| the facility, become a medicaid recipient
| 48278 |
| 48279 |
| (1) The | 48280 |
| patient who has resided in the provider's facility for not less | 48281 |
| than one year as a private pay patient because the patient becomes | 48282 |
| a medicaid recipient
| 48283 |
| except as necessary to comply with
division | 48284 |
| section; | 48285 |
| (2) The number of medicaid recipients retained under this | 48286 |
| division does not at any time exceed ten per cent of all the | 48287 |
| patients in the facility; | 48288 |
| (3) On July 1, 1980, all the patients in the facility were | 48289 |
| private pay patients. | 48290 |
| Sec. 5111.32. Any patient has a cause of action against the | 48291 |
| provider of a nursing facility or intermediate care facility for | 48292 |
| the mentally retarded for breach of the provider agreement | 48293 |
| obligations or other duties imposed by section 5111.31 of the | 48294 |
| Revised Code. The action may be commenced by the patient, or on | 48295 |
| 48296 | |
| residents' rights advocate, as either is defined under section | 48297 |
| 3721.10 of the Revised Code, by the filing of a civil action in | 48298 |
| the court of common pleas of the county in which the facility is | 48299 |
| located, or in the court of common pleas of Franklin county. | 48300 |
| If the court finds that a breach of the provider agreement | 48301 |
| obligations imposed by section 5111.31 of the Revised Code has | 48302 |
| occurred, the court
may enjoin the
| 48303 |
| in the practice, order such affirmative relief as may be | 48304 |
| necessary, and award to the patient and a person or public agency | 48305 |
| that brings an action on behalf of a patient actual damages, | 48306 |
| costs, and reasonable attorney's fees. | 48307 |
| Sec. 5111.33. Reimbursement to | 48308 |
| 48309 | |
| under sections 5111.20 to 5111.32 of the Revised Code shall | 48310 |
| include
payments to | 48311 |
| the percentage of the per resident per day rates that the | 48312 |
| department of job and family services has established for the | 48313 |
| provider's nursing facility or intermediate care facility for the | 48314 |
| mentally retarded under sections | 48315 |
| 5111.33 of the Revised Code for the fiscal year for which the cost | 48316 |
| of services is reimbursed, to reserve a bed for a recipient during | 48317 |
| a temporary absence under conditions prescribed by the department, | 48318 |
| to include hospitalization for an acute condition, visits with | 48319 |
| relatives and friends, and participation in therapeutic programs | 48320 |
| outside the facility, when the resident's plan of care provides | 48321 |
| for such absence and federal participation in the payments is | 48322 |
| available. The maximum period during which payments may be made to | 48323 |
| reserve a bed shall not exceed the maximum period specified under | 48324 |
| federal regulations, and shall not be more than thirty days during | 48325 |
| any calendar year for hospital stays, visits with relatives and | 48326 |
| friends, and participation in therapeutic programs. Recipients who | 48327 |
| have been identified by the department as requiring the level of | 48328 |
| care of an intermediate care facility for the mentally retarded | 48329 |
| shall not be subject to a maximum period during which payments may | 48330 |
| be made to reserve a bed if prior authorization of the department | 48331 |
| is obtained for hospital stays, visits with relatives and friends, | 48332 |
| and participation in therapeutic programs. The director of job and | 48333 |
| family
services shall adopt rules under
| 48334 |
| 5111.02 of the Revised Code establishing conditions under which | 48335 |
| prior authorization may be obtained. | 48336 |
| Sec. 5111.62. The proceeds of all fines, including interest, | 48337 |
| collected under sections 5111.35 to 5111.62 of the Revised Code | 48338 |
| shall be deposited in the state treasury to the credit of the | 48339 |
| residents protection fund, which is hereby created.
| 48340 |
| proceeds of all fines, including interest, collected under section | 48341 |
| 173.42 of the Revised Code shall be deposited in the state | 48342 |
| treasury to the credit of the residents protection fund. | 48343 |
| Moneys in the fund shall be used for the protection of the | 48344 |
| health or property of residents of nursing facilities in which the | 48345 |
| department of health finds deficiencies, including payment for the | 48346 |
| costs of relocation of residents to other facilities, maintenance | 48347 |
| of operation of a facility pending correction of deficiencies or | 48348 |
| closure, and reimbursement of residents for the loss of money | 48349 |
| managed by the facility under section 3721.15 of the Revised Code. | 48350 |
| 48351 |
| The fund shall be maintained and administered by the | 48352 |
| department of job and family services under rules developed in | 48353 |
| consultation with the departments of health and aging and adopted | 48354 |
| by the director of job and family services under Chapter 119. of | 48355 |
| the Revised Code. | 48356 |
| Sec. 5111.85. (A) As used in this section, "medicaid waiver | 48357 |
| component" means a component of the medicaid program authorized by | 48358 |
| a waiver granted by the United States department of health and | 48359 |
| human services under section 1115 or 1915 of the "Social Security | 48360 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid | 48361 |
| waiver component" does not include a care management system | 48362 |
| established under section 5111.16 of the Revised Code. | 48363 |
| (B) The director of job and family services may adopt rules | 48364 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 48365 |
| components that establish all of the following: | 48366 |
| (1) Eligibility requirements for the medicaid waiver | 48367 |
| components; | 48368 |
| (2) The type, amount, duration, and scope of services the | 48369 |
| medicaid waiver components provide; | 48370 |
| (3) The conditions under which the medicaid waiver components | 48371 |
| cover services; | 48372 |
| (4) The amount the medicaid waiver components pay for | 48373 |
| services or the method by which the amount is determined; | 48374 |
| (5) The manner in which the medicaid waiver components pay | 48375 |
| for services; | 48376 |
| (6) Safeguards for the health and welfare of medicaid | 48377 |
| recipients receiving services under a medicaid waiver component; | 48378 |
| (7) Procedures for enforcing the rules, including | 48379 |
| establishing corrective action plans for, and imposing financial | 48380 |
| and administrative sanctions on, persons and government entities | 48381 |
| that violate the rules. Sanctions shall include terminating | 48382 |
| medicaid provider agreements. The procedures shall include due | 48383 |
| process protections. | 48384 |
| (8) Other policies necessary for the efficient administration | 48385 |
| of the medicaid waiver components. | 48386 |
| (C) The director of job and family services may adopt | 48387 |
| different rules for the different medicaid waiver components. The | 48388 |
| rules shall be consistent with the terms of the waiver authorizing | 48389 |
| the medicaid waiver component. | 48390 |
| | 48391 |
| 48392 | |
| 48393 | |
| 48394 | |
| 48395 | |
| 48396 | |
| 48397 | |
| 48398 | |
| 48399 | |
| 48400 | |
| 48401 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 48402 |
| of the Revised Code: | 48403 |
| "Administrative agency" means, with respect to a home and | 48404 |
| community-based services medicaid waiver component, the department | 48405 |
| of job and family services or, if a state agency or political | 48406 |
| subdivision contracts with the department under section 5111.91 of | 48407 |
| the Revised Code to administer the component, that state agency or | 48408 |
| political subdivision. | 48409 |
| "Home and community-based services medicaid waiver component" | 48410 |
| means a medicaid waiver component as defined in section 5111.85 of | 48411 |
| the Revised Code under which home and community-based services are | 48412 |
| provided as an alternative to hospital, nursing facility, or | 48413 |
| intermediate care facility for the mentally retarded services. | 48414 |
| "Hospital" has the same meaning as in section 3727.01 of the | 48415 |
| Revised Code. | 48416 |
| "Intermediate care facility for the mentally retarded" has | 48417 |
| the same meaning as in section 5111.20 of the Revised Code. | 48418 |
| "Level of care determination" means a determination of | 48419 |
| whether an individual needs the level of care provided by a | 48420 |
| hospital, nursing facility, or intermediate care facility for the | 48421 |
| mentally retarded and whether the individual, if determined to | 48422 |
| need that level of care, would receive hospital, nursing facility, | 48423 |
| or intermediate care facility for the mentally retarded services | 48424 |
| if not for a home and community-based services medicaid waiver | 48425 |
| component. | 48426 |
| "Nursing facility" has the same meaning as in section 5111.20 | 48427 |
| of the Revised Code. | 48428 |
| "Skilled nursing facility" means a facility certified as a | 48429 |
| skilled nursing facility under Title XVIII of the "Social Security | 48430 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 48431 |
| (B) The following requirements apply to each home and | 48432 |
| community-based services medicaid waiver component: | 48433 |
| (1) Only an individual who qualifies for a component shall | 48434 |
| receive that component's services. | 48435 |
| (2) A level of care determination shall be made as part of | 48436 |
| the process of determining whether an individual qualifies for a | 48437 |
| component and shall be made each year after the initial | 48438 |
| determination if, during such a subsequent year, the | 48439 |
| administrative agency determines there is a reasonable indication | 48440 |
| that the individual's needs have changed. | 48441 |
| (3) A written plan of care or individual service plan based | 48442 |
| on an individual assessment of the services that an individual | 48443 |
| needs to avoid needing hospital, nursing facility, or intermediate | 48444 |
| care facility for the mentally retarded services shall be created | 48445 |
| for each individual determined eligible for a component. | 48446 |
| (4) Each individual determined eligible for a component shall | 48447 |
| receive that component's services in accordance with the | 48448 |
| individual's level of care determination and written plan of care | 48449 |
| or individual service plan. | 48450 |
| (5) No individual may receive services under a component | 48451 |
| while the individual is a hospital inpatient or resident of a | 48452 |
| skilled nursing facility, nursing facility, or intermediate care | 48453 |
| facility for the mentally retarded. | 48454 |
| (6) No individual may receive prevocational, educational, or | 48455 |
| supported employment services under a component if the individual | 48456 |
| is eligible for such services that are funded with federal funds | 48457 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 48458 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 48459 |
| (7) Safeguards shall be taken to protect the health and | 48460 |
| welfare of individuals receiving services under a component, | 48461 |
| including safeguards established in rules adopted under section | 48462 |
| 5111.85 of the Revised Code and safeguards established by | 48463 |
| licensing and certification requirements that are applicable to | 48464 |
| the providers of that component's services. | 48465 |
| (8) No services may be provided under a component by a | 48466 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 48467 |
| requires be established if the provider fails to comply with the | 48468 |
| standards applicable to the provider. | 48469 |
| (9) Individuals determined to be eligible for a component, or | 48470 |
| such individuals' representatives, shall be informed of that | 48471 |
| component's services, including any choices that the individual or | 48472 |
| representative may make regarding the component's services, and | 48473 |
| given the choice of either receiving services under that component | 48474 |
| or, as appropriate, hospital, nursing facility, or intermediate | 48475 |
| care facility for the mentally retarded services. | 48476 |
| Sec. 5111.852. The department of job and family services may | 48477 |
| review and approve, modify, or deny written plans of care and | 48478 |
| individual service plans that section 5111.851 of the Revised Code | 48479 |
| requires be created for individuals determined eligible for a home | 48480 |
| and community-based services medicaid waiver component. If a state | 48481 |
| agency or political subdivision contracts with the department | 48482 |
| under section 5111.91 of the Revised Code to administer a home and | 48483 |
| community-based services medicaid waiver component and approves, | 48484 |
| modifies, or denies a written plan of care or individual service | 48485 |
| plan pursuant to the agency's or subdivision's administration of | 48486 |
| the component, the department may review the agency's or | 48487 |
| subdivision's approval, modification, or denial and order the | 48488 |
| agency or subdivision to reverse or modify the approval, | 48489 |
| modification, or denial. The state agency or political subdivision | 48490 |
| shall comply with the department's order. | 48491 |
| The department of job and family services shall be granted | 48492 |
| full and immediate access to any records the department needs to | 48493 |
| implement its duties under this section. | 48494 |
| Sec. 5111.853. Each administrative agency shall maintain, | 48495 |
| for a period of time the department of job and family services | 48496 |
| shall specify, financial records documenting the costs of services | 48497 |
| provided under the home and community-based services medicaid | 48498 |
| waiver components that the agency administers, including records | 48499 |
| of independent audits. The administrative agency shall make the | 48500 |
| financial records available on request to the United States | 48501 |
| secretary of health and human services, United States comptroller | 48502 |
| general, and their designees. | 48503 |
| Sec. 5111.854. Each administrative agency is financially | 48504 |
| accountable for funds expended for services provided under the | 48505 |
| home and community-based services medicaid waiver components that | 48506 |
| the agency administers. | 48507 |
| Sec. 5111.855. Each state agency and political subdivision | 48508 |
| that enters into a contract with the department of job and family | 48509 |
| services under section 5111.91 of the Revised Code to administer a | 48510 |
| home and community-based services medicaid waiver component, or | 48511 |
| one or more aspects of such a component, shall provide the | 48512 |
| department a written assurance that the agency or subdivision will | 48513 |
| not violate any of the requirements of sections 5111.85 to | 48514 |
| 5111.854 of the Revised Code. | 48515 |
| | 48516 |
| (1) "Hospital" has the same meaning as in section 3727.01 of | 48517 |
| the Revised Code. | 48518 |
| (2) "Medicaid waiver component" has the same meaning as in | 48519 |
| section 5111.85 of the Revised Code. | 48520 |
| (3) "Nursing facility" has the same meaning as in section | 48521 |
| 5111.20 of the Revised Code. | 48522 |
| (B) The director of job and family services may submit | 48523 |
| 48524 | |
| human services pursuant to section 1915 of the "Social Security | 48525 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain | 48526 |
| waivers of federal medicaid requirements that would otherwise be | 48527 |
| violated in the creation and implementation of two or more | 48528 |
| medicaid waiver components under which home and community-based | 48529 |
| services | 48530 |
| 48531 | |
| 48532 | |
| 48533 | |
| individuals who need the level of care provided by a nursing | 48534 |
| facility or hospital. In the | 48535 |
| specify the following: | 48536 |
|
(1) | 48537 |
| 48538 | |
| 48539 | |
| 48540 |
| | 48541 |
| 48542 | |
| 48543 |
| | 48544 |
| who may be enrolled in | 48545 |
| 48546 | |
| 48547 | |
| requests; | 48548 |
| | 48549 |
| 48550 | |
| individual enrolled in the | 48551 |
| components; | 48552 |
|
( | 48553 |
| 48554 | |
| individuals enrolled in the | 48555 |
| components; | 48556 |
| | 48557 |
| selects for the | 48558 |
| | 48559 |
| requested under this section, the director may create and | 48560 |
| implement the | 48561 |
| accordance with the provisions of the approved waivers | 48562 |
| The department of job and family services shall administer the | 48563 |
| 48564 |
| | 48565 |
| 48566 | |
| 48567 | |
| 48568 | |
| 48569 | |
| 48570 | |
| 48571 | |
| 48572 |
| To the extent necessary for the efficient and economical | 48573 |
| administration of medicaid waiver components, the director may | 48574 |
| transfer an individual enrolled in a medicaid waiver component | 48575 |
| that the United States secretary of health and human services | 48576 |
| approved before the effective date of this amendment and is | 48577 |
| administered by the department to a medicaid waiver component | 48578 |
| created under this section if the individual is eligible for the | 48579 |
| medicaid waiver component created under this section and the | 48580 |
| transfer does not jeopardize the individual's health or safety. | 48581 |
| After the first of any medicaid waiver components created | 48582 |
| under this section begins to enroll eligible individuals, the | 48583 |
| director may submit to the United States secretary of health and | 48584 |
| human services an amendment to the medicaid waiver authorizing the | 48585 |
| Ohio home care program that provides for the department to cease | 48586 |
| enrolling additional individuals in the Ohio home care program. If | 48587 |
| the secretary approves the amendment, the director may cease to | 48588 |
| enroll additional individuals in the Ohio home care program. | 48589 |
| Sec. 5111.87. (A) As used in this section and section | 48590 |
| 5111.871
of
the Revised Code | 48591 |
| (1) "Intermediate care facility for the mentally retarded" | 48592 |
| has the same meaning as in section 5111.20 of the Revised Code. | 48593 |
| (2) "Medicaid waiver component" has the same meaning as in | 48594 |
| section 5111.85 of the Revised Code. | 48595 |
| (B) The director of job and family services may apply to the | 48596 |
| United States secretary of health and human services for both of | 48597 |
| the following: | 48598 |
| (1) One or
more medicaid | 48599 |
| which home and community-based services are provided to | 48600 |
| individuals with mental retardation or other developmental | 48601 |
| disability as an alternative to placement in an intermediate care | 48602 |
| facility for the mentally retarded; | 48603 |
|
(2) One or more medicaid | 48604 |
| which home and community-based services are provided in the form | 48605 |
| of | 48606 |
| (a) Early intervention and supportive services for children | 48607 |
| under three years of age | 48608 |
| 48609 | |
| disabilities the director determines are significant; | 48610 |
|
(b) Therapeutic services for children who have autism | 48611 |
| 48612 |
| (c) Specialized habilitative services for individuals who are | 48613 |
| eighteen years of age or older and have autism. | 48614 |
| (C) No medicaid waiver component authorized by division | 48615 |
| (B)(2)(b) or (c) of this section shall provide services that are | 48616 |
| available under another medicaid waiver component. No medicaid | 48617 |
| waiver component authorized by division (B)(2)(b) of this section | 48618 |
| shall provide services to an individual that the individual is | 48619 |
| eligible to receive through an individualized education program as | 48620 |
| defined in section 3323.01 of the Revised Code. | 48621 |
| (D) The director of mental retardation and developmental | 48622 |
| disabilities or director of health may request that the director | 48623 |
| of job and family services apply for one or more medicaid waivers | 48624 |
| under this section. | 48625 |
| | 48626 |
| director of job and family services shall seek, accept, and | 48627 |
| consider public comments. | 48628 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of | 48629 |
| the Revised Code: | 48630 |
| "Assisted living program" means the medicaid waiver component | 48631 |
| for which the director of job and family services is authorized by | 48632 |
| this section to request a medicaid waiver. | 48633 |
| "Assisted living services" means the following home and | 48634 |
| community-based services: personal care, homemaker, chore, | 48635 |
| attendant care, companion, medication oversight, and therapeutic | 48636 |
| social and recreational programming. | 48637 |
| "Medicaid waiver component" has the same meaning as in | 48638 |
| section 5111.85 of the Revised Code. | 48639 |
| "Nursing facility" has the same meaning as in section 5111.20 | 48640 |
| of the Revised Code. | 48641 |
| "Residential care facility" has the same meaning as in | 48642 |
| section 3721.01 of the Revised Code. | 48643 |
| (B) The director of job and family services may submit a | 48644 |
| request to the United States secretary of health and human | 48645 |
| services under 42 U.S.C. 1396n to obtain a waiver of federal | 48646 |
| medicaid requirements that would otherwise be violated in the | 48647 |
| creation and implementation of a program under which assisted | 48648 |
| living services are provided to not more than one thousand | 48649 |
| residents of residential care facilities who meet the program's | 48650 |
| eligibility requirements established under section 5111.891 of the | 48651 |
| Revised Code. | 48652 |
| If the secretary approves the medicaid waiver requested under | 48653 |
| this section and the director of budget and management approves | 48654 |
| the contract, the department of job and family services shall | 48655 |
| enter into a contract with the department of aging under section | 48656 |
| 5111.91 of the Revised Code that provides for the department of | 48657 |
| aging to administer the assisted living program. The contract | 48658 |
| shall include an estimate of the program's costs. | 48659 |
| The director of job and family services may adopt rules under | 48660 |
| section 5111.85 of the Revised Code regarding the assisted living | 48661 |
| program. The director of aging may adopt rules under Chapter 119. | 48662 |
| of the Revised Code regarding the program. The rules the director | 48663 |
| of aging adopts shall concern issues not addressed by the rules | 48664 |
| for the program adopted by the director of job and family | 48665 |
| services. | 48666 |
| Sec. 5111.891. To be eligible for the assisted living | 48667 |
| program, an individual must meet all of the following | 48668 |
| requirements: | 48669 |
| (A) Need an intermediate level of care as determined under | 48670 |
| rule 5101:3-3-06 of the Administrative Code; | 48671 |
| (B) At the time the individual applies for the assisted | 48672 |
| living program, be one of the following: | 48673 |
| (1) A nursing facility resident seeking to move to a | 48674 |
| residential care facility; | 48675 |
| (2) A participant of any of the following medicaid waiver | 48676 |
| components who would move to a nursing facility if not for the | 48677 |
| assisted living program: | 48678 |
| (a) The PASSPORT program created under section 173.40 of the | 48679 |
| Revised Code; | 48680 |
| (b) The medicaid waiver component called the choices program | 48681 |
| that the department of aging administers; | 48682 |
| (c) A medicaid waiver component that the department of job | 48683 |
| and family services administers. | 48684 |
| (C) At the time the individual receives assisted living | 48685 |
| services under the assisted living program, reside in either of | 48686 |
| the following: | 48687 |
| (1) A residential care facility that is licensed under | 48688 |
| Chapter 3721. of the Revised Code on the effective date of this | 48689 |
| section and to which either of the following applies: | 48690 |
| (a) It consists of beds that previously were licensed as | 48691 |
| nursing home beds under Chapter 3721. of the Revised Code and were | 48692 |
| converted to residential care facility beds for the purpose of the | 48693 |
| facility participating in the assisted living program. | 48694 |
| (b) It is a part of a system of continuing care that is | 48695 |
| operated in conjunction with a nursing facility and one or more | 48696 |
| other facilities that provide a less intensive level of care, such | 48697 |
| as an adult care facility licensed under Chapter 3722. of the | 48698 |
| Revised Code or an independent living arrangement, and provides | 48699 |
| residents a contractual right of admission to the nursing | 48700 |
| facility. | 48701 |
| (2) A residential care facility that is licensed under | 48702 |
| Chapter 3721. of the Revised Code and owned or operated by a | 48703 |
| metropolitan housing authority that has a contract with the United | 48704 |
| States department of housing and urban development to receive an | 48705 |
| operating subsidy or rental assistance for the residents of the | 48706 |
| facility. | 48707 |
| (D) Meet all other eligibility requirements for the assisted | 48708 |
| living program established in rules adopted under section 5111.85 | 48709 |
| of the Revised Code. | 48710 |
| Sec. 5111.892. A residential care facility providing | 48711 |
| services covered by the assisted living program to an individual | 48712 |
| enrolled in the program shall have staff on-site twenty-four hours | 48713 |
| each day who are able to do all of the following: | 48714 |
| (A) Meet the scheduled and unpredicted needs of the | 48715 |
| individuals enrolled in the assisted living program in a manner | 48716 |
| that promotes the individuals' dignity and independence; | 48717 |
| (B) Provide supervision services for those individuals; | 48718 |
| (C) Help keep the individuals safe and secure. | 48719 |
| Sec. 5111.893. If the United States secretary of health and | 48720 |
| human services approves a medicaid waiver authorizing the assisted | 48721 |
| living program, the director of aging shall contract with a person | 48722 |
| or government entity to evaluate the program's cost effectiveness. | 48723 |
| The director shall provide the results of the evaluation to the | 48724 |
| governor, president and minority leader of the senate, and speaker | 48725 |
| and minority leader of the house of representatives not later than | 48726 |
| June 30, 2007. | 48727 |
| Sec. 5111.911. Any contract the department of job and family | 48728 |
| services enters into with the department of mental health or | 48729 |
| department of alcohol and drug addiction services under section | 48730 |
| 5111.91 of the Revised Code is subject to the approval of the | 48731 |
| director of budget and management and shall require or specify all | 48732 |
| of the following: | 48733 |
| (A) In the case of a contract with the department of mental | 48734 |
| health, that section 5111.912 of the Revised Code be complied | 48735 |
| with; | 48736 |
| (B) In the case of a contract with the department of alcohol | 48737 |
| and drug addiction services, that section 5111.913 of the Revised | 48738 |
| Code be complied with; | 48739 |
|
(C) How providers will be paid for providing | 48740 |
| drug addiction, and mental health services covered by medicaid | 48741 |
| under the federal option of covering rehabilitative services; | 48742 |
| (D) A process for making payments to the providers based on a | 48743 |
| provider-specific fixed-rate reimbursement methodology; | 48744 |
| (E) The department of mental health's or department of | 48745 |
| alcohol and drug addiction services' responsibilities for | 48746 |
| reimbursing providers | 48747 |
| (F) Procedures for program oversight and quality assurance, | 48748 |
| including procedures for utilization review, utilization | 48749 |
| management, and care management. | 48750 |
| Sec. 5111.914. (A) As used in this section, "provider" has | 48751 |
| the same meaning as in section 5111.06 of the Revised Code. | 48752 |
| (B) If a state agency that enters into a contract with the | 48753 |
| department of job and family services under section 5111.91 of the | 48754 |
| Revised Code identifies that a medicaid overpayment has been made | 48755 |
| to a provider, the state agency may commence actions to recover | 48756 |
| the overpayment on behalf of the department. | 48757 |
| (C) In recovering an overpayment pursuant to this section, a | 48758 |
| state agency shall comply with the following procedures: | 48759 |
| (1) The state agency shall attempt to recover the overpayment | 48760 |
| by notifying the provider of the overpayment and requesting | 48761 |
| voluntary repayment. Not later than five business days after | 48762 |
| notifying the provider, the state agency shall notify the | 48763 |
| department in writing of the overpayment. The state agency may | 48764 |
| negotiate a settlement of the overpayment and notify the | 48765 |
| department of the settlement. A settlement negotiated by the state | 48766 |
| agency is not valid and shall not be implemented until the | 48767 |
| department has given its written approval of the settlement. | 48768 |
| (2) If the state agency is unable to obtain voluntary | 48769 |
| repayment of an overpayment, the agency shall give the provider | 48770 |
| notice of an opportunity for a hearing in accordance with Chapter | 48771 |
| 119. of the Revised Code. If the provider timely requests a | 48772 |
| hearing in accordance with section 119.07 of the Revised Code, the | 48773 |
| state agency shall conduct the hearing to determine the legal and | 48774 |
| factual validity of the overpayment. On completion of the hearing, | 48775 |
| the state agency shall submit its hearing officer's report and | 48776 |
| recommendation and the complete record of proceedings, including | 48777 |
| all transcripts, to the director of job and family services for | 48778 |
| final adjudication. The director may issue a final adjudication | 48779 |
| order in accordance with Chapter 119. of the Revised Code. The | 48780 |
| state agency shall pay any attorney's fees imposed under section | 48781 |
| 119.092 of the Revised Code. The department of job and family | 48782 |
| services shall pay any attorney's fees imposed under section | 48783 |
| 2335.39 of the Revised Code. | 48784 |
| (D) In any action taken by a state agency under this section | 48785 |
| that requires the agency to give notice of an opportunity for a | 48786 |
| hearing in accordance with Chapter 119. of the Revised Code, if | 48787 |
| the agency gives notice of the opportunity for a hearing but the | 48788 |
| provider subject to the notice does not request a hearing or | 48789 |
| timely request a hearing in accordance with section 119.07 of the | 48790 |
| Revised Code, the agency is not required to hold a hearing. The | 48791 |
| agency may request that the director of job and family services | 48792 |
| issue a final adjudication order in accordance with Chapter 119. | 48793 |
| of the Revised Code. | 48794 |
| (E) This section does not preclude the department of job and | 48795 |
| family services from adjudicating a final fiscal audit under | 48796 |
| section 5111.06 of the Revised Code, recovering overpayments under | 48797 |
| section 5111.061 of the Revised Code, or making findings or taking | 48798 |
| other actions authorized by this chapter. | 48799 |
| Sec. 5111.915. (A) The department of job and family services | 48800 |
| shall enter into an interagency agreement with the department of | 48801 |
| administrative services for the department of administrative | 48802 |
| services to acquire through competitive selection pursuant to | 48803 |
| section 125.05 of the Revised Code a computer system to be known | 48804 |
| as the medicaid enterprise data warehouse. This computer system | 48805 |
| shall be used to enhance fraud and abuse detection, improve | 48806 |
| program management and budgeting, and improve performance | 48807 |
| measurement capabilities of all agencies serving medicaid | 48808 |
| recipients, including the departments of aging, alcohol and drug | 48809 |
| addiction services, health, job and family services, mental | 48810 |
| health, and mental retardation and development disabilities. | 48811 |
| The department of administrative services shall take all | 48812 |
| necessary steps to receive and review bids for the medicaid | 48813 |
| enterprise data warehouse within ninety days after the effective | 48814 |
| date of this section. | 48815 |
| (B) A vendor with whom the department of administrative | 48816 |
| services contracts to implement the medicaid enterprise data | 48817 |
| warehouse must have performed the following services prior to the | 48818 |
| department accepting the vendor's bid: | 48819 |
| (1) Successfully implemented an enterprise data warehouse in | 48820 |
| a state whose health and human services budget, including | 48821 |
| medicaid, is equal to or exceeds Ohio's medicaid budget; | 48822 |
| (2) Demonstrated an ability to link, at a minimum, the | 48823 |
| following data sets: | 48824 |
| (a) Medicaid; | 48825 |
| (b) Temporary assistance for needy families; | 48826 |
| (c) Vital records. | 48827 |
| | 48828 |
| facility" has the same meaning as in section 5111.20 of the | 48829 |
| Revised Code. | 48830 |
| (B) To the extent funds are available, the director of job | 48831 |
| and family services may establish the Ohio access success project | 48832 |
| to help medicaid recipients make the transition from residing in a | 48833 |
| nursing facility to residing in a community setting. The program | 48834 |
| may be established as a separate non-medicaid program or | 48835 |
| integrated into a new or existing program of medicaid-funded home | 48836 |
| and community-based services authorized by a waiver approved by | 48837 |
| the United States department of health and human services. The | 48838 |
| department may limit the number of program participants. | 48839 |
| To be eligible for benefits under the project, a medicaid | 48840 |
| recipient must satisfy all of the following requirements: | 48841 |
| (1) Be a recipient of medicaid-funded nursing facility | 48842 |
| services, at the time of applying for the benefits; | 48843 |
| (2) Have resided continuously in a nursing facility for not | 48844 |
| less than | 48845 |
| in the project; | 48846 |
| (3) Need the level of care provided by nursing facilities; | 48847 |
| (4) For participation in a non-medicaid program, receive | 48848 |
| services to remain in the community with a projected cost not | 48849 |
| exceeding eighty per cent of the average monthly medicaid cost of | 48850 |
| a medicaid recipient in a nursing facility; | 48851 |
| (5) For participation in a program established as part of a | 48852 |
| medicaid-funded home and community-based services waiver program, | 48853 |
| meet waiver enrollment criteria. | 48854 |
| (C) If the director establishes the Ohio access success | 48855 |
| project, the benefits provided under the project may include | 48856 |
| payment of all of the following: | 48857 |
| (1) The first month's rent in a community setting; | 48858 |
| (2) Rental deposits; | 48859 |
| (3) Utility deposits; | 48860 |
| (4) Moving expenses; | 48861 |
| (5) Other expenses not covered by the medicaid program that | 48862 |
| facilitate a medicaid recipient's move from a nursing facility to | 48863 |
| a community setting. | 48864 |
| (D) If the project is established as a non-medicaid program, | 48865 |
| no participant may receive more than two thousand dollars worth of | 48866 |
| benefits under the project. | 48867 |
| (E) The director may submit a request to the United States | 48868 |
| secretary of health and human services pursuant to section 1915 of | 48869 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, | 48870 |
| as amended, to create a medicaid home and community-based services | 48871 |
| waiver program to serve individuals who meet the criteria for | 48872 |
| participation in the Ohio access success project. The director may | 48873 |
| adopt rules under Chapter 119. of the Revised Code for the | 48874 |
| administration and operation of the program. | 48875 |
| Sec. 5111.98. (A) The director of job and family services | 48876 |
| may do all of the following as necessary for the department of job | 48877 |
| and family services to fulfill the duties it has, as the single | 48878 |
| state agency for the medicaid program, under the "Medicare | 48879 |
| Prescription Drug, Improvement, and Modernization Act of 2003" | 48880 |
| Pub. L. No. 108-173, 117 Stat. 2066: | 48881 |
| (1) Adopt rules; | 48882 |
| (2) Assign duties to county departments of job and family | 48883 |
| services; | 48884 |
| (3) Make payments to the United States department of health | 48885 |
| and human services from appropriations made to the department of | 48886 |
| job and family services for this purpose. | 48887 |
| (B) Rules adopted under division (A)(1) of this section shall | 48888 |
| be adopted as follows: | 48889 |
| (1) If the rules concern the department's duties regarding | 48890 |
| service providers, in accordance with Chapter 119. of the Revised | 48891 |
| Code; | 48892 |
| (2) If the rules concern the department's duties concerning | 48893 |
| individuals' eligibility for services, in accordance with section | 48894 |
| 111.15 of the Revised Code; | 48895 |
| (3) If the rules concern the department's duties concerning | 48896 |
| financial and operational matters between the department and | 48897 |
| county departments of job and family services, in accordance with | 48898 |
| section 111.15 of the Revised Code as if the rules were internal | 48899 |
| management rules. | 48900 |
| Sec. 5111.99. (A) Whoever violates division (B) of section | 48901 |
|
5111.26 or
division | 48902 |
| shall be fined not less than five hundred dollars nor more than | 48903 |
| one thousand dollars for the first offense and not less than one | 48904 |
| thousand dollars nor more than five thousand dollars for each | 48905 |
| subsequent offense. Fines paid under this section shall be | 48906 |
| deposited in the state treasury to the credit of the general | 48907 |
| revenue fund. | 48908 |
| (B) Whoever violates division (D) of section 5111.61 of the | 48909 |
| Revised Code is guilty of registering a false complaint, a | 48910 |
| misdemeanor of the first degree. | 48911 |
| Sec. 5112.03. (A) The director of job and family services | 48912 |
| shall adopt, and may amend and rescind, rules in accordance with | 48913 |
| Chapter 119. of the Revised Code for the purpose of administering | 48914 |
| sections 5112.01 to 5112.21 of the Revised Code, including rules | 48915 |
| that do all of the following: | 48916 |
| (1) Define as a "disproportionate share hospital" any | 48917 |
| hospital included under subsection (b) of section 1923 of the | 48918 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 48919 |
| 1396r-4(b), as amended, and any other hospital the director | 48920 |
| determines appropriate; | 48921 |
| (2) Prescribe the form for submission of cost reports under | 48922 |
| section 5112.04 of the Revised Code; | 48923 |
| (3) Establish, in accordance with division (A) of section | 48924 |
| 5112.06 of the Revised Code, the assessment rate or rates to be | 48925 |
| applied to hospitals under that section; | 48926 |
| (4) Establish schedules for hospitals to pay installments on | 48927 |
| their assessments under section 5112.06 of the Revised Code and | 48928 |
| for governmental hospitals to pay installments on their | 48929 |
| intergovernmental transfers under section 5112.07 of the Revised | 48930 |
| Code; | 48931 |
| (5) Establish procedures to notify hospitals of adjustments | 48932 |
| made under division (B)(2)(b) of section 5112.06 of the Revised | 48933 |
| Code in the amount of installments on their assessment; | 48934 |
| (6) Establish procedures to notify hospitals of adjustments | 48935 |
| made under division (D) of section 5112.09 of the Revised Code in | 48936 |
| the total amount of their assessment and to adjust for the | 48937 |
| remainder of the program year the amount of the installments on | 48938 |
| the assessments; | 48939 |
| (7) Establish, in accordance with section 5112.08 of the | 48940 |
| Revised Code, the methodology for paying hospitals under that | 48941 |
| section. | 48942 |
| The director shall consult with hospitals when adopting the | 48943 |
| rules required by divisions (A)(4) and (5) of this section in | 48944 |
| order to minimize hospitals' cash flow difficulties. | 48945 |
| (B) Rules adopted under this section may provide that "total | 48946 |
| facility costs" excludes costs associated with any of the | 48947 |
| following: | 48948 |
| (1) Recipients of the medical assistance program; | 48949 |
| (2) Recipients of financial assistance provided under Chapter | 48950 |
| 5115. of the Revised Code; | 48951 |
| (3) | 48952 |
| 48953 |
| | 48954 |
| children established under section 3701.023 of the Revised Code; | 48955 |
| | 48956 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 48957 |
| U.S.C.A. 301, as amended: | 48958 |
| | 48959 |
| | 48960 |
| director in accordance with Title XIX of the "Social Security Act" | 48961 |
| and the rules adopted under that title. | 48962 |
| Sec. 5112.08. The director of job and family services shall | 48963 |
| adopt rules under section 5112.03 of the Revised Code establishing | 48964 |
| a methodology to pay hospitals that is sufficient to expend all | 48965 |
| money in the indigent care pool. Under the rules: | 48966 |
| (A) The department of job and family services may classify | 48967 |
| similar hospitals into groups and allocate funds for distribution | 48968 |
| within each group. | 48969 |
| (B) The department shall establish a method of allocating | 48970 |
| funds to hospitals, taking into consideration the relative amount | 48971 |
| of indigent care provided by each hospital or group of hospitals. | 48972 |
| The amount to be allocated shall be based on any combination of | 48973 |
| the following indicators of indigent care that the director | 48974 |
| considers appropriate: | 48975 |
| (1) Total costs, volume, or proportion of services to | 48976 |
| recipients of the medical assistance program, including recipients | 48977 |
| enrolled in health insuring corporations; | 48978 |
| (2) Total costs, volume, or proportion of services to | 48979 |
| low-income patients in addition to recipients of the medical | 48980 |
| assistance program, which may include recipients of Title V of the | 48981 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 48982 |
|
amended,
and recipients of financial | 48983 |
| provided under Chapter 5115. of the Revised Code; | 48984 |
| (3) The amount of uncompensated care provided by the hospital | 48985 |
| or group of hospitals; | 48986 |
| (4) Other factors that the director considers to be | 48987 |
| appropriate indicators of indigent care. | 48988 |
| (C) The department shall distribute funds to each hospital or | 48989 |
| group of hospitals in a manner that first may provide for an | 48990 |
| additional distribution to individual hospitals that provide a | 48991 |
| high proportion of indigent care in relation to the total care | 48992 |
| provided by the hospital or in relation to other hospitals. The | 48993 |
| department shall establish a formula to distribute the remainder | 48994 |
| of the funds. The formula shall be consistent with section 1923 of | 48995 |
| the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 48996 |
| be based on any combination of the indicators of indigent care | 48997 |
| listed in division (B) of this section that the director considers | 48998 |
| appropriate. | 48999 |
| (D) The department shall distribute funds to each hospital in | 49000 |
| installments not later than ten working days after the deadline | 49001 |
| established in rules for each hospital to pay an installment on | 49002 |
| its assessment under section 5112.06 of the Revised Code. In the | 49003 |
| case of a governmental hospital that makes intergovernmental | 49004 |
| transfers, the department shall pay an installment under this | 49005 |
| section not later than ten working days after the earlier of that | 49006 |
| deadline or the deadline established in rules for the governmental | 49007 |
| hospital to pay an installment on its intergovernmental transfer. | 49008 |
| If the amount in the hospital care assurance program fund and the | 49009 |
| hospital care assurance match fund created under section 5112.18 | 49010 |
| of the Revised Code is insufficient to make the total | 49011 |
| distributions for which hospitals are eligible to receive in any | 49012 |
| period, the department shall reduce the amount of each | 49013 |
| distribution by the percentage by which the amount is | 49014 |
| insufficient. The department shall distribute to hospitals any | 49015 |
| amounts not distributed in the period in which they are due as | 49016 |
| soon as moneys are available in the funds. | 49017 |
| Sec. 5112.17. (A) As used in this section: | 49018 |
| (1) "Federal poverty guideline" means the official poverty | 49019 |
| guideline as revised annually by the United States secretary of | 49020 |
| health and human services in accordance with section 673 of the | 49021 |
| "Community Service Block Grant Act," 95 Stat. 511 (1981), 42 | 49022 |
| U.S.C.A. 9902, as amended, for a family size equal to the size of | 49023 |
| the family of the person whose income is being determined. | 49024 |
| (2) "Third-party payer" means any private or public entity or | 49025 |
| program that may be liable by law or contract to make payment to | 49026 |
| or on behalf of an individual for health care services. | 49027 |
| "Third-party payer" does not include a hospital. | 49028 |
| (B) Each hospital that receives funds distributed under | 49029 |
| sections 5112.01 to 5112.21 of the Revised Code shall provide, | 49030 |
| without charge to the individual, basic, medically necessary | 49031 |
| hospital-level services to individuals who are residents of this | 49032 |
| state, are not recipients of the medical assistance program, and | 49033 |
| whose income is at or below the federal poverty guideline. | 49034 |
|
Recipients of disability financial
assistance | 49035 |
| 49036 | |
| Revised Code qualify for services under this section. The director | 49037 |
| of job and family services shall adopt rules under section 5112.03 | 49038 |
| of the Revised Code specifying the hospital services to be | 49039 |
| provided under this section. | 49040 |
| (C) Nothing in this section shall be construed to prevent a | 49041 |
| hospital from requiring an individual to apply for eligibility | 49042 |
| under the medical assistance program before the hospital processes | 49043 |
| an application under this section. Hospitals may bill any | 49044 |
| third-party payer for services rendered under this section. | 49045 |
| Hospitals may bill the medical assistance program, in accordance | 49046 |
| with Chapter 5111. of the Revised Code and the rules adopted under | 49047 |
| that chapter, for services rendered under this section if the | 49048 |
| individual becomes a recipient of the program. Hospitals may bill | 49049 |
| individuals for services under this section if all of the | 49050 |
| following apply: | 49051 |
| (1) The hospital has an established post-billing procedure | 49052 |
| for determining the individual's income and canceling the charges | 49053 |
| if the individual is found to qualify for services under this | 49054 |
| section. | 49055 |
| (2) The initial bill, and at least the first follow-up bill, | 49056 |
| is accompanied by a written statement that does all of the | 49057 |
| following: | 49058 |
| (a) Explains that individuals with income at or below the | 49059 |
| federal poverty guideline are eligible for services without | 49060 |
| charge; | 49061 |
| (b) Specifies the federal poverty guideline for individuals | 49062 |
| and families of various sizes at the time the bill is sent; | 49063 |
| (c) Describes the procedure required by division (C)(1) of | 49064 |
| this section. | 49065 |
| (3) The hospital complies with any additional rules the | 49066 |
| department adopts under section 5112.03 of the Revised Code. | 49067 |
| Notwithstanding division (B) of this section, a hospital | 49068 |
| providing care to an individual under this section is subrogated | 49069 |
| to the rights of any individual to receive compensation or | 49070 |
| benefits from any person or governmental entity for the hospital | 49071 |
| goods and services rendered. | 49072 |
| (D) Each hospital shall collect and report to the department, | 49073 |
| in the form and manner prescribed by the department, information | 49074 |
| on the number and identity of patients served pursuant to this | 49075 |
| section. | 49076 |
| (E) This section applies beginning May 22, 1992, regardless | 49077 |
| of whether the department has adopted rules specifying the | 49078 |
| services to be provided. Nothing in this section alters the scope | 49079 |
| or limits the obligation of any governmental entity or program, | 49080 |
| including the program awarding reparations to victims of crime | 49081 |
| under sections 2743.51 to 2743.72 of the Revised Code and the | 49082 |
| program for medically handicapped children established under | 49083 |
| section 3701.023 of the Revised Code, to pay for hospital services | 49084 |
| in accordance with state or local law. | 49085 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 49086 |
|
Revised Code | 49087 |
| (A) "Intermediate care facility for the mentally retarded" | 49088 |
| has the same meaning as in section 5111.20 of the Revised Code, | 49089 |
| except that it does not include any such facility operated by the | 49090 |
| department of mental retardation and developmental disabilities. | 49091 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 49092 |
| the Revised Code. | 49093 |
| Sec. 5112.31. The department of job and family services | 49094 |
| shall do all of the following: | 49095 |
| (A) For the purpose of providing home and community-based | 49096 |
| services for mentally retarded and developmentally disabled | 49097 |
| persons, annually assess each intermediate care facility for the | 49098 |
| mentally retarded a franchise permit fee equal to nine dollars and | 49099 |
| sixty-three cents multiplied by the product of the following: | 49100 |
| (1) The number of beds certified under Title XIX of the | 49101 |
| "Social Security Act" on the first day of May of the calendar year | 49102 |
| in which the assessment is determined pursuant to division (A) of | 49103 |
| section 5112.33 of the Revised Code; | 49104 |
| (2) The number of days in the fiscal year beginning on the | 49105 |
| first day of July of the same calendar year. | 49106 |
| (B) Beginning July 1, | 49107 |
| July thereafter, adjust fees determined under division (A) of this | 49108 |
| section in accordance with the composite inflation factor | 49109 |
| established in rules adopted under section 5112.39 of the Revised | 49110 |
| Code. | 49111 |
| (C) If the United States secretary of health and human | 49112 |
| services determines that the franchise permit fee established by | 49113 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 49114 |
| impermissible health care-related tax under section 1903(w) of the | 49115 |
| "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, | 49116 |
| 49117 | |
| implementation of those sections in accordance with rules adopted | 49118 |
| under section 5112.39 of the Revised Code. | 49119 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 49120 |
| pursuant to section 5112.34 of the Revised Code, the department of | 49121 |
| job and family services may do either of the following if an | 49122 |
| intermediate care facility for the mentally retarded fails to pay | 49123 |
| the full amount of a franchise permit fee installment when due: | 49124 |
| (1) Withhold an amount equal to the installment and penalty | 49125 |
| assessed under section 5112.34 of the Revised Code from a medicaid | 49126 |
| payment due the facility until the facility pays the installment | 49127 |
| and penalty; | 49128 |
| (2) Terminate the facility's medicaid provider agreement. | 49129 |
| (B) The department may withhold a medicaid payment under | 49130 |
| division (A)(1) of this section without providing notice to the | 49131 |
| intermediate care facility for the mentally retarded and without | 49132 |
| conducting an adjudication under Chapter 119. of the Revised Code. | 49133 |
| Sec. 5115.20. (A) The department of job and family services | 49134 |
| shall establish a disability advocacy program and each county | 49135 |
| department of job and family services shall establish a disability | 49136 |
| advocacy program unit or join with other county departments of job | 49137 |
| and family services to establish a joint county disability | 49138 |
| advocacy program unit. Through the program the department and | 49139 |
| county departments shall cooperate in efforts to assist applicants | 49140 |
| for and recipients of assistance under the disability financial | 49141 |
| assistance program | 49142 |
| who might be eligible for supplemental security income benefits | 49143 |
| under Title XVI of the "Social Security Act," 86 Stat. 1475 | 49144 |
| (1972), 42 U.S.C.A. 1383, as amended, in applying for those | 49145 |
| benefits. | 49146 |
| As part of their disability advocacy programs, the state | 49147 |
| department and county departments may enter into contracts for the | 49148 |
| services of persons and government entities that in the judgment | 49149 |
| of the department or county department have demonstrated expertise | 49150 |
| in representing persons seeking supplemental security income | 49151 |
| benefits. Each contract shall require the person or entity with | 49152 |
| which a department contracts to assess each person referred to it | 49153 |
| by the department to determine whether the person appears to be | 49154 |
| eligible for supplemental security income benefits, and, if the | 49155 |
| person appears to be eligible, assist the person in applying and | 49156 |
| represent the person in any proceeding of the social security | 49157 |
| administration, including any appeal or reconsideration of a | 49158 |
| denial of benefits. The department or county department shall | 49159 |
| provide to the person or entity with which it contracts all | 49160 |
| records in its possession relevant to the application for | 49161 |
| supplemental security income benefits. The department shall | 49162 |
| require a county department with relevant records to submit them | 49163 |
| to the person or entity. | 49164 |
| (B) Each applicant for or recipient of disability financial | 49165 |
| assistance | 49166 |
| of the department or a county department might be eligible for | 49167 |
| supplemental security benefits, shall, as a condition of | 49168 |
| eligibility for assistance, apply for such benefits if directed to | 49169 |
| do so by the department or county department. | 49170 |
| (C) With regard to applicants for and recipients of | 49171 |
| disability financial assistance | 49172 |
| each county department of job and family services shall do all of | 49173 |
| the following: | 49174 |
| (1) Identify applicants and recipients who might be eligible | 49175 |
| for supplemental security income benefits; | 49176 |
| (2) Assist applicants and recipients in securing | 49177 |
| documentation of disabling conditions or refer them for such | 49178 |
| assistance to a person or government entity with which the | 49179 |
| department or county department has contracted under division (A) | 49180 |
| of this section; | 49181 |
| (3) Inform applicants and recipients of available sources of | 49182 |
| representation, which may include a person or government entity | 49183 |
| with which the department or county department has contracted | 49184 |
| under division (A) of this section, and of their right to | 49185 |
| represent themselves in reconsiderations and appeals of social | 49186 |
| security administration decisions that deny them supplemental | 49187 |
| security income benefits. The county department may require the | 49188 |
| applicants and recipients, as a condition of eligibility for | 49189 |
| assistance, to pursue reconsiderations and appeals of social | 49190 |
| security administration decisions that deny them supplemental | 49191 |
| security income benefits, and shall assist applicants and | 49192 |
| recipients as necessary to obtain such benefits or refer them to a | 49193 |
| person or government entity with which the department or county | 49194 |
| department has contracted under division (A) of this section. | 49195 |
| (4) Require applicants and recipients who, in the judgment of | 49196 |
| the county department, are or may be aged, blind, or disabled, to | 49197 |
| apply for medical assistance under Chapter 5111. of the Revised | 49198 |
| Code, make determinations when appropriate as to eligibility for | 49199 |
| medical assistance, and refer their applications when necessary to | 49200 |
| the disability determination unit established in accordance with | 49201 |
| division (F) of this section for expedited review; | 49202 |
| (5) Require each applicant and recipient who in the judgment | 49203 |
| of the department or the county department might be eligible for | 49204 |
| supplemental security income benefits, as a condition of | 49205 |
| eligibility for disability financial assistance | 49206 |
| 49207 | |
| secretary of health and human services to withhold benefits due | 49208 |
| that individual and pay to the director of job and family services | 49209 |
| or the director's designee an amount sufficient to reimburse the | 49210 |
| state and county shares of interim assistance furnished to the | 49211 |
| individual. For the purposes of division (C)(5) of this section, | 49212 |
| "benefits" and "interim assistance" have the meanings given in | 49213 |
| Title XVI of the "Social Security Act." | 49214 |
| (D) The director of job and family services shall adopt rules | 49215 |
| in accordance with section 111.15 of the Revised Code for the | 49216 |
| effective administration of the disability advocacy program. The | 49217 |
| rules shall include all of the following: | 49218 |
| (1) Methods to be used in collecting information from and | 49219 |
| disseminating it to county departments, including the following: | 49220 |
| (a) The number of individuals in the county who are disabled | 49221 |
| recipients of disability financial assistance | 49222 |
| 49223 |
| (b) The final decision made either by the social security | 49224 |
| administration or by a court for each application or | 49225 |
| reconsideration in which an individual was assisted pursuant to | 49226 |
| this section. | 49227 |
| (2) The type and process of training to be provided by the | 49228 |
| department of job and family services to the employees of the | 49229 |
| county department of job and family services who perform duties | 49230 |
| under this section; | 49231 |
| (3) Requirements for the written authorization required by | 49232 |
| division (C)(5) of this section. | 49233 |
| (E) The department shall provide basic and continuing | 49234 |
| training to employees of the county department of job and family | 49235 |
| services who perform duties under this section. Training shall | 49236 |
| include but not be limited to all processes necessary to obtain | 49237 |
| federal disability benefits, and methods of advocacy. | 49238 |
| (F) The department shall establish a disability determination | 49239 |
| unit and develop guidelines for expediting reviews of applications | 49240 |
| for medical assistance under Chapter 5111. of the Revised Code for | 49241 |
| persons who have been referred to the unit under division (C)(4) | 49242 |
| of this section. The department shall make determinations of | 49243 |
| eligibility for medical assistance for any such person within the | 49244 |
| time prescribed by federal regulations. | 49245 |
| (G) The department may, under rules the director of job and | 49246 |
| family services adopts in accordance with section 111.15 of the | 49247 |
| Revised Code, pay a portion of the federal reimbursement described | 49248 |
| in division (C)(5) of this section to persons or government | 49249 |
| entities that assist or represent assistance recipients in | 49250 |
| reconsiderations and appeals of social security administration | 49251 |
| decisions denying them supplemental security income benefits. | 49252 |
| (H) The director shall conduct investigations to determine | 49253 |
| whether disability advocacy programs are being administered in | 49254 |
| compliance with the Revised Code and the rules adopted by the | 49255 |
| director pursuant to this section. | 49256 |
| Sec. 5115.22. (A) If a recipient of disability financial | 49257 |
| assistance | 49258 |
| whose income and resources are included in determining the | 49259 |
| recipient's eligibility for the assistance, becomes possessed of | 49260 |
| resources or income in excess of the amount allowed to retain | 49261 |
| eligibility, or if other changes occur that affect the recipient's | 49262 |
| eligibility or need for assistance, the recipient shall notify the | 49263 |
| state or county department of job and family services within the | 49264 |
| time limits specified in rules adopted by the director of job and | 49265 |
| family services in accordance with section 111.15 of the Revised | 49266 |
| Code. Failure of a recipient to report possession of excess | 49267 |
| resources or income or a change affecting eligibility or need | 49268 |
| within those time limits shall be considered prima-facie evidence | 49269 |
| of intent to defraud under section 5115.23 of the Revised Code. | 49270 |
| (B) As a condition of eligibility for disability financial | 49271 |
| assistance | 49272 |
| preventing or reducing the provision of assistance at public | 49273 |
| expense, each applicant for or recipient of the assistance shall | 49274 |
| make reasonable efforts to secure support from persons responsible | 49275 |
| for the applicant's or recipient's support, and from other | 49276 |
| sources, including any federal program designed to provide | 49277 |
| assistance to individuals with disabilities. The state or county | 49278 |
| department of job and family services may provide assistance to | 49279 |
| the applicant or recipient in securing other forms of financial | 49280 |
| assistance. | 49281 |
| Sec. 5115.23. As used in this section, "erroneous payments" | 49282 |
| means disability financial assistance payments | 49283 |
| 49284 | |
| to receive them, including payments made as a result of | 49285 |
| misrepresentation or fraud, and payments made due to an error by | 49286 |
| the recipient or by the county department of job and family | 49287 |
| services that made the payment. | 49288 |
| The department of job and family services shall adopt rules | 49289 |
| in accordance with section 111.15 of the Revised Code specifying | 49290 |
| the circumstances under which action is to be taken under this | 49291 |
| section to recover erroneous payments. The department, or a county | 49292 |
| department of job and family services at the request of the | 49293 |
| department, shall take action to recover erroneous payments in the | 49294 |
| circumstances specified in the rules. The department or county | 49295 |
| department may institute a civil action to recover erroneous | 49296 |
| payments. | 49297 |
| Whenever disability financial assistance | 49298 |
| 49299 | |
| support another person is responsible, the other person shall, in | 49300 |
| addition to the liability otherwise imposed, as a consequence of | 49301 |
| failure to support the recipient, be liable for all assistance | 49302 |
| furnished the recipient. The value of the assistance so furnished | 49303 |
| may be recovered in a civil action brought by the county | 49304 |
| department of job and family services. | 49305 |
| Each county department of job and family services shall | 49306 |
| retain fifty per cent of the erroneous payments it recovers under | 49307 |
| this section. The department of job and family services shall | 49308 |
| receive the remaining fifty per cent. | 49309 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 49310 |
| board of alcohol, drug addiction, and mental health services also | 49311 |
| refers to the community mental health board in an alcohol, drug | 49312 |
| addiction, and mental health service district that has a community | 49313 |
| mental health board. | 49314 |
| The director of mental health with respect to all facilities | 49315 |
| and programs established and operated under Chapter 340. of the | 49316 |
| Revised Code for mentally ill and emotionally disturbed persons, | 49317 |
| shall do all of the following: | 49318 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 49319 |
| that may be necessary to carry out the purposes of Chapter 340. | 49320 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 49321 |
| (1) The rules shall include all of the following: | 49322 |
| (a) Rules governing a community mental health agency's | 49323 |
| services under section 340.091 of the Revised Code to an | 49324 |
| individual referred to the agency under division (C)(2) of section | 49325 |
| 173.35 of the Revised Code; | 49326 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 49327 |
| the Revised Code, rules governing the duties of mental health | 49328 |
| agencies and boards of alcohol, drug addiction, and mental health | 49329 |
| services under section 3722.18 of the Revised Code regarding | 49330 |
| referrals of individuals with mental illness or severe mental | 49331 |
| disability to adult care facilities and effective arrangements for | 49332 |
| ongoing mental health services for the individuals. The rules | 49333 |
| shall do at least the following: | 49334 |
| (i) Provide for agencies and boards to participate fully in | 49335 |
| the procedures owners and managers of adult care facilities must | 49336 |
| follow under division (A)(2) of section 3722.18 of the Revised | 49337 |
| Code; | 49338 |
| (ii) Specify the manner in which boards are accountable for | 49339 |
| ensuring that ongoing mental health services are effectively | 49340 |
| arranged for individuals with mental illness or severe mental | 49341 |
| disability who are referred by the board or mental health agency | 49342 |
| under contract with the board to an adult care facility. | 49343 |
| (c) Rules governing a board of alcohol, drug addiction, and | 49344 |
| mental health services when making a report to the director of | 49345 |
| health under section 3722.17 of the Revised Code regarding the | 49346 |
| quality of care and services provided by an adult care facility to | 49347 |
| a person with mental illness or a severe mental disability. | 49348 |
| (2) Rules may be adopted to govern the method of paying a | 49349 |
|
community
mental health facility, as defined in
section | 49350 |
| 5111.023 of the Revised Code, for providing services listed in | 49351 |
| division (B) of that section. Such rules must be consistent with | 49352 |
| the contract entered into between the departments of job and | 49353 |
| family services and mental health under section 5111.91 of the | 49354 |
| Revised Code and include requirements ensuring appropriate service | 49355 |
| utilization. | 49356 |
| (B) Review and evaluate, and, taking into account the | 49357 |
| findings and recommendations of the board of alcohol, drug | 49358 |
| addiction, and mental health services of the district served by | 49359 |
| the program and the requirements and priorities of the state | 49360 |
| mental health plan, including the needs of residents of the | 49361 |
| district now residing in state mental institutions, approve and | 49362 |
| allocate funds to support community programs, and make | 49363 |
| recommendations for needed improvements to boards of alcohol, drug | 49364 |
| addiction, and mental health services; | 49365 |
| (C) Withhold state and federal funds for any program, in | 49366 |
| whole or in part, from a board of alcohol, drug addiction, and | 49367 |
| mental health services in the event of failure of that program to | 49368 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 49369 |
| or 5119.62 of the Revised Code or rules of the department of | 49370 |
| mental health. The director shall identify the areas of | 49371 |
| noncompliance and the action necessary to achieve compliance. The | 49372 |
| director shall offer technical assistance to the board to achieve | 49373 |
| compliance. The director shall give the board a reasonable time | 49374 |
| within which to comply or to present its position that it is in | 49375 |
| compliance. Before withholding funds, a hearing shall be conducted | 49376 |
| to determine if there are continuing violations and that either | 49377 |
| assistance is rejected or the board is unable to achieve | 49378 |
| compliance. Subsequent to the hearing process, if it is determined | 49379 |
| that compliance has not been achieved, the director may allocate | 49380 |
| all or part of the withheld funds to a public or private agency to | 49381 |
| provide the services not in compliance until the time that there | 49382 |
| is compliance. The director shall establish rules pursuant to | 49383 |
| Chapter 119. of the Revised Code to implement this division. | 49384 |
| (D) Withhold state or federal funds from a board of alcohol, | 49385 |
| drug addiction, and mental health services that denies available | 49386 |
| service on the basis of religion, race, color, creed, sex, | 49387 |
| national origin, age, disability as defined in section 4112.01 of | 49388 |
| the Revised Code, developmental disability, or the inability to | 49389 |
| pay; | 49390 |
| (E) Provide consultative services to community mental health | 49391 |
| agencies with the knowledge and cooperation of the board of | 49392 |
| alcohol, drug addiction, and mental health services; | 49393 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 49394 |
| health services state or federal funds, in addition to those | 49395 |
| allocated under section 5119.62 of the Revised Code, for special | 49396 |
| programs or projects the director considers necessary but for | 49397 |
| which local funds are not available; | 49398 |
| (G) Establish criteria by which a board of alcohol, drug | 49399 |
| addiction, and mental health services reviews and evaluates the | 49400 |
| quality, effectiveness, and efficiency of services provided | 49401 |
| through its community mental health plan. The criteria shall | 49402 |
| include requirements ensuring appropriate service utilization. The | 49403 |
| department shall assess a board's evaluation of services and the | 49404 |
| compliance of each board with this section, Chapter 340. or | 49405 |
| section 5119.62 of the Revised Code, and other state or federal | 49406 |
| law and regulations. The department, in cooperation with the | 49407 |
| board, periodically shall review and evaluate the quality, | 49408 |
| effectiveness, and efficiency of services provided through each | 49409 |
| board. The department shall collect information that is necessary | 49410 |
| to perform these functions. | 49411 |
| (H) Develop and operate a community mental health information | 49412 |
| system. | 49413 |
| Boards of alcohol, drug abuse, and mental health services | 49414 |
| shall submit information requested by the department in the form | 49415 |
| and manner prescribed by the department. Information collected by | 49416 |
| the department shall include, but not be limited to, all of the | 49417 |
| following: | 49418 |
| (1) Information regarding units of services provided in whole | 49419 |
| or in part under contract with a board, including diagnosis and | 49420 |
| special needs, demographic information, the number of units of | 49421 |
| service provided, past treatment, financial status, and service | 49422 |
| dates in accordance with rules adopted by the department in | 49423 |
| accordance with Chapter 119. of the Revised Code; | 49424 |
| (2) Financial information other than price or price-related | 49425 |
| data regarding expenditures of boards and community mental health | 49426 |
| agencies, including units of service provided, budgeted and actual | 49427 |
| expenses by type, and sources of funds. | 49428 |
| Boards shall submit the information specified in division | 49429 |
| (H)(1) of this section no less frequently than annually for each | 49430 |
| client, and each time the client's case is opened or closed. The | 49431 |
| department shall not collect any information for the purpose of | 49432 |
| identifying by name any person who receives a service through a | 49433 |
| board of alcohol, drug addiction, and mental health services, | 49434 |
| except as required by state or federal law to validate appropriate | 49435 |
| reimbursement. For the purposes of division (H)(1) of this | 49436 |
| section, the department shall use an identification system that is | 49437 |
| consistent with applicable nationally recognized standards. | 49438 |
| (I) Review each board's community mental health plan | 49439 |
| submitted pursuant to section 340.03 of the Revised Code and | 49440 |
| approve or disapprove it in whole or in part. Periodically, in | 49441 |
| consultation with representatives of boards and after considering | 49442 |
| the recommendations of the medical director, the director shall | 49443 |
| issue criteria for determining when a plan is complete, criteria | 49444 |
| for plan approval or disapproval, and provisions for conditional | 49445 |
| approval. The factors that the director considers may include, but | 49446 |
| are not limited to, the following: | 49447 |
| (1) The mental health needs of all persons residing within | 49448 |
| the board's service district, especially severely mentally | 49449 |
| disabled children, adolescents, and adults; | 49450 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 49451 |
| cultural relevance of the services provided in each service | 49452 |
| district, the extent to which any services are duplicative of | 49453 |
| other available services, and whether the services meet the needs | 49454 |
| identified above; | 49455 |
| (3) The adequacy of the board's accounting for the | 49456 |
| expenditure of funds. | 49457 |
| If the director disapproves all or part of any plan, the | 49458 |
| director shall provide the board an opportunity to present its | 49459 |
| position. The director shall inform the board of the reasons for | 49460 |
| the disapproval and of the criteria that must be met before the | 49461 |
| plan may be approved. The director shall give the board a | 49462 |
| reasonable time within which to meet the criteria, and shall offer | 49463 |
| technical assistance to the board to help it meet the criteria. | 49464 |
| If the approval of a plan remains in dispute thirty days | 49465 |
| prior to the conclusion of the fiscal year in which the board's | 49466 |
| current plan is scheduled to expire, the board or the director may | 49467 |
| request that the dispute be submitted to a mutually agreed upon | 49468 |
| third-party mediator with the cost to be shared by the board and | 49469 |
| the department. The mediator shall issue to the board and the | 49470 |
| department recommendations for resolution of the dispute. Prior to | 49471 |
| the conclusion of the fiscal year in which the current plan is | 49472 |
| scheduled to expire, the director, taking into consideration the | 49473 |
| recommendations of the mediator, shall make a final determination | 49474 |
| and approve or disapprove the plan, in whole or in part. | 49475 |
| Sec. 5120.09. Under the supervision and control of the | 49476 |
| director of rehabilitation and correction, the division of | 49477 |
| business administration shall do all of the following: | 49478 |
| (A) Submit the budgets for the several divisions of the | 49479 |
| department of rehabilitation and correction, as prepared by the | 49480 |
| respective chiefs of those divisions, to the director. The | 49481 |
| director, with the assistance of the chief of the division of | 49482 |
| business administration, shall compile a departmental budget that | 49483 |
| contains all proposals submitted by the chiefs of the divisions | 49484 |
| and shall forward the departmental budget to the governor with | 49485 |
| comments and recommendations that the director considers | 49486 |
| necessary. | 49487 |
| (B) Maintain accounts and records and compile statistics that | 49488 |
| the director prescribes; | 49489 |
| (C) Under the control of the director, coordinate and make | 49490 |
| the necessary purchases and requisitions for the department and | 49491 |
| its divisions, except as provided under section 5119.16 of the | 49492 |
| Revised Code; | 49493 |
| (D) Administer within this state federal criminal justice | 49494 |
| acts that the governor requires the department to administer. In | 49495 |
| order to improve the criminal justice system of this state, the | 49496 |
| division of business administration shall apply for, allocate, | 49497 |
| disburse, and account for grants that are made available pursuant | 49498 |
| to those federal criminal justice acts and grants that are made | 49499 |
| available from other federal government sources, state government | 49500 |
| sources, or private sources. As used in this division, "criminal | 49501 |
| justice system" and "federal criminal justice acts" have the same | 49502 |
| meanings as in section | 49503 |
| (E) Audit the activities of governmental entities, persons as | 49504 |
| defined in section 1.59 of the Revised Code, and other types of | 49505 |
| nongovernmental entities that are financed in whole or in part by | 49506 |
| funds that the department allocates or disburses and that are | 49507 |
| derived from grants described in division (D) of this section; | 49508 |
| (F) Enter into contracts, including contracts with federal, | 49509 |
| state, or local governmental entities, persons as defined in | 49510 |
| section 1.59 of the Revised Code, foundations, and other types of | 49511 |
| nongovernmental entities, that are necessary for the department to | 49512 |
| carry out its duties and that neither the director nor another | 49513 |
| section of the Revised Code authorizes another division of the | 49514 |
| department to enter; | 49515 |
| (G) Exercise other powers and perform other duties that the | 49516 |
| director may assign to the division of business administration. | 49517 |
| Sec. 5120.16. (A) Persons sentenced to any institution, | 49518 |
| division, or place under the control of the department of | 49519 |
| rehabilitation and correction are committed to the control, care, | 49520 |
| and custody of the department. Subject to division (B) of this | 49521 |
| section, the director of rehabilitation and correction or the | 49522 |
| director's designee may direct that persons sentenced to the | 49523 |
| department, or to any institution or place within the department, | 49524 |
| shall be conveyed initially to an appropriate facility established | 49525 |
| and maintained by the department for reception, examination, | 49526 |
| observation, and classification of the persons so sentenced. If a | 49527 |
| presentence investigation report was not prepared pursuant to | 49528 |
| section 2947.06 or 2951.03 of the Revised Code or Criminal Rule | 49529 |
| 32.2 regarding any person sentenced to the department or to any | 49530 |
| institution or place within the department, the director or the | 49531 |
| director's designee may order the department's field staff to | 49532 |
| conduct an offender background investigation and prepare an | 49533 |
| offender background investigation report regarding the person. The | 49534 |
| investigation and report shall be conducted in accordance with | 49535 |
| division (A) of section 2951.03 of the Revised Code and the report | 49536 |
| shall contain the same information as a presentence investigation | 49537 |
| report prepared pursuant to that section. | 49538 |
| When the examination, observation, and classification of the | 49539 |
| person have been completed by the facility and a written report of | 49540 |
| the examination, observation, and classification is filed with the | 49541 |
| commitment papers, the director or the director's designee, | 49542 |
| subject to division (B) of this section, shall assign the person | 49543 |
| to a suitable state institution or place maintained by the state | 49544 |
| within the director's department or shall designate that the | 49545 |
| person is to be housed in a county, multicounty, municipal, | 49546 |
| municipal-county, or multicounty-municipal jail or workhouse, if | 49547 |
| authorized by section 5120.161 of the Revised Code, there to be | 49548 |
| confined, cared for, treated, trained, and rehabilitated until | 49549 |
| paroled, released in accordance with section 2929.20, 2967.24, | 49550 |
| 2967.26, or 2967.28 of the Revised Code, or otherwise released | 49551 |
| under the order of the court that imposed the person's sentence. | 49552 |
| No person committed by a probate court, a trial court pursuant to | 49553 |
| section 2945.40, 2945.401, or 2945.402 of the Revised Code | 49554 |
| subsequent to a finding of not guilty by reason of insanity, or a | 49555 |
| juvenile court shall be assigned to a state correctional | 49556 |
| institution. | 49557 |
| If a person is sentenced, committed, or assigned for the | 49558 |
| commission of a felony to any one of the institutions or places | 49559 |
| maintained by the department or to a county, multicounty, | 49560 |
| municipal, municipal-county, or multicounty-municipal jail or | 49561 |
| workhouse, the department, by order duly recorded and subject to | 49562 |
| division (B) of this section, may transfer the person to any other | 49563 |
| institution, or, if authorized by section 5120.161 of the Revised | 49564 |
| Code, to a county, multicounty, municipal, municipal-county, or | 49565 |
| multicounty-municipal jail or workhouse. | 49566 |
| (B) If the case of a child who is alleged to be a delinquent | 49567 |
| child is transferred for criminal prosecution to the appropriate | 49568 |
| court having jurisdiction of the offense pursuant to section | 49569 |
| 2152.12 of the Revised Code, if the child is convicted of or | 49570 |
| pleads guilty to a felony in that case, if the child is sentenced | 49571 |
| to a prison term, as defined in section 2901.01 of the Revised | 49572 |
| Code, and if the child is under eighteen years of age when | 49573 |
| delivered to the custody of the department of rehabilitation and | 49574 |
| correction, all of the following apply regarding the housing of | 49575 |
| the child: | 49576 |
| (1) Until the child attains eighteen years of age, subject to | 49577 |
| divisions (B)(2), (3), and (4) of this section, the department | 49578 |
| shall house the child in a housing unit in a state correctional | 49579 |
| institution separate from inmates who are eighteen years of age or | 49580 |
| older. | 49581 |
| (2) The department is not required to house the child in the | 49582 |
| manner described in division (B)(1) of this section if the child | 49583 |
| does not observe the rules and regulations of the institution or | 49584 |
| the child otherwise creates a security risk by being housed | 49585 |
| separately. | 49586 |
| (3) If the department receives too few inmates who are under | 49587 |
| eighteen years of age to fill a housing unit in a state | 49588 |
| correctional institution separate from inmates who are eighteen | 49589 |
| years of age or older, as described in division (B)(1) of this | 49590 |
| section, the department may house the child in a housing unit in a | 49591 |
| state correctional institution that includes both inmates who are | 49592 |
| under eighteen years of age and inmates who are eighteen years of | 49593 |
| age or older and under twenty-one years of age. | 49594 |
| (4) Upon the child's attainment of eighteen years of age, the | 49595 |
| department may house the child with the adult population of the | 49596 |
| state correctional institution. | 49597 |
| (C) The director or the director's designee shall develop a | 49598 |
| policy for dealing with problems related to infection with the | 49599 |
| human immunodeficiency virus. The policy shall include methods of | 49600 |
| identifying individuals committed to the custody of the department | 49601 |
| who are at high risk of infection with the virus and counseling | 49602 |
| those individuals. | 49603 |
| Arrangements for housing individuals diagnosed as having AIDS | 49604 |
| or an AIDS-related condition shall be made by the department based | 49605 |
| on security and medical considerations and in accordance with | 49606 |
| division (B) of this section, if applicable. | 49607 |
| Sec. 5120.48. (A) If a prisoner escapes from a state | 49608 |
| correctional institution, the managing officer of the institution, | 49609 |
| after consultation with and upon the advice of appropriate law | 49610 |
| enforcement officials, shall assign and deploy into the community | 49611 |
| appropriate staff persons necessary to apprehend the prisoner. | 49612 |
| Correctional officers and officials may carry firearms when | 49613 |
| required in the discharge of their duties in apprehending, taking | 49614 |
| into custody, or transporting to a place of confinement a prisoner | 49615 |
| who has escaped from a state correctional institution. | 49616 |
| (B) If a prisoner is released from a state correctional | 49617 |
| institution prior to the lawful end of the person's prison term or | 49618 |
| term of imprisonment, whether by error, inadvertence, fraud, or | 49619 |
| any other cause except a lawful parole, a release pursuant to | 49620 |
| section 2967.24 of the Revised Code, or a judicial release granted | 49621 |
| pursuant to section 2929.20 of the Revised Code, the managing | 49622 |
| officer of the institution, after consulting with the bureau of | 49623 |
| sentence computation, shall notify the chief of the adult parole | 49624 |
| authority, the office of victim services of the division of parole | 49625 |
| and community services, and the sentencing court of the mistaken | 49626 |
| release. Upon the direction of the chief, or the chief's designee, | 49627 |
| field officers of the authority may arrest the prisoner without a | 49628 |
| warrant and return the prisoner to the state correctional | 49629 |
| institution to complete the balance of the prisoner's sentence. | 49630 |
| The chief of the adult parole authority, or the chief's designee, | 49631 |
| may require the assistance of any peace officer or law enforcement | 49632 |
| officer in the apprehension of a prisoner of that nature. | 49633 |
| Sec. 5120.51. (A)(1) If the director of rehabilitation and | 49634 |
| correction determines that a bill introduced in the general | 49635 |
| assembly is likely to have a significant impact on the population | 49636 |
| of, or the cost of operating, any or all state correctional | 49637 |
| institutions under the administration of the department of | 49638 |
| rehabilitation and correction, the department shall prepare a | 49639 |
| population and cost impact statement for the bill, in accordance | 49640 |
| with division (A)(2) of this section. | 49641 |
| (2) A population and cost impact statement required for a | 49642 |
|
bill
| 49643 |
| correctional institution population that likely would result if | 49644 |
| the bill were enacted, shall estimate, in dollars, the amount by | 49645 |
| which revenues or expenditures likely would increase or decrease | 49646 |
| if the bill were enacted, and briefly shall explain each of the | 49647 |
| estimates. | 49648 |
| A population and cost impact statement required for a bill | 49649 |
| initially shall be prepared after the bill is referred to a | 49650 |
| committee of the general assembly in the house of origination but | 49651 |
| before the meeting of the committee at which the committee is | 49652 |
| scheduled to vote on whether to recommend the bill for passage. A | 49653 |
| copy of the statement shall be distributed to each member of the | 49654 |
| committee that is considering the bill and to the member of the | 49655 |
| general assembly who introduced it. If the bill is recommended for | 49656 |
| passage by the committee, the department shall update the | 49657 |
| statement before the bill is taken up for final consideration by | 49658 |
| the house of origination. A copy of the updated statement shall be | 49659 |
| distributed to each member of that house and to the member of the | 49660 |
| general assembly who introduced the bill. If the bill is passed by | 49661 |
| the house of origination and is introduced in the second house, | 49662 |
| the provisions of this division concerning the preparation, | 49663 |
| updating, and distribution of the statement in the house of | 49664 |
| origination also apply in the second house. | 49665 |
| (B) The governor or any member of the general assembly, at | 49666 |
| any time, may request the department to prepare a population and | 49667 |
| cost impact statement for any bill introduced in the general | 49668 |
| assembly. Upon receipt of a request, the department promptly shall | 49669 |
| prepare a statement that includes the estimates and explanations | 49670 |
| described in division (A)(2) of this section and present a copy of | 49671 |
| it to the governor or member who made the request. | 49672 |
| (C) In the preparation of a population and cost impact | 49673 |
| statement required by division (A) or (B) of this section, the | 49674 |
| department shall use a technologically sophisticated system | 49675 |
| capable of estimating future state correctional institution | 49676 |
| populations. The system shall have the capability to adjust its | 49677 |
| estimates based on actual and proposed changes in sentencing laws | 49678 |
| and trends, sentence durations, parole rates, crime rates, and any | 49679 |
| other data that affect state correctional institution populations. | 49680 |
| The department, in conjunction with the advisory committee | 49681 |
| appointed under division (E) of this section, shall review and | 49682 |
| update the data used in the system, not less than once every six | 49683 |
| months, to improve the accuracy of the system. | 49684 |
| (D) At least once every six months, the department shall | 49685 |
| provide to the correctional institution inspection committee a | 49686 |
| copy of the estimates of state correctional institution | 49687 |
| populations obtained through use of the system described in | 49688 |
| division (C) of this section and a description of the assumptions | 49689 |
| regarding sentencing laws and trends, sentence durations, parole | 49690 |
| rates, crime rates, and other relevant data that were made by the | 49691 |
| department to obtain the estimates. Additionally, a copy of the | 49692 |
| estimates and a description of the assumptions made to obtain them | 49693 |
| shall be provided, upon reasonable request, to other legislative | 49694 |
| staff, including the staff of the legislative service commission | 49695 |
| 49696 | |
| 49697 | |
| 49698 | |
| public safety. | 49699 |
| (E) The correctional institution inspection committee shall | 49700 |
| appoint an advisory committee to review the operation of the | 49701 |
| system for estimating future state correctional institution | 49702 |
| populations that is used by the department in the preparation of | 49703 |
| population cost impact statements pursuant to this section and to | 49704 |
| join with the department in its reviews and updating of the data | 49705 |
| used in the system under division (C) of this section. The | 49706 |
| advisory committee shall be comprised of at least one prosecuting | 49707 |
| attorney, at least one common pleas court judge, at least one | 49708 |
| public defender, at least one person who is a member or staff | 49709 |
| employee of the committee, and at least one representative of the | 49710 |
| 49711 | |
| public safety. | 49712 |
| | 49713 |
| 5121.01 to 5121.21 of the Revised Code: | 49714 |
| (A) | 49715 |
| 49716 | |
| 49717 |
| | 49718 |
| the department of mental retardation and developmental | 49719 |
|
disabilities, whichever provides care or treatment to the
| 49720 |
| recipient or resident. | 49721 |
| | 49722 |
| or other facility pursuant to Chapter 5123. of the Revised Code | 49723 |
| who is under observation or receiving habilitation and care in an | 49724 |
| institution for the mentally retarded. | 49725 |
| (C) "Community mental health services recipient" or | 49726 |
| "recipient" means a person receiving state-operated community | 49727 |
| mental health services. | 49728 |
| (D) "State-operated community mental health services" means | 49729 |
| community-based services the department of mental health operates | 49730 |
| for a board of alcohol, drug addiction, and mental health services | 49731 |
| pursuant to a community mental health plan approved under division | 49732 |
| (A)(1)(c) of section 340.03 of the Revised Code. | 49733 |
| (E) "Applicable cost" means the rate for support applicable | 49734 |
| to a
| 49735 |
| section. | 49736 |
| The cost for support of | 49737 |
|
in institutions under the jurisdiction of | 49738 |
| 49739 | |
| disabilities, and of residents in private facilities or homes | 49740 |
| whose care or treatment is being paid for by the department of | 49741 |
| mental retardation and developmental disabilities, shall be based | 49742 |
| on the average per capita cost of the care and treatment of such | 49743 |
| 49744 | |
| 49745 | |
| the projected
average daily per capita cost at the | 49746 |
| institution, or at the discretion of the department under the | 49747 |
| jurisdiction of
which the | 49748 |
| subunit thereof in which services are provided. Such costs shall | 49749 |
| be computed at least annually for the next prospective period | 49750 |
| using generally accepted governmental accounting principles. The | 49751 |
| cost of services for mentally retarded residents that are being | 49752 |
| cared for and maintained in a private facility or home under the | 49753 |
| supervision of the department of mental retardation and | 49754 |
| developmental disabilities regional offices and for which a | 49755 |
| purchase of services contract is being paid to the private | 49756 |
| facility or home by the department shall not be more than the per | 49757 |
| diem cost of the contract. The cost of services for a resident | 49758 |
| receiving pre-admission care, after-care, day-care, or routine | 49759 |
| consultation and treatment services in a community service unit | 49760 |
|
under the jurisdiction of the department | 49761 |
| basis of the average cost of such services at the institution at | 49762 |
| which they are provided. | 49763 |
| The cost for support of a | 49764 |
| state-operated community mental health services is an amount | 49765 |
| determined using guidelines the department of mental health shall | 49766 |
| issue. The guidelines shall be based on cost-findings and | 49767 |
| rate-settings applicable to such services. | 49768 |
| The appropriate department shall annually determine the | 49769 |
| ability to pay of a
| 49770 |
| 49771 | |
| amount that such person shall pay in accordance with section | 49772 |
| 5121.04 of the Revised Code. | 49773 |
| Collections of support payments shall be made by the | 49774 |
| department of mental health and the department of mental | 49775 |
| retardation and developmental disabilities and, subject to meeting | 49776 |
| prior requirements for payment and crediting of such collections | 49777 |
| and other available receipts, in accordance with the bond | 49778 |
| proceedings applicable to obligations issued pursuant to section | 49779 |
| 154.20 of the Revised Code, such collections and other available | 49780 |
| receipts designated by the director of the department of mental | 49781 |
| health and the director of the department of mental retardation | 49782 |
| and developmental disabilities for deposit in the special | 49783 |
| accounts, together with insurance contract payments provided for | 49784 |
| in division (B)(8) of section 5121.04 of the Revised Code, shall | 49785 |
| be remitted to the treasurer of state for deposit in the state | 49786 |
| treasury to the credit of the mental health operating fund and the | 49787 |
| mental retardation operating fund, which are hereby created, to be | 49788 |
| used for the general purposes of the department of mental health | 49789 |
| and the department of mental retardation and developmental | 49790 |
| disabilities. The department of mental health shall make refunds | 49791 |
| of overpayment of support charges from the mental health operating | 49792 |
| fund, and the department of mental retardation and developmental | 49793 |
| disabilities shall make refunds of overpayment of support charges | 49794 |
| from the mental retardation operating fund. | 49795 |
| | 49796 |
| 49797 | |
| Chapter 5123. of the Revised Code shall be maintained at the | 49798 |
| expense of the state. Their traveling and incidental expenses in | 49799 |
| conveying them to the institution or facility shall be paid by the | 49800 |
| county of
commitment.
Upon admission, the | 49801 |
| shall be neatly and comfortably clothed. Thereafter, the expense | 49802 |
| of necessary clothing shall be borne by the responsible relatives | 49803 |
| or guardian if they are financially able. If not furnished, the | 49804 |
| state shall bear the expense. Any required traveling expense after | 49805 |
| admission to the institution or facility shall be borne by the | 49806 |
| state if the responsible relatives or guardian are unable to do | 49807 |
| so. | 49808 |
| | 49809 |
|
institution under the jurisdiction of | 49810 |
| 49811 | |
| disabilities pursuant to judicial proceedings, the judge ordering | 49812 |
| such commitment shall: | 49813 |
| (A) Make a reliable report on the financial condition of such | 49814 |
| person and of each of the relatives of the person who are liable | 49815 |
| for | 49816 |
| the
Revised Code and rules and procedures agreed upon by | 49817 |
| 49818 | |
| and developmental disabilities; | 49819 |
| (B) Certify to the managing officer of such institution, and | 49820 |
| the managing officer shall thereupon enter upon | 49821 |
| officer's records the name and address of any guardian appointed | 49822 |
| and of any relative liable for such person's support under section | 49823 |
| 5121.06 of the Revised Code. | 49824 |
| Sec. 5121.04. (A) The | 49825 |
| department of mental retardation and developmental disabilities | 49826 |
|
shall investigate the financial condition of the | 49827 |
| 49828 | |
| treatment is being paid for in a private facility or home under | 49829 |
| the control of the department of mental retardation and | 49830 |
| developmental disabilities, and of the relatives named in section | 49831 |
| 5121.06 of the Revised Code as liable for the support of such | 49832 |
| 49833 | |
| 49834 | |
| support of
the
| 49835 |
| clothing as required by the superintendent of the institution. | 49836 |
| The department of mental health shall investigate the | 49837 |
|
financial
condition of | 49838 |
| 49839 | |
| recipients to determine
the | 49840 |
| ability to pay for the | 49841 |
| cases, in determining ability to pay and the amount to be charged, | 49842 |
| due regard shall be had for others who may be dependent for | 49843 |
| support
upon such relatives or the estate of the
| 49844 |
| recipient. | 49845 |
| (B) The department shall follow the provisions of this | 49846 |
|
division in determining the ability to pay of a | 49847 |
|
resident or recipient or the | 49848 |
| recipient's liable relatives and the amount to be charged such | 49849 |
| 49850 |
| (1) Subject to divisions (B)(10) and (11) of this section, a | 49851 |
| 49852 | |
| liable for the
full applicable
cost. A | 49853 |
| recipient without dependents who has a gross annual income equal | 49854 |
| to or exceeding the sum of the full applicable cost, plus fifty | 49855 |
| dollars per month, regardless of the source of such income, shall | 49856 |
| pay currently the full amount of the applicable cost; if the | 49857 |
| 49858 | |
| than such sum, not more than fifty dollars per month shall be kept | 49859 |
| for personal
use by or on behalf of the
| 49860 |
| recipient, except as permitted in the state plan for providing | 49861 |
| medical assistance under Title XIX of the "Social Security Act," | 49862 |
| 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the balance | 49863 |
| shall be paid
currently on the | 49864 |
| recipient's support. Subject to divisions (B)(10) and (11) of this | 49865 |
|
section,
the estate of a | 49866 |
| dependents shall pay currently any remaining difference between | 49867 |
| the applicable cost and the amounts prescribed in this section, or | 49868 |
| shall execute an agreement with the department for payment to be | 49869 |
| made at some future date under terms suitable to the department. | 49870 |
| However, no security interest, mortgage, or lien shall be taken, | 49871 |
|
granted, or
charged against any principal residence of a | 49872 |
| 49873 | |
| otherwise to secure support payments, and no foreclosure actions | 49874 |
| shall be taken on security interests, mortgages, or liens taken, | 49875 |
| granted,
or charged
against principal residences of | 49876 |
| residents or recipients prior to October 7, 1977. | 49877 |
| (2) The ability to pay of a | 49878 |
| with
dependents, or of a liable relative of a | 49879 |
| or recipient either with or without dependents, shall be | 49880 |
| determined in
accordance with the | 49881 |
| recipient's, or liable relative's income or other assets, the | 49882 |
| needs of others who are dependent on such income and other assets | 49883 |
| for support, and, if applicable, divisions (B)(10) and (11) of | 49884 |
| this section. | 49885 |
| For the first thirty days of care and treatment of each | 49886 |
| admission and for the first thirty days of care and treatment from | 49887 |
| state-operated community mental health services, but in no event | 49888 |
|
for more
than thirty days in any
calendar year, the | 49889 |
| 49890 | |
| or the
liable relative of a | 49891 |
| 49892 | |
| shall be charged an amount equal to the percentage of the average | 49893 |
| applicable cost determined in accordance with the schedule of | 49894 |
| adjusted gross annual income contained after this paragraph. After | 49895 |
| such first
thirty days of care and treatment,
such | 49896 |
| 49897 | |
| relative shall be charged an amount equal to the percentage of a | 49898 |
| base support rate
of four dollars per day for
| 49899 |
| 49900 | |
| determined in accordance with the schedule of gross annual income | 49901 |
| contained after this paragraph, or in accordance with division | 49902 |
| (B)(5) of this section. Beginning January 1, 1978, the department | 49903 |
| shall increase the base rate when the consumer price index average | 49904 |
| is more than 4.0 for the preceding calendar year by not more than | 49905 |
| the average for such calendar year. | 49906 |
| Adjusted Gross Annual | 49907 | ||
| Income of Patient or Resident | 49908 | ||
| or Liable Relative (FN a) | Number of Dependents (FN b) | 49909 |
| 8 or | 49910 | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | more | 49911 | ||
| Rate of Support (In Percentages) | 49912 | |||||||||
| $15,000 or less | -- | -- | -- | -- | -- | -- | -- | -- | 49913 | |
| 15,001 to 17,500 | 20 | -- | -- | -- | -- | -- | -- | -- | 49914 | |
| 17,501 to 20,000 | 25 | 20 | -- | -- | -- | -- | -- | -- | 49915 | |
| 20,001 to 21,000 | 30 | 25 | 20 | -- | -- | -- | -- | -- | 49916 | |
| 21,001 to 22,000 | 35 | 30 | 25 | 20 | -- | -- | -- | -- | 49917 | |
| 22,001 to 23,000 | 40 | 35 | 30 | 25 | 20 | -- | -- | -- | 49918 | |
| 23,001 to 24,000 | 45 | 40 | 35 | 30 | 25 | 20 | -- | -- | 49919 | |
| 24,001 to 25,000 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | -- | 49920 | |
| 25,001 to 26,000 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | 49921 | |
| 26,001 to 27,000 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 49922 | |
| 27,001 to 28,000 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 49923 | |
| 28,001 to 30,000 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 49924 | |
| 30,001 to 40,000 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 49925 | |
| 40,001 and over | 100 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 49926 | |
| Footnote a. The | 49927 |
| shall
furnish a copy of the | 49928 |
| relative's federal income tax return as evidence of gross annual | 49929 |
| income. | 49930 |
| Footnote b. The number of dependents includes the liable | 49931 |
|
relative but excludes | 49932 |
| an institution. "Dependent" includes any person who receives more | 49933 |
|
than half the person's support from the | 49934 |
| recipient, or
the | 49935 |
| relative. | 49936 |
| (3) A | 49937 |
| having medical, funeral, or related expenses in excess of four per | 49938 |
| cent of the adjusted gross annual income, which expenses were not | 49939 |
| covered by insurance, may adjust such gross annual income by | 49940 |
| reducing the adjusted gross annual income by the full amount of | 49941 |
| such expenses. Proof of such expenses satisfactory to the | 49942 |
| department must be furnished. | 49943 |
| (4) Additional dependencies may be claimed if: | 49944 |
| (a) The liable relative is blind; | 49945 |
| (b) The liable relative is over sixty-five; | 49946 |
| (c) A child is a college student with expenses in excess of | 49947 |
| fifty dollars per month; | 49948 |
| (d) The services of a housekeeper, costing in excess of fifty | 49949 |
| dollars per month, are required if the person who normally keeps | 49950 |
| house for minor children is the | 49951 |
| (5) If with respect to any | 49952 |
| with dependents there is chargeable under division (B)(2) of this | 49953 |
| section less than fifty per cent of the applicable cost or, if the | 49954 |
| base support rate was used, less than fifty per cent of the amount | 49955 |
| determined by use of the base support rate, and if with respect to | 49956 |
|
such | 49957 |
| who has an estate having a value in excess of fifteen thousand | 49958 |
|
dollars or if
such | 49959 |
| dependent and an estate having a value in excess of fifteen | 49960 |
| thousand dollars,
there shall be paid
with respect to such | 49961 |
| 49962 | |
| applicable cost or the base support rate amount, as the case may | 49963 |
| be, on a current basis or there shall be executed with respect to | 49964 |
| such | 49965 |
| department for payment to be made at some future date under terms | 49966 |
| suitable to the department. | 49967 |
| (6) When a person has been a | 49968 |
| for fifteen years and the support charges for which a relative is | 49969 |
| liable have been paid for the fifteen-year period, the liable | 49970 |
| relative shall be relieved of any further support charges. | 49971 |
| (7) The department shall accept voluntary payments from | 49972 |
| 49973 | |
| incomes are below the minimum shown in the schedule set forth in | 49974 |
| this division. The department also shall accept voluntary payments | 49975 |
| in excess of required amounts from both liable and nonliable | 49976 |
| relatives. | 49977 |
| (8) If a | 49978 |
| insurance policy, or other contract that provides for payment of | 49979 |
| expenses for care and treatment for mental illness or mental | 49980 |
| retardation
at
or from an institution | 49981 |
| 49982 | |
| department), or state-operated community mental health service, | 49983 |
| the other provisions of this section, except divisions (B)(8), | 49984 |
|
(10), and
(11) of this section, and of section | 49985 |
| the Revised Code shall be suspended to the extent that such | 49986 |
| insurance policy or
other
contract is in force, and such | 49987 |
| 49988 | |
| applicable cost. Any insurance carrier or other third party payor | 49989 |
| providing coverage for such care and treatment shall pay for this | 49990 |
| support obligation in an amount equal to the lesser of either the | 49991 |
| applicable cost or the benefits provided under the policy or other | 49992 |
| contract. Whether or not an insured, owner of, or other person | 49993 |
| having an interest in such policy or other contract is liable for | 49994 |
| support payments under other provisions of this chapter, the | 49995 |
| insured, policy owner, or other person shall assign payment | 49996 |
| directly to the department of all assignable benefits under the | 49997 |
| policy or other contract and shall pay over to the department, | 49998 |
| within ten days of receipt, all insurance or other benefits | 49999 |
| received as reimbursement or payment for expenses incurred by the | 50000 |
| 50001 | |
| insured, policy owner, or other person refuses to assign such | 50002 |
| payment to the department or refuses to pay such received | 50003 |
| reimbursements or payments over to the department within ten days | 50004 |
| of receipt, the insured's, policy owners', or other person's total | 50005 |
| liability for the services equals the applicable statutory | 50006 |
| liability for payment for the services as determined under other | 50007 |
| provisions of this chapter, plus the amounts payable under the | 50008 |
| terms of the policy or other contract. In no event shall this | 50009 |
| total liability exceed the full amount of the applicable cost. | 50010 |
| Upon its request, the department is entitled to a court order that | 50011 |
| compels the insured, owner of, or other person having an interest | 50012 |
| in the policy or other contract to comply with the assignment | 50013 |
| requirements of this division or that itself serves as a legally | 50014 |
| sufficient assignment in compliance with such requirements. | 50015 |
| Notwithstanding section 5122.31 of the Revised Code and any other | 50016 |
| law relating to confidentiality of records, the managing officer | 50017 |
| of the institution or facility where a person is or has been a | 50018 |
| 50019 | |
| community
mental health services from which the
| 50020 |
| receives services, shall disclose pertinent medical information | 50021 |
|
concerning the | 50022 |
| carrier or other third party payor in question, in order to effect | 50023 |
| collection from the carrier or payor of the state's claim for care | 50024 |
| and treatment under this division. For such disclosure, the | 50025 |
| managing officer is not subject to any civil or criminal | 50026 |
| liability. | 50027 |
| (9) The rate to be charged for pre-admission care, | 50028 |
| after-care, day-care, or routine consultation and treatment | 50029 |
|
services shall be based upon the ability of the | 50030 |
|
resident or the | 50031 |
| When it is determined by the department that a charge shall be | 50032 |
| made, such charge shall be computed as provided in divisions | 50033 |
| (B)(1) and (2) of this section. | 50034 |
| (10) If a | 50035 |
| dependents is the beneficiary of a trust created pursuant to | 50036 |
| section 1339.51 of the Revised Code, then, notwithstanding any | 50037 |
| contrary provision of this chapter or of a rule adopted pursuant | 50038 |
| to this chapter, divisions (C) and (D) of that section shall apply | 50039 |
| in determining
the assets or resources of the | 50040 |
| the recipient, the
| 50041 |
| the settlor, or the settlor's estate and to claims arising under | 50042 |
| this chapter
against the
| 50043 |
| 50044 | |
| settlor's estate. | 50045 |
| (11) If the department of mental retardation and | 50046 |
| developmental disabilities waives the liability of an individual | 50047 |
| and the individual's liable relatives pursuant to section 5123.194 | 50048 |
| of the Revised Code, the liability of the individual and relative | 50049 |
| ceases in accordance with the waiver's terms. | 50050 |
| (C) The department may enter into agreements with a
| 50051 |
| 50052 | |
| payments to be made in the future. However, no security interest, | 50053 |
| mortgage, or lien shall be taken, granted, or charged against any | 50054 |
| principal
family
residence of a | 50055 |
| with dependents or a liable relative under an agreement or | 50056 |
| otherwise to secure support payments, and no foreclosure actions | 50057 |
| shall be taken on security interests, mortgages or liens taken, | 50058 |
| granted, or charged against
principal residences of | 50059 |
| residents, recipients, or liable relatives prior to October 7, | 50060 |
| 1977. | 50061 |
| (D) The department shall make all investigations and | 50062 |
| determinations required by this section within ninety days after a | 50063 |
| 50064 | |
|
department's control or a | 50065 |
| state-operated community mental health services, and immediately | 50066 |
| shall notify by mail the persons liable of the amount to be | 50067 |
| charged. | 50068 |
| (E) All actions to enforce the collection of payments agreed | 50069 |
| upon or charged by the department shall be commenced within six | 50070 |
| years after the date of default of an agreement to pay support | 50071 |
| charges or the date such payment becomes delinquent. If a payment | 50072 |
| is made pursuant to an agreement which is in default, a new | 50073 |
| six-year period for actions to enforce the collection of payments | 50074 |
| under such agreement shall be computed from the date of such | 50075 |
| payment. For purposes of this division an agreement is in default | 50076 |
| or a payment is delinquent if a payment is not made within thirty | 50077 |
| days after it is incurred or a payment, pursuant to an agreement, | 50078 |
| is not made within thirty days after the date specified for such | 50079 |
| payment. In all actions to enforce the collection of payment for | 50080 |
| the liability for support, every court of record shall receive | 50081 |
| into evidence the proof of claim made by the state together with | 50082 |
| all debts and credits, and it shall be prima-facie evidence of the | 50083 |
| facts contained in it. | 50084 |
| Sec. 5121.05. The department of mental health and the | 50085 |
| department of mental retardation and developmental disabilities | 50086 |
| may subpoena witnesses, take testimony under oath, and examine any | 50087 |
| public records relating to the income and other assets of a | 50088 |
| 50089 | |
| 50090 | |
| conclusions, and recommendations shall be submitted to the | 50091 |
| department by the investigating agent of the department. The | 50092 |
| department shall determine the amount of support to be paid, by | 50093 |
| whom, and whether clothing shall be furnished by the relatives or | 50094 |
| guardian. | 50095 |
| Sec. 5121.06. (A) The following persons other than the | 50096 |
| 50097 | |
| or recipient's estate are liable relatives and all the following | 50098 |
| persons are jointly and severally liable for the support of a | 50099 |
| 50100 | |
| of | 50101 |
| retardation and developmental disabilities or for the support of a | 50102 |
| 50103 | |
| health services: | 50104 |
| (1) The | 50105 |
| 50106 |
| (2) The | 50107 |
| (3) The father or mother, or both, of a minor | 50108 |
| resident or recipient under the age of eighteen years. | 50109 |
| (B) The department shall determine, pursuant to section | 50110 |
| 5121.04 of the Revised Code, the amount to be charged each such | 50111 |
| liable person in the order named in this section, but shall not | 50112 |
| collect from any person more than one hundred per cent of the | 50113 |
| applicable cost. | 50114 |
| (C) An action to collect delinquent payments or to enforce | 50115 |
| agreements in default may be brought against any or all persons | 50116 |
|
named in this section. To the extent parents of adult | 50117 |
| residents or recipients, pursuant to the language of this section | 50118 |
| previously in force, incurred charges for the support of such | 50119 |
| 50120 | |
| birthday of such | 50121 |
| 1975, their liability for such period may be cancelled, | 50122 |
| compromised, or settled as provided in section 5121.07 of the | 50123 |
| Revised Code. | 50124 |
| (D) Irrespective of the number of | 50125 |
| recipients whose care might be chargeable against a liable | 50126 |
| relative, no individual liable relative nor any group of liable | 50127 |
| relatives who are members of the same family unit shall be charged | 50128 |
| with the
support of more than one | 50129 |
| during the same period of time, and different periods of time for | 50130 |
| which such liable relative has paid the charges for such different | 50131 |
| 50132 | |
| added together for the purpose of completing the maximum | 50133 |
| fifteen-year period of liability of such liable relative under | 50134 |
| division (B)(6) of section 5121.04 of the Revised Code. | 50135 |
| Sec. 5121.061. The authority of the department of mental | 50136 |
| health or the department of mental retardation and developmental | 50137 |
| disabilities to modify support charges pursuant to section 5121.04 | 50138 |
| of the Revised Code shall not be
exercised until the | 50139 |
| resident, recipient, or liable relative has petitioned the | 50140 |
| department for modification as provided in section 5121.07 of the | 50141 |
| Revised Code and has offered to the department satisfactory proof | 50142 |
| of | 50143 |
| and assets. The department may modify the charges if its | 50144 |
| investigation warrants such modification. | 50145 |
| Sec. 5121.07. Any person who has been charged with the | 50146 |
| payment of the support
of a | 50147 |
| institution; for pre-admission care, after-care, day-care, or | 50148 |
| routine consultation and treatment services in a community service | 50149 |
| unit under the control of | 50150 |
| department of mental retardation and developmental disabilities; | 50151 |
| or for the cost of state-operated community mental health services | 50152 |
| may petition the department for a release from, or modification | 50153 |
| of, such charge, and the department, after an investigation, may | 50154 |
| cancel or modify such former charge, or may cancel, compromise, or | 50155 |
| settle any accrued liability in an amount not exceeding five | 50156 |
| thousand dollars. Amounts in excess thereof may be canceled, | 50157 |
| compromised, or settled as provided in section 131.02 of the | 50158 |
| Revised Code. The department may for due cause increase the amount | 50159 |
| previously ordered paid. | 50160 |
| Sec. 5121.08. The managing officers of the benevolent | 50161 |
| institutions under the
control of | 50162 |
| 50163 | |
| disabilities, the managing officers of state-operated community | 50164 |
| mental health services, and the committing court, if requested, | 50165 |
| shall submit to the department such information as they may obtain | 50166 |
|
concerning the financial condition of any | 50167 |
| recipient, or of relatives
liable for the | 50168 |
| or recipient's support. | 50169 |
| Sec. 5121.09. In case the estate of any | 50170 |
| in a
benevolent
institution under the jurisdiction of | 50171 |
| 50172 | |
| retardation and developmental disabilities or
| 50173 |
| of state-operated community mental health services is sufficient | 50174 |
|
for the | 50175 |
| hardship to any others who may be dependent thereon, and no | 50176 |
| guardian has been appointed for such estate, the agent of the | 50177 |
| department shall petition the probate court of the proper county | 50178 |
| to appoint a guardian. | 50179 |
| Sec. 5121.10. Upon the death of a person who is a | 50180 |
| resident | 50181 |
|
institution under the jurisdiction of | 50182 |
| 50183 | |
| disabilities or of a person who is a recipient or has been a | 50184 |
| recipient of state-operated community mental health services, or | 50185 |
| 50186 | |
| the Revised Code for the support of a | 50187 |
| recipient, the department may waive the presentation of any claim | 50188 |
| for support against the estate of such decedent, when in its | 50189 |
| judgment an otherwise dependent person will be directly benefited | 50190 |
| by the estate. Claims against an estate for support of
a | 50191 |
| 50192 | |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 50193 |
| be barred, the same as the claims of other creditors of the | 50194 |
| estate, pursuant to that section or chapter. | 50195 |
| The department may accept from a guardian or trustee of a | 50196 |
| 50197 | |
| state from the property of the guardian's or trustee's ward before | 50198 |
| or at the death of the ward a fixed annual amount for the support | 50199 |
| of the ward while the
ward is a
| 50200 |
| with interest at four per cent per annum. A copy of the contract | 50201 |
| shall be filed in the probate court of the proper county and duly | 50202 |
| entered as a part of the records concerning the ward. | 50203 |
| Sec. 5121.11. The state shall bear the expense of the burial | 50204 |
| or
cremation of an indigent
| 50205 |
| 50206 | |
| mentally retarded | 50207 |
| body is not claimed for interment or cremation at the expense of | 50208 |
|
friends or
relatives | 50209 |
| or for the study of embalming in accordance with section 1713.34 | 50210 |
| of the Revised Code. The managing officer of the institution shall | 50211 |
| provide at the grave of the person or, if the person's cremated | 50212 |
| remains are buried, at the grave of the person's cremated remains, | 50213 |
| a metal, stone, or concrete marker on which shall be inscribed the | 50214 |
| name and age of the person and the date of death. | 50215 |
| Sec. 5121.12. The support and maintenance of | 50216 |
| 50217 | |
| confined in state institutions for the mentally retarded, | 50218 |
| including those transferred to them from state correctional | 50219 |
| institutions, and also including persons under indictment or | 50220 |
| conviction for crime, shall be collected and paid in accordance | 50221 |
| with this chapter. | 50222 |
| Sec. 5121.21. | 50223 |
| under the provisions of Chapter 5121. of the Revised Code is made | 50224 |
|
on account of a | 50225 |
| relative, as defined in division (A) of section 5121.06 of the | 50226 |
| Revised Code, such relative may recover the following amounts from | 50227 |
| the following persons; provided, that in no event may such | 50228 |
| relative recover in total more than such relative has paid the | 50229 |
| state, and provided, that in no event is the person from whom | 50230 |
| recovery is sought obliged to pay at a rate of support higher than | 50231 |
| such person would have paid had the state proceeded directly | 50232 |
| against such person: | 50233 |
| | 50234 |
|
resident or recipient, | 50235 |
| or from the
executor or administrator of
the | 50236 |
| resident's or recipient's estate, the full amount of payment made | 50237 |
| by such liable relative. | 50238 |
| | 50239 |
|
resident's | 50240 |
| of payment made by such liable relative. | 50241 |
| | 50242 |
| may recover
from such minor | 50243 |
| father the full amount of payment made by such mother. | 50244 |
| | 50245 |
|
resident's or recipient's spouse | 50246 |
| 50247 | |
| such | 50248 |
| 50249 | |
|
5121.06 of the Revised Code | 50250 |
| such liable relative; provided, that there may be recovered from | 50251 |
|
each such | 50252 |
| total payment as the figure one bears to the total number of such | 50253 |
| adult
| 50254 |
| | 50255 |
| may recover
from an adult | 50256 |
| father the full amount of payment made by such mother. | 50257 |
| Sec. 5121.30. As used in sections 5121.30 to 5121.55 of the | 50258 |
| Revised Code: | 50259 |
| (A) "Countable assets" means all of the following: | 50260 |
| (1) Cash; | 50261 |
| (2) Bank deposits; | 50262 |
| (3) Securities; | 50263 |
| (4) Individual retirement accounts; | 50264 |
| (5) Qualified employer plans, including 401(k) and Keogh | 50265 |
| plans; | 50266 |
| (6) Pension funds; | 50267 |
| (7) Annuities; | 50268 |
| (8) Funds in a trust created under section 1339.51 of the | 50269 |
| Revised Code; | 50270 |
| (9) Investment property and income; | 50271 |
| (10) The cash surrender values of life insurance policies; | 50272 |
| (11) Assets acquired by gift, bequest, devise, or | 50273 |
| inheritance; | 50274 |
| (12) Any other asset determined by the department of mental | 50275 |
| health to be equivalent to the assets enumerated in this division. | 50276 |
| (B) "Federal poverty level" or "FPL" means the income level | 50277 |
| represented by the poverty guidelines as revised annually by the | 50278 |
| United States department of health and human services in | 50279 |
| accordance with section 673(2) of the "Omnibus Reconciliation Act | 50280 |
| of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family | 50281 |
| size equal to the size of the family of the person whoseincome is | 50282 |
| being determined. | 50283 |
| (C) "Federal poverty guidelines" means the poverty guidelines | 50284 |
| as revised annually by the United States department of health and | 50285 |
| human services in accordance with section 673(2) of the "Omnibus | 50286 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, | 50287 |
| as amended, for a family size equal to the size of the family of | 50288 |
| the person whose income is being determined. | 50289 |
| (D) "Hospital" means an institution, hospital, or other place | 50290 |
| established, controlled, or supervised by the department under | 50291 |
| Chapter 5119. of the Revised Code. | 50292 |
| (E) "Liable relative" means both of the following: | 50293 |
| (1) A patient's spouse; | 50294 |
| (2) A patient's mother or father, or both, if the patient is | 50295 |
| under eighteen years of age. | 50296 |
| (F) "Patient" means a person admitted to a hospital for | 50297 |
| inpatient care or treatment. | 50298 |
| Sec. 5121.31. All patients shall be maintained at the expense | 50299 |
| of the state. The traveling and incidental expenses in conveying | 50300 |
| them to a hospital shall be paid by the county of commitment. On | 50301 |
| admission, patients shall be neatly and comfortably clothed. | 50302 |
| Thereafter, the expense of necessary clothing shall be borne by | 50303 |
| the responsible relatives or guardian if they are financially | 50304 |
| able. If not furnished, the state shall bear the expense. Any | 50305 |
| required traveling expense after admission to the hospital shall | 50306 |
| be borne by the state if the responsible relatives or guardian is | 50307 |
| unable to do so. | 50308 |
| Sec. 5121.32. On an annual basis, the department of mental | 50309 |
| health shall determine both of the following using generally | 50310 |
| accepted governmental accounting principles: | 50311 |
| (A) The applicable per diem charge for each hospital operated | 50312 |
| by the department; | 50313 |
| (B) The ancillary per diem rate for each hospital operated by | 50314 |
| the department. | 50315 |
| In determining a hospital's applicable per diem charge and | 50316 |
| ancillary per diem rate, the department shall consider the average | 50317 |
| actual per diem cost of maintaining and treating a patient at the | 50318 |
| hospital or, at the department's discretion, the average actual | 50319 |
| per diem cost of maintaining and treating a patient in a unit of | 50320 |
| the hospital. | 50321 |
| Sec. 5121.33. Except as provided in sections 5121.35, | 50322 |
| 5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised | 50323 |
| Code, the department of mental health shall, for each billing | 50324 |
| cycle, charge a patient, patient's estate, or liable relative an | 50325 |
| amount equal to the sum of the following: | 50326 |
| (A) The applicable per diem charge multiplied by the number | 50327 |
| of days the patient was admitted to the hospital; | 50328 |
| (B) An amount that was previously billed but not paid. | 50329 |
| Sec. 5121.34. A patient, patient's estate, and patient's | 50330 |
| liable relatives shall be jointly and severally liable for amounts | 50331 |
| charged by the department of mental health in accordance with | 50332 |
| sections 5121.33 and 5121.35 of the Revised Code. In no case shall | 50333 |
| any of the foregoing persons be liable for more than one hundred | 50334 |
| per cent of any amount charged. | 50335 |
| Sec. 5121.35. The department of mental health shall charge a | 50336 |
| patient, patient's estate, or liable relative an amount discounted | 50337 |
| from the amount the department charges under section 5121.33 of | 50338 |
| the Revised Code if the department determines through the | 50339 |
| application process described in section 5121.36 of the Revised | 50340 |
| Code or through the financial assessment process described in | 50341 |
| section 5121.37 of the Revised Code that the patient, estate, or | 50342 |
| relative is eligible for a discount. | 50343 |
| Sec. 5121.36. (A) A patient, patient's estate, or liable | 50344 |
| relative may apply for a discount by completing an application | 50345 |
| form the director of mental health specifies in rules adopted | 50346 |
| under section 5121.55 of the Revised Code. The department of | 50347 |
| mental health may require a patient, estate, or relative to | 50348 |
| furnish any of the following with an application form: | 50349 |
| (1) A copy of the patient's, estate's, or liable relative's | 50350 |
| federal income tax return for the year preceding the date of | 50351 |
| application or, if that is not yet available, the preceding year; | 50352 |
| (2) A copy of the patient's, estate's, or liable relative's | 50353 |
| employee tax withholding return (form W-2) for the year preceding | 50354 |
| the date of application. | 50355 |
| (B) To be considered, an application must be submitted to the | 50356 |
| department not later than one hundred twenty days after the date | 50357 |
| the patient is admitted to a hospital. | 50358 |
| (C) From the information provided by a patient, estate, or | 50359 |
| relative, the department shall determine whether the department | 50360 |
| will charge the person a discounted amount in accordance with | 50361 |
| sections 5121.40 and 5121.41 of the Revised Code. In making this | 50362 |
| determination, the department shall consider whether the patient | 50363 |
| is covered by an insurance policy or other contract that provides | 50364 |
| for payment of expenses and treatment for mental illness. If the | 50365 |
| department determines that the patient has coverage, the | 50366 |
| department shall require payment in accordance with section | 50367 |
| 5121.43 of the Revised Code. | 50368 |
| (D) The department shall notify the person who submitted the | 50369 |
| application form in writing regarding whether that person will be | 50370 |
| charged a discounted amount and the per diem rate to be charged. | 50371 |
| (E) In accordance with section 5121.42 of the Revised Code, | 50372 |
| the department may, at any time, modify an amount charged or | 50373 |
| change the per diem rate to be charged if the department learns of | 50374 |
| countable assets or income that was not previously disclosed or | 50375 |
| was acquired after the application form was submitted. Within a | 50376 |
| reasonable time, the department shall notify in writing any person | 50377 |
| affected by a modification or change. | 50378 |
| Sec. 5121.37. After a patient's admittance to a hospital, the | 50379 |
| department of mental health shall conduct a financial assessment | 50380 |
| to determine whether the patient, patient's estate, or liable | 50381 |
| relative will be charged an amount discounted from the amount the | 50382 |
| department charges under section 5121.33 of the Revised Code. The | 50383 |
| department shall make the determination in accordance with | 50384 |
| sections 5121.40 and 5121.41 of the Revised Code. | 50385 |
| If a discounted rate is to be charged, the department shall | 50386 |
| notify the person whose financial condition was assessed. The | 50387 |
| notice shall specify the per diem rate to be charged. | 50388 |
| In accordance with section 5121.42 of the Revised Code, the | 50389 |
| department may, at any time, modify an amount charged or change | 50390 |
| the per diem rate to be charged if the department learns of | 50391 |
| countable assets or income that was not previously disclosed or | 50392 |
| was acquired after the assessment was conducted. Within a | 50393 |
| reasonable time, the department shall notify in writing any person | 50394 |
| affected by a modification or change. | 50395 |
| Sec. 5121.38. The department of mental health may subpoena | 50396 |
| witnesses, take testimony under oath, and examine any public | 50397 |
| records relating to the income and other assets of a patient or of | 50398 |
| a relative liable for such patient's support. All information, | 50399 |
| conclusions, and recommendations shall be submitted to the | 50400 |
| department by the investigating agent of the department. | 50401 |
| Sec. 5121.39. The managing officers of the institutions | 50402 |
| under the control of the department of mental health shall submit | 50403 |
| to the department such information as they may obtain concerning | 50404 |
| the financial condition of any patient or relatives liable for the | 50405 |
| patient's support. | 50406 |
| Sec. 5121.40. (A) A patient, patient's estate, or liable | 50407 |
| relative may be eligible to be charged an amount discounted from | 50408 |
| the amount the department of mental health charges under section | 50409 |
| 5121.33 of the Revised Code if the patient, estate, or relative | 50410 |
| has countable assets with a total value that is not greater than | 50411 |
| an amount equal to fifty per cent of the gross annual income that | 50412 |
| corresponds with the family size of the patient, estate, or liable | 50413 |
| relative under the federal poverty guidelines. For purposes of | 50414 |
| determining family size, the patient is one dependent. One | 50415 |
| additional dependent shall be included for each of the following | 50416 |
| circumstances and persons: | 50417 |
| (1) The patient or liable relative is legally blind or deaf; | 50418 |
| (2) The patient or liable relative is of sixty-five years of | 50419 |
| age or older; | 50420 |
| (3) Each child under eighteen years of age for which the | 50421 |
| patient or liable relative is legally responsible for support; | 50422 |
| (4) The patient's or liable relative's spouse. | 50423 |
| (B) A patient, estate, or relative may, not later than one | 50424 |
| hundred twenty days after the patient's admission to a hospital, | 50425 |
| surrender the value of countable assets sufficient to reduce | 50426 |
| countable assets to not more than the limit described in division | 50427 |
| (A) of this section. | 50428 |
| Sec. 5121.41. (A) If the assets of a patient, patient's | 50429 |
| estate, or liable relative do not exceed the countable asset limit | 50430 |
| in section 5121.40 of the Revised Code and the annual income of | 50431 |
| the patient, estate, or relative does not exceed four hundred per | 50432 |
| cent of the federal poverty level, the patient, estate, or | 50433 |
| relative shall be charged an amount discounted from the amount the | 50434 |
| department charges under section 5121.33 of the Revised Code for | 50435 |
| the first thirty days the patient is admitted as an inpatient in a | 50436 |
| hospital. The amount of the discount shall be computed according | 50437 |
| to the following schedule: | 50438 |
| 50439 |
| 50440 |
| Inpatient | 1 - | 176 - | 200 - | 250 - | 300 - | 350 - | 50441 | |||||||
| Days at a | 175 | 199 | 249 | 299 | 349 | 399 | 50442 | |||||||
| Hospital | 50443 |
| 50444 |
| 1 - 14 | 100 | 90 | 70 | 50 | 30 | 10 | 50445 | |
| 15 - 30 | 100 | 95 | 75 | 55 | 35 | 15 | 50446 |
| (B) A patient, estate, or relative who is charged a | 50447 |
| discounted amount for the first thirty days the patient is | 50448 |
| admitted as an inpatient and who has an annual income not greater | 50449 |
| than one hundred seventy-five per cent of the federal poverty | 50450 |
| level shall not be charged for the days the patient is admitted | 50451 |
| beyond the thirtieth day. | 50452 |
| (C) A patient, estate, or relative who is charged a | 50453 |
| discounted amount for the first thirty days the patient is | 50454 |
| admitted as an inpatient and who has an annual income greater than | 50455 |
| one hundred seventy-five per cent of the federal poverty level | 50456 |
| shall be charged an amount equal to the sum of the following for | 50457 |
| the days the patient is admitted beyond the thirtieth day: | 50458 |
| (1) The ancillary per diem rate multiplied by the number of | 50459 |
| days the patient was admitted to the hospital; | 50460 |
| (2) An amount that was previously charged but not paid. | 50461 |
| Sec. 5121.42. (A) Except as provided in division (B) of this | 50462 |
| section, a patient, patient's estate, or liable relative shall | 50463 |
| cease to be eligible for a discount under sections 5121.36 or | 50464 |
| 5121.37 of the Revised Code on accumulation of countable assets in | 50465 |
| excess of an amount equal to fifty per cent of the gross annual | 50466 |
| income that corresponds with the family size of the patient, | 50467 |
| estate, or relative plus one additional dependent under the | 50468 |
| federal poverty guidelines. In making this determination, an | 50469 |
| additional dependent shall be included for each of the following | 50470 |
| circumstances and persons: | 50471 |
| (1) The patient or liable relative is legally blind or deaf; | 50472 |
| (2) The patient or liable relative is over sixty-five years | 50473 |
| of age; | 50474 |
| (3) Each child under eighteen years of age for which the | 50475 |
| patient or liable relative is legally responsible for support; | 50476 |
| (4) The patient's or liable relative's spouse. | 50477 |
| (B) Money needed to meet the patient's needs and burial fund | 50478 |
| as determined by a needs assessment conducted by the department of | 50479 |
| mental health pursuant to rules adopted under section 5119.01 of | 50480 |
| the Revised Code shall be excluded from any determination the | 50481 |
| department makes under division (A) of this section. | 50482 |
| Sec. 5121.43. If a patient is covered by an insurance policy | 50483 |
| or other contract that provides for payment of expenses for care | 50484 |
| and treatment for mental illness at or from an institution, | 50485 |
| state-operated community mental health service, or facility, | 50486 |
| including a hospital or community service unit under the | 50487 |
| jurisdiction of the department of mental health, sections 5121.33 | 50488 |
| to 5121.55 of the Revised Code are inapplicable to the extent that | 50489 |
| the policy or contract is in force. Any insurance carrier or other | 50490 |
| third party payor providing coverage for such care and treatment | 50491 |
| shall pay for the patient's support obligation in amounts equal to | 50492 |
| the lesser of amounts charged by the department under section | 50493 |
| 5121.33 of the Revised Code or the benefits provided under the | 50494 |
| policy or other contract. Whether or not an insured, owner of, or | 50495 |
| other person having an interest in such policy or other contract | 50496 |
| is liable for support payments, the insured, policy owner, or | 50497 |
| other person shall assign payment directly to the department of | 50498 |
| all assignable benefits under the policy or other contract and | 50499 |
| shall pay to the department, within ten days of receipt, all | 50500 |
| insurance or other benefits received as reimbursement or payment | 50501 |
| for expenses incurred by the patient or for any other reason. If | 50502 |
| the insured, policy owner, or other person refuses to assign | 50503 |
| payment to the department or refuses to pay received | 50504 |
| reimbursements or payments to the department within ten days of | 50505 |
| receipt, the total liability of the insured, policy owner, or | 50506 |
| other person for the services equals the sum of the following: | 50507 |
| (A) The amount computed under section 5121.33 of the Revised | 50508 |
| Code; | 50509 |
| (B) The amounts payable under the terms of the policy or | 50510 |
| other contract. | 50511 |
| In no event shall this total liability exceed the | 50512 |
| department's actual cost of providing care and treatment to a | 50513 |
| patient. The department may disqualify patients and liable | 50514 |
| relatives who have retained third party funds for future | 50515 |
| discounts. The department may request that the attorney general | 50516 |
| petition a court of competent jurisdiction to compel the insured, | 50517 |
| owner of, or other person having an interest in the policy or | 50518 |
| contract to comply with the assignment requirements in this | 50519 |
| section. | 50520 |
| Sec. 5121.44. The department of mental health may enter into | 50521 |
| an extended payment agreement with a patient, patient's estate, or | 50522 |
| liable relative who has notified the department that the patient, | 50523 |
| estate, or relative cannot reasonably pay an amount the department | 50524 |
| has charged. In no case shall the department take a security | 50525 |
| interest, mortgage, or lien against the principal family residence | 50526 |
| of a patient or liable relative with a dependent. | 50527 |
| Sec. 5121.45. (A) For purposes of this section, "delinquent | 50528 |
| payment" means an amount owed by a patient, patient's estate, or | 50529 |
| liable relative to the department of mental health for which the | 50530 |
| person has failed to do either of the following not later than | 50531 |
| ninety days after the service associated with the charge was | 50532 |
| incurred: | 50533 |
| (1) Make payment in full; | 50534 |
| (2) Make a payment in accordance with the terms of an | 50535 |
| agreement entered into under section 5121.44 of the Revised Code. | 50536 |
| (B) An action to enforce the collection of a delinquent | 50537 |
| payment shall be commenced not later than six years after the | 50538 |
| later of the following: | 50539 |
| (1) The last date the department received money to satisfy | 50540 |
| the delinquent payment; | 50541 |
| (2) The date the charge was due. | 50542 |
| (C) In all actions to enforce the collection of delinquent | 50543 |
| payments, a court of record shall receive into evidence the proof | 50544 |
| of claim document made by the state together with all debts and | 50545 |
| credits. The proof of claim document shall be prima-facie evidence | 50546 |
| of the facts stated in the document. | 50547 |
| Sec. 5121.46. The department of mental health shall not | 50548 |
| charge a liable relative under sections 5121.33 and 5121.35 of the | 50549 |
| Revised Code who has done either of the following: | 50550 |
| (A) Paid all amounts charged by the department for the care | 50551 |
| and treatment of a particular patient for fifteen consecutive | 50552 |
| years; | 50553 |
| (B) Paid amounts charged by the department for the care and | 50554 |
| treatment of more than one patient for a total of fifteen | 50555 |
| consecutive years. | 50556 |
| Sec. 5121.47. Irrespective of the number of patients for | 50557 |
| which the department of mental health may charge a liable relative | 50558 |
| under sections 5121.33 or 5121.35 of the Revised Code, the | 50559 |
| department shall not charge a liable relative or group of liable | 50560 |
| relatives who are members of the same family unit for the support | 50561 |
| of more than one patient during the same period of time. | 50562 |
| Sec. 5121.49. (A) Any person who has been charged under | 50563 |
| section 5121.33 or 5121.35 of the Revised Code may petition the | 50564 |
| department of mental health to do the following: | 50565 |
| (1) Release the person from a charge; | 50566 |
| (2) Modify or cancel a charge. | 50567 |
| (B) The department shall respond to a petition in writing and | 50568 |
| inform the petitioner of whether a release, modification, or | 50569 |
| cancellation has been approved. | 50570 |
| Sec. 5121.50. When a patient is committed to a hospital | 50571 |
| pursuant to judicial proceedings, the judge ordering the | 50572 |
| commitment shall: | 50573 |
| (A) Make a reliable report on the financial condition of the | 50574 |
| patient and of each liable relative, as provided in rules adopted | 50575 |
| by the director of mental health; | 50576 |
| (B) Certify the report required under division (A) of this | 50577 |
| section to the managing officer of the hospital. The managing | 50578 |
| officer shall thereupon enter in the managing officer's records | 50579 |
| the name and address of any guardian appointed and of any relative | 50580 |
| liable for the patient's support. | 50581 |
| Sec. 5121.51. In case the estate of any patient in a | 50582 |
| hospital is sufficient for the patient's support, without hardship | 50583 |
| to any others who may be dependent thereon, and no guardian has | 50584 |
| been appointed for such estate, the agent of the department of | 50585 |
| mental health shall petition the probate court of the proper | 50586 |
| county to appoint a guardian. | 50587 |
| Sec. 5121.52. On the death of a person who is a patient, or | 50588 |
| has been a patient in a hospital, or on the death of a person | 50589 |
| responsible under section 5121.34 of the Revised Code for the | 50590 |
| support of a patient, the department of mental health may waive | 50591 |
| the presentation of any claim for support against the estate of | 50592 |
| such decedent, when in its judgment an otherwise dependent person | 50593 |
| will be directly benefited by the estate. Claims against an estate | 50594 |
| for support of a patient are subject to section 1339.51 and | 50595 |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 50596 |
| be barred, the same as the claims of other creditors of the | 50597 |
| estate, pursuant to that section or chapter. | 50598 |
| The department of mental health may accept from a guardian or | 50599 |
| trustee of a patient a contract agreeing to pay to the state from | 50600 |
| the property of the guardian's or trustee's ward before or at the | 50601 |
| death of the ward a fixed annual amount for the support of the | 50602 |
| ward while the ward is a patient, with interest at four per cent | 50603 |
| per annum. A copy of the contract shall be filed in the probate | 50604 |
| court of the proper county and duly entered as a part of the | 50605 |
| records concerning the ward. | 50606 |
| Sec. 5121.53. The state shall bear the expense of the burial | 50607 |
| or cremation of an indigent patient who dies in a hospital if the | 50608 |
| body is not claimed for interment or cremation at the expense of | 50609 |
| friends or relatives, or is not delivered for anatomical purposes | 50610 |
| or for the study of embalming in accordance with section 1713.34 | 50611 |
| of the Revised Code. The managing officer of the hospital shall | 50612 |
| provide at the grave of the patient or, if the patient's cremated | 50613 |
| remains are buried, at the grave of the patient's cremated | 50614 |
| remains, a metal, stone, or concrete marker on which shall be | 50615 |
| inscribed the name and age of the patient and the date of death. | 50616 |
| Sec. 5121.54. (A) If payment of any amount due the state | 50617 |
| under the provisions of this chapter is made on account of a | 50618 |
| patient by any liable relative, as defined in section 5121.30 of | 50619 |
| the Revised Code, the relative may recover the following amounts | 50620 |
| from the following persons; provided, that in no event may a | 50621 |
| relative recover in total more than the relative has paid the | 50622 |
| state, and provided, that in no event is the person from whom | 50623 |
| recovery is sought obliged to pay at a rate of support higher than | 50624 |
| the person would have paid had the state proceeded directly | 50625 |
| against that person: | 50626 |
| (1) A liable relative may recover from the patient, the | 50627 |
| patient's guardian, or from the executor or administrator of the | 50628 |
| patient's estate, the full amount of payment made by the liable | 50629 |
| relative. | 50630 |
| (2) A parent may recover from the patient's or resident's | 50631 |
| spouse the full amount of payment made by the parent for | 50632 |
| hospitalization that occurred during the marriage. | 50633 |
| Sec. 5121.55. The director of mental health shall adopt rules | 50634 |
| in accordance with Chapter 119. of the Revised Code regarding the | 50635 |
| application form a person must use to apply for a discount as | 50636 |
| described in section 5121.36 of the Revised Code. | 50637 |
| Sec. 5122.03. A patient admitted under section 5122.02 of | 50638 |
|
the Revised Code who requests | 50639 |
|
release is requested in writing by | 50640 |
| legal guardian, parent, spouse, or adult next of kin shall be | 50641 |
| released forthwith, except that when: | 50642 |
| (A) The patient was admitted on | 50643 |
| application and the request for release is made by a person other | 50644 |
| than the patient, release may be conditional upon the agreement of | 50645 |
| the patient; or | 50646 |
| (B) The chief clinical officer of the hospital, within three | 50647 |
| court days from the receipt of the request for release, files or | 50648 |
| causes to be filed with the court of the county where the patient | 50649 |
| is hospitalized or of the county where the patient is a resident, | 50650 |
| an affidavit under section 5122.11 of the Revised Code. Release | 50651 |
| may be postponed until the hearing held under section 5122.141 of | 50652 |
| the Revised Code. A telephone communication within three court | 50653 |
| days from the receipt of the request for release from the chief | 50654 |
| clinical officer to the court, indicating that the required | 50655 |
| affidavit has been mailed, is sufficient compliance with the time | 50656 |
| limit for filing such affidavit. | 50657 |
| Unless the patient is released within three days from the | 50658 |
| receipt of the request by the chief clinical officer, the request | 50659 |
| shall serve as a request for an initial hearing under section | 50660 |
| 5122.141 of the Revised Code. If the court finds that the patient | 50661 |
| is a mentally ill person subject to hospitalization by court | 50662 |
| order, all provisions of this chapter with respect to involuntary | 50663 |
| hospitalization apply to such person. | 50664 |
| Judicial proceedings for hospitalization shall not be | 50665 |
| commenced with respect to a voluntary patient except pursuant to | 50666 |
| this section. | 50667 |
| Sections | 50668 |
| Code apply to persons received in a hospital operated by the | 50669 |
| department of mental health on a voluntary application. | 50670 |
| The chief clinical officer of the hospital shall provide | 50671 |
| reasonable means and arrangements for informing patients of their | 50672 |
| rights to release as provided in this section and for assisting | 50673 |
| them in making and presenting requests for release or for a | 50674 |
| hearing under section 5122.141 of the Revised Code. | 50675 |
| Before a patient is released from a public hospital, the | 50676 |
| chief clinical officer shall, when possible, notify the board of | 50677 |
| the patient's county of residence of the patient's pending release | 50678 |
| after | 50679 |
| the board will be so notified. | 50680 |
| Sec. 5122.04. (A) Upon the request of a minor fourteen years | 50681 |
| of age or older, a mental health professional may provide | 50682 |
|
outpatient mental health services, | 50683 |
| or a person working for or on behalf of a tobacco cessation | 50684 |
| program may provide tobacco cessation counseling, without the | 50685 |
| consent or knowledge of the minor's
parent or guardian. | 50686 |
| services or counseling shall not include the use of medication. | 50687 |
| Except as otherwise provided in this section, in the case of | 50688 |
| mental health services, the minor's parent or guardian shall not | 50689 |
| be informed of the services without the minor's consent unless the | 50690 |
| mental health professional treating the minor determines that | 50691 |
| there is a compelling need for disclosure based on a substantial | 50692 |
| probability of harm to the minor or to other persons, and if the | 50693 |
| minor is notified of the mental health professional's intent to | 50694 |
| inform the minor's parent, or guardian. | 50695 |
| (B) Services or counseling provided to a minor pursuant to | 50696 |
| this section shall be limited to not more than six sessions or | 50697 |
| thirty days of services or counseling whichever occurs sooner. | 50698 |
| After the sixth session or thirty days of services or counseling | 50699 |
| the mental health professional or person working for or on behalf | 50700 |
| of the tobacco cessation program shall terminate the services or | 50701 |
| counseling or, with the consent of the minor, notify the parent, | 50702 |
| or guardian, to obtain consent to provide further outpatient | 50703 |
| services or tobacco cessation counseling. | 50704 |
| (C) The minor's parent or guardian shall not be liable for | 50705 |
| the costs of services which are received by a minor under division | 50706 |
| (A). | 50707 |
| (D) Nothing in this section relieves a mental health | 50708 |
| professional from the obligations of section 2151.421 of the | 50709 |
| Revised Code. | 50710 |
| (E) As used in this section, "mental health professional" has | 50711 |
| the same meaning as in section 340.02 of the Revised Code. | 50712 |
| Sec. 5122.31. (A) All certificates, applications, records, | 50713 |
| and reports made for the purpose of this chapter and sections | 50714 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 50715 |
| Code, other than court journal entries or court docket entries, | 50716 |
| and directly or indirectly identifying a patient or former patient | 50717 |
| or person whose hospitalization has been sought under this | 50718 |
| chapter, shall be kept confidential and shall not be disclosed by | 50719 |
| any person except: | 50720 |
| | 50721 |
| guardian, if any, or if the person is a minor, the person's parent | 50722 |
| or legal guardian, consents, and if the disclosure is in the best | 50723 |
| interests of the person, as may be determined by the court for | 50724 |
| judicial records and by the chief clinical officer for medical | 50725 |
| records; | 50726 |
| | 50727 |
| section 5123.60 of the Revised Code; | 50728 |
| | 50729 |
| mental health services, and community mental health agencies may | 50730 |
| release necessary medical information to insurers and other | 50731 |
| third-party payers, including government entities responsible for | 50732 |
| processing and authorizing payment, to obtain payment for goods | 50733 |
| and services furnished to the patient; | 50734 |
| | 50735 |
| | 50736 |
| patient's own psychiatric and medical records, unless access | 50737 |
| specifically is restricted in a patient's treatment plan for clear | 50738 |
| treatment reasons; | 50739 |
| | 50740 |
| within the department of mental health may exchange psychiatric | 50741 |
| records and other pertinent information with other hospitals, | 50742 |
| institutions, and facilities of the department, and with community | 50743 |
| mental health agencies and boards of alcohol, drug addiction, and | 50744 |
| mental health services with which the department has a current | 50745 |
| agreement for patient care or services. Records and information | 50746 |
| that may be released pursuant to this division shall be limited to | 50747 |
| medication history, physical health status and history, financial | 50748 |
| status, summary of course of treatment in the hospital, summary of | 50749 |
| treatment needs, and a discharge summary, if any. | 50750 |
| | 50751 |
| provision, planning, and monitoring of services to the patient may | 50752 |
| receive medication information, a summary of the patient's | 50753 |
| diagnosis and prognosis, and a list of the services and personnel | 50754 |
| available to assist the patient and the patient's family, if the | 50755 |
| patient's treating physician determines that the disclosure would | 50756 |
| be in the best interests of the patient. No such disclosure shall | 50757 |
| be made unless the patient is notified first and receives the | 50758 |
| information and does not object to the disclosure. | 50759 |
| | 50760 |
| psychiatric records and certain other information with the board | 50761 |
| of alcohol, drug addiction, and mental health services and other | 50762 |
| agencies in order to provide services to a person involuntarily | 50763 |
| committed to a board. Release of records under this division shall | 50764 |
| be limited to medication history, physical health status and | 50765 |
| history, financial status, summary of course of treatment, summary | 50766 |
| of treatment needs, and discharge summary, if any. | 50767 |
| | 50768 |
| the administrator of an estate of a deceased patient when the | 50769 |
| information is necessary to administer the estate; | 50770 |
| | 50771 |
| society may be released to the closest living relative of a | 50772 |
| deceased patient upon request of that relative; | 50773 |
| | 50774 |
| the appropriate board or to staff members designated by the | 50775 |
| director of mental health for the purpose of evaluating the | 50776 |
| quality, effectiveness, and efficiency of services and determining | 50777 |
| if the services meet minimum standards. Information obtained | 50778 |
| during such evaluations shall not be retained with the name of any | 50779 |
| patient. | 50780 |
| | 50781 |
| course of treatment, treatment needs, and prognosis shall be | 50782 |
| disclosed and released to the appropriate prosecuting attorney if | 50783 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 50784 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 50785 |
| attorney designated by the board for proceedings pursuant to | 50786 |
| involuntary commitment under this chapter. | 50787 |
| | 50788 |
| psychiatric hospitalization records, other mental health treatment | 50789 |
| records, and other pertinent information with the department of | 50790 |
| rehabilitation and correction to ensure continuity of care for | 50791 |
| inmates who are receiving mental health services in an institution | 50792 |
| of the department of rehabilitation and correction. The department | 50793 |
| shall not disclose those records unless the inmate is notified, | 50794 |
| receives the information, and does not object to the disclosure. | 50795 |
| The release of records under this division is limited to records | 50796 |
| regarding an inmate's medication history, physical health status | 50797 |
| and history, summary of course of treatment, summary of treatment | 50798 |
| needs, and a discharge summary, if any. | 50799 |
| | 50800 |
| operate may transfer to either a community mental health agency | 50801 |
| that assumes its caseload or to the board of alcohol, drug | 50802 |
| addiction, and mental health services of the service district in | 50803 |
| which the patient resided at the time services were most recently | 50804 |
| provided any treatment records that have not been transferred | 50805 |
| elsewhere at the patient's request. | 50806 |
| | 50807 |
| 50808 | |
| the records shall attempt to obtain the patient's consent for the | 50809 |
| disclosure. No person shall reveal the contents of a medical | 50810 |
| record of a patient except as authorized by law. | 50811 |
| (C) The managing officer of a hospital who releases necessary | 50812 |
| medical information under division (A)(3) of this section to allow | 50813 |
| an insurance carrier or other third party payor to comply with | 50814 |
| section 5121.43 of the Revised Code shall neither be subject to | 50815 |
| criminal nor civil liability. | 50816 |
| Sec. 5123.01. As used in this chapter: | 50817 |
| (A) "Chief medical officer" means the licensed physician | 50818 |
| appointed by the managing officer of an institution for the | 50819 |
| mentally retarded with the approval of the director of mental | 50820 |
| retardation and developmental disabilities to provide medical | 50821 |
| treatment for residents of the institution. | 50822 |
| (B) "Chief program director" means a person with special | 50823 |
| training and experience in the diagnosis and management of the | 50824 |
| mentally retarded, certified according to division (C) of this | 50825 |
| section in at least one of the designated fields, and appointed by | 50826 |
| the managing officer of an institution for the mentally retarded | 50827 |
| with the approval of the director to provide habilitation and care | 50828 |
| for residents of the institution. | 50829 |
| (C) "Comprehensive evaluation" means a study, including a | 50830 |
| sequence of observations and examinations, of a person leading to | 50831 |
| conclusions and recommendations formulated jointly, with | 50832 |
| dissenting opinions if any, by a group of persons with special | 50833 |
| training and experience in the diagnosis and management of persons | 50834 |
| with mental retardation or a developmental disability, which group | 50835 |
| shall include individuals who are professionally qualified in the | 50836 |
| fields of medicine, psychology, and social work, together with | 50837 |
| such other specialists as the individual case may require. | 50838 |
| (D) "Education" means the process of formal training and | 50839 |
| instruction to facilitate the intellectual and emotional | 50840 |
| development of residents. | 50841 |
| (E) "Habilitation" means the process by which the staff of | 50842 |
| the institution assists the resident in acquiring and maintaining | 50843 |
| those life skills that enable the resident to cope more | 50844 |
| effectively with the demands of the resident's own person and of | 50845 |
| the resident's environment and in raising the level of the | 50846 |
| resident's physical, mental, social, and vocational efficiency. | 50847 |
| Habilitation includes but is not limited to programs of formal, | 50848 |
| structured education and training. | 50849 |
| (F)
| 50850 |
| 50851 | |
| 50852 | |
| 50853 | |
| 50854 |
| | 50855 |
| public health nurse, or other person authorized or designated by a | 50856 |
| city or general health district. | 50857 |
| | 50858 |
| medicaid-funded home and community-based services specified in | 50859 |
| division (B)(1) of section 5111.87 of the Revised Code provided | 50860 |
| under the medicaid waiver components the department of mental | 50861 |
| retardation and developmental disabilities administers pursuant to | 50862 |
| section 5111.871 of the Revised Code. | 50863 |
| | 50864 |
| without substantial financial hardship, to provide for the payment | 50865 |
| of an attorney and for other necessary expenses of legal | 50866 |
| representation, including expert testimony. | 50867 |
| | 50868 |
| part of a public or private facility, that is licensed by the | 50869 |
| appropriate state department and is equipped to provide | 50870 |
| residential habilitation, care, and treatment for the mentally | 50871 |
| retarded. | 50872 |
| | 50873 |
| certificate issued under Chapter 4731. of the Revised Code | 50874 |
| authorizing the person to practice medicine and surgery or | 50875 |
| osteopathic medicine and surgery, or a medical officer of the | 50876 |
| government of the United States while in the performance of the | 50877 |
| officer's official duties. | 50878 |
| | 50879 |
| the director of mental retardation and developmental disabilities | 50880 |
| to be in executive control of an institution for the mentally | 50881 |
| retarded under the jurisdiction of the department. | 50882 |
| | 50883 |
| of the Revised Code. | 50884 |
| | 50885 |
| management services provided to an individual with mental | 50886 |
| retardation or other developmental disability that the state | 50887 |
| medicaid plan requires. | 50888 |
| | 50889 |
| significantly subaverage general intellectual functioning existing | 50890 |
| concurrently with deficiencies in adaptive behavior, manifested | 50891 |
| during the developmental period. | 50892 |
| | 50893 |
| institutionalization by court order" means a person eighteen years | 50894 |
| of age or older who is at least moderately mentally retarded and | 50895 |
| in relation to whom, because of the person's retardation, either | 50896 |
| of the following conditions exist: | 50897 |
| (1) The person represents a very substantial risk of physical | 50898 |
| impairment or injury to self as manifested by evidence that the | 50899 |
| person is unable to provide for and is not providing for the | 50900 |
| person's most basic physical needs and that provision for those | 50901 |
| needs is not available in the community; | 50902 |
| (2) The person needs and is susceptible to significant | 50903 |
| habilitation in an institution. | 50904 |
| | 50905 |
| retarded" means a person who is found, following a comprehensive | 50906 |
| evaluation, to be impaired in adaptive behavior to a moderate | 50907 |
| degree and to be functioning at the moderate level of intellectual | 50908 |
| functioning in accordance with standard measurements as recorded | 50909 |
| in the most current revision of the manual of terminology and | 50910 |
| classification in mental retardation published by the American | 50911 |
| association on mental retardation. | 50912 |
| | 50913 |
| limitation," "developmental delay," and "established risk" have | 50914 |
| the meanings established pursuant to section 5123.011 of the | 50915 |
| Revised Code. | 50916 |
| "Developmental disability" means a severe, chronic disability | 50917 |
| that is characterized by all of the following: | 50918 |
| (1) It is attributable to a mental or physical impairment or | 50919 |
| a combination of mental and physical impairments, other than a | 50920 |
| mental or physical impairment solely caused by mental illness as | 50921 |
| defined in division (A) of section 5122.01 of the Revised Code. | 50922 |
| (2) It is manifested before age twenty-two. | 50923 |
| (3) It is likely to continue indefinitely. | 50924 |
| (4) It results in one of the following: | 50925 |
| (a) In the case of a person under three years of age, at | 50926 |
| least one developmental delay or an established risk; | 50927 |
| (b) In the case of a person at least three years of age but | 50928 |
| under six years of age, at least two developmental delays or an | 50929 |
| established risk; | 50930 |
| (c) In the case of a person six years of age or older, a | 50931 |
| substantial functional limitation in at least three of the | 50932 |
| following areas of major life activity, as appropriate for the | 50933 |
| person's age: self-care, receptive and expressive language, | 50934 |
| learning, mobility, self-direction, capacity for independent | 50935 |
| living, and, if the person is at least sixteen years of age, | 50936 |
| capacity for economic self-sufficiency. | 50937 |
| (5) It causes the person to need a combination and sequence | 50938 |
| of special, interdisciplinary, or other type of care, treatment, | 50939 |
| or provision of services for an extended period of time that is | 50940 |
| individually planned and coordinated for the person. | 50941 |
| | 50942 |
| a developmental disability. | 50943 |
| | 50944 |
| tax-supported and under the jurisdiction of the department. | 50945 |
| | 50946 |
| meaning as "legal settlement," which is acquired by residing in | 50947 |
| Ohio for a period of one year without receiving general assistance | 50948 |
| prior to July 17, 1995, under former Chapter 5113. of the Revised | 50949 |
| Code, financial assistance under Chapter 5115. of the Revised | 50950 |
| Code, or assistance from a private agency that maintains records | 50951 |
| of assistance given. A person having a legal settlement in the | 50952 |
| state shall be considered as having legal settlement in the | 50953 |
| assistance area in which the person resides. No adult person | 50954 |
| coming into this state and having a spouse or minor children | 50955 |
| residing in another state shall obtain a legal settlement in this | 50956 |
| state as long as the spouse or minor children are receiving public | 50957 |
| assistance, care, or support at the expense of the other state or | 50958 |
| its subdivisions. For the purpose of determining the legal | 50959 |
| settlement of a person who is living in a public or private | 50960 |
| institution or in a home subject to licensing by the department of | 50961 |
| job and family services, the department of mental health, or the | 50962 |
| department of mental retardation and developmental disabilities, | 50963 |
| the residence of the person shall be considered as though the | 50964 |
| person were residing in the county in which the person was living | 50965 |
| prior to the person's entrance into the institution or home. | 50966 |
| Settlement once acquired shall continue until a person has been | 50967 |
| continuously absent from Ohio for a period of one year or has | 50968 |
| acquired a legal residence in another state. A woman who marries a | 50969 |
| man with legal settlement in any county immediately acquires the | 50970 |
| settlement of her husband. The legal settlement of a minor is that | 50971 |
| of the parents, surviving parent, sole parent, parent who is | 50972 |
| designated the residential parent and legal custodian by a court, | 50973 |
| other adult having permanent custody awarded by a court, or | 50974 |
| guardian of the person of the minor, provided that: | 50975 |
| (1) A minor female who marries shall be considered to have | 50976 |
| the legal settlement of her husband and, in the case of death of | 50977 |
| her husband or divorce, she shall not thereby lose her legal | 50978 |
| settlement obtained by the marriage. | 50979 |
| (2) A minor male who marries, establishes a home, and who has | 50980 |
| resided in this state for one year without receiving general | 50981 |
| assistance prior to July 17, 1995, under former Chapter 5113. of | 50982 |
| the Revised Code, financial assistance under Chapter 5115. of the | 50983 |
| Revised Code, or assistance from a private agency that maintains | 50984 |
| records of assistance given shall be considered to have obtained a | 50985 |
| legal settlement in this state. | 50986 |
| (3) The legal settlement of a child under eighteen years of | 50987 |
| age who is in the care or custody of a public or private child | 50988 |
| caring agency shall not change if the legal settlement of the | 50989 |
| parent changes until after the child has been in the home of the | 50990 |
| parent for a period of one year. | 50991 |
| No person, adult or minor, may establish a legal settlement | 50992 |
| in this state for the purpose of gaining admission to any state | 50993 |
| institution. | 50994 |
| | 50995 |
| this section, a person who is admitted either voluntarily or | 50996 |
| involuntarily to an institution or other facility pursuant to | 50997 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 50998 |
| Code subsequent to a finding of not guilty by reason of insanity | 50999 |
| or incompetence to stand trial or under this chapter who is under | 51000 |
| observation or receiving habilitation and care in an institution. | 51001 |
| (2) "Resident" does not include a person admitted to an | 51002 |
| institution or other facility under section 2945.39, 2945.40, | 51003 |
| 2945.401, or 2945.402 of the Revised Code to the extent that the | 51004 |
| reference in this chapter to resident, or the context in which the | 51005 |
| reference occurs, is in conflict with any provision of sections | 51006 |
| 2945.37 to 2945.402 of the Revised Code. | 51007 |
| | 51008 |
| commitment, or continued commitment is being sought in any | 51009 |
| proceeding under this chapter. | 51010 |
| | 51011 |
| Wednesday, Thursday, and Friday, except when such day is a legal | 51012 |
| holiday. | 51013 |
| | 51014 |
| solicitor, city director of law, or similar chief legal officer | 51015 |
| who prosecuted a criminal case in which a person was found not | 51016 |
| guilty by reason of insanity, who would have had the authority to | 51017 |
| prosecute a criminal case against a person if the person had not | 51018 |
| been found incompetent to stand trial, or who prosecuted a case in | 51019 |
| which a person was found guilty. | 51020 |
| | 51021 |
| common pleas. | 51022 |
| Sec. 5123.046. The department of mental retardation and | 51023 |
| developmental disabilities shall review each component of the | 51024 |
| three-calendar year plan it receives from a county board of mental | 51025 |
| retardation and developmental disabilities under section 5126.054 | 51026 |
| of the Revised Code and, in consultation with the department of | 51027 |
| job and family services and office of budget and management, | 51028 |
| approve each component that includes all the information and | 51029 |
| conditions specified in that section. The fourth component of the | 51030 |
| plan shall be approved or disapproved not later than forty-five | 51031 |
| days after the fourth component is submitted to the department | 51032 |
| under division (B)(3) of section 5126.054 of the Revised Code. If | 51033 |
| the department approves all four components of the plan, the plan | 51034 |
| is approved. Otherwise, the plan is disapproved. If the plan is | 51035 |
| disapproved, the department shall take action against the county | 51036 |
| board under division (B) of section 5126.056 of the Revised Code. | 51037 |
| In approving plans under this section, the department shall | 51038 |
| ensure that the aggregate of all plans provide for the increased | 51039 |
| enrollment into home and community-based services during each | 51040 |
| state fiscal year of at least five hundred individuals who did not | 51041 |
| receive residential services, supported living, or home and | 51042 |
| community-based services the prior state fiscal year if the | 51043 |
| department has enough additional enrollment available for this | 51044 |
| purpose. | 51045 |
| The department shall establish protocols that the department | 51046 |
| shall use to determine whether a county board is complying with | 51047 |
| the programmatic and financial accountability mechanisms and | 51048 |
| achieving outcomes specified in its approved plan. If the | 51049 |
| department determines that a county board is not in compliance | 51050 |
| with the mechanisms or achieving the outcomes specified in its | 51051 |
| approved plan, the department may take action under division | 51052 |
| 51053 |
| Sec. 5123.047. (A) | 51054 |
| 51055 | |
| 51056 | |
| 51057 | |
| 51058 | |
| 51059 | |
| 51060 |
| | 51061 |
| disabilities shall pay the nonfederal share of medicaid | 51062 |
| expenditures for medicaid case management services if
| 51063 |
| 51064 |
| | 51065 |
| mental retardation or other developmental disability who a county | 51066 |
| board of mental retardation and developmental disabilities has | 51067 |
| determined under section 5126.041 of the Revised Code is not | 51068 |
|
eligible for county board services | 51069 |
| | 51070 |
| 51071 | |
| 51072 | |
| 51073 | |
| 51074 |
| | 51075 |
| medicaid expenditures for home and community-based services if | 51076 |
| either of the following apply: | 51077 |
| (1) The services are provided to an individual with mental | 51078 |
| retardation or other developmental disability who a county board | 51079 |
| has determined under section 5126.041 of the Revised Code is not | 51080 |
| eligible for county board services; | 51081 |
| (2) The services are provided to an individual with mental | 51082 |
| retardation or other developmental disability given priority for | 51083 |
| the services pursuant to division (D)(3) of section 5126.042 of | 51084 |
| the Revised Code. The department shall pay the nonfederal share of | 51085 |
| medicaid expenditures for home and community-based services | 51086 |
| provided to such an individual for as long as the individual | 51087 |
| continues to be eligible for and receive the services, regardless | 51088 |
| of whether the services are provided after June 30, 2003. | 51089 |
| Sec. 5123.049. The director of mental retardation and | 51090 |
| developmental disabilities shall adopt rules in accordance with | 51091 |
| Chapter 119. of the Revised Code governing the authorization and | 51092 |
|
payment of home and community-based services | 51093 |
|
management services | 51094 |
| shall provide for private providers of the services to receive one | 51095 |
| hundred per cent of the medicaid allowable payment amount and for | 51096 |
| government providers of the services to receive the federal share | 51097 |
| of the medicaid allowable payment, less the amount withheld as a | 51098 |
| fee under section 5123.0412 of the Revised Code and any amount | 51099 |
| that may be required by rules adopted under section 5123.0413 of | 51100 |
| the Revised Code to be deposited into the state MR/DD risk fund. | 51101 |
| The rules shall establish the process by which county boards of | 51102 |
| mental retardation and developmental disabilities shall certify | 51103 |
| and provide the nonfederal share of medicaid expenditures that the | 51104 |
| county board is required by division (A) of section 5126.057 of | 51105 |
| the Revised Code to pay. The process shall require a county board | 51106 |
| to certify that the county board has funding available at one time | 51107 |
| for two months costs for those expenditures. The process may | 51108 |
| permit a county board to certify that the county board has funding | 51109 |
| available at one time for more than two months costs for those | 51110 |
| expenditures. | 51111 |
| Sec. 5123.0412. (A) The department of mental retardation and | 51112 |
| developmental disabilities shall charge each county board of | 51113 |
| mental retardation and developmental disabilities an annual fee | 51114 |
| equal to one and one-half per cent of the total value of all | 51115 |
| medicaid paid claims for medicaid case management services and | 51116 |
| home and
community-based services | 51117 |
| 51118 | |
| individual eligible for services from the county board. No county | 51119 |
| board shall pass the cost of a fee charged to the county board | 51120 |
| under this section on to | 51121 |
| 51122 | |
| these services. | 51123 |
| (B) The fees collected under this section shall be deposited | 51124 |
| into the ODMR/DD administration and oversight fund and the ODJFS | 51125 |
| administration and oversight fund, both of which are hereby | 51126 |
| created in the state treasury. The portion of the fees to be | 51127 |
| deposited into the ODMR/DD administration and oversight fund and | 51128 |
| the portion of the fees to be deposited into the ODJFS | 51129 |
| administration and oversight fund shall be the portion specified | 51130 |
| in an interagency agreement entered into under division (C) of | 51131 |
| this section. The department of mental retardation and | 51132 |
| developmental disabilities shall use the money in the ODMR/DD | 51133 |
| administration and oversight fund and the department of job and | 51134 |
| family services shall use the money in the ODJFS administration | 51135 |
| and oversight fund for both of the following purposes: | 51136 |
| (1) The administrative and oversight costs of | 51137 |
| 51138 | |
|
community-based services | 51139 |
| 51140 | |
| 51141 | |
| oversight costs shall include costs for staff, systems, and other | 51142 |
| resources the departments need and dedicate solely to the | 51143 |
| following duties associated with the services: | 51144 |
| (a) Eligibility determinations; | 51145 |
| (b) Training; | 51146 |
| (c) Fiscal management; | 51147 |
| (d) Claims processing; | 51148 |
| (e) Quality assurance oversight; | 51149 |
| (f) Other duties the departments identify. | 51150 |
| (2) Providing technical support to county boards' local | 51151 |
| administrative authority under section 5126.055 of the Revised | 51152 |
| Code for the services. | 51153 |
| (C) The departments of mental retardation and developmental | 51154 |
| disabilities and job and family services shall enter into an | 51155 |
| interagency agreement to do both of the following: | 51156 |
| (1) Specify which portion of the fees collected under this | 51157 |
| section is to be deposited into the ODMR/DD administration and | 51158 |
| oversight fund and which portion is to be deposited into the ODJFS | 51159 |
| administration and oversight fund; | 51160 |
| (2) Provide for the departments to coordinate the staff whose | 51161 |
| costs are paid for with money in the ODMR/DD administration and | 51162 |
| oversight fund and the ODJFS administration and oversight fund. | 51163 |
| (D) The departments shall submit an annual report to the | 51164 |
| director of budget and management certifying how the departments | 51165 |
| spent the money in the ODMR/DD administration and oversight fund | 51166 |
| and the ODJFS administration and oversight fund for the purposes | 51167 |
| specified in division (B) of this section. | 51168 |
| Sec. 5123.19. (A) As used in this section and in sections | 51169 |
|
5123.191 | 51170 |
| Revised Code: | 51171 |
| (1) | 51172 |
| in which an individual with mental retardation or a developmental | 51173 |
| disability resides in an individualized setting chosen by the | 51174 |
| individual or individual's guardian, which is not dedicated | 51175 |
| principally to the provision of residential services for | 51176 |
| individuals with mental retardation or a developmental disability, | 51177 |
| and for which no financial support is received for rendering such | 51178 |
| service from any governmental agency by a provider of residential | 51179 |
| services. | 51180 |
| (2) "Intermediate care facility for the mentally retarded" | 51181 |
| means a residential facility certified as an intermediate care | 51182 |
| facility for the mentally retarded by the director of health in | 51183 |
| accordance with Title XIX of the "Social Security Act," 79 Stat. | 51184 |
| 286 (1965), 42 U.S.C. 1396. | 51185 |
| (3) "Licensee" means the person or government agency that has | 51186 |
| applied for a license to operate a residential facility and to | 51187 |
| which the license was issued under this section. | 51188 |
| (4) "Political subdivision" means a municipal corporation, | 51189 |
| county, or township. | 51190 |
| (5) "Residential facility" means a home or facility in which | 51191 |
| 51192 | |
| 51193 | |
| resides, except the home of a relative or legal guardian in which | 51194 |
| 51195 | |
| individual resides, a respite care home certified under section | 51196 |
| 5126.05 of the Revised Code, a county home or district home | 51197 |
| operated pursuant to Chapter 5155. of the Revised Code, or a | 51198 |
| dwelling in which the only
| 51199 |
| retardation or | 51200 |
| disability are in an independent living arrangement or are being | 51201 |
| provided supported living. | 51202 |
| | 51203 |
| 51204 | |
| 51205 | |
| 51206 |
| | 51207 |
| 51208 |
| | 51209 |
| 51210 | |
| 51211 | |
| 51212 | |
| 51213 | |
| 51214 | |
| 51215 | |
| 51216 |
| | 51217 |
| that is not an intermediate care facility for the mentally | 51218 |
| retarded. | 51219 |
| (7) "Residential facility II" means a residential facility | 51220 |
| that is an intermediate care facility for the mentally retarded. | 51221 |
| (8) "Supported living" has the same meaning as in section | 51222 |
| 5126.01 of the Revised Code. | 51223 |
| | 51224 |
| 51225 | |
| 51226 |
| (B) Every person or government agency desiring to operate a | 51227 |
| residential facility shall apply for licensure of the facility to | 51228 |
| the director of mental retardation and developmental disabilities | 51229 |
| unless the residential facility is subject to section 3721.02, | 51230 |
| 3722.04, 5103.03, or 5119.20 of the Revised Code. The person or | 51231 |
| government agency shall state in the application whether the | 51232 |
| person or government agency seeks licensure as a residential | 51233 |
| facility I or residential facility II. Notwithstanding Chapter | 51234 |
| 3721. of the Revised Code, the operator of a
nursing home | 51235 |
| 51236 | |
| 51237 | |
| 51238 | |
| licensure | 51239 |
| the home that is | 51240 |
| the mentally retarded. | 51241 |
| (C) Subject to section 5123.196 of the Revised Code, the | 51242 |
| director of mental retardation and developmental disabilities | 51243 |
| shall license the operation of residential facilities. An initial | 51244 |
| license shall be issued for a period that does not exceed one | 51245 |
| year, unless the director denies the license under division (D) of | 51246 |
| this section. A license shall be renewed for a period that does | 51247 |
| not exceed three years, unless the director refuses to renew the | 51248 |
| license under division (D) of this section. The director, when | 51249 |
| issuing or renewing a license, shall specify the period for which | 51250 |
| the license is being issued or renewed. A license remains valid | 51251 |
| for the length of the licensing period specified by the director, | 51252 |
| unless the license is terminated, revoked, or voluntarily | 51253 |
| surrendered. | 51254 |
| (D) If it is determined that an applicant or licensee is not | 51255 |
| in compliance with a provision of this chapter that applies to the | 51256 |
| type of
residential | 51257 |
| to operate or the licensee operates, or the rules adopted under | 51258 |
| such a provision, the director may deny issuance of a license, | 51259 |
| refuse to renew a license, terminate a license, revoke a license, | 51260 |
| issue an order for the suspension of admissions to a facility, | 51261 |
| issue an order for the placement of a monitor at a facility, issue | 51262 |
| an order for the immediate removal of residents, or take any other | 51263 |
| action the director considers necessary consistent with the | 51264 |
| director's authority under this chapter regarding residential | 51265 |
| facilities. In the director's selection and administration of the | 51266 |
| sanction to be imposed, all of the following apply: | 51267 |
| (1) The director may deny, refuse to renew, or revoke a | 51268 |
| license, if the director determines that the applicant or licensee | 51269 |
| has demonstrated a pattern of serious noncompliance or that a | 51270 |
| violation creates a substantial risk to the health and safety of | 51271 |
| residents of a residential facility. | 51272 |
| (2) The director may terminate a license if more than twelve | 51273 |
| consecutive months have elapsed since the residential facility was | 51274 |
| last occupied by a resident or a notice required by division (J) | 51275 |
| of this section is not given. | 51276 |
| (3) The director may issue an order for the suspension of | 51277 |
| admissions to a facility for any violation that may result in | 51278 |
| sanctions under division (D)(1) of this section and for any other | 51279 |
| violation specified in rules adopted under division (G)(2) of this | 51280 |
| section. If the suspension of admissions is imposed for a | 51281 |
| violation that may result in sanctions under division (D)(1) of | 51282 |
| this section, the director may impose the suspension before | 51283 |
| providing an opportunity for an adjudication under Chapter 119. of | 51284 |
| the Revised Code. The director shall lift an order for the | 51285 |
| suspension of admissions when the director determines that the | 51286 |
| violation that formed the basis for the order has been corrected. | 51287 |
| (4) The director may order the placement of a monitor at a | 51288 |
| residential facility for any violation specified in rules adopted | 51289 |
| under division (G)(2) of this section. The director shall lift the | 51290 |
| order when the director determines that the violation that formed | 51291 |
| the basis for the order has been corrected. | 51292 |
| (5) If the director determines that two or more residential | 51293 |
| facilities owned or operated by the same person or government | 51294 |
| entity are not being operated in compliance with a provision of | 51295 |
| this chapter that applies to the type of residential facility that | 51296 |
| the facilities are, or the rules adopted under such a provision, | 51297 |
| and the director's findings are based on the same or a | 51298 |
| substantially similar action, practice, circumstance, or incident | 51299 |
| that creates a substantial risk to the health and safety of the | 51300 |
| residents, the director shall conduct a survey as soon as | 51301 |
| practicable at each residential facility owned or operated by that | 51302 |
| person or government entity. The director may take any action | 51303 |
| authorized by this section with respect to any facility found to | 51304 |
| be operating in violation of a provision of this chapter that | 51305 |
| applies to the type of residential facility that the facilities | 51306 |
| are, or the rules adopted under such a provision. | 51307 |
| (6) When the director initiates license revocation | 51308 |
| proceedings, no opportunity for submitting a plan of correction | 51309 |
| shall be given. The director shall notify the licensee by letter | 51310 |
| of the initiation of such proceedings. The letter shall list the | 51311 |
| deficiencies of the residential facility and inform the licensee | 51312 |
| that no plan of correction will be accepted. The director shall | 51313 |
| also notify each affected resident, the resident's guardian if the | 51314 |
| resident is an adult for whom a guardian has been appointed, the | 51315 |
| resident's parent or guardian if the resident is a minor, and the | 51316 |
| county board of mental retardation and developmental disabilities. | 51317 |
| (7) Pursuant to rules which shall be adopted in accordance | 51318 |
| with Chapter 119. of the Revised Code, the director may order the | 51319 |
| immediate removal of residents from a residential facility | 51320 |
| whenever conditions at the facility present an immediate danger of | 51321 |
| physical or psychological harm to the residents. | 51322 |
| (8) In determining whether a residential facility is being | 51323 |
| operated in compliance with a provision of this chapter that | 51324 |
|
applies to the type of residential | 51325 |
| facility is, or the rules adopted under such a provision, or | 51326 |
| whether conditions at a residential facility present an immediate | 51327 |
| danger of physical or psychological harm to the residents, the | 51328 |
| director may rely on information obtained by a county board of | 51329 |
| mental retardation and developmental disabilities or other | 51330 |
| governmental agencies. | 51331 |
| (9) In proceedings initiated to deny, refuse to renew, or | 51332 |
| revoke licenses, the director may deny, refuse to renew, or revoke | 51333 |
| a license regardless of whether some or all of the deficiencies | 51334 |
| that prompted the proceedings have been corrected at the time of | 51335 |
| the hearing. | 51336 |
| (E) The director shall establish a program under which public | 51337 |
| notification may be made when the director has initiated license | 51338 |
| revocation proceedings or has issued an order for the suspension | 51339 |
| of admissions, placement of a monitor, or removal of residents. | 51340 |
| The director shall adopt rules in accordance with Chapter 119. of | 51341 |
| the Revised Code to implement this division. The rules shall | 51342 |
| establish the procedures by which the public notification will be | 51343 |
| made and specify the circumstances for which the notification must | 51344 |
| be made. The rules shall require that public notification be made | 51345 |
| if the director has taken action against the facility in the | 51346 |
| eighteen-month period immediately preceding the director's latest | 51347 |
| action against the facility and the latest action is being taken | 51348 |
| for the same or a substantially similar violation of a provision | 51349 |
| of this chapter that applies to the type of
residential | 51350 |
| facility that the facility is, or the rules adopted under such a | 51351 |
| provision. The rules shall specify a method for removing or | 51352 |
| amending the public notification if the director's action is found | 51353 |
| to have been unjustified or the violation at the residential | 51354 |
| facility has been corrected. | 51355 |
| (F)(1) Except as provided in division (F)(2) of this section, | 51356 |
| appeals from proceedings initiated to impose a sanction under | 51357 |
| division (D) of this section shall be conducted in accordance with | 51358 |
| Chapter 119. of the Revised Code. | 51359 |
| (2) Appeals from proceedings initiated to order the | 51360 |
| suspension of admissions to a facility shall be conducted in | 51361 |
| accordance with Chapter 119. of the Revised Code, unless the order | 51362 |
| was issued before providing an opportunity for an adjudication, in | 51363 |
| which case all of the following apply: | 51364 |
| (a) The licensee may request a hearing not later than ten | 51365 |
| days after receiving the notice specified in section 119.07 of the | 51366 |
| Revised Code. | 51367 |
| (b) If a timely request for a hearing is made, the hearing | 51368 |
| shall commence not later than thirty days after the department | 51369 |
| receives the request. | 51370 |
| (c) After commencing, the hearing shall continue | 51371 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 51372 |
| unless other interruptions are agreed to by the licensee and the | 51373 |
| director. | 51374 |
| (d) If the hearing is conducted by a hearing examiner, the | 51375 |
| hearing examiner shall file a report and recommendations not later | 51376 |
| than ten days after the close of the hearing. | 51377 |
| (e) Not later than five days after the hearing examiner files | 51378 |
| the report and recommendations, the licensee may file objections | 51379 |
| to the report and recommendations. | 51380 |
| (f) Not later than fifteen days after the hearing examiner | 51381 |
| files the report and recommendations, the director shall issue an | 51382 |
| order approving, modifying, or disapproving the report and | 51383 |
| recommendations. | 51384 |
| (g) Notwithstanding the pendency of the hearing, the director | 51385 |
| shall lift the order for the suspension of admissions when the | 51386 |
| director determines that the violation that formed the basis for | 51387 |
| the order has been corrected. | 51388 |
| (G) In accordance with Chapter 119. of the Revised Code, the | 51389 |
| director shall adopt and may amend and rescind rules for licensing | 51390 |
|
and regulating the operation of residential facilities | 51391 |
| 51392 | |
| 51393 | |
| 51394 | |
| shall establish and specify the following: | 51395 |
| (1) Procedures and criteria for issuing and renewing | 51396 |
| licenses, including procedures and criteria for determining the | 51397 |
| length of the licensing period that the director must specify for | 51398 |
| each license when it is issued or renewed; | 51399 |
| (2) Procedures and criteria for denying, refusing to renew, | 51400 |
| terminating, and revoking licenses and for ordering the suspension | 51401 |
| of admissions to a facility, placement of a monitor at a facility, | 51402 |
| and the immediate removal of residents from a facility; | 51403 |
| (3) Fees for issuing and renewing licenses; | 51404 |
| (4) Procedures for surveying residential facilities; | 51405 |
| (5) Requirements for the training of residential facility | 51406 |
| personnel; | 51407 |
| (6) Classifications for the various types of residential | 51408 |
| facilities beyond the residential facility I and II | 51409 |
| classifications; | 51410 |
| (7) Certification procedures for licensees and management | 51411 |
| contractors that the director determines are necessary to ensure | 51412 |
| that they have the skills and qualifications to properly operate | 51413 |
| or manage residential facilities; | 51414 |
| (8) The maximum number of persons who may be served in a | 51415 |
| particular type of residential facility; | 51416 |
| (9) Uniform procedures for admission of persons to and | 51417 |
| transfers and discharges of persons from residential facilities; | 51418 |
| (10) Other standards for the operation of residential | 51419 |
| facilities and the services provided at residential facilities, | 51420 |
| including standards applicable to residential facilities II but | 51421 |
| not to residential facilities I; | 51422 |
| (11) Procedures for waiving any provision of any rule adopted | 51423 |
| under this section. | 51424 |
| (H) Before issuing a license, the director of the department | 51425 |
| or the director's designee shall conduct a survey of the | 51426 |
| residential facility for which application is made. The director | 51427 |
| or the director's designee shall conduct a survey of each licensed | 51428 |
| residential facility at least once during the period the license | 51429 |
| is valid and may conduct additional inspections as needed. A | 51430 |
| survey includes but is not limited to an on-site examination and | 51431 |
| evaluation of the residential facility, its personnel, and the | 51432 |
| services provided there. | 51433 |
| In conducting surveys, the director or the director's | 51434 |
| designee shall be given access to the residential facility; all | 51435 |
| records, accounts, and any other documents related to the | 51436 |
| operation of the facility; the licensee; the residents of the | 51437 |
| facility; and all persons acting on behalf of, under the control | 51438 |
| of, or in connection with the licensee. The licensee and all | 51439 |
| persons on behalf of, under the control of, or in connection with | 51440 |
| the licensee shall cooperate with the director or the director's | 51441 |
| designee in conducting the survey. | 51442 |
| Following each survey, unless the director initiates a | 51443 |
| license revocation proceeding, the director or the director's | 51444 |
| designee shall provide the licensee with a report listing any | 51445 |
| deficiencies, specifying a timetable within which the licensee | 51446 |
| shall submit a plan of correction describing how the deficiencies | 51447 |
| will be corrected, and, when appropriate, specifying a timetable | 51448 |
| within which the licensee must correct the deficiencies. After a | 51449 |
| plan of correction is submitted, the director or the director's | 51450 |
| designee shall approve or disapprove the plan. A copy of the | 51451 |
| report and any approved plan of correction shall be provided to | 51452 |
| any person who requests it. | 51453 |
| The director shall initiate disciplinary action against any | 51454 |
| department employee who notifies or causes the notification to any | 51455 |
| unauthorized person of an unannounced survey of a residential | 51456 |
| facility by an authorized representative of the department. | 51457 |
| (I) In addition to any other information which may be | 51458 |
| required of applicants for a license pursuant to this section, the | 51459 |
| director shall require each applicant to provide a copy of an | 51460 |
| approved plan for a proposed residential facility pursuant to | 51461 |
| section 5123.042 of the Revised Code. This division does not apply | 51462 |
| to renewal of a license. | 51463 |
| (J) A licensee shall notify the owner of the building in | 51464 |
| which the licensee's residential facility is located of any | 51465 |
| significant change in the identity of the licensee or management | 51466 |
| contractor before the effective date of the change if the licensee | 51467 |
| is not the owner of the building. | 51468 |
| Pursuant to rules which shall be adopted in accordance with | 51469 |
| Chapter 119. of the Revised Code, the director may require | 51470 |
| notification to the department of any significant change in the | 51471 |
| ownership of a residential facility or in the identity of the | 51472 |
| licensee or management contractor. If the director determines that | 51473 |
| a significant change of ownership is proposed, the director shall | 51474 |
| consider the proposed change to be an application for development | 51475 |
| by a new operator pursuant to section 5123.042 of the Revised Code | 51476 |
| and shall advise the applicant within sixty days of such | 51477 |
| notification that the current license shall continue in effect or | 51478 |
| a new license will be required pursuant to this section. If the | 51479 |
| director requires a new license, the director shall permit the | 51480 |
| facility to continue to operate under the current license until | 51481 |
| the new license is issued, unless the current license is revoked, | 51482 |
| refused to be renewed, or terminated in accordance with Chapter | 51483 |
| 119. of the Revised Code. | 51484 |
| (K) A county board of mental retardation and developmental | 51485 |
| disabilities, the legal rights service, and any interested person | 51486 |
| may file complaints alleging violations of statute or department | 51487 |
| rule relating to residential facilities with the department. All | 51488 |
| complaints shall be in writing and shall state the facts | 51489 |
| constituting the basis of the allegation. The department shall not | 51490 |
| reveal the source of any complaint unless the complainant agrees | 51491 |
| in writing to waive the right to confidentiality or until so | 51492 |
| ordered by a court of competent jurisdiction. | 51493 |
| The department shall adopt rules in accordance with Chapter | 51494 |
| 119. of the Revised Code establishing procedures for the receipt, | 51495 |
| referral, investigation, and disposition of complaints filed with | 51496 |
| the department under this division. | 51497 |
| (L) The department shall establish procedures for the | 51498 |
| notification of interested parties of the transfer or interim care | 51499 |
| of residents from residential facilities that are closing or are | 51500 |
| losing their license. | 51501 |
| (M) Before issuing a license under this section to a | 51502 |
| residential facility that will accommodate at any time more than | 51503 |
|
one | 51504 |
| 51505 | |
| the director shall, by first class mail, notify the following: | 51506 |
| (1) If the facility will be located in a municipal | 51507 |
| corporation, the clerk of the legislative authority of the | 51508 |
| municipal corporation; | 51509 |
| (2) If the facility will be located in unincorporated | 51510 |
| territory, the clerk of the appropriate board of county | 51511 |
| commissioners and the clerk of the appropriate board of township | 51512 |
| trustees. | 51513 |
| The director shall not issue the license for ten days after | 51514 |
| mailing the notice, excluding Saturdays, Sundays, and legal | 51515 |
| holidays, in order to give the notified local officials time in | 51516 |
| which to comment on the proposed issuance. | 51517 |
| Any legislative authority of a municipal corporation, board | 51518 |
| of county commissioners, or board of township trustees that | 51519 |
| receives notice under this division of the proposed issuance of a | 51520 |
| license for a residential facility may comment on it in writing to | 51521 |
| the director within ten days after the director mailed the notice, | 51522 |
| excluding Saturdays, Sundays, and legal holidays. If the director | 51523 |
| receives written comments from any notified officials within the | 51524 |
| specified time, the director shall make written findings | 51525 |
| concerning the comments and the director's decision on the | 51526 |
| issuance of the license. If the director does not receive written | 51527 |
| comments from any notified local officials within the specified | 51528 |
| time, the director shall continue the process for issuance of the | 51529 |
| license. | 51530 |
| (N) Any person may operate a licensed residential facility | 51531 |
| that provides room and board, personal care, habilitation | 51532 |
| services, and supervision in a family setting for at least six but | 51533 |
|
not more than eight
| 51534 |
| a developmental disability as a permitted use in any residential | 51535 |
| district or zone, including any single-family residential district | 51536 |
| or zone, of any political subdivision. These residential | 51537 |
| facilities may be required to comply with area, height, yard, and | 51538 |
| architectural compatibility requirements that are uniformly | 51539 |
| imposed upon all single-family residences within the district or | 51540 |
| zone. | 51541 |
| (O) Any person may operate a licensed residential facility | 51542 |
| that provides room and board, personal care, habilitation | 51543 |
| services, and supervision in a family setting for at least nine | 51544 |
|
but not more than
sixteen | 51545 |
| retardation or a developmental disability as a permitted use in | 51546 |
| any multiple-family residential district or zone of any political | 51547 |
| subdivision, except that a political subdivision that has enacted | 51548 |
| a zoning ordinance or resolution establishing planned unit | 51549 |
| development districts may exclude these residential facilities | 51550 |
| from such districts, and a political subdivision that has enacted | 51551 |
| a zoning ordinance or resolution may regulate these residential | 51552 |
| facilities in multiple-family residential districts or zones as a | 51553 |
| conditionally permitted use or special exception, in either case, | 51554 |
| under reasonable and specific standards and conditions set out in | 51555 |
| the zoning ordinance or resolution to: | 51556 |
| (1) Require the architectural design and site layout of the | 51557 |
| residential facility and the location, nature, and height of any | 51558 |
| walls, screens, and fences to be compatible with adjoining land | 51559 |
| uses and the residential character of the neighborhood; | 51560 |
| (2) Require compliance with yard, parking, and sign | 51561 |
| regulation; | 51562 |
| (3) Limit excessive concentration of these residential | 51563 |
| facilities. | 51564 |
| (P) This section does not prohibit a political subdivision | 51565 |
| from applying to residential facilities nondiscriminatory | 51566 |
| regulations requiring compliance with health, fire, and safety | 51567 |
| regulations and building standards and regulations. | 51568 |
| (Q) Divisions (N) and (O) of this section are not applicable | 51569 |
| to municipal corporations that had in effect on June 15, 1977, an | 51570 |
| ordinance specifically permitting in residential zones licensed | 51571 |
| residential facilities by means of permitted uses, conditional | 51572 |
| uses, or special exception, so long as such ordinance remains in | 51573 |
| effect without any substantive modification. | 51574 |
| (R)(1) The director may issue an interim license to operate a | 51575 |
| residential facility to an applicant for a license under this | 51576 |
| section if either of the following is the case: | 51577 |
| (a) The director determines that an emergency exists | 51578 |
| requiring immediate placement of persons in a residential | 51579 |
| facility, that insufficient licensed beds are available, and that | 51580 |
| the residential facility is likely to receive a permanent license | 51581 |
| under this section within thirty days after issuance of the | 51582 |
| interim license. | 51583 |
| (b) The director determines that the issuance of an interim | 51584 |
| license is necessary to meet a temporary need for a residential | 51585 |
| facility. | 51586 |
| (2) To be eligible to receive an interim license, an | 51587 |
| applicant must meet the same criteria that must be met to receive | 51588 |
| a permanent license under this section, except for any differing | 51589 |
| procedures and time frames that may apply to issuance of a | 51590 |
| permanent license. | 51591 |
| (3) An interim license shall be valid for thirty days and may | 51592 |
| be renewed by the director for a period not to exceed one hundred | 51593 |
| fifty days. | 51594 |
| (4) The director shall adopt rules in accordance with Chapter | 51595 |
| 119. of the Revised Code as the director considers necessary to | 51596 |
| administer the issuance of interim licenses. | 51597 |
| (S) Notwithstanding rules adopted pursuant to this section | 51598 |
|
establishing the maximum number of | 51599 |
| served in a particular type of residential facility, a residential | 51600 |
|
facility
shall be permitted to serve the same number of | 51601 |
| individuals being served by the facility on the effective date of | 51602 |
| such rules
or the
number of | 51603 |
| facility is authorized pursuant to a current application for a | 51604 |
| certificate of need with a letter of support from the department | 51605 |
| of mental retardation and developmental disabilities and which is | 51606 |
| in the review process prior to April 4, 1986. | 51607 |
| (T) The director or the director's designee may enter at any | 51608 |
| time, for purposes of investigation, any home, facility, or other | 51609 |
| structure that has been reported to the director or that the | 51610 |
| director has reasonable cause to believe is being operated as a | 51611 |
| residential facility without a license issued under this section. | 51612 |
| The director may petition the court of common pleas of the | 51613 |
| county in which an unlicensed residential facility is located for | 51614 |
| an order enjoining the person or governmental agency operating the | 51615 |
| facility from continuing to operate without a license. The court | 51616 |
| may grant the injunction on a showing that the person or | 51617 |
| governmental agency named in the petition is operating a | 51618 |
| residential facility without a license. The court may grant the | 51619 |
| injunction, regardless of whether the residential facility meets | 51620 |
| the requirements for receiving a license under this section. | 51621 |
| Sec. 5123.196. (A) Except as provided in | 51622 |
| division (E) of this section, the director of mental retardation | 51623 |
| and developmental disabilities shall not issue a license under | 51624 |
| section 5123.19 of the Revised Code on or after July 1, | 51625 |
| if issuance will result in there being more beds in all | 51626 |
| residential facilities II licensed under that section than is | 51627 |
| permitted under division (B) of this section. | 51628 |
| (B) The maximum number of beds for the purpose of division | 51629 |
| (A) of this section shall not exceed | 51630 |
| 51631 | |
| provided in division (C) of this section, both of the following: | 51632 |
| (1) The number of such beds that cease to be residential | 51633 |
| facility II beds on or after July 1, | 51634 |
| residential facility II license is revoked, terminated, or not | 51635 |
| renewed for any reason or is surrendered in accordance with | 51636 |
| section 5123.19 of the Revised Code and after the issuance of an | 51637 |
| adjudication order pursuant to Chapter 119. of the Revised Code; | 51638 |
| (2) The number of such beds for which a licensee voluntarily | 51639 |
| converts to use for supported living on or after July 1, | 51640 |
| 2005. | 51641 |
| (C) The director is not required to reduce the maximum number | 51642 |
| of beds pursuant to division (B) of this section by a bed that | 51643 |
| ceases to be a residential facility II bed if the director | 51644 |
| determines that the bed is needed to provide services to an | 51645 |
| individual with mental retardation or a developmental disability | 51646 |
| who resided in the residential facility in which the bed was | 51647 |
| located. | 51648 |
| (D) The director shall maintain an up-to-date written record | 51649 |
| of the maximum number of residential facility II beds provided for | 51650 |
| by division (B) of this section. | 51651 |
| | 51652 |
| division (R) of section 5123.19 of the Revised Code and issue, | 51653 |
| pursuant to rules adopted under division (G)(11) of that section, | 51654 |
| a waiver allowing a residential facility II to admit more | 51655 |
| residents than the facility is licensed to admit regardless of | 51656 |
| whether the interim license or waiver will result in there being | 51657 |
| more beds in all residential facilities II licensed under that | 51658 |
| section than is permitted under division (B) of this section. | 51659 |
| Sec. 5123.1910. A residential facility II shall employ a | 51660 |
| qualified mental retardation professional who meets the | 51661 |
| requirements of 42 C.F.R. 483.430 and a medical director. A | 51662 |
| residential facility II shall employ or contract for the services | 51663 |
| of a registered nurse licensed under Chapter 4723. of the Revised | 51664 |
| Code and, if the facility provides special diets to any of its | 51665 |
| residents, a dietitian licensed under Chapter 4759. of the Revised | 51666 |
| Code. | 51667 |
| Sec. 5123.20. | 51668 |
| 51669 |
| No person or government agency shall operate a residential | 51670 |
|
facility or receive | 51671 |
| retardation or | 51672 |
| disability as a resident of a residential facility unless the | 51673 |
| facility is licensed under section 5123.19 of the Revised
Code | 51674 |
| 51675 | |
| No person or governmental agency shall operate a respite care home | 51676 |
| or receive a mentally retarded or developmentally disabled person | 51677 |
| in a respite care home unless the home is certified under section | 51678 |
| 5126.05 of the Revised Code. | 51679 |
| No person or government agency shall provide supported living | 51680 |
| unless that person or government agency is certified under section | 51681 |
| 5126.431 of the Revised Code. | 51682 |
| Sec. 5123.34. This chapter attempts to do all of the | 51683 |
| following: | 51684 |
| (A) Provide humane and scientific treatment and care and the | 51685 |
| highest attainable degree of individual development for persons | 51686 |
| with mental retardation or a developmental disability; | 51687 |
| (B) Promote the study of the causes of mental retardation and | 51688 |
| developmental disabilities, with a view to ultimate prevention; | 51689 |
| (C) Secure by uniform and systematic management the highest | 51690 |
| attainable degree of economy in the administration of the | 51691 |
| institutions under the control of the department of mental | 51692 |
| retardation and developmental disabilities. | 51693 |
| Sections 5123.02 to 5123.04, | 51694 |
| 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised | 51695 |
| Code shall be liberally construed to attain these purposes. | 51696 |
| Sec. 5123.701. (A) Except as provided in division (E) of | 51697 |
| this section, any person in the community who is eighteen years of | 51698 |
| age or older and who is or believes self to be mentally retarded | 51699 |
| may make written application to the managing officer of any | 51700 |
| institution for temporary admission for short-term care. The | 51701 |
| application may be made on behalf of a minor by a parent or | 51702 |
| guardian, and on behalf of an adult adjudicated mentally | 51703 |
| incompetent by a guardian. | 51704 |
| (B) For purposes of this section, short-term care shall be | 51705 |
| defined to mean appropriate services provided to a person with | 51706 |
| mental retardation for no more than fourteen consecutive days and | 51707 |
| for no more than forty-two days in a fiscal year. When | 51708 |
| circumstances warrant, the fourteen-day period may be extended at | 51709 |
| the discretion of the managing officer. Short-term care is | 51710 |
| provided in a developmental center to meet the family's or | 51711 |
| caretaker's needs for separation from the person with mental | 51712 |
| retardation. | 51713 |
| (C) The managing officer of an institution, with the | 51714 |
| concurrence of the chief program director, may admit a person for | 51715 |
| short-term care only after a medical examination has been made of | 51716 |
| the person and only if the managing officer concludes that the | 51717 |
| person is mentally retarded. | 51718 |
| (D) If application for admission for short-term care of a | 51719 |
| minor or of a person adjudicated mentally incompetent is made by | 51720 |
| the minor's parent or guardian or by the incompetent's guardian | 51721 |
| and the minor or incompetent is admitted, the probate division of | 51722 |
| the court of common pleas shall determine, upon petition by the | 51723 |
| legal rights service, whether the admission for short-term care is | 51724 |
| in the best interest of the minor or the incompetent. | 51725 |
| (E) A person who is found not guilty by reason of insanity | 51726 |
| shall not admit self to an institution for short-term care unless | 51727 |
| a hearing was held regarding the person pursuant to division (A) | 51728 |
| of section 2945.40 of the Revised Code and either of the following | 51729 |
| applies: | 51730 |
| (1) The person was found at the hearing not to be a mentally | 51731 |
| retarded person subject to institutionalization by court order; | 51732 |
| (2) The person was found at the hearing to be a mentally | 51733 |
| retarded person subject to institutionalization by court order, | 51734 |
| was involuntarily committed, and was finally discharged. | 51735 |
| (F) The mentally retarded person, liable relatives, and | 51736 |
| guardians of mentally retarded persons admitted for respite care | 51737 |
|
shall pay support charges in accordance with sections | 51738 |
| 5121.01 to 5121.07 of the Revised Code. | 51739 |
| (G) At the conclusion of each period of short-term care, the | 51740 |
| person shall return to the person's family or caretaker. Under no | 51741 |
| circumstances shall a person admitted for short-term care | 51742 |
| according to this section remain in the institution after the | 51743 |
| period of short-term care unless the person is admitted according | 51744 |
| to section 5123.70, sections 5123.71 to 5123.76, or section | 51745 |
| 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 51746 |
| Code. | 51747 |
| Sec. 5123.71. (A)(1) Proceedings for the involuntary | 51748 |
| institutionalization of a person pursuant to sections 5123.71 to | 51749 |
| 5123.76 of the Revised Code shall be commenced by the filing of an | 51750 |
| affidavit with the probate division of the court of common pleas | 51751 |
| of the county where the person resides or where the person is | 51752 |
| institutionalized, in the manner and form prescribed by the | 51753 |
| department of mental retardation and developmental disabilities | 51754 |
| either on information or actual knowledge, whichever is determined | 51755 |
| to be proper by the court. The affidavit may be filed only by a | 51756 |
| person who has custody of the individual as a parent, guardian, or | 51757 |
| service provider or by a person acting on behalf of the department | 51758 |
| or a county board of mental retardation and developmental | 51759 |
| disabilities. This section does not apply regarding the | 51760 |
| institutionalization of a person pursuant to section 2945.39, | 51761 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code. | 51762 |
| The affidavit shall contain an allegation setting forth the | 51763 |
|
specific category or categories under division
| 51764 |
| 5123.01 of the Revised Code upon which the commencement of | 51765 |
| proceedings is based and a statement of the factual ground for the | 51766 |
| belief that the person is a mentally retarded person subject to | 51767 |
| institutionalization by court order. Except as provided in | 51768 |
| division (A)(2) of this section, the affidavit shall be | 51769 |
| accompanied by both of the following: | 51770 |
| (a) A comprehensive evaluation report prepared by the | 51771 |
| person's evaluation team that includes a statement by the members | 51772 |
| of the team certifying that they have performed a comprehensive | 51773 |
| evaluation of the person and that they are of the opinion that the | 51774 |
| person is a mentally retarded person subject to | 51775 |
| institutionalization by court order; | 51776 |
| (b) An assessment report prepared by the county board of | 51777 |
| mental retardation and developmental disabilities under section | 51778 |
| 5123.711 of the Revised Code specifying that the individual is in | 51779 |
| need of services on an emergency or priority basis. | 51780 |
| (2) In lieu of the comprehensive evaluation report, the | 51781 |
| affidavit may be accompanied by a written and sworn statement that | 51782 |
| the person or the guardian of a person adjudicated incompetent has | 51783 |
| refused to allow a comprehensive evaluation and county board | 51784 |
| assessment and assessment reports. Immediately after accepting an | 51785 |
| affidavit that is not accompanied by the reports of a | 51786 |
| comprehensive evaluation and county board assessment, the court | 51787 |
| shall cause a comprehensive evaluation and county board assessment | 51788 |
| of the person named in the affidavit to be performed. The | 51789 |
| evaluation shall be conducted in the least restrictive environment | 51790 |
| possible and the assessment shall be conducted in the same manner | 51791 |
| as assessments conducted under section 5123.711 of the Revised | 51792 |
| Code. The evaluation and assessment must be completed before a | 51793 |
| probable cause hearing or full hearing may be held under section | 51794 |
| 5123.75 or 5123.76 of the Revised Code. | 51795 |
| A written report of the evaluation team's findings and the | 51796 |
| county board's assessment shall be filed with the court. The | 51797 |
| reports shall, consistent with the rules of evidence, be accepted | 51798 |
| as probative evidence in any proceeding under section 5123.75 or | 51799 |
| 5123.76 of the Revised Code. If the counsel for the person who is | 51800 |
| evaluated or assessed is known, the court shall send to the | 51801 |
| counsel a copy of the reports as soon as possible after they are | 51802 |
| filed and prior to any proceedings under section 5123.75 or | 51803 |
| 5123.76 of the Revised Code. | 51804 |
| (B) Any person who is involuntarily detained in an | 51805 |
| institution or otherwise is in custody under this chapter shall be | 51806 |
| informed of the right to do the following: | 51807 |
| (1) Immediately make a reasonable number of telephone calls | 51808 |
| or use other reasonable means to contact an attorney, a physician, | 51809 |
| or both, to contact any other person or persons to secure | 51810 |
| representation by counsel, or to obtain medical assistance, and be | 51811 |
| provided assistance in making calls if the assistance is needed | 51812 |
| and requested; | 51813 |
| (2) Retain counsel and have independent expert evaluation | 51814 |
| and, if the person is an indigent person, be represented by | 51815 |
| court-appointed counsel and have independent expert evaluation at | 51816 |
| court expense; | 51817 |
| (3) Upon request, have a hearing to determine whether there | 51818 |
| is probable cause to believe that the person is a mentally | 51819 |
| retarded person subject to institutionalization by court order. | 51820 |
| (C) No person who is being treated by spiritual means through | 51821 |
| prayer alone in accordance with a recognized religious method of | 51822 |
| healing may be ordered detained or involuntarily committed unless | 51823 |
| the court has determined that the person represents a very | 51824 |
| substantial risk of self-impairment, self-injury, or impairment or | 51825 |
| injury to others. | 51826 |
| Sec. 5123.76. (A) The full hearing shall be conducted in a | 51827 |
| manner consistent with the procedures outlined in this chapter and | 51828 |
| with due process of law. The hearing shall be held by a judge of | 51829 |
| the probate division or, upon transfer by the judge of the probate | 51830 |
| division, by another judge of the court of common pleas, or a | 51831 |
| referee designated by the judge of the probate division. Any | 51832 |
| referee designated by the judge of the probate division must be an | 51833 |
| attorney. | 51834 |
| (1) The following shall be made available to counsel for the | 51835 |
| respondent: | 51836 |
| (a) All relevant documents, information, and evidence in the | 51837 |
| custody or control of the state or prosecutor; | 51838 |
| (b) All relevant documents, information, and evidence in the | 51839 |
| custody or control of the institution, facility, or program in | 51840 |
| which the respondent currently is held or in which the respondent | 51841 |
| has been held pursuant to these proceedings; | 51842 |
| (c) With the consent of the respondent, all relevant | 51843 |
| documents, information, and evidence in the custody or control of | 51844 |
| any institution or person other than the state. | 51845 |
| (2) The respondent has the right to be represented by counsel | 51846 |
| of the respondent's choice and has the right to attend the hearing | 51847 |
| except if unusual circumstances of compelling medical necessity | 51848 |
| exist that render the respondent unable to attend and the | 51849 |
| respondent has not expressed a desire to attend. | 51850 |
| (3) If the respondent is not represented by counsel and the | 51851 |
| court determines that the conditions specified in division (A)(2) | 51852 |
| of this section justify the respondent's absence and the right to | 51853 |
| counsel has not been validly waived, the court shall appoint | 51854 |
| counsel forthwith to represent the respondent at the hearing, | 51855 |
| reserving the right to tax costs of appointed counsel to the | 51856 |
| respondent unless it is shown that the respondent is indigent. If | 51857 |
| the court appoints counsel, or if the court determines that the | 51858 |
| evidence relevant to the respondent's absence does not justify the | 51859 |
| absence, the court shall continue the case. | 51860 |
| (4) The respondent shall be informed of the right to retain | 51861 |
| counsel, to have independent expert evaluation, and, if an | 51862 |
| indigent person, to be represented by court appointed counsel and | 51863 |
| have expert independent evaluation at court expense. | 51864 |
| (5) The hearing may be closed to the public unless counsel | 51865 |
| for the respondent requests that the hearing be open to the | 51866 |
| public. | 51867 |
| (6) Unless objected to by the respondent, the respondent's | 51868 |
| counsel, or the designee of the director of mental retardation and | 51869 |
| developmental disabilities, the court, for good cause shown, may | 51870 |
| admit persons having a legitimate interest in the proceedings. | 51871 |
| (7) The affiant under section 5123.71 of the Revised Code | 51872 |
| shall be subject to subpoena by either party. | 51873 |
| (8) The court shall examine the sufficiency of all documents | 51874 |
| filed and shall inform the respondent, if present, and the | 51875 |
| respondent's counsel of the nature of the content of the documents | 51876 |
| and the reason for which the respondent is being held or for which | 51877 |
| the respondent's placement is being sought. | 51878 |
| (9) The court shall receive only relevant, competent, and | 51879 |
| material evidence. | 51880 |
| (10) The designee of the director shall present the evidence | 51881 |
| for the state. In proceedings under this chapter, the attorney | 51882 |
| general shall present the comprehensive evaluation, assessment, | 51883 |
| diagnosis, prognosis, record of habilitation and care, if any, and | 51884 |
| less restrictive habilitation plans, if any. The attorney general | 51885 |
| does not have a similar presentation responsibility in connection | 51886 |
| with a person who has been found not guilty by reason of insanity | 51887 |
| and who is the subject of a hearing under section 2945.40 of the | 51888 |
| Revised Code to determine whether the person is a mentally | 51889 |
| retarded person subject to institutionalization by court order. | 51890 |
| (11) The respondent has the right to testify and the | 51891 |
| respondent or the respondent's counsel has the right to subpoena | 51892 |
| witnesses and documents and to present and cross-examine | 51893 |
| witnesses. | 51894 |
| (12) The respondent shall not be compelled to testify and | 51895 |
| shall be so advised by the court. | 51896 |
| (13) On motion of the respondent or the respondent's counsel | 51897 |
| for good cause shown, or upon the court's own motion, the court | 51898 |
| may order a continuance of the hearing. | 51899 |
| (14) To an extent not inconsistent with this chapter, the | 51900 |
| Rules of Civil Procedure shall be applicable. | 51901 |
| (B) Unless, upon completion of the hearing, the court finds | 51902 |
| by clear and convincing evidence that the respondent named in the | 51903 |
| affidavit is a mentally retarded person subject to | 51904 |
| institutionalization by court order, it shall order the | 51905 |
| respondent's discharge forthwith. | 51906 |
| (C) If, upon completion of the hearing, the court finds by | 51907 |
| clear and convincing evidence that the respondent is a mentally | 51908 |
| retarded person subject to institutionalization by court order, | 51909 |
| the court may order the respondent's discharge or order the | 51910 |
| respondent, for a period not to exceed ninety days, to any of the | 51911 |
| following: | 51912 |
| (1) A public institution, provided that commitment of the | 51913 |
| respondent to the institution will not cause the institution to | 51914 |
| exceed its licensed capacity determined in accordance with section | 51915 |
| 5123.19 of the Revised Code and provided that such a placement is | 51916 |
| indicated by the comprehensive evaluation report filed pursuant to | 51917 |
| section 5123.71 of the Revised Code; | 51918 |
| (2) A private institution; | 51919 |
| (3) A county mental retardation program; | 51920 |
| (4) Receive private habilitation and care; | 51921 |
| (5) Any other suitable facility, program, or the care of any | 51922 |
| person consistent with the comprehensive evaluation, assessment, | 51923 |
| diagnosis, prognosis, and habilitation needs of the respondent. | 51924 |
| (D) Any order made pursuant to division (C)(2), (4), or (5) | 51925 |
| of this section shall be conditional upon the receipt by the court | 51926 |
| of consent by the facility, program, or person to accept the | 51927 |
| respondent. | 51928 |
| (E) In determining the place to which, or the person with | 51929 |
| whom, the respondent is to be committed, the court shall consider | 51930 |
| the comprehensive evaluation, assessment, diagnosis, and projected | 51931 |
| habilitation plan for the respondent, and shall order the | 51932 |
| implementation of the least restrictive alternative available and | 51933 |
| consistent with habilitation goals. | 51934 |
| (F) If, at any time it is determined by the director of the | 51935 |
| facility or program to which, or the person to whom, the | 51936 |
| respondent is committed that the respondent could be equally well | 51937 |
| habilitated in a less restrictive environment that is available, | 51938 |
| the following shall occur: | 51939 |
| (1) The respondent shall be released by the director of the | 51940 |
| facility or program or by the person forthwith and referred to the | 51941 |
| court together with a report of the findings and recommendations | 51942 |
| of the facility, program, or person. | 51943 |
| (2) The director of the facility or program or the person | 51944 |
| shall notify the respondent's counsel and the designee of the | 51945 |
| director of mental retardation and developmental disabilities. | 51946 |
| (3) The court shall dismiss the case or order placement in | 51947 |
| the less restrictive environment. | 51948 |
| (G)(1) Except as provided in divisions (G)(2) and (3) of this | 51949 |
| section, any person who has been committed under this section may | 51950 |
| apply at any time during the ninety-day period for voluntary | 51951 |
| admission to an institution under section 5123.69 of the Revised | 51952 |
| Code. Upon admission of a voluntary resident, the managing officer | 51953 |
| immediately shall notify the court, the respondent's counsel, and | 51954 |
| the designee of the director in writing of that fact by mail or | 51955 |
| otherwise, and, upon receipt of the notice, the court shall | 51956 |
| dismiss the case. | 51957 |
| (2) A person who is found incompetent to stand trial or not | 51958 |
| guilty by reason of insanity and who is committed pursuant to | 51959 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 51960 |
| Code shall not be voluntarily admitted to an institution pursuant | 51961 |
| to division (G)(1) of this section until after the termination of | 51962 |
| the commitment, as described in division (J) of section 2945.401 | 51963 |
| of the Revised Code. | 51964 |
| (H) If, at the end of any commitment period, the respondent | 51965 |
| has not already been discharged or has not requested voluntary | 51966 |
| admission status, the director of the facility or program, or the | 51967 |
| person to whose care the respondent has been committed, shall | 51968 |
| discharge the respondent forthwith, unless at least ten days | 51969 |
| before the expiration of that period the designee of the director | 51970 |
| of mental retardation and developmental disabilities or the | 51971 |
| prosecutor files an application with the court requesting | 51972 |
| continued commitment. | 51973 |
| (1) An application for continued commitment shall include a | 51974 |
| written report containing a current comprehensive evaluation and | 51975 |
| assessment, a diagnosis, a prognosis, an account of progress and | 51976 |
| past habilitation, and a description of alternative habilitation | 51977 |
| settings and plans, including a habilitation setting that is the | 51978 |
| least restrictive setting consistent with the need for | 51979 |
| habilitation. A copy of the application shall be provided to | 51980 |
| respondent's counsel. The requirements for notice under section | 51981 |
| 5123.73 of the Revised Code and the provisions of divisions (A) to | 51982 |
| (E) of this section apply to all hearings on such applications. | 51983 |
| (2) A hearing on the first application for continued | 51984 |
| commitment shall be held at the expiration of the first ninety-day | 51985 |
| period. The hearing shall be mandatory and may not be waived. | 51986 |
| (3) Subsequent periods of commitment not to exceed one | 51987 |
| hundred eighty days each may be ordered by the court if the | 51988 |
| designee of the director of mental retardation and developmental | 51989 |
| disabilities files an application for continued commitment, after | 51990 |
| a hearing is held on the application or without a hearing if no | 51991 |
| hearing is requested and no hearing required under division (H)(4) | 51992 |
| of this section is waived. Upon the application of a person | 51993 |
| involuntarily committed under this section, supported by an | 51994 |
| affidavit of a licensed physician alleging that the person is no | 51995 |
| longer a mentally retarded person subject to institutionalization | 51996 |
| by court order, the court for good cause shown may hold a full | 51997 |
| hearing on the person's continued commitment prior to the | 51998 |
| expiration of any subsequent period of commitment set by the | 51999 |
| court. | 52000 |
| (4) A mandatory hearing shall be held at least every two | 52001 |
| years after the initial commitment. | 52002 |
| (5) If the court, after a hearing upon a request to continue | 52003 |
| commitment, finds that the respondent is a mentally retarded | 52004 |
| person subject to institutionalization by court order, the court | 52005 |
| may make an order pursuant to divisions (C), (D), and (E) of this | 52006 |
| section. | 52007 |
| (I) Notwithstanding the provisions of division (H) of this | 52008 |
| section, no person who is found to be a mentally retarded person | 52009 |
| subject to institutionalization by court order pursuant to | 52010 |
|
division
| 52011 |
| held under involuntary commitment for more than five years. | 52012 |
| (J) The managing officer admitting a person pursuant to a | 52013 |
| judicial proceeding, within ten working days of the admission, | 52014 |
| shall make a report of the admission to the department. | 52015 |
| Sec. 5126.01. As used in this chapter: | 52016 |
| (A) As used in this division, "adult" means an individual who | 52017 |
| is eighteen years of age or over and not enrolled in a program or | 52018 |
| service under Chapter 3323. of the Revised Code and an individual | 52019 |
| sixteen or seventeen years of age who is eligible for adult | 52020 |
| services under rules adopted by the director of mental retardation | 52021 |
| and developmental disabilities pursuant to Chapter 119. of the | 52022 |
| Revised Code. | 52023 |
| (1) "Adult services" means services provided to an adult | 52024 |
| outside the home, except when they are provided within the home | 52025 |
| according to an individual's assessed needs and identified in an | 52026 |
| individual service plan, that support learning and assistance in | 52027 |
| the area of self-care, sensory and motor development, | 52028 |
| socialization, daily living skills, communication, community | 52029 |
| living, social skills, or vocational skills. | 52030 |
| (2) "Adult services" includes all of the following: | 52031 |
| (a) Adult day habilitation services; | 52032 |
| (b) Adult day care; | 52033 |
| (c) Prevocational services; | 52034 |
| (d) Sheltered employment; | 52035 |
| (e) Educational experiences and training obtained through | 52036 |
| entities and activities that are not expressly intended for | 52037 |
| individuals with mental retardation and developmental | 52038 |
| disabilities, including trade schools, vocational or technical | 52039 |
| schools, adult education, job exploration and sampling, unpaid | 52040 |
| work experience in the community, volunteer activities, and | 52041 |
| spectator sports; | 52042 |
| (f) Community employment services and supported employment | 52043 |
| services. | 52044 |
| (B)(1) "Adult day habilitation services" means adult services | 52045 |
| that do the following: | 52046 |
| (a) Provide access to and participation in typical activities | 52047 |
| and functions of community life that are desired and chosen by the | 52048 |
| general population, including such activities and functions as | 52049 |
| opportunities to experience and participate in community | 52050 |
| exploration, companionship with friends and peers, leisure | 52051 |
| activities, hobbies, maintaining family contacts, community | 52052 |
| events, and activities where individuals without disabilities are | 52053 |
| involved; | 52054 |
| (b) Provide supports or a combination of training and | 52055 |
| supports that afford an individual a wide variety of opportunities | 52056 |
| to facilitate and build relationships and social supports in the | 52057 |
| community. | 52058 |
| (2) "Adult day habilitation services" includes all of the | 52059 |
| following: | 52060 |
| (a) Personal care services needed to ensure an individual's | 52061 |
| ability to experience and participate in vocational services, | 52062 |
| educational services, community activities, and any other adult | 52063 |
| day habilitation services; | 52064 |
| (b) Skilled services provided while receiving adult day | 52065 |
| habilitation services, including such skilled services as behavior | 52066 |
| management intervention, occupational therapy, speech and language | 52067 |
| therapy, physical therapy, and nursing services; | 52068 |
| (c) Training and education in self-determination designed to | 52069 |
| help the individual do one or more of the following: develop | 52070 |
| self-advocacy skills, exercise the individual's civil rights, | 52071 |
| acquire skills that enable the individual to exercise control and | 52072 |
| responsibility over the services received, and acquire skills that | 52073 |
| enable the individual to become more independent, integrated, or | 52074 |
| productive in the community; | 52075 |
| (d) Recreational and leisure activities identified in the | 52076 |
| individual's service plan as therapeutic in nature or assistive in | 52077 |
| developing or maintaining social supports; | 52078 |
| (e) Counseling and assistance provided to obtain housing, | 52079 |
| including such counseling as identifying options for either rental | 52080 |
| or purchase, identifying financial resources, assessing needs for | 52081 |
| environmental modifications, locating housing, and planning for | 52082 |
| ongoing management and maintenance of the housing selected; | 52083 |
| (f) Transportation necessary to access adult day habilitation | 52084 |
| services; | 52085 |
| (g) Habilitation management, as described in section 5126.14 | 52086 |
| of the Revised Code. | 52087 |
| (3) "Adult day habilitation services" does not include | 52088 |
| activities that are components of the provision of residential | 52089 |
| services, family support services, or supported living services. | 52090 |
| (C) "Community employment services" or "supported employment | 52091 |
| services" means job training and other services related to | 52092 |
| employment outside a sheltered workshop. "Community employment | 52093 |
| services" or "supported employment services" include all of the | 52094 |
| following: | 52095 |
| (1) Job training resulting in the attainment of competitive | 52096 |
| work, supported work in a typical work environment, or | 52097 |
| self-employment; | 52098 |
| (2) Supervised work experience through an employer paid to | 52099 |
| provide the supervised work experience; | 52100 |
| (3) Ongoing work in a competitive work environment at a wage | 52101 |
| commensurate with workers without disabilities; | 52102 |
| (4) Ongoing supervision by an employer paid to provide the | 52103 |
| supervision. | 52104 |
| (D) As used in this division, "substantial functional | 52105 |
| limitation," "developmental delay," and "established risk" have | 52106 |
| the meanings established pursuant to section 5123.011 of the | 52107 |
| Revised Code. | 52108 |
| "Developmental disability" means a severe, chronic disability | 52109 |
| that is characterized by all of the following: | 52110 |
| (1) It is attributable to a mental or physical impairment or | 52111 |
| a combination of mental and physical impairments, other than a | 52112 |
| mental or physical impairment solely caused by mental illness as | 52113 |
| defined in division (A) of section 5122.01 of the Revised Code; | 52114 |
| (2) It is manifested before age twenty-two; | 52115 |
| (3) It is likely to continue indefinitely; | 52116 |
| (4) It results in one of the following: | 52117 |
| (a) In the case of a person under age three, at least one | 52118 |
| developmental delay or an established risk; | 52119 |
| (b) In the case of a person at least age three but under age | 52120 |
| six, at least two developmental delays or an established risk; | 52121 |
| (c) In the case of a person age six or older, a substantial | 52122 |
| functional limitation in at least three of the following areas of | 52123 |
| major life activity, as appropriate for the person's age: | 52124 |
| self-care, receptive and expressive language, learning, mobility, | 52125 |
| self-direction, capacity for independent living, and, if the | 52126 |
| person is at least age sixteen, capacity for economic | 52127 |
| self-sufficiency. | 52128 |
| (5) It causes the person to need a combination and sequence | 52129 |
| of special, interdisciplinary, or other type of care, treatment, | 52130 |
| or provision of services for an extended period of time that is | 52131 |
| individually planned and coordinated for the person. | 52132 |
| (E) "Early childhood services" means a planned program of | 52133 |
| habilitation designed to meet the needs of individuals with mental | 52134 |
| retardation or other developmental disabilities who have not | 52135 |
| attained compulsory school age. | 52136 |
| (F)(1) "Environmental modifications" means the physical | 52137 |
| adaptations to an individual's home, specified in the individual's | 52138 |
| service plan, that are necessary to ensure the individual's | 52139 |
| health, safety, and welfare or that enable the individual to | 52140 |
| function with greater independence in the home, and without which | 52141 |
| the individual would require institutionalization. | 52142 |
| (2) "Environmental modifications" includes such adaptations | 52143 |
| as installation of ramps and grab-bars, widening of doorways, | 52144 |
| modification of bathroom facilities, and installation of | 52145 |
| specialized electric and plumbing systems necessary to accommodate | 52146 |
| the individual's medical equipment and supplies. | 52147 |
| (3) "Environmental modifications" does not include physical | 52148 |
| adaptations or improvements to the home that are of general | 52149 |
| utility or not of direct medical or remedial benefit to the | 52150 |
| individual, including such adaptations or improvements as | 52151 |
| carpeting, roof repair, and central air conditioning. | 52152 |
| (G) "Family support services" means the services provided | 52153 |
| under a family support services program operated under section | 52154 |
| 5126.11 of the Revised Code. | 52155 |
| (H) "Habilitation" means the process by which the staff of | 52156 |
| the facility or agency assists an individual with mental | 52157 |
| retardation or other developmental disability in acquiring and | 52158 |
| maintaining those life skills that enable the individual to cope | 52159 |
| more effectively with the demands of the individual's own person | 52160 |
| and environment, and in raising the level of the individual's | 52161 |
| personal, physical, mental, social, and vocational efficiency. | 52162 |
| Habilitation includes, but is not limited to, programs of formal, | 52163 |
| structured education and training. | 52164 |
| (I) | 52165 |
| 52166 | |
| 52167 | |
| 52168 | |
| 52169 |
| | 52170 |
| home and community-based services specified in division (B)(1) of | 52171 |
| section 5111.87 of the Revised Code and provided under the | 52172 |
| medicaid waiver components the department of mental retardation | 52173 |
| and developmental disabilities administers pursuant to section | 52174 |
| 5111.871 of the Revised Code. | 52175 |
| | 52176 |
| of the Revised Code. | 52177 |
| | 52178 |
| management services provided to an individual with mental | 52179 |
| retardation or other developmental disability that the state | 52180 |
| medicaid plan requires. | 52181 |
| | 52182 |
| manifested during the developmental period characterized by | 52183 |
| significantly subaverage general intellectual functioning existing | 52184 |
| concurrently with deficiencies in the effectiveness or degree with | 52185 |
| which an individual meets the standards of personal independence | 52186 |
| and social responsibility expected of the individual's age and | 52187 |
| cultural group. | 52188 |
| | 52189 |
| with mental retardation or other developmental disabilities to | 52190 |
| provide housing, food, clothing, habilitation, staff support, and | 52191 |
| related support services necessary for the health, safety, and | 52192 |
| welfare of the individuals and the advancement of their quality of | 52193 |
| life. "Residential services" includes program management, as | 52194 |
| described in section 5126.14 of the Revised Code. | 52195 |
| | 52196 |
| including moneys received from the federal, state, and local | 52197 |
| governments, private grants, and donations; appropriately | 52198 |
| qualified personnel; and appropriate capital facilities and | 52199 |
| equipment. | 52200 |
| | 52201 |
| performed by a service and support administrator pursuant to | 52202 |
| section 5126.15 of the Revised Code. | 52203 |
| | 52204 |
| equipment, supplies, and supports" means equipment, supplies, and | 52205 |
| supports that enable an individual to increase the ability to | 52206 |
| perform activities of daily living or to perceive, control, or | 52207 |
| communicate within the environment. | 52208 |
| (2) "Specialized medical, adaptive, and assistive equipment, | 52209 |
| supplies, and supports" includes the following: | 52210 |
| (a) Eating utensils, adaptive feeding dishes, plate guards, | 52211 |
| mylatex straps, hand splints, reaches, feeder seats, adjustable | 52212 |
| pointer sticks, interpreter services, telecommunication devices | 52213 |
| for the deaf, computerized communications boards, other | 52214 |
| communication devices, support animals, veterinary care for | 52215 |
| support animals, adaptive beds, supine boards, prone boards, | 52216 |
| wedges, sand bags, sidelayers, bolsters, adaptive electrical | 52217 |
| switches, hand-held shower heads, air conditioners, humidifiers, | 52218 |
| emergency response systems, folding shopping carts, vehicle lifts, | 52219 |
| vehicle hand controls, other adaptations of vehicles for | 52220 |
| accessibility, and repair of the equipment received. | 52221 |
| (b) Nondisposable items not covered by medicaid that are | 52222 |
| intended to assist an individual in activities of daily living or | 52223 |
| instrumental activities of daily living. | 52224 |
| | 52225 |
| to families of individuals with mental retardation or other | 52226 |
| developmental disabilities to develop and maintain increased | 52227 |
| acceptance and understanding of such persons, increased ability of | 52228 |
| family members to teach the person, better coordination between | 52229 |
| school and home, skills in performing specific therapeutic and | 52230 |
| management techniques, and ability to cope with specific | 52231 |
| situations. | 52232 |
| | 52233 |
| long as twenty-four hours a day to an individual with mental | 52234 |
| retardation or other developmental disability through any public | 52235 |
| or private resources, including moneys from the individual, that | 52236 |
| enhance the individual's reputation in community life and advance | 52237 |
| the individual's quality of life by doing the following: | 52238 |
| (a) Providing the support necessary to enable an individual | 52239 |
| to live in a residence of the individual's choice, with any number | 52240 |
| of individuals who are not disabled, or with not more than three | 52241 |
| individuals with mental retardation and developmental disabilities | 52242 |
| unless the individuals are related by blood or marriage; | 52243 |
| (b) Encouraging the individual's participation in the | 52244 |
| community; | 52245 |
| (c) Promoting the individual's rights and autonomy; | 52246 |
| (d) Assisting the individual in acquiring, retaining, and | 52247 |
| improving the skills and competence necessary to live successfully | 52248 |
| in the individual's residence. | 52249 |
| (2) "Supported living" includes the provision of all of the | 52250 |
| following: | 52251 |
| (a) Housing, food, clothing, habilitation, staff support, | 52252 |
| professional services, and any related support services necessary | 52253 |
| to ensure the health, safety, and welfare of the individual | 52254 |
| receiving the services; | 52255 |
| (b) A combination of life-long or extended-duration | 52256 |
| supervision, training, and other services essential to daily | 52257 |
| living, including assessment and evaluation and assistance with | 52258 |
| the cost of training materials, transportation, fees, and | 52259 |
| supplies; | 52260 |
| (c) Personal care services and homemaker services; | 52261 |
| (d) Household maintenance that does not include modifications | 52262 |
| to the physical structure of the residence; | 52263 |
| (e) Respite care services; | 52264 |
| (f) Program management, as described in section 5126.14 of | 52265 |
| the Revised Code. | 52266 |
| Sec. 5126.035. (A) As used in this section: | 52267 |
| (1) "Provider" means a person or government entity that | 52268 |
| provides services to an individual with mental retardation or | 52269 |
| other developmental disability pursuant to a service contract. | 52270 |
| (2) "Service contract" means a contract between a county | 52271 |
| board of mental retardation and developmental disabilities and a | 52272 |
| provider under which the provider is to provide services to an | 52273 |
| individual with mental retardation or other developmental | 52274 |
| disability. | 52275 |
| (B) Each service contract that a county board of mental | 52276 |
| retardation and developmental disabilities enters into with a | 52277 |
|
provider
shall do | 52278 |
| (1) | 52279 |
| 52280 |
| | 52281 |
|
services | 52282 |
| 52283 | |
| requirements; | 52284 |
| | 52285 |
| individual service needs addendum. | 52286 |
| (C) The general operating agreement component shall include | 52287 |
| all of the following: | 52288 |
| (1) The roles and responsibilities of the county board | 52289 |
| regarding services for individuals with mental retardation or | 52290 |
| other developmental disability who reside in the county the county | 52291 |
| board serves; | 52292 |
| (2) The roles and responsibilities of the provider as | 52293 |
| specified in the individual service needs addendum; | 52294 |
| (3) Procedures for the county board to monitor the provider's | 52295 |
| services; | 52296 |
| (4) Procedures for the county board to evaluate the quality | 52297 |
| of care and cost effectiveness of the provider's services; | 52298 |
| (5) Procedures for payment of eligible claims; | 52299 |
| (6) If the provider is to provide home and community-based | 52300 |
|
services | 52301 |
| 52302 |
| (a) Procedures for reimbursement that conform to the | 52303 |
| statewide reimbursement process and the county board's plan | 52304 |
| submitted under section 5126.054 of the Revised Code; | 52305 |
| (b) Procedures that ensure that the county board pays the | 52306 |
| nonfederal share of the medicaid expenditures that the county | 52307 |
| board is required by division (A) of section 5126.057 of the | 52308 |
| Revised Code to pay. | 52309 |
| (7) Procedures for the county board to perform service | 52310 |
| utilization reviews and the implementation of required corrective | 52311 |
| actions; | 52312 |
| (8) Procedures for the provider to submit claims for payment | 52313 |
| for a service no later than three hundred thirty days after the | 52314 |
| date the service is provided; | 52315 |
| (9) Procedures for rejecting claims for payment that are | 52316 |
|
submitted after the time required by division | 52317 |
| section; | 52318 |
| (10) Procedures for developing, modifying, and executing | 52319 |
| initial and subsequent service plans. The procedures shall provide | 52320 |
| for the provider's participation. | 52321 |
| (11) Procedures for affording individuals due process | 52322 |
| protections; | 52323 |
| (12) General staffing, training, and certification | 52324 |
| requirements that are consistent with state requirements and | 52325 |
| compensation arrangements that are necessary to attract, train, | 52326 |
| and retain competent personnel to deliver the services pursuant to | 52327 |
| the individual service needs addendum; | 52328 |
| (13) Methods to be used to document services provided and | 52329 |
| procedures for submitting reports the county board requires; | 52330 |
| (14) Methods for authorizing and documenting within | 52331 |
| seventy-two hours changes to the individual service needs | 52332 |
| addendum. The methods shall allow for changes to be initially | 52333 |
| authorized verbally and subsequently in writing. | 52334 |
| (15) Procedures for modifying the individual service needs | 52335 |
| addendum in accordance with changes to the recipient's | 52336 |
| individualized service plan; | 52337 |
| (16) Procedures for terminating the individual service needs | 52338 |
| addendum within thirty days of a request made by the recipient; | 52339 |
| (17) A requirement that all parties to the contract accept | 52340 |
| the contract's terms and conditions; | 52341 |
| (18) A designated contact person and the method of contacting | 52342 |
| the designated person to respond to medical or behavioral problems | 52343 |
| and allegations of major unusual incidents or unusual incidents; | 52344 |
| (19) Procedures for ensuring the health and welfare of the | 52345 |
| recipient; | 52346 |
| (20) Procedures for ensuring fiscal accountability and the | 52347 |
| collection and reporting of programmatic data; | 52348 |
| (21) Procedures for implementing the mediation and | 52349 |
| arbitration process under section 5126.036 of the Revised Code; | 52350 |
| (22) Procedures for amending or terminating the contract, | 52351 |
| including as necessary to make the general operating agreement | 52352 |
| component consistent with any changes made to the individual | 52353 |
| service needs addendum; | 52354 |
| (23) Anything else allowable under federal and state law that | 52355 |
| the county board and provider agree to. | 52356 |
| (D) The individual service needs addendum shall be consistent | 52357 |
| with the general operating agreement component and include all of | 52358 |
| the following: | 52359 |
| (1) The name of the individual with mental retardation or | 52360 |
| other developmental disability who is to receive the services from | 52361 |
| the provider and any information about the recipient that the | 52362 |
| provider needs to be able to provide the services; | 52363 |
| (2) A clear and complete description of the services that the | 52364 |
| recipient is to receive as determined using statewide assessment | 52365 |
| tools; | 52366 |
| (3) A copy of the recipient's assessment and individualized | 52367 |
| service plan; | 52368 |
| (4) A clear and complete description of the provider's | 52369 |
| responsibilities to the recipient and county board in providing | 52370 |
| appropriate services in a coordinated manner with other providers | 52371 |
| and in a manner that contributes to and ensures the recipient's | 52372 |
| health, safety, and welfare. | 52373 |
| (E) | 52374 |
| 52375 | |
| 52376 | |
| does not negate the requirement that a provider of home and | 52377 |
|
community-based services | 52378 |
| 52379 | |
| with the department of job and family services. | 52380 |
| Sec. 5126.042. (A) As used in this section, "emergency" | 52381 |
| means any situation that creates for an individual with mental | 52382 |
| retardation or developmental disabilities a risk of substantial | 52383 |
| self-harm or substantial harm to others if action is not taken | 52384 |
| within thirty days. An "emergency" may include one or more of the | 52385 |
| following situations: | 52386 |
| (1) Loss of present residence for any reason, including legal | 52387 |
| action; | 52388 |
| (2) Loss of present caretaker for any reason, including | 52389 |
| serious illness of the caretaker, change in the caretaker's | 52390 |
| status, or inability of the caretaker to perform effectively for | 52391 |
| the individual; | 52392 |
| (3) Abuse, neglect, or exploitation of the individual; | 52393 |
| (4) Health and safety conditions that pose a serious risk to | 52394 |
| the individual or others of immediate harm or death; | 52395 |
| (5) Change in the emotional or physical condition of the | 52396 |
| individual that necessitates substantial accommodation that cannot | 52397 |
| be reasonably provided by the individual's existing caretaker. | 52398 |
| (B) If a county board of mental retardation and developmental | 52399 |
| disabilities determines that available resources are not | 52400 |
| sufficient to meet the needs of all individuals who request | 52401 |
| programs and services and may be offered the programs and | 52402 |
| services, it shall establish waiting lists for services. The board | 52403 |
| may establish priorities for making placements on its waiting | 52404 |
| lists according to an individual's emergency status and shall | 52405 |
| establish priorities in accordance with divisions (D) and (E) of | 52406 |
| this section. | 52407 |
| The individuals who may be placed on a waiting list include | 52408 |
| individuals with a need for services on an emergency basis and | 52409 |
| individuals who have requested services for which resources are | 52410 |
| not available. | 52411 |
| Except for an individual who is to receive priority for | 52412 |
| services pursuant to division (D)(3) of this section, an | 52413 |
| individual who currently receives a service but would like to | 52414 |
| change to another service shall not be placed on a waiting list | 52415 |
| but shall be placed on a service substitution list. The board | 52416 |
| shall work with the individual, service providers, and all | 52417 |
| appropriate entities to facilitate the change in service as | 52418 |
| expeditiously as possible. The board may establish priorities for | 52419 |
| making placements on its service substitution lists according to | 52420 |
| an individual's emergency status. | 52421 |
| In addition to maintaining waiting lists and service | 52422 |
| substitution lists, a board shall maintain a long-term service | 52423 |
| planning registry for individuals who wish to record their | 52424 |
| intention to request in the future a service they are not | 52425 |
| currently receiving. The purpose of the registry is to enable the | 52426 |
| board to document requests and to plan appropriately. The board | 52427 |
| may not place an individual on the registry who meets the | 52428 |
| conditions for receipt of services on an emergency basis. | 52429 |
| (C) A county board shall establish a separate waiting list | 52430 |
| for each of the following categories of services, and may | 52431 |
| establish separate waiting lists within the waiting lists: | 52432 |
| (1) Early childhood services; | 52433 |
| (2) Educational programs for preschool and school age | 52434 |
| children; | 52435 |
| (3) Adult services; | 52436 |
| (4) Service and support administration; | 52437 |
| (5) Residential services and supported living; | 52438 |
| (6) Transportation services; | 52439 |
| (7) Other services determined necessary and appropriate for | 52440 |
| persons with mental retardation or a developmental disability | 52441 |
| according to their individual habilitation or service plans; | 52442 |
| (8) Family support services provided under section 5126.11 of | 52443 |
| the Revised Code. | 52444 |
| (D) Except as provided in division (G) of this section, a | 52445 |
| county board shall do, as priorities, all of the following in | 52446 |
| accordance with the assessment component, approved under section | 52447 |
| 5123.046 of the Revised Code, of the county board's plan developed | 52448 |
| under section 5126.054 of the Revised Code: | 52449 |
| (1) For the purpose of obtaining additional federal medicaid | 52450 |
|
funds for home and community-based services | 52451 |
|
management services, | 52452 |
| the following: | 52453 |
| (a) Give an individual who is eligible for home and | 52454 |
| community-based services and meets both of the following | 52455 |
| requirements priority over any other individual on a waiting list | 52456 |
| established under division (C) of this section for home and | 52457 |
| community-based services that include supported living, | 52458 |
| residential services, or family support services: | 52459 |
| (i) Is twenty-two years of age or older; | 52460 |
| (ii) Receives supported living or family support services. | 52461 |
| (b) Give an individual who is eligible for home and | 52462 |
| community-based services and meets both of the following | 52463 |
| requirements priority over any other individual on a waiting list | 52464 |
| established under division (C) of this section for home and | 52465 |
| community-based services that include adult services: | 52466 |
| (i) Resides in the individual's own home or the home of the | 52467 |
| individual's family and will continue to reside in that home after | 52468 |
| enrollment in home and community-based services; | 52469 |
| (ii) Receives adult services from the county board. | 52470 |
| (2) As federal medicaid funds become available pursuant to | 52471 |
| division (D)(1) of this section, give an individual who is | 52472 |
| eligible for home and community-based services and meets any of | 52473 |
| the following requirements priority for such services over any | 52474 |
| other individual on a waiting list established under division (C) | 52475 |
| of this section: | 52476 |
| (a) Does not receive residential services or supported | 52477 |
| living, either needs services in the individual's current living | 52478 |
| arrangement or will need services in a new living arrangement, and | 52479 |
| has a primary caregiver who is sixty years of age or older; | 52480 |
| (b) Is less than twenty-two years of age and has at least one | 52481 |
| of the following service needs that are unusual in scope or | 52482 |
| intensity: | 52483 |
| (i) Severe behavior problems for which a behavior support | 52484 |
| plan is needed; | 52485 |
| (ii) An emotional disorder for which anti-psychotic | 52486 |
| medication is needed; | 52487 |
| (iii) A medical condition that leaves the individual | 52488 |
| dependent on life-support medical technology; | 52489 |
| (iv) A condition affecting multiple body systems for which a | 52490 |
| combination of specialized medical, psychological, educational, or | 52491 |
| habilitation services are needed; | 52492 |
| (v) A condition the county board determines to be comparable | 52493 |
| in severity to any condition described in division (D)(2)(b)(i) to | 52494 |
| (iv) of this section and places the individual at significant risk | 52495 |
| of institutionalization. | 52496 |
| (c) Is twenty-two years of age or older, does not receive | 52497 |
| residential services or supported living, and is determined by the | 52498 |
| county board to have intensive needs for home and community-based | 52499 |
| services on an in-home or out-of-home basis. | 52500 |
| (3) In fiscal years 2002 and 2003, give an individual who is | 52501 |
| eligible for home and community-based services, resides in an | 52502 |
| intermediate care facility for the mentally retarded or nursing | 52503 |
| facility, chooses to move to another setting with the help of home | 52504 |
| and community-based services, and has been determined by the | 52505 |
| department of mental retardation and developmental disabilities to | 52506 |
| be capable of residing in the other setting, priority over any | 52507 |
| other individual on a waiting list established under division (C) | 52508 |
| of this section for home and community-based services who does not | 52509 |
| meet these criteria. The department of mental retardation and | 52510 |
| developmental disabilities shall identify the individuals to | 52511 |
| receive priority under division (D)(3) of this section, assess the | 52512 |
| needs of the individuals, and notify the county boards that are to | 52513 |
| provide the individuals priority under division (D)(3) of this | 52514 |
| section of the individuals identified by the department and the | 52515 |
| individuals' assessed needs. | 52516 |
| (E) Except as provided in division (G) of this section and | 52517 |
| for a number of years and beginning on a date specified in rules | 52518 |
| adopted under division (K) of this section, a county board shall | 52519 |
| give an individual who is eligible for home and community-based | 52520 |
| services, resides in a nursing facility, and chooses to move to | 52521 |
| another setting with the help of home and community-based | 52522 |
| services, priority over any other individual on a waiting list | 52523 |
| established under division (C) of this section for home and | 52524 |
| community-based services who does not meet these criteria. | 52525 |
| (F) If two or more individuals on a waiting list established | 52526 |
| under division (C) of this section for home and community-based | 52527 |
| services have priority for the services pursuant to division | 52528 |
| (D)(1) or (2) or (E) of this section, a county board may use, | 52529 |
|
until
December 31, | 52530 |
| under division (K)(2) of this section in determining the order in | 52531 |
| which the individuals with priority will be offered the services. | 52532 |
| Otherwise, the county board shall offer the home and | 52533 |
| community-based services to such individuals in the order they are | 52534 |
| placed on the waiting list. | 52535 |
| (G)(1) No individual may receive priority for services | 52536 |
| pursuant to division (D) or (E) of this section over an individual | 52537 |
| placed on a waiting list established under division (C) of this | 52538 |
| section on an emergency status. | 52539 |
| (2) No more than four hundred individuals in the state may | 52540 |
|
receive priority for services during
the
| 52541 |
| biennium pursuant to division (D)(2)(b) of this section. | 52542 |
| (3) No more than a total of seventy-five individuals in the | 52543 |
| state may receive priority for services during state fiscal years | 52544 |
| 2002 and 2003 pursuant to division (D)(3) of this section. | 52545 |
| (4) No more than forty individuals in the state may receive | 52546 |
| priority for services pursuant to division (E) of this section for | 52547 |
| each year that priority category is in effect as specified in | 52548 |
| rules adopted under division (K) of this section. | 52549 |
| (H) Prior to establishing any waiting list under this | 52550 |
| section, a county board shall develop and implement a policy for | 52551 |
| waiting lists that complies with this section and rules adopted | 52552 |
| under division (K) of this section. | 52553 |
| Prior to placing an individual on a waiting list, the county | 52554 |
| board shall assess the service needs of the individual in | 52555 |
| accordance with all applicable state and federal laws. The county | 52556 |
| board shall place the individual on the appropriate waiting list | 52557 |
| and may place the individual on more than one waiting list. The | 52558 |
| county board shall notify the individual of the individual's | 52559 |
| placement and position on each waiting list on which the | 52560 |
| individual is placed. | 52561 |
| At least annually, the county board shall reassess the | 52562 |
| service needs of each individual on a waiting list. If it | 52563 |
| determines that an individual no longer needs a program or | 52564 |
| service, the county board shall remove the individual from the | 52565 |
| waiting list. If it determines that an individual needs a program | 52566 |
| or service other than the one for which the individual is on the | 52567 |
| waiting list, the county board shall provide the program or | 52568 |
| service to the individual or place the individual on a waiting | 52569 |
| list for the program or service in accordance with the board's | 52570 |
| policy for waiting lists. | 52571 |
| When a program or service for which there is a waiting list | 52572 |
| becomes available, the county board shall reassess the service | 52573 |
| needs of the individual next scheduled on the waiting list to | 52574 |
| receive that program or service. If the reassessment demonstrates | 52575 |
| that the individual continues to need the program or service, the | 52576 |
| board shall offer the program or service to the individual. If it | 52577 |
| determines that an individual no longer needs a program or | 52578 |
| service, the county board shall remove the individual from the | 52579 |
| waiting list. If it determines that an individual needs a program | 52580 |
| or service other than the one for which the individual is on the | 52581 |
| waiting list, the county board shall provide the program or | 52582 |
| service to the individual or place the individual on a waiting | 52583 |
| list for the program or service in accordance with the board's | 52584 |
| policy for waiting lists. The county board shall notify the | 52585 |
| individual of the individual's placement and position on the | 52586 |
| waiting list on which the individual is placed. | 52587 |
| (I) A child subject to a determination made pursuant to | 52588 |
| section 121.38 of the Revised Code who requires the home and | 52589 |
| community-based services provided through a medicaid component | 52590 |
| that the department of mental retardation and developmental | 52591 |
| disabilities administers under section 5111.871 of the Revised | 52592 |
| Code shall receive services through that medicaid component. For | 52593 |
| all other services, a child subject to a determination made | 52594 |
| pursuant to section 121.38 of the Revised Code shall be treated as | 52595 |
| an emergency by the county boards and shall not be subject to a | 52596 |
| waiting list. | 52597 |
| (J) Not later than the fifteenth day of March of each | 52598 |
| even-numbered year, each county board shall prepare and submit to | 52599 |
| the director of mental retardation and developmental disabilities | 52600 |
| its recommendations for the funding of services for individuals | 52601 |
| with mental retardation and developmental disabilities and its | 52602 |
| proposals for reducing the waiting lists for services. | 52603 |
| (K)(1) The department of mental retardation and developmental | 52604 |
| disabilities shall adopt rules in accordance with Chapter 119. of | 52605 |
| the Revised Code governing waiting lists established under this | 52606 |
| section. The rules shall include procedures to be followed to | 52607 |
| ensure that the due process rights of individuals placed on | 52608 |
| waiting lists are not violated. | 52609 |
| (2) As part of the rules adopted under this division, the | 52610 |
| department shall adopt rules establishing criteria a county board | 52611 |
| may use under division (F) of this section in determining the | 52612 |
| order in which individuals with priority for home and | 52613 |
| community-based services will be offered the services. The rules | 52614 |
| shall also specify conditions under which a county board, when | 52615 |
| there is no individual with priority for home and community-based | 52616 |
| services pursuant to division (D)(1) or (2) or (E) of this section | 52617 |
| available and appropriate for the services, may offer the services | 52618 |
| to an individual on a waiting list for the services but not given | 52619 |
| such priority for the services. The rules adopted under division | 52620 |
| (K)(2) of this section shall cease to have effect December 31, | 52621 |
| 52622 |
| (3) As part of the rules adopted under this division, the | 52623 |
| department shall adopt rules specifying both of the following for | 52624 |
| the priority category established under division (E) of this | 52625 |
| section: | 52626 |
| (a) The number of years, which shall not exceed five, that | 52627 |
| the priority category will be in effect; | 52628 |
| (b) The date that the priority category is to go into effect. | 52629 |
| (L) The following shall take precedence over the applicable | 52630 |
| provisions of this section: | 52631 |
| (1) Medicaid rules and regulations; | 52632 |
| (2) Any specific requirements that may be contained within a | 52633 |
| medicaid state plan amendment or waiver program that a county | 52634 |
| board has authority to administer or with respect to which it has | 52635 |
| authority to provide services, programs, or supports. | 52636 |
| Sec. 5126.054. (A) Each county board of mental retardation | 52637 |
| and developmental disabilities shall, by resolution, develop a | 52638 |
| three-calendar year plan that includes the following four | 52639 |
| components: | 52640 |
| (1) An assessment component that includes all of the | 52641 |
| following: | 52642 |
| (a) The number of individuals with mental retardation or | 52643 |
| other developmental disability residing in the county who need the | 52644 |
| level of care provided by an intermediate care facility for the | 52645 |
| mentally retarded, may seek home and community-based services, are | 52646 |
| given priority for the services pursuant to division (D) of | 52647 |
| section 5126.042 of the Revised Code; the service needs of those | 52648 |
| individuals; and the projected annualized cost for services; | 52649 |
| (b) The source of funds available to the county board to pay | 52650 |
| the nonfederal share of medicaid expenditures that the county | 52651 |
| board is required by division (A) of section 5126.057 of the | 52652 |
| Revised Code to pay; | 52653 |
| (c) Any other applicable information or conditions that the | 52654 |
| department of mental retardation and developmental disabilities | 52655 |
| requires as a condition of approving the component under section | 52656 |
| 5123.046 of the Revised Code. | 52657 |
| (2) A component that provides for the recruitment, training, | 52658 |
| and retention of existing and new direct care staff necessary to | 52659 |
| implement services included in individualized service plans, | 52660 |
| including behavior management services and health management | 52661 |
| services such as delegated nursing and other habilitation | 52662 |
| services, and protect the health and welfare of individuals | 52663 |
| receiving services included in the individual's individualized | 52664 |
| service plan by complying with safeguards for unusual and major | 52665 |
| unusual incidents, day-to-day program management, and other | 52666 |
| requirements the department shall identify. A county board shall | 52667 |
| develop this component in collaboration with providers of | 52668 |
| medicaid-funded services with which the county board contracts. A | 52669 |
| county board shall include all of the following in the component: | 52670 |
| (a) The source and amount of funds available for the | 52671 |
| component; | 52672 |
| (b) A plan and timeline for implementing the component with | 52673 |
| the medicaid providers under contract with the county board; | 52674 |
| (c) The mechanisms the county board shall use to ensure the | 52675 |
| financial and program accountability of the medicaid provider's | 52676 |
| implementation of the component. | 52677 |
| (3) A preliminary implementation component that specifies the | 52678 |
| number of individuals to be provided, during the first year that | 52679 |
| the plan is in effect, home and community-based services pursuant | 52680 |
| to the priority given to them under divisions (D)(1) and (2) of | 52681 |
| section 5126.042 of the Revised Code and the types of home and | 52682 |
| community-based services the individuals are to receive; | 52683 |
| (4) A component that provides for the implementation of | 52684 |
| 52685 | |
| and home and community-based services for individuals who begin to | 52686 |
| receive the services on or after the date the plan is approved | 52687 |
| under section 5123.046 of the Revised Code. A county board shall | 52688 |
| include all of the following in the component: | 52689 |
| (a) If the department of mental retardation and developmental | 52690 |
| disabilities or department of job and family services requires, an | 52691 |
| agreement to pay the nonfederal share of medicaid expenditures | 52692 |
| that the county board is required by division (A) of section | 52693 |
| 5126.057 of the Revised Code to pay; | 52694 |
| (b) How the services are to be phased in over the period the | 52695 |
| plan covers, including how the county board will serve individuals | 52696 |
| on a waiting list established under division (C) of section | 52697 |
| 5126.042 who are given priority status under division (D)(1) of | 52698 |
| that section; | 52699 |
| (c) Any agreement or commitment regarding the county board's | 52700 |
| funding of home and community-based services that the county board | 52701 |
| has with the department at the time the county board develops the | 52702 |
| component; | 52703 |
| (d) Assurances adequate to the department that the county | 52704 |
| board will comply with all of the following requirements: | 52705 |
| (i) To provide the types of home and community-based services | 52706 |
| specified in the preliminary implementation component required by | 52707 |
| division (A)(3) of this section to at least the number of | 52708 |
| individuals specified in that component; | 52709 |
| (ii) To use any additional funds the county board receives | 52710 |
| for the services to improve the county board's resource | 52711 |
| capabilities for supporting such services available in the county | 52712 |
| at the time the component is developed and to expand the services | 52713 |
| to accommodate the unmet need for those services in the county; | 52714 |
| (iii) To employ a business manager who is either a new | 52715 |
| employee who has earned at least a bachelor's degree in business | 52716 |
| administration or a current employee who has the equivalent | 52717 |
| experience of a bachelor's degree in business administration. If | 52718 |
| the county board will employ a new employee, the county board | 52719 |
| shall include in the component a timeline for employing the | 52720 |
| employee. | 52721 |
| (iv) To employ or contract with a medicaid services manager | 52722 |
| who is either a new employee who has earned at least a bachelor's | 52723 |
| degree or a current employee who has the equivalent experience of | 52724 |
| a bachelor's degree. If the county board will employ a new | 52725 |
| employee, the county board shall include in the component a | 52726 |
| timeline for employing the employee. Two or three county boards | 52727 |
| that have a combined total enrollment in county board services not | 52728 |
| exceeding one thousand individuals as determined pursuant to | 52729 |
| certifications made under division (B) of section 5126.12 of the | 52730 |
| Revised Code may satisfy this requirement by sharing the services | 52731 |
| of a medicaid services manager or using the services of a medicaid | 52732 |
| services manager employed by or under contract with a regional | 52733 |
| council that the county boards establish under section 5126.13 of | 52734 |
| the Revised Code. | 52735 |
| (e) An agreement to comply with the method, developed by | 52736 |
| rules adopted under section 5123.0413 of the Revised Code, of | 52737 |
| paying for extraordinary costs, including extraordinary costs for | 52738 |
| services to individuals with mental retardation or other | 52739 |
| developmental disability, and ensuring the availability of | 52740 |
| adequate funds in the event a county property tax levy for | 52741 |
| services for individuals with mental retardation or other | 52742 |
| developmental disability fails; | 52743 |
| (f) Programmatic and financial accountability measures and | 52744 |
| projected outcomes expected from the implementation of the plan; | 52745 |
| (g) Any other applicable information or conditions that the | 52746 |
| department requires as a condition of approving the component | 52747 |
| under section 5123.046 of the Revised Code. | 52748 |
| (B) For the purpose of obtaining the department's approval | 52749 |
| under section 5123.046 of the Revised Code of the plan the county | 52750 |
| board develops under division (A) of this section, a county board | 52751 |
| shall do all of the following: | 52752 |
| (1) Submit the components required by divisions (A)(1) and | 52753 |
| (2) of this section to the department not later than August 1, | 52754 |
| 2001; | 52755 |
| (2) Submit the component required by division (A)(3) of this | 52756 |
| section to the department not later than January 31, 2002; | 52757 |
| (3) Submit the component required by division (A)(4) of this | 52758 |
| section to the department not later than July 1, 2002. | 52759 |
| (C) A county board whose plan developed under division (A) of | 52760 |
| this section is approved by the department under section 5123.046 | 52761 |
| of the Revised Code shall update and renew the plan in accordance | 52762 |
| with a schedule the department shall develop. | 52763 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 of | 52764 |
| the Revised Code, a county board of mental retardation and | 52765 |
| developmental disabilities has medicaid local administrative | 52766 |
| authority to, and shall, do all of the following for an individual | 52767 |
| with mental retardation or other developmental disability who | 52768 |
| resides in the county that the county board serves and seeks or | 52769 |
| receives home and community-based services: | 52770 |
| (1) Perform assessments and evaluations of the individual. As | 52771 |
| part of the assessment and evaluation process, the county board | 52772 |
| shall do all of the following: | 52773 |
| (a) Make a recommendation to the department of mental | 52774 |
| retardation and developmental disabilities on whether the | 52775 |
| department should approve or deny the individual's application for | 52776 |
| the services, including on the basis of whether the individual | 52777 |
| needs the level of care an intermediate care facility for the | 52778 |
| mentally retarded provides; | 52779 |
| (b) If the individual's application is denied because of the | 52780 |
| county board's recommendation and the individual requests a | 52781 |
| hearing under section 5101.35 of the Revised Code, present, with | 52782 |
| the department of mental retardation and developmental | 52783 |
| disabilities or department of job and family services, whichever | 52784 |
| denies the application, the reasons for the recommendation and | 52785 |
| denial at the hearing; | 52786 |
| (c) If the individual's application is approved, recommend to | 52787 |
| the departments of mental retardation and developmental | 52788 |
| disabilities and job and family services the services that should | 52789 |
| be included in the individual's individualized service plan and, | 52790 |
| if either department approves, reduces, denies, or terminates a | 52791 |
| service included in the individual's individualized service plan | 52792 |
| under section 5111.871 of the Revised Code because of the county | 52793 |
| board's recommendation, present, with the department that made the | 52794 |
| approval, reduction, denial, or termination, the reasons for the | 52795 |
| recommendation and approval, reduction, denial, or termination at | 52796 |
| a hearing under section 5101.35 of the Revised Code. | 52797 |
| (2) If the individual has been identified by the department | 52798 |
| of mental retardation and developmental disabilities as an | 52799 |
| individual to receive priority for home and community-based | 52800 |
| services pursuant to division (D)(3) of section 5126.042 of the | 52801 |
| Revised Code, assist the department in expediting the transfer of | 52802 |
| the individual from an intermediate care facility for the mentally | 52803 |
| retarded or nursing facility to the home and community-based | 52804 |
| services; | 52805 |
| (3) In accordance with the rules adopted under section | 52806 |
| 5126.046 of the Revised Code, perform the county board's duties | 52807 |
| under that section regarding assisting the individual's right to | 52808 |
| choose a qualified and willing provider of the services and, at a | 52809 |
| hearing under section 5101.35 of the Revised Code, present | 52810 |
| evidence of the process for appropriate assistance in choosing | 52811 |
| providers; | 52812 |
| (4) Unless the county board provides the services under | 52813 |
| division (A)(5) of this section, contract with the person or | 52814 |
| government entity the individual chooses in accordance with | 52815 |
| section 5126.046 of the Revised Code to provide the services if | 52816 |
| the person or government entity is qualified and agrees to provide | 52817 |
| the services. The contract shall contain all the provisions | 52818 |
| required by section 5126.035 of the Revised Code and require the | 52819 |
| provider to agree to furnish, in accordance with the provider's | 52820 |
| medicaid provider agreement and for the authorized reimbursement | 52821 |
| rate, the services the individual requires. | 52822 |
| (5) If the county board is certified under section 5123.045 | 52823 |
| of the Revised Code to provide the services and agrees to provide | 52824 |
| the services to the individual and the individual chooses the | 52825 |
| county board to provide the services, furnish, in accordance with | 52826 |
| the county board's medicaid provider agreement and for the | 52827 |
| authorized reimbursement rate, the services the individual | 52828 |
| requires; | 52829 |
| (6) Monitor the services provided to the individual and | 52830 |
| ensure the individual's health, safety, and welfare. The | 52831 |
| monitoring shall include quality assurance activities. If the | 52832 |
| county board provides the services, the department of mental | 52833 |
| retardation and developmental disabilities shall also monitor the | 52834 |
| services. | 52835 |
| (7) Develop, with the individual and the provider of the | 52836 |
| individual's services, an effective individualized service plan | 52837 |
| that includes coordination of services, recommend that the | 52838 |
| departments of mental retardation and developmental disabilities | 52839 |
| and job and family services approve the plan, and implement the | 52840 |
| plan unless either department disapproves it; | 52841 |
| (8) Have an investigative agent conduct investigations under | 52842 |
| section 5126.313 of the Revised Code that concern the individual; | 52843 |
| (9) Have a service and support administrator perform the | 52844 |
| duties under division (B)(9) of section 5126.15 of the Revised | 52845 |
| Code that concern the individual. | 52846 |
| (B) | 52847 |
| 52848 | |
| 52849 | |
| 52850 | |
| 52851 | |
| 52852 | |
| 52853 | |
| 52854 | |
| 52855 |
| | 52856 |
| 52857 | |
| 52858 | |
| 52859 | |
| 52860 |
| | 52861 |
| 52862 | |
| 52863 | |
| 52864 | |
| 52865 | |
| 52866 | |
| 52867 | |
| 52868 | |
| 52869 | |
| 52870 | |
| 52871 | |
| 52872 | |
| 52873 | |
| 52874 |
| | 52875 |
| 52876 | |
| 52877 | |
| 52878 | |
| 52879 | |
| 52880 | |
| 52881 |
| | 52882 |
| 52883 | |
| 52884 | |
| 52885 |
| | 52886 |
| 52887 | |
| 52888 | |
| 52889 | |
| 52890 | |
| 52891 |
| | 52892 |
| 52893 | |
| 52894 | |
| 52895 | |
| 52896 | |
| 52897 | |
| 52898 | |
| 52899 | |
| 52900 | |
| 52901 |
| | 52902 |
| 52903 | |
| 52904 | |
| 52905 | |
| 52906 | |
| 52907 | |
| 52908 |
| | 52909 |
| 52910 | |
| 52911 | |
| 52912 | |
| 52913 |
| | 52914 |
| 52915 | |
| 52916 | |
| 52917 | |
| 52918 | |
| 52919 |
| | 52920 |
| 52921 |
| | 52922 |
| 52923 | |
| 52924 |
| | 52925 |
| administrative authority under this section in accordance with all | 52926 |
| of the following: | 52927 |
| (1) The county board's plan that the department of mental | 52928 |
| retardation and developmental disabilities approves under section | 52929 |
| 5123.046 of the Revised Code; | 52930 |
| (2) All applicable federal and state laws; | 52931 |
| (3) All applicable policies of the departments of mental | 52932 |
| retardation and developmental disabilities and job and family | 52933 |
| services and the United States department of health and human | 52934 |
| services; | 52935 |
| (4) The department of job and family services' supervision | 52936 |
| under its authority under section 5111.01 of the Revised Code to | 52937 |
| act as the single state medicaid agency; | 52938 |
| (5) The department of mental retardation and developmental | 52939 |
| disabilities' oversight. | 52940 |
| | 52941 |
| developmental disabilities and job and family services shall | 52942 |
| communicate with and provide training to county boards regarding | 52943 |
| medicaid local administrative authority granted by this section. | 52944 |
| The communication and training shall include issues regarding | 52945 |
| audit protocols and other standards established by the United | 52946 |
| States department of health and human services that the | 52947 |
| departments determine appropriate for communication and training. | 52948 |
| County boards shall participate in the training. The departments | 52949 |
| shall assess the county board's compliance against uniform | 52950 |
| standards that the departments shall establish. | 52951 |
| | 52952 |
| administrative authority granted under this section but may | 52953 |
| contract with a person or government entity, including a council | 52954 |
| of governments, for assistance with its medicaid local | 52955 |
| administrative authority. A county board that enters into such a | 52956 |
| contract shall notify the director of mental retardation and | 52957 |
| developmental disabilities. The notice shall include the tasks and | 52958 |
| responsibilities that the contract gives to the person or | 52959 |
| government entity. The person or government entity shall comply in | 52960 |
| full with all requirements to which the county board is subject | 52961 |
| regarding the person or government entity's tasks and | 52962 |
| responsibilities under the contract. The county board remains | 52963 |
| ultimately responsible for the tasks and responsibilities. | 52964 |
| | 52965 |
| authority under this section shall, through the departments of | 52966 |
| mental retardation and developmental disabilities and job and | 52967 |
| family services, reply to, and cooperate in arranging compliance | 52968 |
| with, a program or fiscal audit or program violation exception | 52969 |
| that a state or federal audit or review discovers. The department | 52970 |
| of job and family services shall timely notify the department of | 52971 |
| mental retardation and developmental disabilities and the county | 52972 |
| board of any adverse findings. After receiving the notice, the | 52973 |
| county board, in conjunction with the department of mental | 52974 |
| retardation and developmental disabilities, shall cooperate fully | 52975 |
| with the department of job and family services and timely prepare | 52976 |
| and send to the department a written plan of correction or | 52977 |
| response to the adverse findings. The county board is liable for | 52978 |
| any adverse findings that result from an action it takes or fails | 52979 |
| to take in its implementation of medicaid local administrative | 52980 |
| authority. | 52981 |
| | 52982 |
| developmental disabilities or department of job and family | 52983 |
| services determines that a county board's implementation of its | 52984 |
| medicaid local administrative authority under this section is | 52985 |
| deficient, the department that makes the determination shall | 52986 |
| require that county board do the following: | 52987 |
| (1) If the deficiency affects the health, safety, or welfare | 52988 |
| of an individual with mental retardation or other developmental | 52989 |
| disability, correct the deficiency within twenty-four hours; | 52990 |
| (2) If the deficiency does not affect the health, safety, or | 52991 |
| welfare of an individual with mental retardation or other | 52992 |
| developmental disability, receive technical assistance from the | 52993 |
| department or submit a plan of correction to the department that | 52994 |
| is acceptable to the department within sixty days and correct the | 52995 |
| deficiency within the time required by the plan of correction. | 52996 |
| Sec. 5126.056. (A) The department of mental retardation and | 52997 |
| developmental disabilities shall take action under division (B) of | 52998 |
| this section against a county board of mental retardation and | 52999 |
| developmental disabilities if any of the following are the case: | 53000 |
| (1) The county board fails to submit to the department all | 53001 |
| the components of its three-year plan required by section 5126.054 | 53002 |
| of the Revised Code within the time required by division (B) of | 53003 |
| that section. | 53004 |
| (2) The department disapproves the county board's three-year | 53005 |
| plan under section 5123.046 of the Revised Code. | 53006 |
| (3) The county board fails, as required by division (C) of | 53007 |
| section 5126.054 of the Revised Code, to update and renew its | 53008 |
| three-year plan in accordance with a schedule the department | 53009 |
| develops under that section. | 53010 |
| (4) The county board fails to implement its initial or | 53011 |
| renewed three-year plan approved by the department. | 53012 |
| (5) The county board fails to correct a deficiency within the | 53013 |
| time required by division | 53014 |
| Revised Code to the satisfaction of the department. | 53015 |
| (6) The county board fails to submit an acceptable plan of | 53016 |
| correction to the department within the time required by division | 53017 |
| 53018 |
| (B) If required by division (A) of this section to take | 53019 |
| action against a county board, the department shall issue an order | 53020 |
| terminating the county board's medicaid local administrative | 53021 |
| authority over all or part of home and community-based services, | 53022 |
|
medicaid case management services, | 53023 |
| 53024 | |
| both of those services. The department shall provide a copy of the | 53025 |
| order to the board of county commissioners, probate judge, county | 53026 |
| auditor, and president and superintendent of the county board. The | 53027 |
| department shall specify in the order the medicaid local | 53028 |
| administrative authority that the department is terminating, the | 53029 |
| reason for the termination, and the county board's option and | 53030 |
| responsibilities under this division. | 53031 |
| A county board whose medicaid local administrative authority | 53032 |
| is terminated may, not later than thirty days after the department | 53033 |
| issues the termination order, recommend to the department that | 53034 |
| another county board that has not had any of its medicaid local | 53035 |
| administrative authority terminated or another entity the | 53036 |
| department approves administer the services for which the county | 53037 |
| board's medicaid local administrative authority is terminated. The | 53038 |
| department may contract with the other county board or entity to | 53039 |
| administer the services. If the department enters into such a | 53040 |
| contract, the county board shall adopt a resolution giving the | 53041 |
| other county board or entity full medicaid local administrative | 53042 |
| authority over the services that the other county board or entity | 53043 |
| is to administer. The other county board or entity shall be known | 53044 |
| as the contracting authority. | 53045 |
| If the department rejects the county board's recommendation | 53046 |
| regarding a contracting authority, the county board may appeal the | 53047 |
| rejection under section 5123.043 of the Revised Code. | 53048 |
| If the county board does not submit a recommendation to the | 53049 |
| department regarding a contracting authority within the required | 53050 |
| time or the department rejects the county board's recommendation | 53051 |
| and the rejection is upheld pursuant to an appeal, if any, under | 53052 |
| section 5123.043 of the Revised Code, the department shall appoint | 53053 |
| an administrative receiver to administer the services for which | 53054 |
| the county board's medicaid local administrative authority is | 53055 |
| terminated. To the extent necessary for the department to appoint | 53056 |
| an administrative receiver, the department may utilize employees | 53057 |
| of the department, management personnel from another county board, | 53058 |
| or other individuals who are not employed by or affiliated with in | 53059 |
| any manner a person that provides home and community-based | 53060 |
|
services | 53061 |
| 53062 | |
| administrative receiver shall assume full administrative | 53063 |
| responsibility for the county board's services for which the | 53064 |
| county board's medicaid local administrative authority is | 53065 |
| terminated. | 53066 |
| The contracting authority or administrative receiver shall | 53067 |
| develop and submit to the department a plan of correction to | 53068 |
| remediate the problems that caused the department to issue the | 53069 |
| termination order. If, after reviewing the plan, the department | 53070 |
| approves it, the contracting authority or administrative receiver | 53071 |
| shall implement the plan. | 53072 |
| The county board shall transfer control of state and federal | 53073 |
| funds it is otherwise eligible to receive for the services for | 53074 |
| which the county board's medicaid local administrative authority | 53075 |
| is terminated and funds the county board may use under division | 53076 |
| (B) of section 5126.057 of the Revised Code to pay the nonfederal | 53077 |
| share of the services that the county board is required by | 53078 |
| division (A) of that section to pay. The county board shall | 53079 |
| transfer control of the funds to the contracting authority or | 53080 |
| administrative receiver administering the services. The amount the | 53081 |
| county board shall transfer shall be the amount necessary for the | 53082 |
| contracting authority or administrative receiver to fulfill its | 53083 |
| duties in administering the services, including its duties to pay | 53084 |
| its personnel for time worked, travel, and related matters. If the | 53085 |
| county board fails to make the transfer, the department may | 53086 |
| withhold the state and federal funds from the county board and | 53087 |
| bring a mandamus action against the county board in the court of | 53088 |
| common pleas of the county served by the county board or in the | 53089 |
| Franklin county court of common pleas. The mandamus action may not | 53090 |
| require that the county board transfer any funds other than the | 53091 |
| funds the county board is required by division (B) of this section | 53092 |
| to transfer. | 53093 |
| The contracting authority or administrative receiver has the | 53094 |
| right to authorize the payment of bills in the same manner that | 53095 |
| the county board may authorize payment of bills under this chapter | 53096 |
| and section 319.16 of the Revised Code. | 53097 |
| Sec. 5126.057. (A) A county board of mental retardation and | 53098 |
| developmental disabilities that has medicaid local administrative | 53099 |
| authority under division (A) of section 5126.055 of the Revised | 53100 |
| Code for home and community-based services shall pay the | 53101 |
| nonfederal share of medicaid expenditures for such services | 53102 |
| provided to an individual with mental retardation or other | 53103 |
| developmental disability who the county board determines under | 53104 |
| section 5126.041 of the Revised Code is eligible for county board | 53105 |
|
services unless division | 53106 |
| Revised Code requires the department of mental retardation and | 53107 |
| developmental disabilities to pay the nonfederal share. | 53108 |
| A county board that | 53109 |
| 53110 | |
| 53111 | |
| nonfederal share of medicaid expenditures for such services | 53112 |
| provided to an individual with mental retardation or other | 53113 |
| developmental disability who the county board determines under | 53114 |
| section 5126.041 of the Revised Code is eligible for county board | 53115 |
|
services | 53116 |
| 53117 | |
| 53118 |
| | 53119 |
| 53120 | |
| 53121 |
| (B) A county board may use the following funds to pay the | 53122 |
| nonfederal share of the services that the county board is required | 53123 |
| by division (A) of this section to pay: | 53124 |
| (1) To the extent consistent with the levy that generated the | 53125 |
| taxes, the following taxes: | 53126 |
| (a) Taxes levied pursuant to division (L) of section 5705.19 | 53127 |
| of the Revised Code and section 5705.222 of the Revised Code; | 53128 |
| (b) Taxes levied under section 5705.191 of the Revised Code | 53129 |
| that the board of county commissioners allocates to the county | 53130 |
| board to pay the nonfederal share of the services. | 53131 |
| (2) Funds that the department of mental retardation and | 53132 |
| developmental disabilities distributes to the county board under | 53133 |
| sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the | 53134 |
| Revised Code; | 53135 |
| (3) | 53136 |
| 53137 | |
| 53138 |
| | 53139 |
| for medicaid services the county board provides pursuant to the | 53140 |
| county board's valid medicaid provider agreement. | 53141 |
| (C) If by December 31, 2001, the United States secretary of | 53142 |
| health and human services approves at least five hundred more | 53143 |
| slots for home and community-based services for calendar year 2002 | 53144 |
| than were available for calendar year 2001, each county board | 53145 |
| shall provide, by the last day of calendar year 2001, assurances | 53146 |
| to the department of mental retardation and developmental | 53147 |
| disabilities that the county board will have for calendar year | 53148 |
| 2002 at least one-third of the value of one-half, effective mill | 53149 |
| levied in the county the preceding year available to pay the | 53150 |
| nonfederal share of the services that the county board is required | 53151 |
| by division (A) of this section to pay. | 53152 |
| If by December 31, 2002, the United States secretary approves | 53153 |
| at least five hundred more slots for home and community-based | 53154 |
| services for calendar year 2003 than were available for calendar | 53155 |
| year 2002, each county board shall provide, by the last day of | 53156 |
| calendar year 2002, assurances to the department that the county | 53157 |
| board will have for calendar year 2003 at least two-thirds of the | 53158 |
| value of one-half, effective mill levied in the county the | 53159 |
| preceding year available to pay the nonfederal share of the | 53160 |
| services that the county board is required by division (A) of this | 53161 |
| section to pay. | 53162 |
| If by December 31, 2003, the United States secretary approves | 53163 |
| at least five hundred more slots for home and community-based | 53164 |
| services for calendar year 2004 than were available for calendar | 53165 |
| year 2003, each county board shall provide, by the last day of | 53166 |
| calendar year 2003 and each calendar year thereafter, assurances | 53167 |
| to the department that the county board will have for calendar | 53168 |
| year 2004 and each calendar year thereafter at least the value of | 53169 |
| one-half, effective mill levied in the county the preceding year | 53170 |
| available to pay the nonfederal share of the services that the | 53171 |
| county board is required by division (A) of this section to pay. | 53172 |
| (D) Each year, each county board shall adopt a resolution | 53173 |
| specifying the amount of funds it will use in the next year to pay | 53174 |
| the nonfederal share of the services that the county board is | 53175 |
| required by division (A) of this section to pay. The amount | 53176 |
| specified shall be adequate to assure that the services will be | 53177 |
| available in the county in a manner that conforms to all | 53178 |
| applicable state and federal laws. A county board shall state in | 53179 |
| its resolution that the payment of the nonfederal share represents | 53180 |
| an ongoing financial commitment of the county board. A county | 53181 |
| board shall adopt the resolution in time for the county auditor to | 53182 |
| make the determination required by division (E) of this section. | 53183 |
| (E) Each year, a county auditor shall determine whether the | 53184 |
| amount of funds a county board specifies in the resolution it | 53185 |
| adopts under division (D) of this section will be available in the | 53186 |
| following year for the county board to pay the nonfederal share of | 53187 |
| the services that the county board is required by division (A) of | 53188 |
| this section to pay. The county auditor shall make the | 53189 |
| determination not later than the last day of the year before the | 53190 |
| year in which the funds are to be used. | 53191 |
| Sec. 5126.12. (A) As used in this section: | 53192 |
| (1) "Approved school age class" means a class operated by a | 53193 |
| county board of mental retardation and developmental disabilities | 53194 |
| and funded by the department of education under section 3317.20 of | 53195 |
| the Revised Code. | 53196 |
| (2) "Approved preschool unit" means a class or unit operated | 53197 |
| by a county board of mental retardation and developmental | 53198 |
| disabilities and approved under division (B) of section 3317.05 of | 53199 |
| the Revised Code. | 53200 |
| (3) "Active treatment" means a continuous treatment program, | 53201 |
| which includes aggressive, consistent implementation of a program | 53202 |
| of specialized and generic training, treatment, health services, | 53203 |
| and related services, that is directed toward the acquisition of | 53204 |
| behaviors necessary for an individual with mental retardation or | 53205 |
| other developmental disability to function with as much | 53206 |
| self-determination and independence as possible and toward the | 53207 |
| prevention of deceleration, regression, or loss of current optimal | 53208 |
| functional status. | 53209 |
| (4) "Eligible for active treatment" means that an individual | 53210 |
| with mental retardation or other developmental disability resides | 53211 |
| in an intermediate care facility for the mentally retarded | 53212 |
| certified under Title XIX of the "Social Security Act," 79 Stat. | 53213 |
| 286 (1965), 42 U.S.C. 1396, as amended; resides in a state | 53214 |
| institution operated by the department of mental retardation and | 53215 |
| developmental disabilities; or is enrolled in home and | 53216 |
| community-based services. | 53217 |
| (5)
| 53218 |
| 53219 | |
| 53220 | |
| 53221 |
| | 53222 |
| nonvocational activities conducted within a sheltered workshop or | 53223 |
| adult activity center or supportive home services. | 53224 |
| (B) Each county board of mental retardation and developmental | 53225 |
| disabilities shall certify to the director of mental retardation | 53226 |
| and developmental disabilities all of the following: | 53227 |
| (1) On or before the fifteenth day of October, the average | 53228 |
| daily membership for the first full week of programs and services | 53229 |
| during October receiving: | 53230 |
| (a) Early childhood services provided pursuant to section | 53231 |
| 5126.05 of the Revised Code for children who are less than three | 53232 |
| years of age on the thirtieth day of September of the academic | 53233 |
| year; | 53234 |
| (b) Special education for handicapped children in approved | 53235 |
| school age classes; | 53236 |
| (c) Adult services for persons sixteen years of age and older | 53237 |
| operated pursuant to section 5126.05 and division (B) of section | 53238 |
| 5126.051 of the Revised Code. Separate counts shall be made for | 53239 |
| the following: | 53240 |
| (i) Persons enrolled in traditional adult services who are | 53241 |
|
eligible for but not enrolled in active treatment | 53242 |
| 53243 |
| (ii) Persons enrolled in traditional adult services who are | 53244 |
|
eligible for and enrolled in active treatment | 53245 |
| 53246 |
| (iii) Persons enrolled in traditional adult services but who | 53247 |
|
are not eligible for active treatment | 53248 |
| 53249 |
| (iv) Persons participating in community employment services. | 53250 |
| To be counted as participating in community employment services, a | 53251 |
| person must have spent an average of no less than ten hours per | 53252 |
| week in that employment during the preceding six months. | 53253 |
| (d) Other programs in the county for individuals with mental | 53254 |
| retardation and developmental disabilities that have been approved | 53255 |
| for payment of subsidy by the department of mental retardation and | 53256 |
| developmental disabilities. | 53257 |
| The membership in each such program and service in the county | 53258 |
| shall be reported on forms prescribed by the department of mental | 53259 |
| retardation and developmental disabilities. | 53260 |
| The department of mental retardation and developmental | 53261 |
| disabilities shall adopt rules defining full-time equivalent | 53262 |
| enrollees and for determining the average daily membership | 53263 |
| therefrom, except that certification of average daily membership | 53264 |
| in approved school age classes shall be in accordance with rules | 53265 |
| adopted by the state board of education. The average daily | 53266 |
| membership figure shall be determined by dividing the amount | 53267 |
| representing the sum of the number of enrollees in each program or | 53268 |
| service in the week for which the certification is made by the | 53269 |
| number of days the program or service was offered in that week. No | 53270 |
| enrollee may be counted in average daily membership for more than | 53271 |
| one program or service. | 53272 |
| (2) By the fifteenth day of December, the number of children | 53273 |
| enrolled in approved preschool units on the first day of December; | 53274 |
| (3) On or before the thirtieth day of March, an itemized | 53275 |
| report of all income and operating expenditures for the | 53276 |
| immediately preceding calendar year, in the format specified by | 53277 |
| the department of mental retardation and developmental | 53278 |
| disabilities; | 53279 |
| (4) By the fifteenth day of February, a report of the total | 53280 |
| annual cost per enrollee for operation of programs and services in | 53281 |
| the preceding calendar year. The report shall include a grand | 53282 |
| total of all programs operated, the cost of the individual | 53283 |
| programs, and the sources of funds applied to each program. | 53284 |
| (5) That each required certification and report is in | 53285 |
| accordance with rules established by the department of mental | 53286 |
| retardation and developmental disabilities and the state board of | 53287 |
| education for the operation and subsidization of the programs and | 53288 |
| services. | 53289 |
| (C) To compute payments under this section to the board for | 53290 |
| the fiscal year, the department of mental retardation and | 53291 |
| developmental disabilities shall use the certification of average | 53292 |
| daily membership required by division (B)(1) of this section | 53293 |
| exclusive of the average daily membership in any approved school | 53294 |
| age class and the number in any approved preschool unit. | 53295 |
| (D) The department shall pay each county board for each | 53296 |
| fiscal year an amount equal to nine hundred fifty dollars times | 53297 |
| the certified number of persons who on the first day of December | 53298 |
| of the academic year are under three years of age and are not in | 53299 |
| an approved preschool unit. For persons who are at least age | 53300 |
| sixteen and are not in an approved school age class, the | 53301 |
| department shall pay each county board for each fiscal year the | 53302 |
| following amounts: | 53303 |
| (1) One thousand dollars times the certified average daily | 53304 |
| membership of persons enrolled in traditional adult services who | 53305 |
|
are eligible for but not enrolled in active treatment | 53306 |
| 53307 |
| (2) One thousand two hundred dollars times the certified | 53308 |
| average daily membership of persons enrolled in traditional adult | 53309 |
| services who are eligible for and enrolled in active treatment | 53310 |
| 53311 |
| (3) No less than one thousand five hundred dollars times the | 53312 |
| certified average daily membership of persons enrolled in | 53313 |
| traditional adult services but who are not eligible for active | 53314 |
|
treatment | 53315 |
| (4) No less than one thousand five hundred dollars times the | 53316 |
| certified average daily membership of persons participating in | 53317 |
| community employment services. | 53318 |
| (E) The department shall distribute this subsidy to county | 53319 |
| boards in quarterly installments of equal amounts. The | 53320 |
| installments shall be made not later than the thirtieth day of | 53321 |
| September, the thirty-first day of December, the thirty-first day | 53322 |
| of March, and the thirtieth day of June. | 53323 |
| (F) The director of mental retardation and developmental | 53324 |
| disabilities shall make efforts to obtain increases in the | 53325 |
| subsidies for early childhood services and adult services so that | 53326 |
| the amount of the subsidies is equal to at least fifty per cent of | 53327 |
| the statewide average cost of those services minus any applicable | 53328 |
| federal reimbursements for those services. The director shall | 53329 |
| advise the director of budget and management of the need for any | 53330 |
| such increases when submitting the biennial appropriations request | 53331 |
| for the department. | 53332 |
| (G) In determining the reimbursement of a county board for | 53333 |
| the provision of service and support administration, family | 53334 |
| support services, and other services required or approved by the | 53335 |
| director for which children three through twenty-one years of age | 53336 |
| are eligible, the department shall include the average daily | 53337 |
| membership in approved school age or preschool units. The | 53338 |
| department, in accordance with this section and upon receipt and | 53339 |
| approval of the certification required by this section and any | 53340 |
| other information it requires to enable it to determine a board's | 53341 |
| payments, shall pay the agency providing the specialized training | 53342 |
| the amounts payable under this section. | 53343 |
| Sec. 5139.01. (A) As used in this chapter: | 53344 |
| (1) "Commitment" means the transfer of the physical custody | 53345 |
| of a child or youth from the court to the department of youth | 53346 |
| services. | 53347 |
| (2) "Permanent commitment" means a commitment that vests | 53348 |
| legal custody of a child in the department of youth services. | 53349 |
| (3) "Legal custody," insofar as it pertains to the status | 53350 |
| that is created when a child is permanently committed to the | 53351 |
| department of youth services, means a legal status in which the | 53352 |
| department has the following rights and responsibilities: the | 53353 |
| right to have physical possession of the child; the right and duty | 53354 |
| to train, protect, and control the child; the responsibility to | 53355 |
| provide the child with food, clothing, shelter, education, and | 53356 |
| medical care; and the right to determine where and with whom the | 53357 |
| child shall live, subject to the minimum periods of, or periods | 53358 |
| of, institutional care prescribed in sections 2152.13 to 2152.18 | 53359 |
| of the Revised Code; provided, that these rights and | 53360 |
| responsibilities are exercised subject to the powers, rights, | 53361 |
| duties, and responsibilities of the guardian of the person of the | 53362 |
| child, and subject to any residual parental rights and | 53363 |
| responsibilities. | 53364 |
| (4) Unless the context requires a different meaning, | 53365 |
| "institution" means a state facility that is created by the | 53366 |
| general assembly and that is under the management and control of | 53367 |
| the department of youth services or a private entity with which | 53368 |
| the department has contracted for the institutional care and | 53369 |
| custody of felony delinquents. | 53370 |
| (5) "Full-time care" means care for twenty-four hours a day | 53371 |
| for over a period of at least two consecutive weeks. | 53372 |
| (6) "Placement" means the conditional release of a child | 53373 |
| under the terms and conditions that are specified by the | 53374 |
| department of youth services. The department shall retain legal | 53375 |
| custody of a child released pursuant to division (C) of section | 53376 |
| 2152.22 of the Revised Code or division (C) of section 5139.06 of | 53377 |
| the Revised Code until the time that it discharges the child or | 53378 |
| until the legal custody is terminated as otherwise provided by | 53379 |
| law. | 53380 |
| (7) "Home placement" means the placement of a child in the | 53381 |
| home of the child's parent or parents or in the home of the | 53382 |
| guardian of the child's person. | 53383 |
| (8) "Discharge" means that the department of youth services' | 53384 |
| legal custody of a child is terminated. | 53385 |
| (9) "Release" means the termination of a child's stay in an | 53386 |
| institution and the subsequent period during which the child | 53387 |
| returns to the community under the terms and conditions of | 53388 |
| supervised release. | 53389 |
| (10) "Delinquent child" has the same meaning as in section | 53390 |
| 2152.02 of the Revised Code. | 53391 |
| (11) "Felony delinquent" means any child who is at least ten | 53392 |
| years of age but less than eighteen years of age and who is | 53393 |
| adjudicated a delinquent child for having committed an act that if | 53394 |
| committed by an adult would be a felony. "Felony delinquent" | 53395 |
| includes any adult who is between the ages of eighteen and | 53396 |
| twenty-one and who is in the legal custody of the department of | 53397 |
| youth services for having committed an act that if committed by an | 53398 |
| adult would be a felony. | 53399 |
| (12) "Juvenile traffic offender" has the same meaning as in | 53400 |
| section 2152.02 of the Revised Code. | 53401 |
| (13) "Public safety beds" means all of the following: | 53402 |
| (a) Felony delinquents who have been committed to the | 53403 |
| department of youth services for the commission of an act, other | 53404 |
| than a violation of section 2911.01 or 2911.11 of the Revised | 53405 |
| Code, that is a category one offense or a category two offense and | 53406 |
| who are in the care and custody of an institution or have been | 53407 |
| diverted from care and custody in an institution and placed in a | 53408 |
| community corrections facility; | 53409 |
| (b) Felony delinquents who, while committed to the department | 53410 |
| of youth services and in the care and custody of an institution or | 53411 |
| a community corrections facility, are adjudicated delinquent | 53412 |
| children for having committed in that institution or community | 53413 |
| corrections facility an act that if committed by an adult would be | 53414 |
| a misdemeanor or a felony; | 53415 |
| (c) Children who satisfy all of the following: | 53416 |
| (i) They are at least ten years of age but less than eighteen | 53417 |
| years of age. | 53418 |
| (ii) They are adjudicated delinquent children for having | 53419 |
| committed acts that if committed by an adult would be a felony. | 53420 |
| (iii) They are committed to the department of youth services | 53421 |
| by the juvenile court of a county that has had one-tenth of one | 53422 |
| per cent or less of the statewide adjudications for felony | 53423 |
| delinquents as averaged for the past four fiscal years. | 53424 |
| (iv) They are in the care and custody of an institution or a | 53425 |
| community corrections facility. | 53426 |
| (d) Felony delinquents who, while committed to the department | 53427 |
| of youth services and in the care and custody of an institution | 53428 |
| are serving disciplinary time for having committed an act | 53429 |
| described in division (A) | 53430 |
| and who have been institutionalized or institutionalized in a | 53431 |
| secure facility for the minimum period of time specified in | 53432 |
| divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code. | 53433 |
| (e) Felony delinquents who are subject to and serving a | 53434 |
| three-year period of commitment order imposed by a juvenile court | 53435 |
| pursuant to divisions (A) and (B) of section 2152.17 of the | 53436 |
| Revised Code for an act, other than a violation of section 2911.11 | 53437 |
| of the Revised Code, that would be a category one offense or | 53438 |
| category two offense if committed by an adult. | 53439 |
| (f) Felony delinquents who are described in divisions | 53440 |
| (A)(13)(a) to (e) of this section, who have been granted a | 53441 |
| judicial release to court supervision under division (B) of | 53442 |
| section 2152.22 of the Revised Code or a judicial release to the | 53443 |
| department of youth services supervision under division (C) of | 53444 |
| that section from the commitment to the department of youth | 53445 |
| services for the act described in divisions (A)(13)(a) to (e) of | 53446 |
| this section, who have violated the terms and conditions of that | 53447 |
| release, and who, pursuant to an order of the court of the county | 53448 |
| in which the particular felony delinquent was placed on release | 53449 |
| that is issued pursuant to division (D) of section 2152.22 of the | 53450 |
| Revised Code, have been returned to the department for | 53451 |
| institutionalization or institutionalization in a secure facility. | 53452 |
| (g) Felony delinquents who have been committed to the custody | 53453 |
| of the department of youth services, who have been granted | 53454 |
| supervised release from the commitment pursuant to section 5139.51 | 53455 |
| of the Revised Code, who have violated the terms and conditions of | 53456 |
| that supervised release, and who, pursuant to an order of the | 53457 |
| court of the county in which the particular child was placed on | 53458 |
| supervised release issued pursuant to division (F) of section | 53459 |
| 5139.52 of the Revised Code, have had the supervised release | 53460 |
| revoked and have been returned to the department for | 53461 |
| institutionalization. A felony delinquent described in this | 53462 |
| division shall be a public safety bed only for the time during | 53463 |
| which the felony delinquent is institutionalized as a result of | 53464 |
| the revocation subsequent to the initial thirty-day period of | 53465 |
| institutionalization required by division (F) of section 5139.52 | 53466 |
| of the Revised Code. | 53467 |
| (14) Unless the context requires a different meaning, | 53468 |
| "community corrections facility" means a county or multicounty | 53469 |
| rehabilitation center for felony delinquents who have been | 53470 |
| committed to the department of youth services and diverted from | 53471 |
| care and custody in an institution and placed in the | 53472 |
| rehabilitation center pursuant to division (E) of section 5139.36 | 53473 |
| of the Revised Code. | 53474 |
| (15) "Secure facility" means any facility that is designed | 53475 |
| and operated to ensure that all of its entrances and exits are | 53476 |
| under the exclusive control of its staff and to ensure that, | 53477 |
| because of that exclusive control, no child who has been | 53478 |
| institutionalized in the facility may leave the facility without | 53479 |
| permission or supervision. | 53480 |
| (16) "Community residential program" means a program that | 53481 |
| satisfies both of the following: | 53482 |
| (a) It is housed in a building or other structure that has no | 53483 |
| associated major restraining construction, including, but not | 53484 |
| limited to, a security fence. | 53485 |
| (b) It provides twenty-four-hour care, supervision, and | 53486 |
| programs for felony delinquents who are in residence. | 53487 |
| (17) "Category one offense" and "category two offense" have | 53488 |
| the same meanings as in section 2151.26 of the Revised Code. | 53489 |
| (18) "Disciplinary time" means additional time that the | 53490 |
| department of youth services requires a felony delinquent to serve | 53491 |
| in an institution, that delays the felony delinquent's planned | 53492 |
| release, and that the department imposes upon the felony | 53493 |
| delinquent following the conduct of an internal due process | 53494 |
| hearing for having committed any of the following acts while | 53495 |
| committed to the department and in the care and custody of an | 53496 |
| institution: | 53497 |
| (a) An act that if committed by an adult would be a felony; | 53498 |
| (b) An act that if committed by an adult would be a | 53499 |
| misdemeanor; | 53500 |
| (c) An act that is not described in division (A)(18)(a) or | 53501 |
| (b) of this section and that violates an institutional rule of | 53502 |
| conduct of the department. | 53503 |
| (19) "Unruly child" has the same meaning as in section | 53504 |
| 2151.022 of the Revised Code. | 53505 |
| (20) "Revocation" means the act of revoking a child's | 53506 |
| supervised release for a violation of a term or condition of the | 53507 |
| child's supervised release in accordance with section 5139.52 of | 53508 |
| the Revised Code. | 53509 |
| (21) "Release authority" means the release authority of the | 53510 |
| department of youth services that is established by section | 53511 |
| 5139.50 of the Revised Code. | 53512 |
| (22) "Supervised release" means the event of the release of a | 53513 |
| child under this chapter from an institution and the period after | 53514 |
| that release during which the child is supervised and assisted by | 53515 |
| an employee of the department of youth services under specific | 53516 |
| terms and conditions for reintegration of the child into the | 53517 |
| community. | 53518 |
| (23) "Victim" means the person identified in a police report, | 53519 |
| complaint, or information as the victim of an act that would have | 53520 |
| been a criminal offense if committed by an adult and that provided | 53521 |
| the basis for adjudication proceedings resulting in a child's | 53522 |
| commitment to the legal custody of the department of youth | 53523 |
| services. | 53524 |
| (24) "Victim's representative" means a member of the victim's | 53525 |
| family or another person whom the victim or another authorized | 53526 |
| person designates in writing, pursuant to section 5139.56 of the | 53527 |
| Revised Code, to represent the victim with respect to proceedings | 53528 |
| of the release authority of the department of youth services and | 53529 |
| with respect to other matters specified in that section. | 53530 |
| (25) "Member of the victim's family" means a spouse, child, | 53531 |
| stepchild, sibling, parent, stepparent, grandparent, other | 53532 |
| relative, or legal guardian of a child but does not include a | 53533 |
| person charged with, convicted of, or adjudicated a delinquent | 53534 |
| child for committing a criminal or delinquent act against the | 53535 |
| victim or another criminal or delinquent act arising out of the | 53536 |
| same conduct, criminal or delinquent episode, or plan as the | 53537 |
| criminal or delinquent act committed against the victim. | 53538 |
| (26) "Judicial release to court supervision" means a release | 53539 |
| of a child from institutional care or institutional care in a | 53540 |
| secure facility that is granted by a court pursuant to division | 53541 |
| (B) of section 2152.22 of the Revised Code during the period | 53542 |
| specified in that division. | 53543 |
| (27) "Judicial release to department of youth services | 53544 |
| supervision" means a release of a child from institutional care or | 53545 |
| institutional care in a secure facility that is granted by a court | 53546 |
| pursuant to division (C) of section 2152.22 of the Revised Code | 53547 |
| during the period specified in that division. | 53548 |
| (28) "Juvenile justice system" includes all of the functions | 53549 |
| of the juvenile courts, the department of youth services, any | 53550 |
| public or private agency whose purposes include the prevention of | 53551 |
| delinquency or the diversion, adjudication, detention, or | 53552 |
| rehabilitation of delinquent children, and any of the functions of | 53553 |
| the criminal justice system that are applicable to children. | 53554 |
| (29) "Metropolitan county criminal justice services agency" | 53555 |
| means an agency that is established pursuant to division (A) of | 53556 |
|
section | 53557 |
| (30) "Administrative planning district" means a district that | 53558 |
|
is established pursuant to division (A) or (B) of section | 53559 |
| 5502.66 of the Revised Code. | 53560 |
| (31) "Criminal justice coordinating council" means a criminal | 53561 |
| justice services agency that is established pursuant to division | 53562 |
|
(D) of section | 53563 |
| (32) "Comprehensive plan" means a document that coordinates, | 53564 |
| evaluates, and otherwise assists, on an annual or multi-year | 53565 |
| basis, all of the functions of the juvenile justice systems of the | 53566 |
| state or a specified area of the state, that conforms to the | 53567 |
| priorities of the state with respect to juvenile justice systems, | 53568 |
| and that conforms with the requirements of all federal criminal | 53569 |
| justice acts. These functions include, but are not limited to, all | 53570 |
| of the following: | 53571 |
| (a) Delinquency; | 53572 |
| (b) Identification, detection, apprehension, and detention of | 53573 |
| persons charged with delinquent acts; | 53574 |
| (c) Assistance to crime victims or witnesses, except that the | 53575 |
| comprehensive plan does not include the functions of the attorney | 53576 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 53577 |
| Code; | 53578 |
| (d) Adjudication or diversion of persons charged with | 53579 |
| delinquent acts; | 53580 |
| (e) Custodial treatment of delinquent children; | 53581 |
| (f) Institutional and noninstitutional rehabilitation of | 53582 |
| delinquent children. | 53583 |
| (B) There is hereby created the department of youth services. | 53584 |
| The governor shall appoint the director of the department with the | 53585 |
| advice and consent of the senate. The director shall hold office | 53586 |
| during the term of the appointing governor but subject to removal | 53587 |
| at the pleasure of the governor. Except as otherwise authorized in | 53588 |
| section 108.05 of the Revised Code, the director shall devote the | 53589 |
| director's entire time to the duties of the director's office and | 53590 |
| shall hold no other office or position of trust or profit during | 53591 |
| the director's term of office. | 53592 |
| The director is the chief executive and administrative | 53593 |
| officer of the department and has all the powers of a department | 53594 |
| head set forth in Chapter 121. of the Revised Code. The director | 53595 |
| may adopt rules for the government of the department, the conduct | 53596 |
| of its officers and employees, the performance of its business, | 53597 |
| and the custody, use, and preservation of the department's | 53598 |
| records, papers, books, documents, and property. The director | 53599 |
| shall be an appointing authority within the meaning of Chapter | 53600 |
| 124. of the Revised Code. Whenever this or any other chapter or | 53601 |
| section of the Revised Code imposes a duty on or requires an | 53602 |
| action of the department, the duty or action shall be performed by | 53603 |
| the director or, upon the director's order, in the name of the | 53604 |
| department. | 53605 |
| Sec. 5139.36. (A) In accordance with this section and the | 53606 |
| rules adopted under it and from funds appropriated to the | 53607 |
| department of youth services for the purposes of this section, the | 53608 |
| department shall make grants that provide financial resources to | 53609 |
| operate community corrections facilities for felony delinquents. | 53610 |
| (B)(1) Each community corrections facility that intends to | 53611 |
| seek a grant under this section shall file an application with the | 53612 |
| department of youth services at the time and in accordance with | 53613 |
| the procedures that the department shall establish by rules | 53614 |
| adopted in accordance with Chapter 119. of the Revised Code. In | 53615 |
| addition to other items required to be included in the | 53616 |
| application, a plan that satisfies both of the following shall be | 53617 |
| included: | 53618 |
| (a) It reduces the number of felony delinquents committed to | 53619 |
| the department from the county or counties associated with the | 53620 |
| community corrections facility. | 53621 |
| (b) It ensures equal access for minority felony delinquents | 53622 |
| to the programs and services for which a potential grant would be | 53623 |
| used. | 53624 |
| (2) The department of youth services shall review each | 53625 |
| application submitted pursuant to division (B)(1) of this section | 53626 |
| to determine whether the plan described in that division, the | 53627 |
| community corrections facility, and the application comply with | 53628 |
| this section and the rules adopted under it. | 53629 |
| (C) To be eligible for a grant under this section and for | 53630 |
| continued receipt of moneys comprising a grant under this section, | 53631 |
| a community corrections facility shall satisfy at least all of the | 53632 |
| following requirements: | 53633 |
| (1) Be constructed, reconstructed, improved, or financed by | 53634 |
| the Ohio building authority pursuant to section 307.021 of the | 53635 |
| Revised Code and Chapter 152. of the Revised Code for the use of | 53636 |
| the department of youth services and be designated as a community | 53637 |
| corrections facility; | 53638 |
| (2) Have written standardized criteria governing the types of | 53639 |
| felony delinquents that are eligible for the programs and services | 53640 |
| provided by the facility; | 53641 |
| (3) Have a written standardized intake screening process and | 53642 |
| an intake committee that at least performs both of the following | 53643 |
| tasks: | 53644 |
| (a) Screens all eligible felony delinquents who are being | 53645 |
| considered for admission to the facility in lieu of commitment to | 53646 |
| the department; | 53647 |
| (b) Notifies, within ten days after the date of the referral | 53648 |
| of a felony delinquent to the facility, the committing court | 53649 |
| whether the felony delinquent will be admitted to the facility. | 53650 |
| (4) Comply with all applicable fiscal and program rules that | 53651 |
| the department adopts in accordance with Chapter 119. of the | 53652 |
| Revised Code and demonstrate that felony delinquents served by the | 53653 |
| facility have been or will be diverted from a commitment to the | 53654 |
| department. | 53655 |
| (D) The department of youth services shall determine the | 53656 |
| method of distribution of the funds appropriated for grants under | 53657 |
| this section to community corrections facilities. | 53658 |
| (E)(1) The department of youth services shall adopt rules in | 53659 |
| accordance with Chapter 119. of the Revised Code to establish the | 53660 |
| minimum occupancy threshold of community corrections facilities. | 53661 |
| (2) The department may make referrals for the placement of | 53662 |
| children in its custody to a community corrections facility | 53663 |
| 53664 | |
| 53665 | |
| forty-five days prior to the referral of a child or within any | 53666 |
| shorter period prior to the referral of the child that the | 53667 |
| committing court may allow, the department shall notify the | 53668 |
| committing court of its intent to place the child in a community | 53669 |
| corrections facility. The court shall have thirty days after the | 53670 |
| receipt of the notice to approve or disapprove the placement. If | 53671 |
| the court does not respond to the notice of the placement within | 53672 |
| that thirty-day period, the department shall proceed with the | 53673 |
| placement and debit the county in accordance with sections 5139.41 | 53674 |
| to 5139.43 of the Revised Code. A child placed in a community | 53675 |
| corrections facility pursuant to this division shall remain in the | 53676 |
| legal custody of the department of youth services during the | 53677 |
| period in which the child is in the community corrections | 53678 |
| facility. | 53679 |
| (3) Counties that are not associated with a community | 53680 |
| corrections facility may refer children to a community corrections | 53681 |
| facility with the consent of the facility. The department of youth | 53682 |
| services shall debit the county that makes the referral in | 53683 |
| accordance with sections 5139.41 to 5139.43 of the Revised Code. | 53684 |
| (F) If the board or other governing body of a community | 53685 |
| corrections facility establishes an advisory board, the board or | 53686 |
| other governing authority of the community corrections facility | 53687 |
| shall reimburse the members of the advisory board for their actual | 53688 |
| and necessary expenses incurred in the performance of their | 53689 |
| official duties on the advisory board. The members of advisory | 53690 |
| boards shall serve without compensation. | 53691 |
| Sec. 5153.16. (A) Except as provided in section 2151.422 of | 53692 |
| the Revised Code, in accordance with rules of the department of | 53693 |
| job and family services, and on behalf of children in the county | 53694 |
| whom the public children services agency considers to be in need | 53695 |
| of public care or protective services, the public children | 53696 |
| services agency shall do all of the following: | 53697 |
| (1) Make an investigation concerning any child alleged to be | 53698 |
| an abused, neglected, or dependent child; | 53699 |
| (2) Enter into agreements with the parent, guardian, or other | 53700 |
| person having legal custody of any child, or with the department | 53701 |
| of job and family services, department of mental health, | 53702 |
| department of mental retardation and developmental disabilities, | 53703 |
| other department, any certified organization within or outside the | 53704 |
| county, or any agency or institution outside the state, having | 53705 |
| legal custody of any child, with respect to the custody, care, or | 53706 |
| placement of any child, or with respect to any matter, in the | 53707 |
| interests of the child, provided the permanent custody of a child | 53708 |
| shall not be transferred by a parent to the public children | 53709 |
| services agency without the consent of the juvenile court; | 53710 |
| (3) Accept custody of children committed to the public | 53711 |
| children services agency by a court exercising juvenile | 53712 |
| jurisdiction; | 53713 |
| (4) Provide such care as the public children services agency | 53714 |
| considers to be in the best interests of any child adjudicated to | 53715 |
| be an abused, neglected, or dependent child the agency finds to be | 53716 |
| in need of public care or service; | 53717 |
| (5) Provide social services to any unmarried girl adjudicated | 53718 |
| to be an abused, neglected, or dependent child who is pregnant | 53719 |
| with or has been delivered of a child; | 53720 |
| (6) Make available to the bureau for children with medical | 53721 |
| handicaps of the department of health at its request any | 53722 |
| information concerning a crippled child found to be in need of | 53723 |
| treatment under sections 3701.021 to 3701.028 of the Revised Code | 53724 |
| who is receiving services from the public children services | 53725 |
| agency; | 53726 |
| (7) Provide temporary emergency care for any child considered | 53727 |
| by the public children services agency to be in need of such care, | 53728 |
| without agreement or commitment; | 53729 |
| (8) Find certified foster homes, within or outside the | 53730 |
| county, for the care of children, including handicapped children | 53731 |
| from other counties attending special schools in the county; | 53732 |
| (9) Subject to the approval of the board of county | 53733 |
| commissioners and the state department of job and family services, | 53734 |
| establish and operate a training school or enter into an agreement | 53735 |
| with any municipal corporation or other political subdivision of | 53736 |
| the county respecting the operation, acquisition, or maintenance | 53737 |
| of any children's home, training school, or other institution for | 53738 |
| the care of children maintained by such municipal corporation or | 53739 |
| political subdivision; | 53740 |
| (10) Acquire and operate a county children's home, establish, | 53741 |
| maintain, and operate a receiving home for the temporary care of | 53742 |
| children, or procure certified foster homes for this purpose; | 53743 |
| (11) Enter into an agreement with the trustees of any | 53744 |
| district children's home, respecting the operation of the district | 53745 |
| children's home in cooperation with the other county boards in the | 53746 |
| district; | 53747 |
| (12) Cooperate with, make its services available to, and act | 53748 |
| as the agent of persons, courts, the department of job and family | 53749 |
| services, the department of health, and other organizations within | 53750 |
| and outside the state, in matters relating to the welfare of | 53751 |
| children, except that the public children services agency shall | 53752 |
| not be required to provide supervision of or other services | 53753 |
| related to the exercise of parenting time rights granted pursuant | 53754 |
| to section 3109.051 or 3109.12 of the Revised Code or | 53755 |
| companionship or visitation rights granted pursuant to section | 53756 |
| 3109.051, 3109.11, or 3109.12 of the Revised Code unless a | 53757 |
| juvenile court, pursuant to Chapter 2151. of the Revised Code, or | 53758 |
| a common pleas court, pursuant to division (E)(6) of section | 53759 |
| 3113.31 of the Revised Code, requires the provision of supervision | 53760 |
| or other services related to the exercise of the parenting time | 53761 |
| rights or companionship or visitation rights; | 53762 |
| (13) Make investigations at the request of any superintendent | 53763 |
| of schools in the county or the principal of any school concerning | 53764 |
| the application of any child adjudicated to be an abused, | 53765 |
| neglected, or dependent child for release from school, where such | 53766 |
| service is not provided through a school attendance department; | 53767 |
| (14) Administer funds provided under Title IV-E of the | 53768 |
| "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as | 53769 |
| amended, in accordance with rules adopted under section 5101.141 | 53770 |
| of the Revised Code; | 53771 |
| (15) In addition to administering Title IV-E adoption | 53772 |
| assistance funds, enter into agreements to make adoption | 53773 |
| assistance payments under section 5153.163 of the Revised Code; | 53774 |
| (16) Implement a system of risk assessment, in accordance | 53775 |
| with rules adopted by the director of job and family services, to | 53776 |
| assist the public children services agency in determining the risk | 53777 |
| of abuse or neglect to a child; | 53778 |
| (17) Enter into a plan of cooperation with the board of | 53779 |
| county commissioners under section 307.983 of the Revised Code and | 53780 |
| comply with each fiscal agreement the board enters into under | 53781 |
| section 307.98 of the Revised Code that include family services | 53782 |
| duties of public children services agencies and contracts the | 53783 |
| board enters into under sections 307.981 and 307.982 of the | 53784 |
| Revised Code that affect the public children services agency; | 53785 |
| (18) Make reasonable efforts to prevent the removal of an | 53786 |
| alleged or adjudicated abused, neglected, or dependent child from | 53787 |
| the child's home, eliminate the continued removal of the child | 53788 |
| from the child's home, or make it possible for the child to return | 53789 |
| home safely, except that reasonable efforts of that nature are not | 53790 |
| required when a court has made a determination under division | 53791 |
| (A)(2) of section 2151.419 of the Revised Code; | 53792 |
| (19) Make reasonable efforts to place the child in a timely | 53793 |
| manner in accordance with the permanency plan approved under | 53794 |
| division (E) of section 2151.417 of the Revised Code and to | 53795 |
| complete whatever steps are necessary to finalize the permanent | 53796 |
| placement of the child; | 53797 |
| (20) Administer a Title IV-A program identified under | 53798 |
|
division (A)(3)(c) or | 53799 |
| Code that the department of job and family services provides for | 53800 |
| the public children services agency to administer under the | 53801 |
| department's supervision pursuant to section 5101.801 of the | 53802 |
| Revised Code; | 53803 |
| (21) Administer the kinship caregiver subsidy program created | 53804 |
| under section 5101.802 of the Revised Code under the supervision | 53805 |
| of the director of job and family services; | 53806 |
| (22) Provide independent living services pursuant to sections | 53807 |
| 2151.81 to 2151.84 of the Revised Code. | 53808 |
| (B) The public children services agency shall use the system | 53809 |
| implemented pursuant to division (B)(16) of this section in | 53810 |
| connection with an investigation undertaken pursuant to division | 53811 |
| (F)(1) of section 2151.421 of the Revised Code and may use the | 53812 |
| system at any other time the agency is involved with any child | 53813 |
| when the agency determines that risk assessment is necessary. | 53814 |
| (C) Except as provided in section 2151.422 of the Revised | 53815 |
| Code, in accordance with rules of the director of job and family | 53816 |
| services, and on behalf of children in the county whom the public | 53817 |
| children services agency considers to be in need of public care or | 53818 |
| protective services, the public children services agency may do | 53819 |
| the following: | 53820 |
| (1) Provide or find, with other child serving systems, | 53821 |
| specialized foster care for the care of children in a specialized | 53822 |
| foster home, as defined in section 5103.02 of the Revised Code, | 53823 |
| certified under section 5103.03 of the Revised Code; | 53824 |
| (2)(a) Except as limited by divisions (C)(2)(b) and (c) of | 53825 |
| this section, contract with the following for the purpose of | 53826 |
| assisting the agency with its duties: | 53827 |
| (i) County departments of job and family services; | 53828 |
| (ii) Boards of alcohol, drug addiction, and mental health | 53829 |
| services; | 53830 |
| (iii) County boards of mental retardation and developmental | 53831 |
| disabilities; | 53832 |
| (iv) Regional councils of political subdivisions established | 53833 |
| under Chapter 167. of the Revised Code; | 53834 |
| (v) Private and government providers of services; | 53835 |
| (vi) Managed care organizations and prepaid health plans. | 53836 |
| (b) A public children services agency contract under division | 53837 |
| (C)(2)(a) of this section regarding the agency's duties under | 53838 |
| section 2151.421 of the Revised Code may not provide for the | 53839 |
| entity under contract with the agency to perform any service not | 53840 |
| authorized by the department's rules. | 53841 |
| (c) Only a county children services board appointed under | 53842 |
| section 5153.03 of the Revised Code that is a public children | 53843 |
| services agency may contract under division (C)(2)(a) of this | 53844 |
| section. If an entity specified in division (B) or (C) of section | 53845 |
| 5153.02 of the Revised Code is the public children services agency | 53846 |
| for a county, the board of county commissioners may enter into | 53847 |
| contracts pursuant to section 307.982 of the Revised Code | 53848 |
| regarding the agency's duties. | 53849 |
| Sec. 5502.01. (A) The department of public safety shall | 53850 |
| administer and enforce the laws relating to the registration, | 53851 |
| licensing, sale, and operation of motor vehicles and the laws | 53852 |
| pertaining to the licensing of drivers of motor vehicles. | 53853 |
| The department shall compile, analyze, and publish statistics | 53854 |
| relative to motor vehicle accidents and the causes of them, | 53855 |
| prepare and conduct educational programs for the purpose of | 53856 |
| promoting safety in the operation of motor vehicles on the | 53857 |
| highways, and conduct research and studies for the purpose of | 53858 |
| promoting safety on the highways of this state. | 53859 |
| (B) The department shall administer the laws and rules | 53860 |
| relative to trauma and emergency medical services specified in | 53861 |
| Chapter 4765. of the Revised Code. | 53862 |
| (C) The department shall administer and enforce the laws | 53863 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 53864 |
| enforce the rules and orders of the liquor control commission | 53865 |
| pertaining to retail liquor permit holders. | 53866 |
| (D) The department shall administer the laws governing the | 53867 |
| state emergency management agency and shall enforce all additional | 53868 |
| duties and responsibilities as prescribed in the Revised Code | 53869 |
| related to emergency management services. | 53870 |
| (E) The department shall conduct investigations pursuant to | 53871 |
| Chapter 5101. of the Revised Code in support of the duty of the | 53872 |
| department of job and family services to administer food stamp | 53873 |
| programs throughout this state. The department of public safety | 53874 |
| shall conduct investigations necessary to protect the state's | 53875 |
| property rights and interests in the food stamp program. | 53876 |
| (F) The department of public safety shall enforce compliance | 53877 |
| with orders and rules of the public utilities commission and | 53878 |
| applicable laws in accordance with Chapters 4919., 4921., and | 53879 |
| 4923. of the Revised Code regarding commercial motor vehicle | 53880 |
| transportation safety, economic, and hazardous materials | 53881 |
| requirements. | 53882 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 53883 |
| department of public safety may establish requirements for its | 53884 |
| enforcement personnel, including its enforcement agents described | 53885 |
| in section 5502.14 of the Revised Code, that include standards of | 53886 |
| conduct, work rules and procedures, and criteria for eligibility | 53887 |
| as law enforcement personnel. | 53888 |
| (H) The department shall administer, maintain, and operate | 53889 |
| the Ohio criminal justice network. The Ohio criminal justice | 53890 |
| network shall be a computer network that supports state and local | 53891 |
| criminal justice activities. The network shall be an electronic | 53892 |
| repository for various data, which may include arrest warrants, | 53893 |
| notices of persons wanted by law enforcement agencies, criminal | 53894 |
| records, prison inmate records, stolen vehicle records, vehicle | 53895 |
| operator's licenses, and vehicle registrations and titles. | 53896 |
| (I) The department shall coordinate all homeland security | 53897 |
| activities of all state agencies and shall be a liaison between | 53898 |
| state agencies and local entities for those activities and related | 53899 |
| purposes. | 53900 |
| (J) Beginning July 1, 2004, the department shall administer | 53901 |
| and enforce the laws relative to private investigators and | 53902 |
| security service providers specified in Chapter 4749. of the | 53903 |
| Revised Code. | 53904 |
| (K) The department shall administer criminal justice services | 53905 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 53906 |
| Code. | 53907 |
| Sec. 5502.03. (A) There is hereby created in the department | 53908 |
| of public safety a division of homeland security. It is the intent | 53909 |
| of the general assembly that the creation of the division of | 53910 |
| homeland security of the department of public safety by this | 53911 |
| amendment does not result in an increase of funding appropriated | 53912 |
| to the department. | 53913 |
| (B)(1) The division shall coordinate all homeland security | 53914 |
| activities of all state agencies and shall be the liaison between | 53915 |
| state agencies and local entities for the purposes of | 53916 |
| communicating homeland security funding and policy initiatives. | 53917 |
| (2) The division and the department shall distribute any | 53918 |
| homeland security funds on a county basis and shall not distribute | 53919 |
| those funds on a regional basis. | 53920 |
| (C) The director of public safety shall appoint an executive | 53921 |
| director, who shall be head of the division of homeland security | 53922 |
| and who regularly shall advise the governor and the director on | 53923 |
| matters pertaining to homeland security. The executive director | 53924 |
| shall serve at the pleasure of the director of public safety. To | 53925 |
| carry out the duties assigned under this section, the executive | 53926 |
| director, subject to the direction and control of the director of | 53927 |
| public safety, may appoint and maintain necessary staff and may | 53928 |
| enter into any necessary agreements. | 53929 |
| (D) Except as otherwise provided by law, nothing in this | 53930 |
| section shall be construed to give the director of public safety | 53931 |
| or the executive director of the division of homeland security | 53932 |
| authority over the incident management structure or | 53933 |
| responsibilities of local emergency response personnel. | 53934 |
| | 53935 |
| 53936 |
| (A) "Federal criminal justice acts" means any federal law | 53937 |
| that authorizes financial assistance and other forms of assistance | 53938 |
| to be given by the federal government to the states to be used for | 53939 |
| the improvement of the criminal and juvenile justice systems of | 53940 |
| the states. | 53941 |
| (B)(1) "Criminal justice system" includes all of the | 53942 |
| functions of the following: | 53943 |
| (a) The state highway patrol, county sheriff offices, | 53944 |
| municipal and township police departments, and all other law | 53945 |
| enforcement agencies; | 53946 |
| (b) The courts of appeals, courts of common pleas, municipal | 53947 |
| courts, county courts, and mayor's courts, when dealing with | 53948 |
| criminal cases; | 53949 |
| (c) The prosecuting attorneys, city directors of law, village | 53950 |
| solicitors, and other prosecuting authorities when prosecuting or | 53951 |
| otherwise handling criminal cases and the county and joint county | 53952 |
| public defenders and other public defender agencies or offices; | 53953 |
| (d) The department of rehabilitation and correction, | 53954 |
| probation departments, county and municipal jails and workhouses, | 53955 |
| and any other department, agency, or facility that is concerned | 53956 |
| with the rehabilitation or correction of criminal offenders; | 53957 |
| (e) Any public or private agency whose purposes include the | 53958 |
| prevention of crime or the diversion, adjudication, detention, or | 53959 |
| rehabilitation of criminal offenders; | 53960 |
| (f) Any public or private agency, the purposes of which | 53961 |
| include assistance to crime victims or witnesses. | 53962 |
| (2) The inclusion of any public or private agency, the | 53963 |
| purposes of which include assistance to crime victims or | 53964 |
| witnesses, as part of the criminal justice system pursuant to | 53965 |
| division (B)(1) of this section does not limit, and shall not be | 53966 |
| construed as limiting, the discretion or authority of the attorney | 53967 |
| general with respect to crime victim assistance and criminal | 53968 |
| justice programs. | 53969 |
| (C) "Juvenile justice system" includes all of the functions | 53970 |
| of the juvenile courts, the department of youth services, any | 53971 |
| public or private agency whose purposes include the prevention of | 53972 |
| delinquency or the diversion, adjudication, detention, or | 53973 |
| rehabilitation of delinquent children, and any of the functions of | 53974 |
| the criminal justice system that are applicable to children. | 53975 |
| (D) "Comprehensive plan" means a document that coordinates, | 53976 |
| evaluates, and otherwise assists, on an annual or multi-year | 53977 |
| basis, any of the functions of the criminal and juvenile justice | 53978 |
| systems of the state or a specified area of the state, that | 53979 |
| conforms to the priorities of the state with respect to criminal | 53980 |
| and juvenile justice systems, and that conforms with the | 53981 |
| requirements of all federal criminal justice acts. These functions | 53982 |
| may include, but are not limited to, any of the following: | 53983 |
| (1) Crime and delinquency prevention; | 53984 |
| (2) Identification, detection, apprehension, and detention of | 53985 |
| persons charged with criminal offenses or delinquent acts; | 53986 |
| (3) Assistance to crime victims or witnesses, except that the | 53987 |
| comprehensive plan does not include the functions of the attorney | 53988 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 53989 |
| Code; | 53990 |
| (4) Adjudication or diversion of persons charged with | 53991 |
| criminal offenses or delinquent acts; | 53992 |
| (5) Custodial treatment of criminal offenders, delinquent | 53993 |
| children, or both; | 53994 |
| (6) Institutional and noninstitutional rehabilitation of | 53995 |
| criminal offenders, delinquent children, or both. | 53996 |
| (E) "Metropolitan county criminal justice services agency" | 53997 |
| means an agency that is established pursuant to division (A) of | 53998 |
|
section | 53999 |
| (F) "Administrative planning district" means a district that | 54000 |
|
is established pursuant to division (A)
or (B) of section | 54001 |
| 5502.66 of the Revised Code. | 54002 |
| (G) "Criminal justice coordinating council" means a criminal | 54003 |
| justice services agency that is established pursuant to division | 54004 |
|
(D) of section | 54005 |
| (H) "Local elected official" means any person who is a member | 54006 |
| of a board of county commissioners or township trustees or of a | 54007 |
| city or village council, judge of the court of common pleas, a | 54008 |
| municipal court, or a county court, sheriff, county coroner, | 54009 |
| prosecuting attorney, city director of law, village solicitor, or | 54010 |
| mayor. | 54011 |
| (I) "Juvenile justice coordinating council" means a juvenile | 54012 |
| justice services agency that is established pursuant to division | 54013 |
|
(D) of section | 54014 |
| | 54015 |
| in the department of public safety a division of criminal justice | 54016 |
| services. The | 54017 |
| concurrence of the governor, shall appoint | 54018 |
|
of the | 54019 |
| 54020 | |
| 54021 | |
| 54022 | |
| services. The executive director shall be the head of the | 54023 |
| division. The executive director shall serve at the pleasure of | 54024 |
| the director of public safety. To carry out the duties assigned | 54025 |
| under this section and to comply with sections 5502.63 to 5502.66 | 54026 |
| of the Revised Code, the executive director, subject to the | 54027 |
| direction and control of the director of public safety, may | 54028 |
| appoint and maintain any necessary staff and may enter into any | 54029 |
| necessary contracts and other agreements. The executive director | 54030 |
| and the assistant executive
director of the | 54031 |
| all professional and technical personnel employed within the | 54032 |
| 54033 | |
| 4117.01 of the Revised Code, shall be in the unclassified civil | 54034 |
| service, and all other persons employed within the office shall be | 54035 |
| in the
classified civil service. | 54036 |
| 54037 | |
| 54038 |
| (B) Subject to division (E) of this section and subject to | 54039 |
| divisions (D) to (F) of section 5120.09 of the Revised Code | 54040 |
| insofar as those divisions relate to federal criminal justice acts | 54041 |
| that the governor requires the department of rehabilitation and | 54042 |
|
correction to administer, the | 54043 |
| services shall do all of the following: | 54044 |
| (1) Serve as the state criminal justice services agency and | 54045 |
| perform criminal justice system planning in the state, including | 54046 |
| any planning that is required by any federal law; | 54047 |
| (2) Collect, analyze, and correlate information and data | 54048 |
| concerning the criminal justice system in the state; | 54049 |
| (3) Cooperate with and provide technical assistance to state | 54050 |
| departments, administrative planning districts, metropolitan | 54051 |
| county criminal justice services agencies, criminal justice | 54052 |
| coordinating councils, agencies, offices, and departments of the | 54053 |
| criminal justice system in the state, and other appropriate | 54054 |
| organizations and persons; | 54055 |
| (4) Encourage and assist agencies, offices, and departments | 54056 |
| of the criminal justice system in the state and other appropriate | 54057 |
| organizations and persons to solve problems that relate to the | 54058 |
| duties of the | 54059 |
| (5) Administer within the state any federal criminal justice | 54060 |
| acts that the governor requires it to administer; | 54061 |
| (6) Administer funds received under the "Family Violence | 54062 |
| Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 54063 |
| 10401, as amended, with all powers necessary for the adequate | 54064 |
| administration of those funds, including the authority to | 54065 |
| establish a family violence prevention and services program. | 54066 |
| (7) Implement the state comprehensive plans; | 54067 |
| (8) Audit grant activities of agencies, offices, | 54068 |
| organizations, and persons that are financed in whole or in part | 54069 |
|
by funds granted through the | 54070 |
| (9) Monitor or evaluate the performance of criminal justice | 54071 |
| system projects and programs in the state that are financed in | 54072 |
|
whole or in part by funds granted through the
| 54073 |
| (10) Apply for, allocate, disburse, and account for grants | 54074 |
| that are made available pursuant to federal criminal justice acts, | 54075 |
| or made available from other federal, state, or private sources, | 54076 |
| to improve the criminal justice system in the state. All money | 54077 |
| from such federal grants shall, if the terms under which the money | 54078 |
| is received require that the money be deposited into an | 54079 |
| interest-bearing fund or account, be deposited in the state | 54080 |
| treasury to the credit of the federal program purposes fund, which | 54081 |
| is hereby created. All investment earnings of the fund shall be | 54082 |
| credited to the fund. | 54083 |
| (11) Contract with federal, state, and local agencies, | 54084 |
| foundations, corporations, businesses, and persons when necessary | 54085 |
|
to carry out the duties of the | 54086 |
| (12) Oversee the activities of metropolitan county criminal | 54087 |
| justice services agencies, administrative planning districts, and | 54088 |
| criminal justice coordinating councils in the state; | 54089 |
| (13) Advise the director of public safety, general assembly, | 54090 |
| and governor on legislation and other significant matters that | 54091 |
| pertain to the improvement and reform of criminal and juvenile | 54092 |
| justice systems in the state; | 54093 |
| (14) Prepare and recommend legislation to the director of | 54094 |
| public safety, general assembly, and governor for the improvement | 54095 |
| of the criminal and juvenile justice systems in the state; | 54096 |
| (15) Assist, advise, and make any reports that are requested | 54097 |
| or required by the governor, director of public safety, attorney | 54098 |
| general, or general assembly; | 54099 |
| (16) | 54100 |
| safety, adopt rules pursuant to Chapter 119. of the Revised Code. | 54101 |
| (C) Upon the request of the director of public safety or | 54102 |
| governor, the | 54103 |
| any of the following: | 54104 |
| (1) Collect, analyze, or correlate information and data | 54105 |
| concerning the juvenile justice system in the state; | 54106 |
| (2) Cooperate with and provide technical assistance to state | 54107 |
| departments, administrative planning districts, metropolitan | 54108 |
| county criminal justice service agencies, criminal justice | 54109 |
| coordinating councils, agency offices, and the departments of the | 54110 |
| juvenile justice system in the state and other appropriate | 54111 |
| organizations and persons; | 54112 |
| (3) Encourage and assist agencies, offices, and departments | 54113 |
| of the juvenile justice system in the state and other appropriate | 54114 |
| organizations and persons to solve problems that relate to the | 54115 |
|
duties of the | 54116 |
| (D) Divisions (B) and (C) of this section do not limit the | 54117 |
| discretion or authority of the attorney general with respect to | 54118 |
| crime victim assistance and criminal justice programs. | 54119 |
| (E) Nothing in this section is intended to diminish or alter | 54120 |
| the status of the office of the attorney general as a criminal | 54121 |
| justice services agency. | 54122 |
| | 54123 |
| services in the department of public safety shall prepare a poster | 54124 |
| and a brochure that describe safe firearms practices. The poster | 54125 |
| and brochure shall contain typeface that is at least one-quarter | 54126 |
| inch tall. The | 54127 |
| and brochure free of charge to each federally licensed firearms | 54128 |
| dealer in this state. | 54129 |
| As used in this section, "federally licensed firearms dealer" | 54130 |
| means an importer, manufacturer, or dealer having a license to | 54131 |
| deal in destructive devices or their ammunition, issued and in | 54132 |
| effect pursuant to the federal "Gun Control Act of 1968," 82 Stat. | 54133 |
| 1213, 18 U.S.C. 923 et seq., and any amendments or additions to | 54134 |
| that act or reenactments of that act. | 54135 |
| | 54136 |
| agreement with the largest city within the county to establish a | 54137 |
| metropolitan county criminal justice services agency, if the | 54138 |
| population of the county exceeds five hundred thousand or the | 54139 |
| population of the city exceeds two hundred fifty thousand. | 54140 |
| (B) A metropolitan county criminal justice services agency | 54141 |
| shall do all of the following: | 54142 |
| (1) Accomplish criminal and juvenile justice systems planning | 54143 |
| within its services area; | 54144 |
| (2) Collect, analyze, and correlate information and data | 54145 |
| concerning the criminal and juvenile justice systems within its | 54146 |
| services area; | 54147 |
| (3) Cooperate with and provide technical assistance to all | 54148 |
| criminal and juvenile justice agencies and systems and other | 54149 |
| appropriate organizations and persons within its services area; | 54150 |
| (4) Encourage and assist agencies of the criminal and | 54151 |
| juvenile justice systems and other appropriate organizations and | 54152 |
| persons to solve problems that relate to its duties; | 54153 |
| (5) Administer within its services area any federal criminal | 54154 |
|
justice acts or juvenile justice acts that the | 54155 |
| criminal justice services pursuant to section 5139.11 of the | 54156 |
| Revised Code or the department of youth services administers | 54157 |
| within the state; | 54158 |
| (6) Implement the comprehensive plans for its services area; | 54159 |
| (7) Monitor or evaluate, within its services area, the | 54160 |
| performance of the criminal and juvenile justice systems projects | 54161 |
| and programs that are financed in whole or in part by funds | 54162 |
| granted through it; | 54163 |
| (8) Apply for, allocate, and disburse grants that are made | 54164 |
| available pursuant to any federal criminal justice acts, or | 54165 |
| pursuant to any other federal, state, or private sources for the | 54166 |
| purpose of improving the criminal and juvenile justice systems; | 54167 |
| (9) Contract with federal, state, and local agencies, | 54168 |
| foundations, corporations, and other businesses or persons to | 54169 |
| carry out the duties of the agency. | 54170 |
| | 54171 |
|
criminal
justice purposes pursuant to section | 54172 |
|
the Revised Code,
the | 54173 |
| shall provide funds to metropolitan county criminal justice | 54174 |
| services agencies for the purpose of developing, coordinating, | 54175 |
| evaluating, and implementing comprehensive plans within their | 54176 |
| respective
counties. The | 54177 |
| services shall provide funds to an agency only if it complies with | 54178 |
| the conditions of division (B) of this section. | 54179 |
| (2) When funds are available for juvenile justice purposes | 54180 |
|
pursuant to section | 54181 |
| department of youth services shall provide funds to metropolitan | 54182 |
| county criminal justice services agencies for the purpose of | 54183 |
| developing, coordinating, evaluating, and implementing | 54184 |
| comprehensive plans within their respective counties. The | 54185 |
| department shall provide funds to an agency only if it complies | 54186 |
| with the conditions of division (B) of this section. | 54187 |
| (B) A metropolitan county criminal justice services agency | 54188 |
| shall do all of the following: | 54189 |
| (1) Submit, in a form that is acceptable to the | 54190 |
| division of criminal justice services or the department of youth | 54191 |
| services pursuant to section 5139.01 of the Revised Code, a | 54192 |
| comprehensive plan for the county; | 54193 |
| (2) Establish a metropolitan county criminal justice services | 54194 |
| supervisory board whose members shall include a majority of the | 54195 |
| local elected officials in the county and representatives from law | 54196 |
| enforcement agencies, courts, prosecuting authorities, public | 54197 |
| defender agencies, rehabilitation and correction agencies, | 54198 |
| community organizations, juvenile justice services agencies, | 54199 |
| professionals, and private citizens in the county, and that shall | 54200 |
| have the authority set forth in division (C) of this section; | 54201 |
| (3) Organize in the manner provided in sections 167.01 to | 54202 |
| 167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code, | 54203 |
| unless the board created pursuant to division (B)(2) of this | 54204 |
| section organizes pursuant to these sections. | 54205 |
| (C) A metropolitan county criminal justice services | 54206 |
| supervisory board shall do all of the following: | 54207 |
| (1) Exercise leadership in improving the quality of the | 54208 |
| criminal and juvenile justice systems in the county; | 54209 |
| (2) Review, approve, and maintain general oversight of the | 54210 |
| comprehensive plans for the county and the implementation of the | 54211 |
| plans; | 54212 |
| (3) Review and comment on the overall needs and | 54213 |
| accomplishments of the criminal and juvenile justice systems in | 54214 |
| the county; | 54215 |
| (4) Establish, as required to comply with this division, task | 54216 |
| forces, ad hoc committees, and other committees, whose members | 54217 |
| shall be appointed by the chairperson of the board; | 54218 |
| (5) Establish any rules that the board considers necessary | 54219 |
| and that are consistent with the federal criminal justice acts and | 54220 |
|
section | 54221 |
| | 54222 |
|
county
criminal justice services agency does not exist, the
| 54223 |
| division of
criminal justice services shall discharge the | 54224 |
| division's
duties
that
the | 54225 |
| requires it to administer by establishing administrative planning | 54226 |
| districts for criminal justice programs. An administrative | 54227 |
| planning district shall contain a group of contiguous counties in | 54228 |
| which no county has a metropolitan county criminal justice | 54229 |
| services agency. | 54230 |
| (B) In counties in which a metropolitan county criminal | 54231 |
| justice services agency does not exist, the department of youth | 54232 |
| services shall discharge pursuant to section 5139.11 of the | 54233 |
| Revised Code the department's duty by establishing administrative | 54234 |
| planning districts for juvenile justice programs. | 54235 |
| (C) All administrative planning districts shall contain a | 54236 |
| group of contiguous counties in which no county has a metropolitan | 54237 |
| county criminal justice services agency. | 54238 |
| (D) Any county or any combination of contiguous counties | 54239 |
| within an administrative planning district may form a criminal | 54240 |
| justice coordinating council or a juvenile justice coordinating | 54241 |
| council for its respective programs, if the county or the group of | 54242 |
| counties has a total population in excess of two hundred fifty | 54243 |
| thousand. The council shall comply with the conditions set forth | 54244 |
|
in divisions (B) and (C) of section | 54245 |
| Code, and exercise within its jurisdiction the powers and duties | 54246 |
| set
forth in division (B) of section | 54247 |
| Code. | 54248 |
| Sec. 5517.02. (A) Before undertaking the construction, | 54249 |
| reconstruction by widening or resurfacing, or improvement of a | 54250 |
| state highway, or a bridge or culvert thereon, or the installation | 54251 |
| of a traffic control signal on a state highway, the director of | 54252 |
| transportation shall make an estimate of the cost of the work | 54253 |
| using the force account project assessment form developed by the | 54254 |
| auditor of state under section 117.16 of the Revised Code. In | 54255 |
| constructing, or reconstructing by widening or resurfacing, | 54256 |
| improving, maintaining, and repairing state highways, and the | 54257 |
| bridges and culverts thereon, and in installing, maintaining, and | 54258 |
| repairing traffic control signals on state highways, the director, | 54259 |
| except as provided in division (B) of this section, shall proceed | 54260 |
| by contract let to the lowest competent and responsible bidder, | 54261 |
| after advertisement as provided in section 5525.01 of the Revised | 54262 |
| Code. | 54263 |
| (B)(1) Where the work contemplated is the construction of a | 54264 |
| bridge or culvert, or the installation of a traffic control | 54265 |
| signal, estimated to cost not more than fifty thousand dollars or | 54266 |
| the adjusted amount certified under section 117.162 of the Revised | 54267 |
| Code, the director may proceed by employing labor, purchasing | 54268 |
| materials, and furnishing equipment. | 54269 |
| (2) The director may also proceed with maintenance or repair | 54270 |
| work by employing labor, purchasing materials, and furnishing | 54271 |
| equipment, provided the total estimated cost of the completed | 54272 |
| operation, or series of connected operations, does not exceed | 54273 |
| twenty-five thousand dollars or the adjusted amount certified | 54274 |
| under section 117.162 of the Revised Code per mile of highway, | 54275 |
| exclusive of structures and traffic control signals, or fifty | 54276 |
| thousand dollars or the adjusted amount certified under section | 54277 |
| 117.162 of the Revised Code for any single structure or traffic | 54278 |
| control signal. | 54279 |
| (3) The director may proceed by furnishing equipment, | 54280 |
| purchasing materials, and employing labor in the erection of | 54281 |
| temporary bridges or the making of temporary repairs to a highway | 54282 |
| or bridge rendered necessary by flood, landslide, or other | 54283 |
| extraordinary emergency. If the director determines inability to | 54284 |
| complete such emergency work by force account, the director may | 54285 |
| contract for any part of the work, with or without advertising for | 54286 |
| bids, as the director considers for the best interest of the | 54287 |
| department of transportation. | 54288 |
| Sec. 5540.01. As used in this chapter: | 54289 |
| (A) "Transportation improvement district" or "district" means | 54290 |
| a transportation improvement district designated pursuant to | 54291 |
| section 5540.02 of the Revised Code. | 54292 |
| (B) "Governmental agency" means a department, division, or | 54293 |
| other unit of state government; a county, township, or municipal | 54294 |
| corporation or other political subdivision; a regional transit | 54295 |
| authority or regional transit commission created pursuant to | 54296 |
| Chapter 306. of the Revised Code; a port authority created | 54297 |
| pursuant to Chapter 4582. of the Revised Code; and the United | 54298 |
| States or any agency thereof. | 54299 |
| (C) "Project" means a street, highway, or other | 54300 |
| transportation project constructed or improved under this chapter | 54301 |
| and includes all bridges, tunnels, overpasses, underpasses, | 54302 |
| interchanges, approaches, those portions of connecting streets or | 54303 |
| highways that serve interchanges and are determined by the | 54304 |
| district to be necessary for the safe merging of traffic between | 54305 |
| the project and those streets or highways, service facilities, and | 54306 |
| administration, storage, and other buildings, property, and | 54307 |
| facilities, that the district considers necessary for the | 54308 |
| operation of the project, together with all property and rights | 54309 |
| that must be acquired by the district for the construction, | 54310 |
| maintenance, or operation of the project. | 54311 |
| (D) "Cost," as applied to the construction of a project, | 54312 |
| includes the cost of construction, including bridges over or under | 54313 |
| existing highways and railroads, acquisition of all property | 54314 |
| acquired by the district for such construction, demolishing or | 54315 |
| removing any buildings or structures on land so acquired, | 54316 |
| including the cost of acquiring any lands to which such buildings | 54317 |
| or structures may be moved, site clearance, improvement, and | 54318 |
| preparation, diverting streets or highways, interchanges with | 54319 |
| streets or highways, access roads to private property, including | 54320 |
| the cost of land or easements therefor, all machinery, | 54321 |
| furnishings, and equipment, communications facilities, financing | 54322 |
| expenses, interest prior to and during construction and for one | 54323 |
| year after completion of construction, traffic estimates, | 54324 |
| indemnity and surety bonds and premiums on insurance, and | 54325 |
| guarantees, engineering, feasibility studies, and legal expenses, | 54326 |
| plans, specifications, surveys, estimates of cost and revenues, | 54327 |
| other expenses necessary or incidental to determining the | 54328 |
| feasibility or practicability of constructing a project, and such | 54329 |
| other expense as may be necessary or incident to the construction | 54330 |
| of the project and the financing of such construction. Any | 54331 |
| obligation or expense incurred by any governmental agency or | 54332 |
| person for surveys, borings, preparation of plans and | 54333 |
| specifications, and other engineering services, or any other cost | 54334 |
| described above, in connection with the construction of a project | 54335 |
| may be regarded as part of the cost of the project and reimbursed | 54336 |
| from revenues, taxes, or the proceeds of bonds as authorized by | 54337 |
| this chapter. | 54338 |
| (E) "Owner" includes any person having any title or interest | 54339 |
| in any property authorized to be acquired by a district under this | 54340 |
| chapter. | 54341 |
| (F) "Revenues" means all moneys received by a district with | 54342 |
| respect to the lease, sublease, or sale, including installment | 54343 |
| sale, conditional sale, or sale under a lease-purchase agreement, | 54344 |
| of a project, all moneys received by a district under an agreement | 54345 |
| pursuant to section 5540.032 of the Revised Code, any gift or | 54346 |
| grant received with respect to a project, tolls, special | 54347 |
| assessments levied by the district, proceeds of bonds to the | 54348 |
| extent the use thereof for payment of principal or of premium, if | 54349 |
| any, or interest on the bonds is authorized by the district, | 54350 |
| proceeds from any insurance, condemnation, or guaranty pertaining | 54351 |
| to a project or property mortgaged to secure bonds or pertaining | 54352 |
| to the financing of a project, and income and profit from the | 54353 |
| investment of the proceeds of bonds or of any revenues. | 54354 |
| (G) "Street or highway" has the same meaning as in section | 54355 |
| 4511.01 of the Revised Code. | 54356 |
| (H) "Financing expenses" means all costs and expenses | 54357 |
| relating to the authorization, issuance, sale, delivery, | 54358 |
| authentication, deposit, custody, clearing, registration, | 54359 |
| transfer, exchange, fractionalization, replacement, payment, and | 54360 |
| servicing of bonds including, without limitation, costs and | 54361 |
| expenses for or relating to publication and printing, postage, | 54362 |
| delivery, preliminary and final official statements, offering | 54363 |
| circulars, and informational statements, travel and | 54364 |
| transportation, underwriters, placement agents, investment | 54365 |
| bankers, paying agents, registrars, authenticating agents, | 54366 |
| remarketing agents, custodians, clearing agencies or corporations, | 54367 |
| securities depositories, financial advisory services, | 54368 |
| certifications, audits, federal or state regulatory agencies, | 54369 |
| accounting and computation services, legal services and obtaining | 54370 |
| approving legal opinions and other legal opinions, credit ratings, | 54371 |
| redemption premiums, and credit enhancement facilities. | 54372 |
| (I) "Bond proceedings" means the resolutions, trust | 54373 |
| agreements, certifications, notices, sale proceedings, leases, | 54374 |
| lease-purchase agreements, assignments, credit enhancement | 54375 |
| facility agreements, and other agreements, instruments, and | 54376 |
| documents, as amended and supplemented, or any one or more of | 54377 |
| combination thereof, authorizing, or authorizing or providing for | 54378 |
| the terms and conditions applicable to, or providing for the | 54379 |
| security or sale or award or liquidity of, bonds, and includes the | 54380 |
| provisions set forth or incorporated in those bonds and bond | 54381 |
| proceedings. | 54382 |
| (J) "Bond service charges" means principal, including any | 54383 |
| mandatory sinking fund or mandatory redemption requirements for | 54384 |
| retirement of bonds, and interest and any redemption premium | 54385 |
| payable on bonds, as those payments come due and are payable to | 54386 |
| the bondholder or to a person making payment under a credit | 54387 |
| enhancement facility of those bond service charges to a | 54388 |
| bondholder. | 54389 |
| (K) "Bond service fund" means the applicable fund created by | 54390 |
| the bond proceedings for and pledged to the payment of bond | 54391 |
| service charges on bonds provided for by those proceedings, | 54392 |
| including all moneys and investments, and earnings from | 54393 |
| investments, credited and to be credited to that fund as provided | 54394 |
| in the bond proceedings. | 54395 |
| (L) "Bonds" means bonds, notes, including notes anticipating | 54396 |
| bonds or other notes, commercial paper, certificates of | 54397 |
| participation, or other evidences of obligation, including any | 54398 |
| interest coupons pertaining thereto, issued pursuant to this | 54399 |
| chapter. | 54400 |
| (M) "Net revenues" means revenues lawfully available to pay | 54401 |
| both current operating expenses of a district and bond service | 54402 |
| charges in any fiscal year or other specified period, less current | 54403 |
| operating expenses of the district and any amount necessary to | 54404 |
| maintain a working capital reserve for that period. | 54405 |
| (N) "Pledged revenues" means net revenues, moneys and | 54406 |
| investments, and earnings on those investments, in the applicable | 54407 |
| bond service fund and any other special funds, and the proceeds of | 54408 |
| any bonds issued for the purpose of refunding prior bonds, all as | 54409 |
| lawfully available and by resolution of the district committed for | 54410 |
| application as pledged revenues to the payment of bond service | 54411 |
| charges on particular issues of bonds. | 54412 |
| (O) "Special funds" means the applicable bond service fund | 54413 |
| and any accounts and subaccounts in that fund, any other funds or | 54414 |
| accounts permitted by and established under, and identified as a | 54415 |
| special fund or special account in, the bond proceedings, | 54416 |
| including any special fund or account established for purposes of | 54417 |
| rebate or other requirements under federal income tax laws. | 54418 |
| (P) "Credit enhancement facilities" means letters of credit, | 54419 |
| lines of credit, standby, contingent, or firm securities purchase | 54420 |
| agreements, insurance, or surety arrangements, guarantees, and | 54421 |
| other arrangements that provide for direct or contingent payment | 54422 |
| of bond service charges, for security or additional security in | 54423 |
| the event of nonpayment or default in respect of bonds, or for | 54424 |
| making payment of bond service charges and at the option and on | 54425 |
| demand of bondholders or at the option of the district or upon | 54426 |
| certain conditions occurring under put or similar arrangements, or | 54427 |
| for otherwise supporting the credit or liquidity of the bonds, and | 54428 |
| includes credit, reimbursement, marketing, remarketing, indexing, | 54429 |
| carrying, interest rate hedge as defined in section 133.01 of the | 54430 |
| Revised Code, and subrogation agreements, and other agreements and | 54431 |
| arrangements for payment and reimbursement of the person providing | 54432 |
| the credit enhancement facility and the security for that payment | 54433 |
| and reimbursement. | 54434 |
| (Q) "Refund" means to fund and retire outstanding bonds, | 54435 |
| including advance refunding with or without payment or redemption | 54436 |
| prior to stated maturity. | 54437 |
| (R) "Property" includes interests in property. | 54438 |
| (S) "Administrative agent," "agent," "commercial paper," | 54439 |
| "floating rate interest structure," "indexing agent," "interest | 54440 |
| rate period," "put arrangement," and "remarketing agent" have the | 54441 |
| same meanings as in section 9.98 of the Revised Code. | 54442 |
| (T) "Outstanding" as applied to bonds means outstanding in | 54443 |
| accordance with the terms of the bonds and the applicable bond | 54444 |
| proceedings. | 54445 |
| (U) "Interstate system" has the same meaning as in section | 54446 |
| 5516.01 of the Revised Code. | 54447 |
| Sec. 5540.032. A transportation improvement district and any | 54448 |
| governmental agency may enter into an agreement providing for the | 54449 |
| joint financing, construction, acquisition, or improvement of any | 54450 |
| project benefiting the parties thereto and providing for the joint | 54451 |
| management, maintenance, and repair thereof. Any such agreement | 54452 |
| shall be approved by resolution or ordinance passed by the | 54453 |
| legislative authority of each of the parties to such agreement, | 54454 |
| which resolution or ordinance shall authorize the execution | 54455 |
| thereof by a designated official or officials of each of such | 54456 |
| parties, and such agreement, when so approved and executed, shall | 54457 |
| be in full force and effect. | 54458 |
| Any party to such an agreement may issue and, notwithstanding | 54459 |
| any other provision of the Revised Code, a district may purchase | 54460 |
| directly from the party as an investment, securities to evidence | 54461 |
| the obligations of that party to the district pursuant to the | 54462 |
| agreement for its portion of the cost of the project pursuant to | 54463 |
| Chapter 133. or other applicable provisions of the Revised Code. | 54464 |
| Sec. 5540.09. (A) The bonds do not constitute a debt, or a | 54465 |
| pledge of the faith and credit, of the state or of any political | 54466 |
| subdivision of the state. Bond service charges on outstanding | 54467 |
| bonds are payable solely from the pledged revenues pledged for | 54468 |
| their payment as authorized by this chapter and as provided in the | 54469 |
| bond proceedings. All bonds shall contain on their face a | 54470 |
| statement to that effect. | 54471 |
| (B) All expenses incurred in carrying out this chapter shall | 54472 |
| be payable
solely from revenues provided under this chapter. | 54473 |
| Except as provided in section 5540.032 of the Revised Code, this | 54474 |
| chapter does not authorize the board of trustees of a district to | 54475 |
| incur indebtedness or liability on behalf of or payable by the | 54476 |
| state or any political subdivision of the state. | 54477 |
| Sec. 5543.19. (A) The county engineer may, when authorized | 54478 |
| by the board of county commissioners and not required by this | 54479 |
| section or other law to use competitive bidding, employ such | 54480 |
| laborers and vehicles, use such county employees and property, | 54481 |
| lease such implements and tools, and purchase such materials as | 54482 |
| are necessary in the construction, reconstruction, improvement, | 54483 |
| maintenance, or repair of roads by force account. | 54484 |
| In determining whether construction or reconstruction, | 54485 |
| including widening and resurfacing, of roads may be undertaken by | 54486 |
| force account, the county engineer shall first cause to be made an | 54487 |
| estimate of the cost of such work using the force account project | 54488 |
| assessment form developed by the auditor of state under section | 54489 |
| 117.16 of the Revised Code. When the total estimated cost of the | 54490 |
| work exceeds thirty thousand dollars per mile or the adjusted | 54491 |
| amount certified under section 117.162 of the Revised Code, the | 54492 |
| county commissioners shall invite and receive competitive bids for | 54493 |
| furnishing all the labor, materials, and equipment necessary to | 54494 |
| complete the work in accordance with sections 307.86 to 307.92 of | 54495 |
| the Revised Code. | 54496 |
| (B) The county engineer may, when authorized by the board of | 54497 |
| county commissioners and not required by this section or other law | 54498 |
| to use competitive bidding, employ such laborers and vehicles, use | 54499 |
| such county employees and property, lease such implements and | 54500 |
| tools, and purchase such materials as are necessary in the | 54501 |
| construction, reconstruction, improvement, maintenance, or repair | 54502 |
| of bridges and culverts by force account. | 54503 |
| In determining whether such construction, reconstruction, | 54504 |
| improvement, maintenance, or repair of bridges or culverts may be | 54505 |
| undertaken by force account, the county engineer shall first cause | 54506 |
| to be made an estimate of the cost of such work using the force | 54507 |
| account project assessment form. When the total estimated cost of | 54508 |
| the work exceeds one hundred thousand dollars or the adjusted | 54509 |
| amount certified under section 117.162 of the Revised Code, the | 54510 |
| board of county commissioners shall invite and receive competitive | 54511 |
| bids for furnishing all the labor, materials, and equipment | 54512 |
| necessary to complete the work, in accordance with sections 307.86 | 54513 |
| to 307.92 of the Revised Code. The county engineer shall obtain | 54514 |
| the approval required by section 5543.02 of the Revised Code. | 54515 |
| (C) "Force account," as used in this section means that the | 54516 |
| county engineer will act as contractor, using labor employed by | 54517 |
| the engineer using material and equipment either owned by the | 54518 |
| county or leased or purchased in compliance with sections 307.86 | 54519 |
| to 307.92 of the Revised Code and excludes subcontracting any part | 54520 |
| of such work unless done pursuant to sections 307.86 to 307.92 of | 54521 |
| the Revised Code. | 54522 |
| The term "competitive bids" as used in this section requires | 54523 |
| competition for the whole contract and in regard to its component | 54524 |
| parts, including labor and materials. Neither plans nor | 54525 |
| specifications shall be drawn to favor any manufacturer or bidder | 54526 |
| unless required by the public interest. | 54527 |
| Sec. 5549.01. The board of county commissioners may purchase | 54528 |
| such machinery, tools, or other equipment, including special | 54529 |
| wearing apparel, for the construction, improvement, maintenance, | 54530 |
| or repair of the highways, bridges, and culverts under its | 54531 |
| jurisdiction as it deems necessary. The board may also purchase, | 54532 |
| hire, or lease automobiles, motorcycles, or other conveyances and | 54533 |
|
maintain them for the use of the county engineer and | 54534 |
| engineer's assistants when on official business. All such | 54535 |
| machinery, tools, and equipment, including special wearing | 54536 |
| apparel, and conveyances belonging to the county shall be under | 54537 |
| the care and custody of the engineer, and shall be plainly and | 54538 |
| conspicuously marked as the property of the county. | 54539 |
| The engineer | 54540 |
| 54541 | |
| 54542 | |
| 54543 | |
| 54544 | |
| 54545 | |
| what machinery, tools, and equipment, including special wearing | 54546 |
| apparel, and conveyances should be purchased for the use of the | 54547 |
| county during the ensuing year and the probable cost thereof. | 54548 |
| The board shall provide a suitable place for housing and | 54549 |
| storing machinery, tools, and equipment, including special wearing | 54550 |
| apparel, materials, and conveyances owned by the county, and may | 54551 |
| purchase the necessary material and construct, or enter into an | 54552 |
| agreement with a railroad company to construct, one switch or spur | 54553 |
| track from the right of way of such railroad company to land or | 54554 |
| storage house owned by the county. All expenditures authorized by | 54555 |
| this section shall be paid out of any available road funds of the | 54556 |
| county. | 54557 |
| Purchases, hiring, or leasing made by the board pursuant to | 54558 |
| this section shall
be governed by sections 307.86 to 307.92 | 54559 |
| 54560 |
| Sec. 5573.13. The proportion of the compensation, damages, | 54561 |
| and costs of any road improvement to be paid by the township shall | 54562 |
| be paid out of any road improvement fund available therefor. For | 54563 |
| the purpose of providing by taxation a fund for the payment of the | 54564 |
| township's proportion of the compensation, damages, and costs of | 54565 |
| constructing, reconstructing, resurfacing, or improving roads | 54566 |
| under sections 5571.01, 5571.06, 5571.07, 5571.15, 5573.01 to | 54567 |
| 5573.15, | 54568 |
| Revised Code, and for the purpose of maintaining, repairing, or | 54569 |
| dragging any public road or part thereof under their jurisdiction, | 54570 |
| in the manner provided in
sections 5571.02 to 5571.05, | 54571 |
| 5571.08, 5571.12,
| 54572 |
| board of trustees may levy, annually, a tax not exceeding three | 54573 |
| mills upon each dollar of the taxable property of said township. | 54574 |
| Such levy shall be in addition to all other levies authorized for | 54575 |
| township purposes, and subject only to the limitation on the | 54576 |
| combined maximum rate for all taxes now in force. The taxes so | 54577 |
| authorized shall be placed by the county auditor upon the tax | 54578 |
| duplicate, against the taxable property of the township, and | 54579 |
| collected by the county treasurer as other taxes. When collected, | 54580 |
| such taxes shall be paid to the township clerk of the township | 54581 |
| from which they are collected, and the money so received shall be | 54582 |
| under the control of the board for the purposes for which the | 54583 |
| taxes were levied. | 54584 |
| Sec. 5575.01. (A) In the maintenance and repair of roads, | 54585 |
| the board of township trustees may proceed either by contract or | 54586 |
| force account, but, unless the exemption specified in division (C) | 54587 |
| of this section applies, if the board wishes to proceed by force | 54588 |
| account, it first shall cause the county engineer to complete the | 54589 |
| force account assessment form developed by the auditor of state | 54590 |
| under section 117.16 of the Revised Code. Except as otherwise | 54591 |
| provided in sections 505.08 and 505.101 of the Revised Code, when | 54592 |
| the board proceeds by contract, the contract shall, if the amount | 54593 |
| involved exceeds forty-five thousand dollars or the adjusted | 54594 |
| amount certified under section 117.162 of the Revised Code, be let | 54595 |
| by the board to the lowest responsible bidder after advertisement | 54596 |
| for bids once, not later than two weeks, prior to the date fixed | 54597 |
| for the letting of the contract, in a newspaper published in the | 54598 |
| county and of general circulation within the township or, if no | 54599 |
| newspaper is published in the county, in a newspaper having | 54600 |
| general circulation in the township. If the amount involved is | 54601 |
| forty-five thousand dollars or the adjusted amount certified under | 54602 |
| section 117.162 of the Revised Code or less, a contract may be let | 54603 |
| without competitive bidding, or the work may be done by force | 54604 |
| account. Such a contract shall be performed under the supervision | 54605 |
| of a member of the board or the township road superintendent. | 54606 |
| (B) Before undertaking the construction or reconstruction of | 54607 |
| a township road, the board shall cause to be made by the county | 54608 |
| engineer an estimate of the cost of the work, which estimate shall | 54609 |
| include labor, material, freight, fuel, hauling, use of machinery | 54610 |
| and equipment, and all other items of cost. If the board finds it | 54611 |
| in the best interest of the public, it may, in lieu of | 54612 |
| constructing the road by contract, proceed to construct the road | 54613 |
| by force account. Except as otherwise provided under sections | 54614 |
| 505.08 and 505.101 of the Revised Code, where the total estimate | 54615 |
| cost of the work exceeds fifteen thousand dollars or the adjusted | 54616 |
| amount certified under section 117.162 of the Revised Code per | 54617 |
| mile, the board shall invite and receive competitive bids for | 54618 |
| furnishing all the labor, materials, and equipment and doing the | 54619 |
| work, as provided in section 5575.02 of the Revised Code, and | 54620 |
| shall consider and reject them before ordering the work done by | 54621 |
| force account. When such bids are received, considered, and | 54622 |
| rejected, and the work is done by force account, the work shall be | 54623 |
| performed in compliance with the plans and specifications upon | 54624 |
| which the bids were based. | 54625 |
| (C) Force account assessment forms are not required under | 54626 |
| division (A) of this section for road maintenance or repair | 54627 |
| projects of less than fifteen thousand dollars or the adjusted | 54628 |
| amount certified under section 117.162 of the Revised Code, or | 54629 |
| under division (B) of this section for road construction or | 54630 |
| reconstruction projects of less than five thousand dollars or the | 54631 |
| adjusted amount certified under section 117.162 of the Revised | 54632 |
| Code per mile. | 54633 |
| (D) All force account work under this section shall be done | 54634 |
| under the direction of a member of the board or the township road | 54635 |
| superintendent. | 54636 |
| Sec. 5701.03. As used in Title LVII of the Revised Code: | 54637 |
| (A) "Personal property" includes every tangible thing that is | 54638 |
| the subject of ownership, whether animate or inanimate, including | 54639 |
| a business fixture, and that does not constitute real property as | 54640 |
| defined in section 5701.02 of the Revised Code. "Personal | 54641 |
| property" also includes every share, portion, right, or interest, | 54642 |
| either legal or equitable, in and to every ship, vessel, or boat, | 54643 |
| used or designed to be used in business either exclusively or | 54644 |
| partially in navigating any of the waters within or bordering on | 54645 |
| this state, whether such ship, vessel, or boat is within the | 54646 |
| jurisdiction of this state or elsewhere. "Personal property" does | 54647 |
| not include money as defined in section 5701.04 of the Revised | 54648 |
| Code, motor vehicles registered by the owner thereof, electricity, | 54649 |
| or, for purposes of any tax levied on personal property before tax | 54650 |
| year 2006, patterns, jigs, dies, or drawings that are held for use | 54651 |
| and not for sale in the ordinary course of business, except to the | 54652 |
| extent that the value of the electricity, patterns, jigs, dies, or | 54653 |
| drawings is included in the valuation of inventory produced for | 54654 |
| sale. | 54655 |
| (B) "Business fixture" means an item of tangible personal | 54656 |
| property that has become permanently attached or affixed to the | 54657 |
| land or to a building, structure, or improvement, and that | 54658 |
| primarily benefits the business conducted by the occupant on the | 54659 |
| premises and not the realty. "Business fixture" includes, but is | 54660 |
| not limited to, machinery, equipment, signs, storage bins and | 54661 |
| tanks, whether above or below ground, and broadcasting, | 54662 |
| transportation, transmission, and distribution systems, whether | 54663 |
| above or below ground. "Business fixture" also means those | 54664 |
| portions of buildings, structures, and improvements that are | 54665 |
| specially designed, constructed, and used for the business | 54666 |
| conducted in the building, structure, or improvement, including, | 54667 |
| but not limited to, foundations and supports for machinery and | 54668 |
| equipment. "Business fixture" does not include fixtures that are | 54669 |
| common to buildings, including, but not limited to, heating, | 54670 |
| ventilation, and air conditioning systems primarily used to | 54671 |
| control the environment for people or animals, tanks, towers, and | 54672 |
| lines for potable water or water for fire control, electrical and | 54673 |
| communication lines, and other fixtures that primarily benefit the | 54674 |
| realty and not the business conducted by the occupant on the | 54675 |
| premises. | 54676 |
| Sec. 5703.052. (A) There is hereby created in the state | 54677 |
| treasury the tax refund fund, from which refunds shall be paid for | 54678 |
| taxes illegally or erroneously assessed or collected, or for any | 54679 |
| other reason overpaid, that are levied by Chapter 4301., 4305., | 54680 |
| 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748., | 54681 |
| 5749., or
| 54682 |
| 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 | 54683 |
| of the Revised Code. Refunds for fees illegally or erroneously | 54684 |
| assessed or collected, or for any other reason overpaid, that are | 54685 |
| levied by sections 3734.90 to 3734.9014 of the Revised Code also | 54686 |
| shall be paid from the fund. However, refunds for taxes levied | 54687 |
| under section 5739.101 of the Revised Code shall not be paid from | 54688 |
| the tax refund fund, but shall be paid as provided in section | 54689 |
| 5739.104 of the Revised Code. | 54690 |
| (B)(1) Upon certification by the tax commissioner to the | 54691 |
| treasurer of state of a tax refund or fee refund, or by the | 54692 |
| superintendent of insurance of a domestic or foreign insurance tax | 54693 |
| refund, the treasurer of state shall place the amount certified to | 54694 |
| the credit of the fund. The certified amount transferred shall be | 54695 |
| derived from current receipts of the same tax or the fee from | 54696 |
| which the refund arose. If current receipts from the tax or fee | 54697 |
| from which the refund arose are inadequate to make the transfer of | 54698 |
| the amount so certified, the treasurer of state shall transfer | 54699 |
| such certified amount from current receipts of the sales tax | 54700 |
| levied by section 5739.02 of the Revised Code. | 54701 |
| (2) When the treasurer of state provides for the payment of a | 54702 |
| refund of a tax or fee from the current receipts of the sales tax, | 54703 |
| and the refund is for a tax or fee that is not levied by the | 54704 |
| state, the tax commissioner shall recover the amount of that | 54705 |
| refund from the next distribution of that tax or fee that | 54706 |
| otherwise would be made to the taxing jurisdiction. If the amount | 54707 |
| to be recovered would exceed twenty-five per cent of the next | 54708 |
| distribution of that tax or fee, the commissioner may spread the | 54709 |
| recovery over more than one future distribution, taking into | 54710 |
| account the amount to be recovered and the amount of the | 54711 |
| anticipated future distributions. In no event may the commissioner | 54712 |
| spread the recovery over a period to exceed twenty-four months. | 54713 |
| Sec. 5703.053. As used in this section, "postal service" | 54714 |
| means the United States postal service. | 54715 |
| An application to the tax commissioner for a tax refund under | 54716 |
| section 4307.05, 4307.07, 5727.28, 5727.91, 5728.061, 5735.122, | 54717 |
| 5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, | 54718 |
|
5743.53,
5745.11,
5749.08, or | 54719 |
| or division (B) of section 5703.05 of the Revised Code, or a fee | 54720 |
| refunded under section 3734.905 of the Revised Code, that is | 54721 |
| received after the last day for filing under such section shall be | 54722 |
| considered to have been filed in a timely manner if: | 54723 |
| (A) The application is delivered by the postal service and | 54724 |
| the earliest postal service postmark on the cover in which the | 54725 |
| application is enclosed is not later than the last day for filing | 54726 |
| the application; | 54727 |
| (B) The application is delivered by the postal service, the | 54728 |
| only postmark on the cover in which the application is enclosed | 54729 |
| was affixed by a private postal meter, the date of that postmark | 54730 |
| is not later than the last day for filing the application, and the | 54731 |
| application is received within seven days of such last day; or | 54732 |
| (C) The application is delivered by the postal service, no | 54733 |
| postmark date was affixed to the cover in which the application is | 54734 |
| enclosed or the date of the postmark so affixed is not legible, | 54735 |
| and the application is received within seven days of the last day | 54736 |
| for making the application. | 54737 |
| Sec. 5703.057. (A) For the efficient administration of the | 54738 |
| taxes and fees administered by the tax commissioner, the | 54739 |
| commissioner may require that any person filing a tax document | 54740 |
| with the department of taxation provide identifying information, | 54741 |
| which may include the person's social security number, federal | 54742 |
| employer identification number, or other identification number | 54743 |
| requested by the commissioner. A person required by the | 54744 |
| commissioner to provide identifying information who has | 54745 |
| experienced any change with respect to that information shall | 54746 |
| notify the commissioner of the change prior to, or upon, filing | 54747 |
| the next tax document requiring such identifying information. | 54748 |
| (B) When transmitting or otherwise making use of a tax | 54749 |
| document that contains a person's social security number, the | 54750 |
| commissioner shall take all reasonable measures necessary to | 54751 |
| ensure that the number is not capable of being viewed by the | 54752 |
| general public, including, when necessary, masking the number so | 54753 |
| that it is not readily discernible by the general public. | 54754 |
| (C)(1) If the commissioner makes a request for identifying | 54755 |
| information and the commissioner does not receive valid | 54756 |
| identifying information within thirty days of making the request, | 54757 |
| the commissioner may impose a penalty upon the person to whom the | 54758 |
| request was directed of up to one hundred dollars. If, after the | 54759 |
| expiration of this thirty day period, the commissioner makes one | 54760 |
| or more subsequent requests for identifying information and the | 54761 |
| person to whom the subsequent request is directed fails to provide | 54762 |
| valid identifying information within thirty days of the | 54763 |
| commissioner's subsequent request, the commissioner may impose an | 54764 |
| additional penalty of up to two hundred dollars for each | 54765 |
| subsequent request not complied with in a timely fashion. | 54766 |
| (2) If a person required by the commissioner to provide | 54767 |
| identifying information does not notify the commissioner of a | 54768 |
| change with respect to that information as required under division | 54769 |
| (A) of this section within thirty days after filing the next tax | 54770 |
| document requiring such identifying information, the commissioner | 54771 |
| may impose a penalty of up to fifty dollars. | 54772 |
| (3) The penalties provided for under divisions (C)(1) and (2) | 54773 |
| of this section may be billed and assessed in the same manner as | 54774 |
| the tax or fee with respect to which the identifying information | 54775 |
| is sought and are in addition to any applicable criminal penalties | 54776 |
| described in division (D) of this section and any other penalties | 54777 |
| that may be imposed by the commissioner by law. | 54778 |
| (D) Section 5703.26 of the Revised Code applies with respect | 54779 |
| to false or fraudulent identifying information provided by a | 54780 |
| person to the commissioner under this section. | 54781 |
| Sec. 5703.47. (A) As used in this section, "federal | 54782 |
| short-term rate" means the rate of the average market yield on | 54783 |
| outstanding marketable obligations of the United States with | 54784 |
| remaining periods to maturity of three years or less, as | 54785 |
| determined under section 1274 of the "Internal Revenue Code of | 54786 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1274, for July of the current | 54787 |
| year. | 54788 |
| (B) On the fifteenth day of October of each year, the tax | 54789 |
| commissioner shall determine the federal short-term rate. For | 54790 |
| purposes of any section of the Revised Code requiring interest to | 54791 |
| be computed at the rate per annum required by this section, the | 54792 |
| rate determined by the commissioner under this section, rounded to | 54793 |
| the nearest whole number per cent, plus three per cent, shall be | 54794 |
| the interest rate per annum used in making the computation for | 54795 |
| interest that accrues during the following calendar year. For the | 54796 |
| purposes of sections 5719.041 and 5731.23 of the Revised Code, | 54797 |
| references to the "federal short-term rate" are references to the | 54798 |
| federal short-term rate as determined by the tax commissioner | 54799 |
| under this section rounded to the nearest whole number per cent. | 54800 |
| (C) Within ten days after the interest rate per annum is | 54801 |
| determined under this section, the tax commissioner shall notify | 54802 |
| the auditor of each county in writing of that rate of interest. | 54803 |
| Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the | 54804 |
| Revised Code: | 54805 |
| (A) "Tax" includes only those taxes imposed on tangible | 54806 |
| personal property listed in accordance with Chapter 5711. of the | 54807 |
| Revised Code and taxes imposed under Chapters 5733., 5739., 5741., | 54808 |
| 54809 |
| (B) "Taxpayer" means a person subject to or potentially | 54810 |
| subject to a tax including an employer required to deduct and | 54811 |
| withhold any amount under section 5747.06 of the Revised Code. | 54812 |
| (C) "Audit" means the examination of a taxpayer or the | 54813 |
| inspection of the books, records, memoranda, or accounts of a | 54814 |
| taxpayer for the purpose of determining liability for a tax. | 54815 |
| (D) "Assessment" means a notice of underpayment or nonpayment | 54816 |
| of a tax issued pursuant to section 5711.26, 5711.32, 5733.11, | 54817 |
| 5739.13, 5741.11, 5741.13, | 54818 |
| Code. | 54819 |
| (E) "County auditor" means the auditor of the county in which | 54820 |
| the tangible personal property subject to a tax is located. | 54821 |
| Sec. 5703.70. (A) On the filing of an application for refund | 54822 |
| under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91, | 54823 |
| 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, | 54824 |
| 5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53, | 54825 |
| 54826 | |
| compensation under section 5739.123 of the Revised Code, if the | 54827 |
| tax commissioner determines that the amount of the refund or | 54828 |
| compensation to which the applicant is entitled is less than the | 54829 |
| amount claimed in the application, the commissioner shall give the | 54830 |
| applicant written notice by ordinary mail of the amount. The | 54831 |
| notice shall be sent to the address shown on the application | 54832 |
| unless the applicant notifies the commissioner of a different | 54833 |
| address. The applicant shall have sixty days from the date the | 54834 |
| commissioner mails the notice to provide additional information to | 54835 |
| the commissioner or request a hearing, or both. | 54836 |
| (B) If the applicant neither requests a hearing nor provides | 54837 |
| additional information to the tax commissioner within the time | 54838 |
| prescribed by division (A) of this section, the commissioner shall | 54839 |
| take no further action, and the refund amount or compensation | 54840 |
| amount denied becomes final. | 54841 |
| (C)(1) If the applicant requests a hearing within the time | 54842 |
| prescribed by division (A) of this section, the tax commissioner | 54843 |
| shall assign a time and place for the hearing and notify the | 54844 |
| applicant of such time and place, but the commissioner may | 54845 |
| continue the hearing from time to time as necessary. After the | 54846 |
| hearing, the commissioner may make such adjustments to the refund | 54847 |
| or compensation as the commissioner finds proper, and shall issue | 54848 |
| a final determination thereon. | 54849 |
| (2) If the applicant does not request a hearing, but provides | 54850 |
| additional information, within the time prescribed by division (A) | 54851 |
| of this section, the commissioner shall review the information, | 54852 |
| make such adjustments to the refund or compensation as the | 54853 |
| commissioner finds proper, and issue a final determination | 54854 |
| thereon. | 54855 |
| (3) The commissioner shall serve a copy of the final | 54856 |
| determination made under division (C)(1) or (2) of this section on | 54857 |
| the applicant in the manner provided in section 5703.37 of the | 54858 |
| Revised Code, and the decision is final, subject to appeal under | 54859 |
| section 5717.02 of the Revised Code. | 54860 |
| (D) The tax commissioner shall certify to the director of | 54861 |
| budget and management and treasurer of state for payment from the | 54862 |
| tax refund fund created by section 5703.052 of the Revised Code, | 54863 |
| the amount of the refund to be refunded under division (B) or (C) | 54864 |
| of this section. The commissioner also shall certify to the | 54865 |
| director and treasurer of state for payment from the general | 54866 |
| revenue fund the amount of compensation to be paid under division | 54867 |
| (B) or (C) of this section. | 54868 |
| Sec. 5703.80. There is hereby created in the state treasury | 54869 |
| the property tax administration fund. All money to the credit of | 54870 |
| the fund shall be used to defray the costs incurred by the | 54871 |
| department of taxation in administering the taxation of property | 54872 |
| and the equalization of real property valuation. | 54873 |
| Each fiscal year between the first and fifteenth days of | 54874 |
| July, the tax commissioner shall compute the following amounts for | 54875 |
| the property in each taxing district in each county, and certify | 54876 |
| to the director of budget and management the sum of those amounts | 54877 |
| for all taxing districts in all counties: | 54878 |
|
(A) | 54879 |
| hundredths of one per cent of the total amount by which taxes | 54880 |
| charged against real property on the general tax list of real and | 54881 |
| public utility property were reduced under section 319.302 of the | 54882 |
| Revised Code for the preceding tax year; | 54883 |
|
(B) | 54884 |
| thirty-five hundredths of one per cent of the total amount by | 54885 |
| which taxes charged against real property on the general tax list | 54886 |
| of real and public utility property were reduced under section | 54887 |
| 319.302 of the Revised Code for the preceding tax year; | 54888 |
| (C) For fiscal year 2006, one-half of one per cent of the | 54889 |
| total amount of taxes charged and payable against public utility | 54890 |
| personal property on the general tax list of real and public | 54891 |
| utility property for the preceding tax year and of the total | 54892 |
| amount of taxes charged and payable against tangible personal | 54893 |
| property on the general tax list of personal property of the | 54894 |
| preceding tax year and for which returns were filed with the tax | 54895 |
| commissioner under section 5711.13 of the Revised Code; | 54896 |
| | 54897 |
| hundredths of one per cent of the total amount of taxes charged | 54898 |
| and payable against public utility personal property on the | 54899 |
| general tax list of real and public utility property for the | 54900 |
| preceding tax year and of the total amount of taxes charged and | 54901 |
| payable against tangible personal property on the general tax list | 54902 |
| of personal property of the preceding tax year and for which | 54903 |
| returns were filed with the tax commissioner under section 5711.13 | 54904 |
| of the Revised Code; | 54905 |
| (E) For fiscal year 2008 and thereafter, six-tenths of one | 54906 |
| per cent of the total amount of taxes charged and payable against | 54907 |
| public utility personal property on the general tax list of real | 54908 |
| and public utility property for the preceding tax year and of the | 54909 |
| total amount of taxes charged and payable against tangible | 54910 |
| personal property on the general tax list of personal property of | 54911 |
| the preceding tax year and for which returns were filed with the | 54912 |
| tax commissioner under section 5711.13 of the Revised Code. | 54913 |
| After receiving the tax commissioner's certification, the | 54914 |
| director of budget and management shall transfer from the general | 54915 |
| revenue fund to the property tax administration fund one-fourth of | 54916 |
| the amount certified on or before each of the following days: the | 54917 |
| first days of August, November, February, and May. | 54918 |
| On or before the thirtieth day of June of the fiscal year, | 54919 |
| the tax commissioner shall certify to the director of budget and | 54920 |
| management the sum of the amounts by which the amounts computed | 54921 |
| for a taxing district under | 54922 |
| section exceeded the distributions to the taxing district under | 54923 |
| division (F) of section 321.24 of the Revised Code, and the | 54924 |
| director shall transfer that sum from the property tax | 54925 |
| administration fund to the general revenue fund. | 54926 |
| Sec. 5705.02. The aggregate amount of taxes that may be | 54927 |
| levied on any taxable property in any subdivision or other taxing | 54928 |
| unit shall not in any one year exceed ten mills on each dollar of | 54929 |
| tax valuation of such subdivision or other taxing unit, except for | 54930 |
| taxes specifically authorized to be levied in excess thereof. The | 54931 |
| limitation provided by this section shall be known as the | 54932 |
|
"ten-mill limitation | 54933 |
| taxes authorized pursuant to section 5705.219 of the Revised Code, | 54934 |
| wherever said term is used in the Revised Code, it refers to and | 54935 |
| includes both the limitation imposed by this section and the | 54936 |
| limitation imposed by Section 2 of Article XII, Ohio Constitution. | 54937 |
| Sec. 5705.091. The board of county commissioners of each | 54938 |
| county shall establish a county mental retardation and | 54939 |
| developmental disabilities general fund. Notwithstanding sections | 54940 |
| 5705.09 and 5705.10 of the Revised Code, proceeds from levies | 54941 |
| under section 5705.222 and division (L) of section 5705.19 of the | 54942 |
| Revised Code shall be deposited to the credit of the county mental | 54943 |
| retardation and developmental disabilities general fund. Accounts | 54944 |
| shall be established within the county mental retardation and | 54945 |
| developmental disabilities general fund for each of the several | 54946 |
| particular purposes of the levies as specified in the resolutions | 54947 |
| under which the levies were approved, and proceeds from different | 54948 |
| levies that were approved for the same particular purpose shall be | 54949 |
| credited to accounts for that purpose. Other money received by the | 54950 |
| county for the purposes of Chapters 3323. and 5126. of the Revised | 54951 |
| Code and not required by state or federal law to be deposited to | 54952 |
| the credit of a different fund shall also be deposited to the | 54953 |
| credit of the county mental retardation and developmental | 54954 |
| disabilities general fund, in an account appropriate to the | 54955 |
| particular purpose for which the money was received. Unless | 54956 |
| otherwise provided by law, an unexpended balance at the end of a | 54957 |
| fiscal year in any account in the county mental retardation and | 54958 |
| developmental disabilities general fund shall be appropriated the | 54959 |
| next fiscal year to the same fund. | 54960 |
| A county board of mental retardation and developmental | 54961 |
| disabilities may request, by resolution, that the board of county | 54962 |
| commissioners establish a county mental retardation and | 54963 |
| developmental disabilities capital fund for money to be used for | 54964 |
| acquisition, construction, or improvement of capital facilities or | 54965 |
| acquisition of capital equipment used in providing services to | 54966 |
| mentally retarded and developmentally disabled persons. The county | 54967 |
| board of mental retardation and developmental disabilities shall | 54968 |
| transmit a certified copy of the resolution to the board of county | 54969 |
| commissioners. Upon receiving the resolution, the board of county | 54970 |
| commissioners shall establish a county mental retardation and | 54971 |
| developmental disabilities capital fund. | 54972 |
| A county board shall request, by resolution, that the board | 54973 |
| of county commissioners establish a county MR/DD medicaid reserve | 54974 |
| fund. On receipt of the resolution, the board of county | 54975 |
| commissioners shall establish a county MR/DD medicaid reserve | 54976 |
| fund. The portion of federal revenue funds that the county board | 54977 |
|
earns for providing | 54978 |
|
management services | 54979 |
| needed for the county board to pay for extraordinary costs, | 54980 |
| including extraordinary costs for services to individuals with | 54981 |
| mental retardation or other developmental disability, and ensure | 54982 |
| the availability of adequate funds in the event a county property | 54983 |
| tax levy for services for individuals with mental retardation or | 54984 |
| other developmental disability fails shall be deposited into the | 54985 |
| fund. The county board shall use money in the fund for those | 54986 |
| purposes in accordance with rules adopted under section 5123.0413 | 54987 |
| of the Revised Code. | 54988 |
| Sec. 5705.214. Not more than three elections during any | 54989 |
| calendar year shall include the questions by a school district of | 54990 |
| tax levies proposed under any one or any combination of the | 54991 |
| following sections: sections 5705.194, 5705.21, 5705.212, | 54992 |
|
5705.213, 5705.217,
| 54993 |
| Code. | 54994 |
| Sec. 5705.219. (A)(1) The board of education of a city, | 54995 |
| local, or exempted village school district may adopt a resolution, | 54996 |
| by a vote of two-thirds of all of the members of the board, | 54997 |
| proposing to levy an additional tax within the one per cent | 54998 |
| limitation for one of the purposes specified under division (A) or | 54999 |
| (F) of section 5705.19 of the Revised Code or for the purpose of | 55000 |
| general, ongoing permanent improvements. A board of education | 55001 |
| shall not propose to levy a tax pursuant to this section at a rate | 55002 |
| that, when added to the rates of any other taxes levied pursuant | 55003 |
| to this section, would cause the aggregate rate of such taxes for | 55004 |
| any tax year to exceed eight mills per dollar of the taxable value | 55005 |
| of taxable property in the school district. A resolution adopted | 55006 |
| under this section may propose to renew an existing tax imposed | 55007 |
| pursuant to this section for the same purpose, or may propose, as | 55008 |
| a single question, to authorize a tax under this paragraph to | 55009 |
| replace one or more existing taxes being levied for the same | 55010 |
| purpose in excess of the ten-mill limitation pursuant to section | 55011 |
| 5705.21 of the Revised Code. For the purposes of sections 133.01, | 55012 |
| 319.301, 5705.02, 5705.04, 5705.06, 5705.07, 5705.29, 5705.31, | 55013 |
| 5705.34, 5705.51, and any other section of the Revised Code | 55014 |
| respecting the classification of tax levies according to | 55015 |
| limitations on the rate, a tax authorized pursuant to this section | 55016 |
| is in excess of the ten-mill limitation but is not in excess of | 55017 |
| the one per cent limitation imposed by Section 2 of Article XII, | 55018 |
| Ohio Constitution. | 55019 |
| (2) The board shall specify in the resolution that the taxes | 55020 |
| charged and payable against carryover property, as defined in | 55021 |
| section 319.301 of the Revised Code, in each of the classes of | 55022 |
| real property classified under section 5713.041 of the Revised | 55023 |
| Code shall not increase from one year to the next year by more | 55024 |
| than a percentage specified in the resolution, which shall be not | 55025 |
| more than four per cent. The percentage shall be the same for each | 55026 |
| class of real property. | 55027 |
| (3) The resolution shall be confined to a single purpose and | 55028 |
| shall specify the amount of the increase in rate, the purpose of | 55029 |
| the increase, the percentage specified under division (A)(2) of | 55030 |
| this section, and the number of years during which the increase | 55031 |
| shall be in effect. The number of years may be any number not | 55032 |
| exceeding seven. If the resolution proposes to levy a tax to | 55033 |
| replace one or more existing taxes, the resolution also shall | 55034 |
| specify the rate of each existing tax proposed to be replaced. A | 55035 |
| tax levied to replace one or more existing taxes shall not be | 55036 |
| levied on the current tax lists and duplicates but shall first be | 55037 |
| levied on the tax lists and duplicates for the tax year succeeding | 55038 |
| the date of the election at which the tax is approved. The | 55039 |
| existing taxes proposed to be replaced shall be repealed effective | 55040 |
| on the first day of January next succeeding the election. The | 55041 |
| resolution shall specify the date for holding the election, which | 55042 |
| shall not be earlier than seventy-five days after the adoption and | 55043 |
| certification of such resolution and which shall be consistent | 55044 |
| with the requirements of section 3501.01 of the Revised Code. | 55045 |
| (4) The resolution shall go into immediate effect upon its | 55046 |
| passage, and no publication of the resolution shall be necessary | 55047 |
| other than that provided for in the notice of election. | 55048 |
| Publication of notice of the election shall be made in one or more | 55049 |
| newspapers of general circulation in the county once a week for | 55050 |
| four consecutive weeks. | 55051 |
| (B) A copy of a resolution adopted under division (A) of this | 55052 |
| section shall be certified by the board of education to the board | 55053 |
| of elections of the proper county not less than seventy-five days | 55054 |
| before the election specified in the resolution, and the board of | 55055 |
| elections shall submit the proposal to the electors of the school | 55056 |
| district at that election. The board of elections shall make the | 55057 |
| necessary arrangements for the submission of the question to the | 55058 |
| electors of the school district, and the election shall be | 55059 |
| conducted, canvassed, and certified in the same manner as regular | 55060 |
| elections in the school district for the election of officers. | 55061 |
| Notice of the election shall be published in a newspaper of | 55062 |
| general circulation in the school district once a week for four | 55063 |
| consecutive weeks prior to the election, stating the purpose, the | 55064 |
| proposed increase in rate, expressed in dollars and cents for each | 55065 |
| one hundred dollars of valuation as well as in mills for each one | 55066 |
| dollar of valuation, the number of years during which such | 55067 |
| increase will be in effect, and the time and place of the | 55068 |
| election. The notice also shall include the following statement, | 55069 |
| or a statement of substantially similar meaning: "if the levy is | 55070 |
| approved by the electors, the total amount of taxes charged by the | 55071 |
| levy against real property in the school district will not | 55072 |
| increase by more than ....... (here insert the percentage | 55073 |
| specified pursuant to division (A)(2) of this section) each year, | 55074 |
| except for increases arising from real property newly added to the | 55075 |
| school district tax lists." | 55076 |
| The form of the ballots cast at an election held pursuant to | 55077 |
| this section shall be as follows: | 55078 |
| "A tax for the benefit of ............... (name of school | 55079 |
| district) for the purpose of .......... (purpose stated in the | 55080 |
| resolution) at a rate not exceeding ....... mills for each one | 55081 |
| dollar of valuation, which amounts to ........ (rate expressed in | 55082 |
| dollars and cents) for each one hundred dollars of valuation, for | 55083 |
| .......... (number of years the levy is to run). If the levy is | 55084 |
| approved by the electors, the total amount of taxes charged by the | 55085 |
| levy against real property in the school district will not | 55086 |
| increase by more than ....... (here insert the percentage | 55087 |
| specified pursuant to division (A)(2) of this section) each year, | 55088 |
| except for increases arising from real property newly added to the | 55089 |
| school district tax lists. | 55090 |
| For the tax levy | 55091 | ||||
| Against the tax levy | " | 55092 |
| If the question submitted is a proposal to renew an existing | 55093 |
| levy imposed pursuant to this section, the form of the ballot | 55094 |
| specified in this division shall be changed by substituting for | 55095 |
| the words "A tax" at the beginning of the form the words "A | 55096 |
| renewal of a tax." If the question submitted is a proposal to | 55097 |
| replace one or more existing taxes, the form of the ballot shall | 55098 |
| be changed by adding at the end of the first sentence "to replace | 55099 |
| an existing tax currently authorized to be levied at a rate of | 55100 |
| ...... mills for each one dollar of valuation." If more than one | 55101 |
| existing tax is proposed to be replaced, the form shall be | 55102 |
| modified accordingly, indicating the rate at which each existing | 55103 |
| tax is authorized to be levied. | 55104 |
| The question covered by the resolution shall be submitted as | 55105 |
| a separate proposition but may be printed on the same ballot with | 55106 |
| any other proposition submitted at the same election, other than | 55107 |
| the election of officers. | 55108 |
| If a majority of electors voting on the question vote in | 55109 |
| favor of the tax, the result of the election shall be certified to | 55110 |
| the tax commissioner. In the first year of the levy, it shall be | 55111 |
| extended on the tax lists after the February settlement next | 55112 |
| succeeding the election. If the tax is to be placed upon the tax | 55113 |
| list of the current year, as specified in the resolution providing | 55114 |
| for its submission, the result of the election shall be certified | 55115 |
| immediately after the canvass by the board of elections to the | 55116 |
| board of education, which shall forthwith make the necessary levy | 55117 |
| and certify it to the county auditor, who shall extend it on the | 55118 |
| tax lists for collection. After the first year, the tax levy shall | 55119 |
| be included in the annual tax budget that is certified to the | 55120 |
| county budget commission. | 55121 |
| If a majority of the electors voting on the question vote in | 55122 |
| favor of the levy, the board of education may forthwith make the | 55123 |
| necessary levy within the school district at the additional rate, | 55124 |
| or at any lesser rate, for the purpose stated in the resolution. | 55125 |
| The levy shall be included in the next tax budget that is | 55126 |
| certified to the county budget commission. | 55127 |
| (C)(1) After the approval of a levy on the current tax list | 55128 |
| and duplicate for current expenses and before the first tax | 55129 |
| collection from such levy can be made, the board of education may | 55130 |
| anticipate a fraction of the proceeds of the levy and issue | 55131 |
| anticipation notes in a principal amount not exceeding fifty per | 55132 |
| cent of the total estimated proceeds of the levy to be collected | 55133 |
| during the first year of the levy. | 55134 |
| (2) After the approval of a levy for permanent improvements | 55135 |
| or for general, ongoing permanent improvements, the board of | 55136 |
| education may anticipate a fraction of the proceeds of the levy | 55137 |
| and issue anticipation notes in a principal amount not exceeding | 55138 |
| fifty per cent of the total estimated proceeds of the levy | 55139 |
| remaining to be collected in each year over a period of five years | 55140 |
| after the year in which the notes are issued. | 55141 |
| (3) The notes shall be issued as provided in section 133.24 | 55142 |
| of the Revised Code, shall have principal payments during each | 55143 |
| year after the year of their issuance over a period not to exceed | 55144 |
| five years, and may have a principal payment in the year of their | 55145 |
| issuance. | 55146 |
| Sec. 5705.29. This section does not apply to a subdivision or | 55147 |
| taxing unit for which the county budget commission has waived the | 55148 |
| requirement to adopt a tax budget pursuant to section 5705.281 of | 55149 |
| the Revised Code. The tax budget shall present the following | 55150 |
| information in such detail as is prescribed by the auditor of | 55151 |
| state: | 55152 |
| (A)(1) A statement of the necessary current operating | 55153 |
| expenses for the ensuing fiscal year for each department and | 55154 |
| division of the subdivision, classified as to personal services | 55155 |
| and other expenses, and the fund from which such expenditures are | 55156 |
| to be made. Except in the case of a school district, this estimate | 55157 |
| may include a contingent expense not designated for any particular | 55158 |
| purpose, and not to exceed three per cent of the total amount of | 55159 |
| appropriations for current expenses. In the case of a school | 55160 |
| district, this estimate may include a contingent expense not | 55161 |
| designated for any particular purpose and not to exceed thirteen | 55162 |
| per cent of the total amount of appropriations for current | 55163 |
| expenses. | 55164 |
| (2) A statement of the expenditures for the ensuing fiscal | 55165 |
| year necessary for permanent improvements, exclusive of any | 55166 |
| expense to be paid from bond issues, classified as to the | 55167 |
| improvements contemplated by the subdivision and the fund from | 55168 |
| which such expenditures are to be made; | 55169 |
| (3) The amounts required for the payment of final judgments; | 55170 |
| (4) A statement of expenditures for the ensuing fiscal year | 55171 |
| necessary for any purpose for which a special levy is authorized, | 55172 |
| and the fund from which such expenditures are to be made; | 55173 |
| (5) Comparative statements, so far as possible, in parallel | 55174 |
| columns of corresponding items of expenditures for the current | 55175 |
| fiscal year and the two preceding fiscal years. | 55176 |
| (B)(1) An estimate of receipts from other sources than the | 55177 |
| general property tax during the ensuing fiscal year, which shall | 55178 |
| include an estimate of unencumbered balances at the end of the | 55179 |
| current fiscal year, and the funds to which such estimated | 55180 |
| receipts are credited; | 55181 |
| (2) The amount each fund requires from the general property | 55182 |
| tax, which shall be the difference between the contemplated | 55183 |
| expenditure from the fund and the estimated receipts, as provided | 55184 |
| in this section. The section of the Revised Code under which the | 55185 |
| tax is authorized shall be set forth. | 55186 |
| (3) Comparative statements, so far as possible, in parallel | 55187 |
| columns of taxes and other revenues for the current fiscal year | 55188 |
| and the two preceding fiscal years. | 55189 |
| (C)(1) The amount required for debt charges; | 55190 |
| (2) The estimated receipts from sources other than the tax | 55191 |
| levy for payment of such debt charges, including the proceeds of | 55192 |
| refunding bonds to be issued to refund bonds maturing in the next | 55193 |
| succeeding fiscal year; | 55194 |
| (3) The net amount for which a tax levy shall be made, | 55195 |
| classified as to bonds authorized and issued prior to January 1, | 55196 |
| 1922, and those authorized and issued subsequent to such date, and | 55197 |
| as to what portion of the levy will be within and what in excess | 55198 |
| of the ten-mill limitation. | 55199 |
| (D) An estimate of amounts from taxes authorized to be levied | 55200 |
| in excess of the ten-mill limitation on the tax rate, and the fund | 55201 |
| to which such amounts will be credited, together with the sections | 55202 |
| of the Revised Code under which each such tax is exempted from all | 55203 |
| limitations on the tax rate. | 55204 |
| (E)(1) A board of education may include in its budget for the | 55205 |
| fiscal year in which a levy proposed under section 5705.219, | 55206 |
| 5705.194, 5705.21, or 5705.213, or the original levy under section | 55207 |
| 5705.212 of the Revised Code is first extended on the tax list and | 55208 |
| duplicate an estimate of expenditures to be known as a voluntary | 55209 |
| contingency reserve balance, which shall not be greater than | 55210 |
| twenty-five per cent of the total amount of the levy estimated to | 55211 |
| be available for appropriation in such year. | 55212 |
| (2) A board of education may include in its budget for the | 55213 |
| fiscal year following the year in which a levy proposed under | 55214 |
| section 5705.219, 5705.194, 5705.21, or 5705.213, or the original | 55215 |
| levy under section 5705.212 of the Revised Code is first extended | 55216 |
| on the tax list and duplicate an estimate of expenditures to be | 55217 |
| known as a voluntary contingency reserve balance, which shall not | 55218 |
| be greater than twenty per cent of the amount of the levy | 55219 |
| estimated to be available for appropriation in such year. | 55220 |
| (3) Except as provided in division (E)(4) of this section, | 55221 |
| the full amount of any reserve balance the board includes in its | 55222 |
| budget shall be retained by the county auditor and county | 55223 |
| treasurer out of the first semiannual settlement of taxes until | 55224 |
| the beginning of the next succeeding fiscal year, and thereupon, | 55225 |
| with the depository interest apportioned thereto, it shall be | 55226 |
| turned over to the board of education, to be used for the purposes | 55227 |
| of such fiscal year. | 55228 |
| (4) A board of education, by a two-thirds vote of all members | 55229 |
| of the board, may appropriate any amount withheld as a voluntary | 55230 |
| contingency reserve balance during the fiscal year for any lawful | 55231 |
| purpose, provided that prior to such appropriation the board of | 55232 |
| education has authorized the expenditure of all amounts | 55233 |
| appropriated for contingencies under section 5705.40 of the | 55234 |
| Revised Code. Upon request by the board of education, the county | 55235 |
| auditor shall draw a warrant on the district's account in the | 55236 |
| county treasury payable to the district in the amount requested. | 55237 |
| (F)(1) A board of education may include a spending reserve in | 55238 |
| its budget for fiscal years ending on or before June 30, 2002. The | 55239 |
| spending reserve shall consist of an estimate of expenditures not | 55240 |
| to exceed the district's spending reserve balance. A district's | 55241 |
| spending reserve balance is the amount by which the designated | 55242 |
| percentage of the district's estimated personal property taxes to | 55243 |
| be settled during the calendar year in which the fiscal year ends | 55244 |
| exceeds the estimated amount of personal property taxes to be so | 55245 |
| settled and received by the district during that fiscal year. | 55246 |
| Moneys from a spending reserve shall be appropriated in accordance | 55247 |
| with section 133.301 of the Revised Code. | 55248 |
| (2) For the purposes of computing a school district's | 55249 |
| spending reserve balance for a fiscal year, the designated | 55250 |
| percentage shall be as follows: | 55251 |
| Fiscal year ending in: | Designated percentage | 55252 | |
| 1998 | 50% | 55253 | |
| 1999 | 40% | 55254 | |
| 2000 | 30% | 55255 | |
| 2001 | 20% | 55256 | |
| 2002 | 10% | 55257 |
| (G) Except as otherwise provided in this division, the county | 55258 |
| budget commission shall not reduce the taxing authority of a | 55259 |
| subdivision as a result of the creation of a reserve balance | 55260 |
| account. Except as otherwise provided in this division, the county | 55261 |
| budget commission shall not consider the amount in a reserve | 55262 |
| balance account of a township, county, or municipal corporation as | 55263 |
| an unencumbered balance or as revenue for the purposes of division | 55264 |
| (E)(3) or (4) of section 5747.51 or division (E)(3) or (4) of | 55265 |
| section 5747.62 of the Revised Code. The county budget commission | 55266 |
| may require documentation of the reasonableness of the reserve | 55267 |
| balance held in any reserve balance account. The commission shall | 55268 |
| consider any amount in a reserve balance account that it | 55269 |
| determines to be unreasonable as unencumbered and as revenue for | 55270 |
| the purposes of sections 5747.51 and 5747.62 of the Revised Code | 55271 |
| and may take such amounts into consideration when determining | 55272 |
| whether to reduce the taxing authority of a subdivision. | 55273 |
| Sec. 5705.391. | 55274 |
| 55275 | |
| 55276 | |
| 55277 | |
| 55278 | |
| 55279 | |
| 55280 | |
| 55281 | |
| 55282 | |
| 55283 | |
| 55284 | |
| 55285 | |
| 55286 | |
| 55287 | |
| 55288 | |
| 55289 | |
| 55290 | |
| 55291 | |
| 55292 | |
| 55293 | |
| 55294 |
| | 55295 |
| education and the auditor of state shall jointly adopt rules | 55296 |
| requiring
| 55297 |
| submit five-year projections of operational revenues and | 55298 |
|
expenditures | 55299 |
| rules shall provide for the auditor of state or the department to | 55300 |
| examine the five-year projections and to determine whether any | 55301 |
| further fiscal analysis is needed to ascertain whether a district | 55302 |
| has the potential to incur a deficit during the first three years | 55303 |
| of the five-year period. | 55304 |
| The auditor of state or the department may conduct any | 55305 |
| further audits or analyses necessary to assess any district's | 55306 |
| fiscal condition. If further audits or analyses are conducted by | 55307 |
| the auditor of state, the auditor of state shall notify the | 55308 |
| department of the district's fiscal condition, and the department | 55309 |
| shall immediately notify the district of any potential to incur a | 55310 |
| deficit in the current fiscal year or of any strong indications | 55311 |
| that a deficit will be incurred in either of the ensuing two | 55312 |
| years. If such audits or analyses are conducted by the department, | 55313 |
| the department shall immediately notify the district and the | 55314 |
| auditor of state of such potential deficit or strong indications | 55315 |
| thereof. | 55316 |
| A district notified under this section shall take immediate | 55317 |
| steps to eliminate any deficit in the current fiscal year and | 55318 |
| shall begin to plan to avoid the projected future deficits. | 55319 |
| | 55320 |
| sections 3319.31 and 3319.311 of the Revised Code, may limit, | 55321 |
| suspend, or revoke a license as defined under section 3319.31 of | 55322 |
| the Revised Code that has been issued to any school employee found | 55323 |
| to have willfully contributed erroneous, inaccurate, or incomplete | 55324 |
|
data required for
the submission of the | 55325 |
| 55326 |
| Sec. 5705.392. A board of county commissioners may adopt as | 55327 |
| a part of its annual appropriation | 55328 |
| plan, or
in the case of an amended appropriation | 55329 |
| resolution, an amended spending plan, setting forth a quarterly | 55330 |
| schedule of expenses and
expenditures of | 55331 |
| for the fiscal year from | 55332 |
| plan or amended spending plan shall be classified to set forth | 55333 |
| separately a quarterly schedule of expenses and expenditures for | 55334 |
| 55335 | |
| amount appropriated for personal services. Each office, | 55336 |
| department, and division for which a spending plan or amended | 55337 |
| spending plan is adopted shall be limited in its expenses and | 55338 |
| expenditures of moneys appropriated from the | 55339 |
| fund during any quarter by the schedule established in the | 55340 |
| spending plan or amended spending plan. The schedule established | 55341 |
| in the spending plan or amended spending plan shall serve as a | 55342 |
| limitation during a quarter on | 55343 |
| contracts and
giving | 55344 |
| during that quarter for purposes of division (D) of section | 55345 |
| 5705.41 of the Revised Code. | 55346 |
| The board of county commissioners shall give to each office, | 55347 |
| department, or division for which it intends to provide a spending | 55348 |
| plan or amended spending plan written notice at least thirty days | 55349 |
| before the adoption of the appropriation resolution or amended | 55350 |
| appropriation resolution. The notice shall be sent by regular | 55351 |
| first class mail or given by personal service, and shall include a | 55352 |
| copy of the proposed spending plan or amended spending plan. The | 55353 |
| office, department, or division may meet with the board at any | 55354 |
| regular session of the board to comment on the notice, express | 55355 |
| concerns, or ask questions about the proposed spending plan or | 55356 |
| amended spending plan. | 55357 |
| Sec. 5707.031. (A) As used in this section, "tax otherwise | 55358 |
| due" means the tax imposed on a dealer in intangibles under | 55359 |
| section 5707.03 and Chapter 5725. of the Revised Code reduced by | 55360 |
| the total amount of all other nonrefundable credits, if any, that | 55361 |
| the dealer in intangibles is entitled to claim. | 55362 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 55363 |
| venture capital authority under section 150.07 of the Revised | 55364 |
| Code, a credit may be claimed against the tax imposed on a dealer | 55365 |
| in intangibles under section 5707.03 and Chapter 5725. of the | 55366 |
| Revised Code. The credit shall be claimed in the calendar year | 55367 |
| specified in the certificate issued by the authority. | 55368 |
| (C) If the dealer in intangibles elected a refundable credit | 55369 |
| under section 150.07 of the Revised Code and if the amount of the | 55370 |
| credit shown on the certificate does not exceed the tax otherwise | 55371 |
| due, then for the calendar year the dealer in intangibles shall | 55372 |
| claim a refundable credit equal to the amount of the credit shown | 55373 |
| on the certificate. | 55374 |
| (D) If the dealer in intangibles elected a refundable credit | 55375 |
| under section 150.07 of the Revised Code, and if the amount of the | 55376 |
| refundable credit shown on the certificate exceeds the tax | 55377 |
| otherwise due, then for the calendar year the dealer in | 55378 |
| intangibles shall claim a refundable credit equal to the sum of | 55379 |
| the following: | 55380 |
| (1) The amount, if any, of the tax otherwise due; | 55381 |
| (2) Seventy-five per cent of the difference between the | 55382 |
| amount of the refundable credit shown on the certificate and the | 55383 |
| tax otherwise due. | 55384 |
| (E) If the dealer in intangibles elected a nonrefundable | 55385 |
| credit under section 150.07 of the Revised Code and if the | 55386 |
| nonrefundable credit to which the dealer in intangibles would | 55387 |
| otherwise be entitled under this section for any calendar year is | 55388 |
| greater than the tax otherwise due, the excess shall be allowed as | 55389 |
| a nonrefundable credit in each of the ensuing ten calendar years, | 55390 |
| but the amount of any excess nonrefundable credit allowed in the | 55391 |
| ensuing calendar year shall be deducted from the balance carried | 55392 |
| forward to the next calendar year. | 55393 |
| Sec. 5709.07. (A) The following property shall be exempt | 55394 |
| from taxation: | 55395 |
| (1) Public schoolhouses, the books and furniture in them, and | 55396 |
| the ground attached to them necessary for the proper occupancy, | 55397 |
| use, and enjoyment of the schoolhouses, and not leased or | 55398 |
| otherwise used with a view to profit; | 55399 |
| (2) Houses used exclusively for public worship, the books and | 55400 |
| furniture in them, and the ground attached to them that is not | 55401 |
| leased or otherwise used with a view to profit and that is | 55402 |
| necessary for their proper occupancy, use, and enjoyment; | 55403 |
| (3) Real property owned and operated by a church that is used | 55404 |
| primarily for church retreats or church camping, and that is not | 55405 |
| used as a permanent residence. Real property exempted under | 55406 |
| division (A)(3) of this section may be made available by the | 55407 |
| church on a limited basis to charitable and educational | 55408 |
| institutions if the property is not leased or otherwise made | 55409 |
| available with a view to profit. | 55410 |
| (4) Public colleges and academies and all buildings connected | 55411 |
| with them, and all lands connected with public institutions of | 55412 |
| learning, not used with a view to profit, including those | 55413 |
| buildings and lands that satisfy all of the following: | 55414 |
| (a) The buildings are used for housing or housing-related | 55415 |
| facilities for full-time students, faculty, or employees of a | 55416 |
| state university, or for other purposes related to the state | 55417 |
| university's educational purpose, and the lands are used for | 55418 |
| common space, walkways, and green spaces for the state | 55419 |
| university's students, faculty, or employees. As used in this | 55420 |
| division, "housing-related facilities" includes parking facilities | 55421 |
| related to the buildings and common buildings made available to | 55422 |
| students, faculty, or employees of a state university. The leasing | 55423 |
| of housing to full-time students of the state university is not | 55424 |
| used with a view to profit under this division. | 55425 |
| (b) The buildings and lands are supervised or otherwise under | 55426 |
| the control, directly or indirectly, of an organization that is | 55427 |
| exempt from federal income taxation under section 501(c)(3) of the | 55428 |
| Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as | 55429 |
| amended, and the state university has entered into a joint | 55430 |
| agreement with the organization that entitles the students, | 55431 |
| faculty, or employees of the state university to use the lands or | 55432 |
| buildings; | 55433 |
| (c) The state university has agreed, under the terms of the | 55434 |
| joint agreement with the organization described in division | 55435 |
| (A)(4)(b) of this section, that the state university, to the | 55436 |
| extent applicable under the agreement, will make payments to the | 55437 |
| organization in amounts sufficient to maintain agreed-upon debt | 55438 |
| service coverage ratios on bonds related to the lands or | 55439 |
| buildings. | 55440 |
| (B) | 55441 |
| section, this section shall not extend to leasehold estates or | 55442 |
| real property held under the authority of a college or university | 55443 |
| of learning in this state; but leaseholds, or other estates or | 55444 |
| property, real or personal, the rents, issues, profits, and income | 55445 |
| of which is given to a municipal corporation, school district, or | 55446 |
| subdistrict in this state exclusively for the use, endowment, or | 55447 |
| support of schools for the free education of youth without charge | 55448 |
| shall be exempt from taxation as long as such property, or the | 55449 |
| rents, issues, profits, or income of the property is used and | 55450 |
| exclusively applied for the support of free education by such | 55451 |
| municipal corporation, district, or subdistrict. | 55452 |
| (C) As used in this section | 55453 |
| (1) "Church" means a fellowship of believers, congregation, | 55454 |
| society, corporation, convention, or association that is formed | 55455 |
| primarily or exclusively for religious purposes and that is not | 55456 |
| formed for the private profit of any person. | 55457 |
| (2) "State university" has the same meaning as in section | 55458 |
| 3345.011 of the Revised Code. | 55459 |
| Sec. 5709.40. (A) As used in this section: | 55460 |
| (1) "Blighted area" and "impacted city" have the same | 55461 |
| meanings as in section 1728.01 of the Revised Code. | 55462 |
| (2) "Business day" means a day of the week excluding | 55463 |
| Saturday, Sunday, and a legal holiday as defined under section | 55464 |
| 1.14 of the Revised Code. | 55465 |
| (3) "Housing renovation" means a project carried out for | 55466 |
| residential purposes. | 55467 |
| (4) "Improvement" means the increase in the assessed value of | 55468 |
| any real property that would first appear on the tax list and | 55469 |
| duplicate of real and public utility property after the effective | 55470 |
| date of an ordinance adopted under this section were it not for | 55471 |
| the
exemption
granted
by that ordinance. | 55472 |
| 55473 |
| (5) "Incentive district" means an area not more than three | 55474 |
| hundred acres in size enclosed by a continuous boundary and having | 55475 |
| one or more of the following distress characteristics: | 55476 |
| (a) At least fifty-one per cent of the residents of the | 55477 |
| district have incomes of less than eighty per cent of the median | 55478 |
| income of residents of the political subdivision in which the | 55479 |
| district is located, as determined in the same manner specified | 55480 |
| under section 119(b) of the "Housing and Community Development Act | 55481 |
| of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended; | 55482 |
| (b) The average rate of unemployment in the district during | 55483 |
| the most recent twelve-month period for which data are available | 55484 |
| is equal to at least one hundred fifty per cent of the average | 55485 |
| rate of unemployment for this state for the same period. | 55486 |
| (c) At least twenty per cent of the people residing in the | 55487 |
| district live at or below the poverty level as defined in the | 55488 |
| federal Housing and Community Development Act of 1974, 42 U.S.C. | 55489 |
| 5301, as amended, and regulations adopted pursuant to that act. | 55490 |
| (d) The district is a blighted area. | 55491 |
| (e) The district is in a situational distress area as | 55492 |
| designated by the director of development under division (F) of | 55493 |
| section 122.23 of the Revised Code. | 55494 |
| (f) As certified by the engineer for the political | 55495 |
| subdivision, the public infrastructure serving the district is | 55496 |
| inadequate to meet the development needs of the district as | 55497 |
| evidenced by a written economic development plan or urban renewal | 55498 |
| plan for the district that has been adopted by the legislative | 55499 |
| authority of the subdivision. | 55500 |
| (g) The district is comprised entirely of unimproved land | 55501 |
| that is located in a distressed area as defined in section 122.23 | 55502 |
| of the Revised Code. | 55503 |
| (6) "Project" means development activities undertaken on one | 55504 |
| or more parcels, including, but not limited to, construction, | 55505 |
| expansion, and alteration of buildings or structures, demolition, | 55506 |
| remediation, and site development, and any building or structure | 55507 |
| that results from those activities. | 55508 |
| (7) "Public infrastructure improvement" includes, but is not | 55509 |
| limited to, public roads and highways; water and sewer lines; | 55510 |
| environmental remediation; land acquisition, including acquisition | 55511 |
| in aid of industry, commerce, distribution, or research; | 55512 |
| demolition, including demolition on private property when | 55513 |
| determined to be necessary for economic development purposes; | 55514 |
| stormwater and flood remediation projects, including such projects | 55515 |
| on private property when determined to be necessary for public | 55516 |
| health, safety, and welfare; the provision of gas, electric, and | 55517 |
| communications service facilities; and the enhancement of public | 55518 |
| waterways through improvements that allow for greater public | 55519 |
| access. | 55520 |
| (B) The legislative authority of a municipal corporation, by | 55521 |
| ordinance, may declare improvements to certain parcels of real | 55522 |
| property located in the municipal corporation to be a public | 55523 |
| purpose. Improvements with respect to a parcel that is used or to | 55524 |
| be used for residential purposes may be declared a public purpose | 55525 |
| under this division only if the parcel is located in a blighted | 55526 |
| area of an impacted city. Except as otherwise provided in division | 55527 |
| (D) of this section, not more than seventy-five per cent of an | 55528 |
| improvement thus declared to be a public purpose may be exempted | 55529 |
|
from real
property taxation | 55530 |
| 55531 | |
| 55532 | |
| 55533 | |
| 55534 | |
| percentage of the improvement to be exempted from taxation. | 55535 |
| An ordinance adopted or amended under this division shall | 55536 |
| designate the specific public infrastructure improvements made, to | 55537 |
| be made, or in the process of being made by the municipal | 55538 |
| corporation that directly benefit, or that once made will directly | 55539 |
| benefit, the parcels for which improvements are declared to be a | 55540 |
|
public purpose. | 55541 |
| 55542 | |
| 55543 | |
| 55544 | |
| 55545 | |
| 55546 | |
| 55547 | |
| of the Revised Code shall be used to finance the public | 55548 |
| infrastructure improvements designated in the ordinance or for the | 55549 |
| purpose described in division (D)(1) of this section. | 55550 |
| (C) The legislative authority of a municipal corporation may | 55551 |
| adopt an ordinance creating an incentive district and declaring | 55552 |
| improvements to parcels within the district to be a public purpose | 55553 |
| and exempt from taxation as provided in this section. The | 55554 |
| ordinance shall delineate the boundary of the district and | 55555 |
| specifically identify each parcel within the district. A district | 55556 |
| may not include any parcel that is or has been exempted from | 55557 |
| taxation under division (B) of this section or that is or has been | 55558 |
| within another district created under this division. An ordinance | 55559 |
| may create more than one such district, and more than one | 55560 |
| ordinance may be adopted under this division. | 55561 |
| Not later than thirty days prior to adopting an ordinance | 55562 |
| under this division, if the municipal corporation intends to apply | 55563 |
| for exemptions from taxation under section 5709.911 of the Revised | 55564 |
| Code on behalf of owners of real property located within the | 55565 |
| proposed incentive district, the legislative authority of a | 55566 |
| municipal corporation shall conduct a public hearing on the | 55567 |
| proposed ordinance. Not later than thirty days prior to the public | 55568 |
| hearing, the legislative authority shall give notice of the public | 55569 |
| hearing and the proposed ordinance by first class mail to every | 55570 |
| real property owner whose property is located within the | 55571 |
| boundaries of the proposed incentive district that is the subject | 55572 |
| of the proposed ordinance. | 55573 |
| An ordinance adopted under this division shall specify the | 55574 |
| life of the district and the percentage of the improvements to be | 55575 |
| exempted and shall designate the public infrastructure | 55576 |
| improvements made or to be made that benefit or serve parcels in | 55577 |
| the district. The service payments provided for in section 5709.42 | 55578 |
| of the Revised Code shall be used to finance the designated public | 55579 |
| infrastructure improvements or for the purpose described in | 55580 |
| division (D)(1) of this section. | 55581 |
| An ordinance adopted under this division may authorize the | 55582 |
| use of service payments provided for in section 5709.42 of the | 55583 |
| Revised Code for the purpose of housing renovations within the | 55584 |
| district, provided that the ordinance also designates public | 55585 |
| infrastructure improvements that benefit or serve the district, | 55586 |
| and that a project within the district places real property in use | 55587 |
| for commercial or industrial purposes. Service payments may be | 55588 |
| used to finance or support loans, deferred loans, and grants to | 55589 |
| persons for the purpose of housing renovations within the | 55590 |
| district. The ordinance shall designate the parcels within the | 55591 |
| district that are eligible for housing renovation. The ordinance | 55592 |
| shall state separately the amounts or the percentages of the | 55593 |
| expected aggregate service payments that are designated for each | 55594 |
| public infrastructure improvement and for the general purpose of | 55595 |
| housing renovations. | 55596 |
| Except with the approval of the board of education of each | 55597 |
| city, local, or exempted village school district within the | 55598 |
| territory of which the district is or will be located, the life of | 55599 |
| a district shall not exceed ten years, and the percentage of | 55600 |
| improvements to be exempted shall not exceed seventy-five per | 55601 |
| cent. With such approval, the life of a district may be not more | 55602 |
| than thirty years, and the percentage of improvements to be | 55603 |
| exempted may be not more than one hundred per cent. | 55604 |
| Approval of a board of education shall be obtained in the | 55605 |
| manner provided in division (D) of this section for exemptions | 55606 |
| under division (B) of this section, except that the notice to the | 55607 |
| board of education shall delineate the boundaries of the district, | 55608 |
| specifically identify each parcel within the district, identify | 55609 |
| each anticipated improvement in the district, provide an estimate | 55610 |
| of the true value in money of each such improvement, specify the | 55611 |
| life of the district and the percentage of improvements that would | 55612 |
| be exempted, and indicate the date on which the legislative | 55613 |
| authority intends to adopt the ordinance. | 55614 |
| A municipal corporation shall not adopt an ordinance under | 55615 |
|
this division after June 30, | 55616 |
| (D)(1) If the ordinance declaring improvements to a parcel to | 55617 |
| be a public purpose or creating an incentive district specifies | 55618 |
| that payments in lieu of taxes provided for in section 5709.42 of | 55619 |
| the Revised Code shall be paid to the city, local, or exempted | 55620 |
| village school district in which the parcel is located in the | 55621 |
| amount of the taxes that would have been payable to the school | 55622 |
| district if the improvements had not been exempted from taxation, | 55623 |
| the percentage of the improvement that may be exempted from | 55624 |
| taxation may exceed seventy-five per cent, and the exemption may | 55625 |
| be granted for up to thirty years, without the approval of the | 55626 |
| board of education as otherwise required under division (D)(2) of | 55627 |
| this section. | 55628 |
| (2) Improvements with respect to a parcel may be exempted | 55629 |
| from taxation under division (B) of this section for up to ten | 55630 |
| years or, with the approval under this paragraph of the board of | 55631 |
| education of the city, local, or exempted village school district | 55632 |
| within which the parcel is located, for up to thirty years. The | 55633 |
| percentage of the improvement exempted from taxation may, with | 55634 |
| such approval, exceed seventy-five per cent, but shall not exceed | 55635 |
| one hundred per cent. Not later than forty-five business days | 55636 |
| prior to adopting an ordinance under this section declaring | 55637 |
| improvements to be a public purpose that is subject to approval by | 55638 |
| a board of education under this division, the legislative | 55639 |
| authority shall deliver to the board of education a notice stating | 55640 |
| its intent to adopt an ordinance making that declaration. The | 55641 |
| notice shall identify the parcels for which improvements are to be | 55642 |
| exempted from taxation, provide an estimate of the true value in | 55643 |
| money of the improvements, specify the period for which the | 55644 |
| improvements would be exempted from taxation and the percentage of | 55645 |
| the improvement that would be exempted, and indicate the date on | 55646 |
| which the legislative authority intends to adopt the ordinance. | 55647 |
| The board of education, by resolution adopted by a majority of the | 55648 |
| board, may approve the exemption for the period or for the | 55649 |
| exemption percentage specified in the notice, may disapprove the | 55650 |
| exemption for the number of years in excess of ten, may disapprove | 55651 |
| the exemption for the percentage of the improvement to be exempted | 55652 |
| in excess of seventy-five per cent, or both, or may approve the | 55653 |
| exemption on the condition that the legislative authority and the | 55654 |
| board negotiate an agreement providing for compensation to the | 55655 |
| school district equal in value to a percentage of the amount of | 55656 |
| taxes exempted in the eleventh and subsequent years of the | 55657 |
| exemption period or, in the case of exemption percentages in | 55658 |
| excess of seventy-five per cent, compensation equal in value to a | 55659 |
| percentage of the taxes that would be payable on the portion of | 55660 |
| the improvement in excess of seventy-five per cent were that | 55661 |
| portion to be subject to taxation, or other mutually agreeable | 55662 |
| compensation. The board of education shall certify its resolution | 55663 |
| to the legislative authority not later than fourteen days prior to | 55664 |
| the date the legislative authority intends to adopt the ordinance | 55665 |
|
as indicated in the notice. | 55666 |
| 55667 | |
| 55668 | |
| 55669 | |
| legislative authority negotiate a mutually acceptable compensation | 55670 |
| agreement, the ordinance may declare the improvements a public | 55671 |
| purpose for the number of years specified in the ordinance or, in | 55672 |
| the case of exemption percentages in excess of seventy-five per | 55673 |
| cent, for the exemption percentage specified in the ordinance. In | 55674 |
| either case, if the board and the legislative authority fail to | 55675 |
| negotiate a mutually acceptable compensation agreement, the | 55676 |
| ordinance may declare the improvements a public purpose for not | 55677 |
| more than ten years, but shall not exempt more than seventy-five | 55678 |
| per cent of the
improvements from taxation | 55679 |
| 55680 | |
| 55681 | |
| 55682 | |
| 55683 | |
| to certify a resolution to the legislative authority within the | 55684 |
| time prescribed by this division, the legislative authority | 55685 |
| thereupon may adopt the ordinance and may declare the improvements | 55686 |
| a public purpose for up to thirty years, or, in the case of | 55687 |
| exemption percentages proposed in excess of seventy-five per cent, | 55688 |
| for the exemption percentage specified in the ordinance. The | 55689 |
| legislative authority may adopt the ordinance at any time after | 55690 |
| the board of education certifies its resolution approving the | 55691 |
| exemption to the legislative authority, or, if the board approves | 55692 |
| the exemption on the condition that a mutually acceptable | 55693 |
| compensation agreement be negotiated, at any time after the | 55694 |
| compensation agreement is agreed to by the board and the | 55695 |
| legislative authority. | 55696 |
| (3) If a board of education has adopted a resolution waiving | 55697 |
| its right to approve exemptions from taxation and the resolution | 55698 |
| remains in effect, approval of exemptions by the board is not | 55699 |
| required under this division. If a board of education has adopted | 55700 |
| a resolution allowing a legislative authority to deliver the | 55701 |
|
notice required under | 55702 |
| than forty-five business days prior to the legislative authority's | 55703 |
| adoption of the ordinance, the legislative authority shall deliver | 55704 |
| the notice to the board not later than the number of days prior to | 55705 |
| such adoption as prescribed by the board in its resolution. If a | 55706 |
| board of education adopts a resolution waiving its right to | 55707 |
| approve agreements or shortening the notification period, the | 55708 |
| board shall certify a copy of the resolution to the legislative | 55709 |
| authority. If the board of education rescinds such a resolution, | 55710 |
| it shall certify notice of the rescission to the legislative | 55711 |
| authority. | 55712 |
| (4) If the legislative authority is not required by division | 55713 |
| (D)(1), (2), or (3) of this section to notify the board of | 55714 |
| education of the legislative authority's intent to declare | 55715 |
| improvements to be a public purpose, the legislative authority | 55716 |
| shall comply with the notice requirements imposed under section | 55717 |
| 5709.83 of the Revised Code, unless the board has adopted a | 55718 |
| resolution under that section waiving its right to receive such a | 55719 |
| notice. | 55720 |
| (E) An exemption from taxation granted under this section | 55721 |
|
commences
with the tax year | 55722 |
| 55723 | |
| 55724 | |
| ordinance. Except as otherwise provided in this division, the | 55725 |
| exemption ends on the date specified in the ordinance as the date | 55726 |
| the improvement ceases to be a public purpose or the incentive | 55727 |
| district expires, or ends on the date on which the public | 55728 |
| infrastructure improvements and housing renovations are paid in | 55729 |
| full from the municipal public improvement tax increment | 55730 |
| equivalent fund established under division (A) of section 5709.43 | 55731 |
| of the Revised Code, whichever occurs first. The exemption of an | 55732 |
| improvement with respect to a parcel may end on a later date, as | 55733 |
| specified in the ordinance, if the legislative authority and the | 55734 |
| board of education of the city, local, or exempted village school | 55735 |
| district within which the parcel is located have entered into a | 55736 |
| compensation agreement under section 5709.82 of the Revised Code | 55737 |
| with respect to the improvement or district and the board of | 55738 |
| education has approved the term of the exemption under division | 55739 |
| (D)(2) of this section, but in no case shall the improvement be | 55740 |
| exempted from taxation for more than thirty years. Exemptions | 55741 |
| shall be claimed and allowed in the same manner as in the case of | 55742 |
| other real property exemptions. If an exemption status changes | 55743 |
| during a year, the procedure for the apportionment of the taxes | 55744 |
| for that year is the same as in the case of other changes in tax | 55745 |
| exemption status during the year. | 55746 |
| (F) Additional municipal financing of public infrastructure | 55747 |
| improvements and housing renovations may be provided by any | 55748 |
| methods that the municipal corporation may otherwise use for | 55749 |
| financing such improvements. If the municipal corporation issues | 55750 |
| bonds or notes to finance the public infrastructure improvements | 55751 |
| and housing renovations and pledges money from the municipal | 55752 |
| public improvement tax increment equivalent fund to pay the | 55753 |
| interest on and principal of the bonds or notes, the bonds or | 55754 |
| notes are not subject to Chapter 133. of the Revised Code. | 55755 |
| (G) The municipal corporation, not later than fifteen days | 55756 |
| after the adoption of an ordinance under this section, shall | 55757 |
| submit to the director of development a copy of the ordinance. On | 55758 |
| or before the thirty-first day of March of each year, the | 55759 |
| municipal corporation shall submit a status report to the director | 55760 |
| of development. The report shall indicate, in the manner | 55761 |
| prescribed by the director, the progress of the project during | 55762 |
| each year that an exemption remains in effect, including a summary | 55763 |
| of the receipts from service payments in lieu of taxes; | 55764 |
| expenditures of money from the funds created under section 5709.43 | 55765 |
| of the Revised Code; a description of the public infrastructure | 55766 |
| improvements and housing renovations financed with such | 55767 |
| expenditures; and a quantitative summary of changes in employment | 55768 |
| and private investment resulting from each project. | 55769 |
| (H) Nothing in this section shall be construed to prohibit a | 55770 |
| legislative authority from declaring to be a public purpose | 55771 |
| improvements with respect to more than one parcel. | 55772 |
| Sec. 5709.41. (A) As used in this section: | 55773 |
| (1) "Business day" means a day of the week excluding | 55774 |
| Saturday, Sunday, and a legal holiday as defined under section | 55775 |
| 1.14 of the Revised Code. | 55776 |
| (2) "Improvement" means the increase in assessed value of any | 55777 |
| parcel of property subsequent to the acquisition of the parcel by | 55778 |
| a municipal corporation engaged in urban redevelopment. | 55779 |
| (B) The legislative authority of a municipal corporation, by | 55780 |
| ordinance, may declare to be a public purpose any improvement to a | 55781 |
| parcel of real property if both of the following apply: | 55782 |
| (1) The municipal corporation held fee title to the parcel | 55783 |
| prior to the adoption of the ordinance; | 55784 |
| (2) The parcel is leased, or the fee of the parcel is | 55785 |
| conveyed, to any person either before or after adoption of the | 55786 |
| ordinance. | 55787 |
| Improvements used or to be used for residential purposes may | 55788 |
| be declared a public purpose under this section only if the parcel | 55789 |
| is located in a blighted area of an impacted city as those terms | 55790 |
| are defined in section 1728.01 of the Revised Code. | 55791 |
| (C) Except as otherwise provided in division (C)(1), (2), or | 55792 |
| (3) of this section, not more than seventy-five per cent of an | 55793 |
| improvement thus declared to be a public purpose may be exempted | 55794 |
| from real property taxation. The ordinance shall specify the | 55795 |
| percentage of the improvement to be exempted from taxation. | 55796 |
| (1) If the ordinance declaring improvements to a parcel to be | 55797 |
| a public purpose specifies that payments in lieu of taxes provided | 55798 |
| for in section 5709.42 of the Revised Code shall be paid to the | 55799 |
| city, local, or exempted village school district in which the | 55800 |
| parcel is located in the amount of the taxes that would have been | 55801 |
| payable to the school district if the improvements had not been | 55802 |
| exempted from taxation, the percentage of the improvement that may | 55803 |
| be exempted from taxation may exceed seventy-five per cent, and | 55804 |
| the exemption may be granted for up to thirty years, without the | 55805 |
| approval of the board of education as otherwise required under | 55806 |
| division (C)(2) of this section. | 55807 |
| (2) Improvements may be exempted from taxation for up to ten | 55808 |
| years or, with the approval of the board of education of the city, | 55809 |
| local, or exempted village school district within the territory of | 55810 |
| which the improvements are or will be located, for up to thirty | 55811 |
| years. The percentage of the improvement exempted from taxation | 55812 |
| may, with such approval, exceed seventy-five per cent, but shall | 55813 |
| not exceed one hundred per cent. Not later than forty-five | 55814 |
| business days prior to adopting an ordinance under this section | 55815 |
| that is subject to approval by a board of education under this | 55816 |
| division, the legislative authority shall deliver to the board of | 55817 |
| education a notice stating its intent to declare improvements to | 55818 |
| be a public purpose under this section. The notice shall describe | 55819 |
| the parcel and the improvements, provide an estimate of the true | 55820 |
| value in money of the improvements, specify the period for which | 55821 |
| the improvements would be exempted from taxation and the | 55822 |
| percentage of the improvements that would be exempted, and | 55823 |
| indicate the date on which the legislative authority intends to | 55824 |
| adopt the ordinance. The board of education, by resolution adopted | 55825 |
| by a majority of the board, may approve the exemption for the | 55826 |
| period or for the exemption percentage specified in the notice, | 55827 |
| may disapprove the exemption for the number of years in excess of | 55828 |
| ten, may disapprove the exemption for the percentage of the | 55829 |
| improvements to be exempted in excess of seventy-five per cent, or | 55830 |
| both, or may approve the exemption on the condition that the | 55831 |
| legislative authority and the board negotiate an agreement | 55832 |
| providing for compensation to the school district equal in value | 55833 |
| to a percentage of the amount of taxes exempted in the eleventh | 55834 |
| and subsequent years of the exemption period, or, in the case of | 55835 |
| exemption percentages in excess of seventy-five per cent, | 55836 |
| compensation equal in value to a percentage of the taxes that | 55837 |
| would be payable on the portion of the improvement in excess of | 55838 |
| seventy-five per cent were that portion to be subject to taxation, | 55839 |
| or other mutually agreeable compensation. The board of education | 55840 |
| shall certify its resolution to the legislative authority not | 55841 |
| later than fourteen days prior to the date the legislative | 55842 |
| authority intends to adopt the ordinance as indicated in the | 55843 |
| notice. | 55844 |
| 55845 | |
| 55846 | |
| board of education and the legislative authority negotiate a | 55847 |
| mutually acceptable compensation agreement, the ordinance may | 55848 |
| declare the improvements a public purpose for the number of years | 55849 |
| specified in the ordinance or, in the case of exemption | 55850 |
| percentages in excess of seventy-five per cent, for the exemption | 55851 |
| percentage specified in the ordinance. In either case, if the | 55852 |
| board and the legislative authority fail to negotiate a mutually | 55853 |
| acceptable compensation agreement, the ordinance may declare the | 55854 |
| improvements a public purpose for not more than ten years, but | 55855 |
| shall not exempt more than seventy-five per cent of the | 55856 |
| improvements from taxation. If the board fails to certify a | 55857 |
| resolution to the legislative authority within the time prescribed | 55858 |
| by this division, the legislative authority thereupon may adopt | 55859 |
| the ordinance and may declare the improvements a public purpose | 55860 |
| for up to thirty years. The legislative authority may adopt the | 55861 |
| ordinance at any time after the board of education certifies its | 55862 |
| resolution approving the exemption to the legislative authority, | 55863 |
| or, if the board approves the exemption on the condition that a | 55864 |
| mutually acceptable compensation agreement be negotiated, at any | 55865 |
| time after the compensation agreement is agreed to by the board | 55866 |
| and the legislative authority. | 55867 |
| (3) If a board of education has adopted a resolution waiving | 55868 |
| its right to approve exemptions from taxation and the resolution | 55869 |
| remains in effect, approval of exemptions by the board is not | 55870 |
| required under this division. If a board of education has adopted | 55871 |
| a resolution allowing a legislative authority to deliver the | 55872 |
| notice required under | 55873 |
| than forty-five business days prior to the legislative authority's | 55874 |
| adoption of the ordinance, the legislative authority shall deliver | 55875 |
| the notice to the board not later than the number of days prior to | 55876 |
| such adoption as prescribed by the board in its resolution. If a | 55877 |
| board of education adopts a resolution waiving its right to | 55878 |
| approve exemptions or shortening the notification period, the | 55879 |
| board shall certify a copy of the resolution to the legislative | 55880 |
| authority. If the board of education rescinds such a resolution, | 55881 |
| it shall certify notice of the rescission to the legislative | 55882 |
| authority. | 55883 |
| (4) If the legislative authority is not required by division | 55884 |
| (C)(1), (2), or (3) of this section to notify the board of | 55885 |
| education of the legislative authority's intent to declare | 55886 |
| improvements to be a public purpose, the legislative authority | 55887 |
| shall comply with the notice requirements imposed under section | 55888 |
| 5709.83 of the Revised Code, unless the board has adopted a | 55889 |
| resolution under that section waiving its right to receive such a | 55890 |
| notice. | 55891 |
| (D) | 55892 |
| commences | 55893 |
| begins after the effective date of the ordinance and ends on the | 55894 |
| date specified in the ordinance as the date the improvement ceases | 55895 |
| to be a public purpose. The exemption shall be claimed and allowed | 55896 |
| in the same or a similar manner as in the case of other real | 55897 |
| property exemptions. If an exemption status changes during a tax | 55898 |
| year, the procedure for the apportionment of the taxes for that | 55899 |
| year is the same as in the case of other changes in tax exemption | 55900 |
| status during the year. | 55901 |
| (E) A municipal corporation, not later than fifteen days | 55902 |
| after the adoption of an ordinance granting a tax exemption under | 55903 |
| this section, shall submit to the director of development a copy | 55904 |
| of the ordinance. On or before the thirty-first day of March each | 55905 |
| year, the municipal corporation shall submit a status report to | 55906 |
| the director of development outlining the progress of the project | 55907 |
| during each year that the exemption remains in effect. | 55908 |
| Sec. 5709.73. (A) As used in this section and section | 55909 |
| 5709.74 of the Revised Code: | 55910 |
| (1) "Business day" means a day of the week excluding | 55911 |
| Saturday, Sunday, and a legal holiday as defined in section 1.14 | 55912 |
| of the Revised Code. | 55913 |
| (2) "Further improvements" or "improvements" means the | 55914 |
|
increase in the | 55915 |
| first appear on the tax list and duplicate of real and public | 55916 |
| utility property after the effective date of a resolution adopted | 55917 |
| under this section were it not for the exemption granted by that | 55918 |
| resolution. For purposes of division (B) of this section, | 55919 |
| "improvements" do not include any property used or to be used for | 55920 |
| residential purposes. | 55921 |
| (3) "Housing renovation" means a project carried out for | 55922 |
| residential purposes. | 55923 |
| (4) "Incentive district" has the same meaning as in section | 55924 |
| 5709.40 of the Revised Code, except that a blighted area is in the | 55925 |
| unincorporated area of a township. | 55926 |
| (5) "Project" and "public infrastructure improvement" have | 55927 |
| the same meanings as in section 5709.40 of the Revised Code. | 55928 |
| (B) A board of township trustees may, by unanimous vote, | 55929 |
| adopt a resolution that declares to be a public purpose any public | 55930 |
| infrastructure improvements made that are necessary for the | 55931 |
| development of certain parcels of land located in the | 55932 |
| unincorporated area of the township. Except as otherwise provided | 55933 |
| in division (D) of this section, the resolution may exempt from | 55934 |
| real property taxation not more than seventy-five per cent of | 55935 |
| further improvements to a parcel of land which directly benefits | 55936 |
|
from
such
public
infrastructure improvements | 55937 |
| 55938 | |
| 55939 | |
| 55940 | |
| 55941 | |
| 55942 | |
| 55943 | |
| 55944 | |
| 55945 | |
| 55946 | |
| 55947 | |
| 55948 | |
| percentage of the further improvements to be exempted. | 55949 |
| (C) A board of township trustees may adopt, by unanimous | 55950 |
| vote, a resolution creating an incentive district and declaring | 55951 |
| improvements to parcels within the district to be a public purpose | 55952 |
| and exempt from taxation as provided in this section. The district | 55953 |
| shall be located within the unincorporated area of the township | 55954 |
| and shall not include any territory that is included within a | 55955 |
| district created under division (B) of section 5709.78 of the | 55956 |
| Revised Code. The resolution shall delineate the boundary of the | 55957 |
| district and specifically identify each parcel within the | 55958 |
| district. A district may not include any parcel that is or has | 55959 |
| been exempted from taxation under division (B) of this section or | 55960 |
| that is or has been within another district created under this | 55961 |
| division. A resolution may create more than one such district, and | 55962 |
| more than one resolution may be adopted under this division. | 55963 |
| Not later than thirty days prior to adopting a resolution | 55964 |
| under this division, if the township intends to apply for | 55965 |
| exemptions from taxation under section 5709.911 of the Revised | 55966 |
| Code on behalf of owners of real property located within the | 55967 |
| proposed incentive district, the board shall conduct a public | 55968 |
| hearing on the proposed resolution. Not later than thirty days | 55969 |
| prior to the public hearing, the board shall give notice of the | 55970 |
| public hearing and the proposed resolution by first class mail to | 55971 |
| every real property owner whose property is located within the | 55972 |
| boundaries of the proposed incentive district that is the subject | 55973 |
| of the proposed resolution. | 55974 |
| A resolution under this division shall specify the life of | 55975 |
| the district and the percentage of the improvements to be exempted | 55976 |
| and shall designate the public infrastructure improvements made or | 55977 |
| to be made that benefit or serve parcels in the district. | 55978 |
| A resolution adopted under this division may authorize the | 55979 |
| use of service payments provided for in section 5709.74 of the | 55980 |
| Revised Code for the purpose of housing renovations within the | 55981 |
| district, provided that the resolution also designates public | 55982 |
| infrastructure improvements that benefit or serve the district, | 55983 |
| and that a project within the district places real property in use | 55984 |
| for commercial or industrial purposes. Service payments may be | 55985 |
| used to finance or support loans, deferred loans, and grants to | 55986 |
| persons for the purpose of housing renovations within the | 55987 |
| district. The resolution shall designate the parcels within the | 55988 |
| district that are eligible for housing renovations. The resolution | 55989 |
| shall state separately the amount or the percentages of the | 55990 |
| expected aggregate service payments that are designated for each | 55991 |
| public infrastructure improvement and for the purpose of housing | 55992 |
| renovations. | 55993 |
| Except with the approval of the board of education of each | 55994 |
| city, local, or exempted village school district within the | 55995 |
| territory of which the district is or will be located, the life of | 55996 |
| a district shall not exceed ten years, and the percentage of | 55997 |
| improvements to be exempted shall not exceed seventy-five per | 55998 |
| cent. With such approval, the life of a district may be not more | 55999 |
| than thirty years, and the percentage of improvements to be | 56000 |
| exempted may be not more than one hundred per cent. | 56001 |
| Approval of a board of education shall be obtained in the | 56002 |
| manner provided in division (D) of this section for exemptions | 56003 |
| under division (B) of this section, except that the notice to the | 56004 |
| board of education shall delineate the boundaries of the district, | 56005 |
| specifically identify each parcel within the district, identify | 56006 |
| each anticipated improvement in the district, provide an estimate | 56007 |
| of the true value in money of each such improvement, specify the | 56008 |
| life of the district and the percentage of improvements that would | 56009 |
| be exempted, and indicate the date on which the board of township | 56010 |
| trustees intends to adopt the resolution. | 56011 |
| A board of township trustees shall not adopt a resolution | 56012 |
|
under this division after June 30, | 56013 |
| (D)(1) If the resolution declaring improvements to a parcel | 56014 |
| to be a public purpose or creating an incentive district specifies | 56015 |
| that payments in lieu of taxes provided for in section 5709.74 of | 56016 |
| the Revised Code shall be paid to the city, local, or exempted | 56017 |
| village school district in which the parcel is located in the | 56018 |
| amount of the taxes that would have been payable to the school | 56019 |
| district if the improvements had not been exempted from taxation, | 56020 |
| the percentage of the improvement that may be exempted from | 56021 |
| taxation may exceed seventy-five per cent, and the exemption may | 56022 |
| be granted for up to thirty years, without the approval of the | 56023 |
| board of education as otherwise required under division (D)(2) of | 56024 |
| this section. | 56025 |
| (2) Improvements with respect to a parcel may be exempted | 56026 |
| from taxation under division (B) of this section for up to ten | 56027 |
| years or, with the approval of the board of education of the city, | 56028 |
| local, or exempted village school district within which the parcel | 56029 |
| is located, for up to thirty years. The percentage of the | 56030 |
| improvements exempted from taxation may, with such approval, | 56031 |
| exceed seventy-five per cent, but shall not exceed one hundred per | 56032 |
| cent. Not later than forty-five business days prior to adopting a | 56033 |
| resolution under this section declaring improvements to be a | 56034 |
| public purpose that is subject to approval by a board of education | 56035 |
| under this division, the board of trustees shall deliver to the | 56036 |
| board of education a notice stating its intent to adopt a | 56037 |
| resolution making that declaration. The notice shall identify the | 56038 |
| parcels for which improvements are to be exempted from taxation, | 56039 |
| provide an estimate of the true value in money of the | 56040 |
| improvements, specify the period for which the improvements would | 56041 |
| be exempted from taxation and the percentage of the improvements | 56042 |
| that would be exempted, and indicate the date on which the board | 56043 |
| of trustees intends to adopt the resolution. The board of | 56044 |
| education, by resolution adopted by a majority of the board, may | 56045 |
| approve the exemption for the period or for the exemption | 56046 |
| percentage specified in the notice, may disapprove the exemption | 56047 |
| for the number of years in excess of ten, may disapprove the | 56048 |
| exemption for the percentage of the improvements to be exempted in | 56049 |
| excess of seventy-five per cent, or both, or may approve the | 56050 |
| exemption on the condition that the board of trustees and the | 56051 |
| board of education negotiate an agreement providing for | 56052 |
| compensation to the school district equal in value to a percentage | 56053 |
| of the amount of taxes exempted in the eleventh and subsequent | 56054 |
| years of the exemption period or, in the case of exemption | 56055 |
| percentages in excess of seventy-five per cent, compensation equal | 56056 |
| in value to a percentage of the taxes that would be payable on the | 56057 |
| portion of the improvements in excess of seventy-five per cent | 56058 |
| were that portion to be subject to taxation, or other mutually | 56059 |
| agreeable compensation. The board of education shall certify its | 56060 |
| resolution to the board of trustees not later than fourteen days | 56061 |
| prior to the date the board of trustees intends to adopt the | 56062 |
| resolution as
indicated in the
notice. | 56063 |
| 56064 | |
| 56065 | |
| 56066 | |
| and the board of trustees negotiate a mutually acceptable | 56067 |
| compensation agreement, the resolution may declare the | 56068 |
| improvements a public purpose for the number of years specified in | 56069 |
| the resolution or, in the case of exemption percentages in excess | 56070 |
| of seventy-five per cent, for the exemption percentage specified | 56071 |
| in the resolution. In either case, if the board of education and | 56072 |
| the board of trustees fail to negotiate a mutually acceptable | 56073 |
| compensation agreement, the resolution may declare the | 56074 |
| improvements a public purpose for not more than ten years, but | 56075 |
| shall not exempt more than seventy-five per cent of the | 56076 |
|
improvements from taxation | 56077 |
| 56078 | |
| 56079 | |
| 56080 | |
| 56081 | |
| to certify a resolution to the board of trustees within the time | 56082 |
| prescribed by this section, the board of trustees thereupon may | 56083 |
| adopt the resolution and may declare the improvements a public | 56084 |
| purpose for up to thirty years or, in the case of exemption | 56085 |
| percentages proposed in excess of seventy-five per cent, for the | 56086 |
| exemption percentage specified in the resolution. The board of | 56087 |
| township trustees may adopt the resolution at any time after the | 56088 |
| board of education certifies its resolution approving the | 56089 |
| exemption to the board of township trustees, or, if the board of | 56090 |
| education approves the exemption on the condition that a mutually | 56091 |
| acceptable compensation agreement be negotiated, at any time after | 56092 |
| the compensation agreement is agreed to by the board of education | 56093 |
| and the board of township trustees. | 56094 |
| (3) If a board of education has adopted a resolution waiving | 56095 |
| its right to approve exemptions from taxation and the resolution | 56096 |
| remains in effect, approval of such exemptions by the board of | 56097 |
| education is not required under this division. If a board of | 56098 |
| education has adopted a resolution allowing a board of township | 56099 |
|
trustees to deliver the notice
required under
| 56100 |
| of this section fewer than forty-five business days prior to | 56101 |
| adoption of the resolution by the board of township trustees, the | 56102 |
| board of township trustees shall deliver the notice to the board | 56103 |
| of education not later than the number of days prior to such | 56104 |
| adoption as prescribed by the board of education in its | 56105 |
| resolution. If a board of education adopts a resolution waiving | 56106 |
| its right to approve exemptions or shortening the notification | 56107 |
| period, the board of education shall certify a copy of the | 56108 |
| resolution to the board of township trustees. If the board of | 56109 |
| education rescinds such a resolution, it shall certify notice of | 56110 |
| the rescission to the board of township trustees. | 56111 |
| If the board of trustees is not required by this division to | 56112 |
| notify the board of education of the board of trustees' intent to | 56113 |
| declare improvements to be a public purpose, the board of trustees | 56114 |
| shall comply with the notice requirements imposed under section | 56115 |
| 5709.83 of the Revised Code before taking formal action to adopt | 56116 |
| the resolution making that declaration, unless the board of | 56117 |
| education has adopted a resolution under that section waiving its | 56118 |
| right to receive such a notice. | 56119 |
| (E) An exemption from taxation granted under this section | 56120 |
|
commences
with the tax year | 56121 |
| 56122 | |
| 56123 | |
| date of the resolution. Except as otherwise provided in this | 56124 |
| division, the exemption ends on the date specified in the | 56125 |
| resolution as the date the improvement ceases to be a public | 56126 |
| purpose or the incentive district expires, or ends on the date on | 56127 |
| which the public infrastructure improvements and housing | 56128 |
| renovations are paid in full from the township public improvement | 56129 |
| tax increment equivalent fund established under section 5709.75 of | 56130 |
| the Revised Code, whichever occurs first. The exemption of an | 56131 |
| improvement with respect to a parcel may end on a later date, as | 56132 |
| specified in the resolution, if the board of township trustees and | 56133 |
| the board of education of the city, local, or exempted village | 56134 |
| school district within which the parcel is located have entered | 56135 |
| into a compensation agreement under section 5709.82 of the Revised | 56136 |
| Code with respect to the improvement or district and the board of | 56137 |
| education has approved the term of the exemption under division | 56138 |
| (D)(2) of this section, but in no case shall the improvement be | 56139 |
| exempted from taxation for more than thirty years. The board of | 56140 |
| township trustees may, by majority vote, adopt a resolution | 56141 |
| permitting the township to enter into such agreements as the board | 56142 |
| finds necessary or appropriate to provide for the construction or | 56143 |
| undertaking of public infrastructure improvements and housing | 56144 |
| renovations. Any exemption shall be claimed and allowed in the | 56145 |
| same or a similar manner as in the case of other real property | 56146 |
| exemptions. If an exemption status changes during a tax year, the | 56147 |
| procedure for the apportionment of the taxes for that year is the | 56148 |
| same as in the case of other changes in tax exemption status | 56149 |
| during the year. | 56150 |
| (F) The board of township trustees may issue the notes of the | 56151 |
| township to finance all costs pertaining to the construction or | 56152 |
| undertaking of public infrastructure improvements and housing | 56153 |
| renovations made pursuant to this section. The notes shall be | 56154 |
| signed by the board and attested by the signature of the township | 56155 |
| clerk, shall bear interest not to exceed the rate provided in | 56156 |
| section 9.95 of the Revised Code, and are not subject to Chapter | 56157 |
| 133. of the Revised Code. The resolution authorizing the issuance | 56158 |
| of the notes shall pledge the funds of the township public | 56159 |
| improvement tax increment equivalent fund established pursuant to | 56160 |
| section 5709.75 of the Revised Code to pay the interest on and | 56161 |
| principal of the notes. The notes, which may contain a clause | 56162 |
| permitting prepayment at the option of the board, shall be offered | 56163 |
| for sale on the open market or given to the vendor or contractor | 56164 |
| if no sale is made. | 56165 |
| (G) The township, not later than fifteen days after the | 56166 |
| adoption of a resolution under this section, shall submit to the | 56167 |
| director of development a copy of the resolution. On or before the | 56168 |
| thirty-first day of March of each year, the township shall submit | 56169 |
| a status report to the director of development. The report shall | 56170 |
| indicate, in the manner prescribed by the director, the progress | 56171 |
| of the project during each year that the exemption remains in | 56172 |
| effect, including a summary of the receipts from service payments | 56173 |
| in lieu of taxes; expenditures of money from funds created under | 56174 |
| section 5709.75 of the Revised Code; a description of the public | 56175 |
| infrastructure improvements and housing renovations financed with | 56176 |
| such expenditures; and a quantitative summary of changes in | 56177 |
| private investment resulting from each project. | 56178 |
| (H) Nothing in this section shall be construed to prohibit a | 56179 |
| board of township trustees from declaring to be a public purpose | 56180 |
| improvements with respect to more than one parcel. | 56181 |
| (I) A board of township trustees that adopted a resolution | 56182 |
| under this section prior to July 21, 1994, may amend that | 56183 |
| resolution to include any additional public infrastructure | 56184 |
| improvement. A board of township trustees that seeks by such an | 56185 |
| amendment to utilize money from its township public improvement | 56186 |
| tax increment equivalent fund for land acquisition in aid of | 56187 |
| industry, commerce, distribution, or research, demolition on | 56188 |
| private property, or stormwater and flood remediation projects may | 56189 |
| do so provided that the board currently is a party to a | 56190 |
| hold-harmless agreement with the board of education of the city, | 56191 |
| local, or exempted village school district within the territory of | 56192 |
| which are located the parcels that are subject to an exemption. | 56193 |
| For the purposes of this division, a "hold-harmless agreement" | 56194 |
| means an agreement under which the board of township trustees | 56195 |
| agrees to compensate the school district for one hundred per cent | 56196 |
| of the tax revenue that the school district would have received | 56197 |
| from further improvements to parcels designated in the resolution | 56198 |
| were it not for the exemption granted by the resolution. | 56199 |
| Sec. 5709.77. As used in sections 5709.77 to 5709.81 of the | 56200 |
| Revised Code: | 56201 |
| (A) "Business day" means a day of the week excluding | 56202 |
| Saturday, Sunday, and a legal holiday as defined in section 1.14 | 56203 |
| of the Revised Code. | 56204 |
| (B) "Fund" means to provide for the payment of the debt | 56205 |
| service on and the expenses relating to an outstanding obligation | 56206 |
| of the county. | 56207 |
| (C) "Housing renovation" means a project carried out for | 56208 |
| residential purposes. | 56209 |
| (D) "Improvement" means the increase in the | 56210 |
| value of real property that would first appear on the tax list and | 56211 |
| duplicate of real and public utility property after the effective | 56212 |
| date of a resolution adopted under section 5709.78 of the Revised | 56213 |
| Code were it not for the exemption granted by that resolution. | 56214 |
| 56215 | |
| 56216 | |
| the Revised Code, "improvement" does not include any property used | 56217 |
| or to be used for residential purposes. | 56218 |
| (E) "Incentive district" has the same meaning as in section | 56219 |
| 5709.40 of the Revised Code, except that a blighted area is in the | 56220 |
| unincorporated territory of a county. | 56221 |
| (F) "Refund" means to fund and retire an outstanding | 56222 |
| obligation of the county. | 56223 |
| (G) "Project" and "public infrastructure improvement" have | 56224 |
| the same meanings as in section 5709.40 of the Revised Code. | 56225 |
| Sec. 5709.78. (A) A board of county commissioners may, by | 56226 |
| resolution, declare improvements to certain parcels of real | 56227 |
| property located in the unincorporated territory of the county to | 56228 |
| be a public purpose. Except as otherwise provided in division (C) | 56229 |
| of this section, not more than seventy-five per cent of an | 56230 |
| improvement thus declared to be a public purpose may be exempted | 56231 |
|
from real property taxation | 56232 |
| 56233 | |
| 56234 | |
| 56235 | |
| 56236 | |
| percentage of the improvement to be exempted. | 56237 |
| A resolution adopted under this division shall designate the | 56238 |
| specific public infrastructure improvements made, to be made, or | 56239 |
| in the process of being made by the county that directly benefit, | 56240 |
| or that once made will directly benefit, the parcels for which | 56241 |
|
improvements are declared to be a public purpose. | 56242 |
| 56243 | |
| 56244 | |
| 56245 | |
| 56246 | |
| 56247 | |
| 56248 | |
| payments provided for in section 5709.79 of the Revised Code shall | 56249 |
| be used to finance the public infrastructure improvements | 56250 |
| designated in the resolution. | 56251 |
| (B) A board of county commissioners may adopt a resolution | 56252 |
| creating an incentive district and declaring improvements to | 56253 |
| parcels within the district to be a public purpose and exempt from | 56254 |
| taxation as provided in this section. The district shall be | 56255 |
| located within the unincorporated territory of the county and | 56256 |
| shall not include any territory that is included within a district | 56257 |
| created under division (C) of section 5709.73 of the Revised Code. | 56258 |
| The resolution shall delineate the boundary of the district and | 56259 |
| specifically identify each parcel within the district. A district | 56260 |
| may not include any parcel that is or has been exempted from | 56261 |
| taxation under division (A) of this section or that is or has been | 56262 |
| within another district created under this division. A resolution | 56263 |
| may create more than one such district, and more than one | 56264 |
| resolution may be adopted under this division. | 56265 |
| Not later than thirty days prior to adopting a resolution | 56266 |
| under this division, if the county intends to apply for exemptions | 56267 |
| from taxation under section 5709.911 of the Revised Code on behalf | 56268 |
| of owners of real property located within the proposed incentive | 56269 |
| district, the board of county commissioners shall conduct a public | 56270 |
| hearing on the proposed resolution. Not later than thirty days | 56271 |
| prior to the public hearing, the board shall give notice of the | 56272 |
| public hearing and the proposed resolution by first class mail to | 56273 |
| every real property owner whose property is located within the | 56274 |
| boundaries of the proposed incentive district that is the subject | 56275 |
| of the proposed resolution. The board also shall provide the | 56276 |
| notice by first class mail to the clerk of each township in which | 56277 |
| the proposed incentive district will be located. | 56278 |
| A resolution under this division shall specify the life of | 56279 |
| the district and the percentage of the improvements to be exempted | 56280 |
| and shall designate the public infrastructure improvements made or | 56281 |
| to be made that benefit or serve parcels in the district. | 56282 |
| A resolution adopted under this division may authorize the | 56283 |
| use of service payments provided for in section 5709.79 of the | 56284 |
| Revised Code for the purpose of housing renovations within the | 56285 |
| district, provided that the resolution also designates public | 56286 |
| infrastructure improvements that benefit or serve the district, | 56287 |
| and that a project within the district places real property in use | 56288 |
| for commercial or industrial purposes. Service payments may be | 56289 |
| used to finance or support loans, deferred loans, and grants to | 56290 |
| persons for the purpose of housing renovations within the | 56291 |
| district. The resolution shall designate the parcels within the | 56292 |
| district that are eligible for housing renovations. The resolution | 56293 |
| shall state separately the amount or the percentages of the | 56294 |
| expected aggregate service payments that are designated for each | 56295 |
| public infrastructure improvement and for the purpose of housing | 56296 |
| renovations. | 56297 |
| Except with the approval of the board of education of each | 56298 |
| city, local, or exempted village school district within the | 56299 |
| territory of which the district is or will be located, the life of | 56300 |
| a district shall not exceed ten years, and the percentage of | 56301 |
| improvements to be exempted shall not exceed seventy-five per | 56302 |
| cent. With such approval, the life of a district may be not more | 56303 |
| than thirty years, and the percentage of improvements to be | 56304 |
| exempted may be not more than one hundred per cent. | 56305 |
| Approval of a board of education shall be obtained in the | 56306 |
| manner provided in division (C) of this section for exemptions | 56307 |
| under division (A) of this section, except that the notice to the | 56308 |
| board of education shall delineate the boundaries of the district, | 56309 |
| specifically identify each parcel within the district, identify | 56310 |
| each anticipated improvement in the district, provide an estimate | 56311 |
| of the true value in money of each such improvement, specify the | 56312 |
| life of the district and the percentage of improvements that would | 56313 |
| be exempted, and indicate the date on which the board of county | 56314 |
| commissioners intends to adopt the resolution. | 56315 |
| A board of county commissioners shall not adopt a resolution | 56316 |
|
under this division after June 30, | 56317 |
| (C)(1) If the resolution declaring improvements to a parcel | 56318 |
| to be a public purpose or creating an incentive district specifies | 56319 |
| that payments in lieu of taxes provided for in section 5709.79 of | 56320 |
| the Revised Code shall be paid to the city, local, or exempted | 56321 |
| village school district in which the parcel is located in the | 56322 |
| amount of the taxes that would have been payable to the school | 56323 |
| district if the improvements had not been exempted from taxation, | 56324 |
| the percentage of the improvement that may be exempted from | 56325 |
| taxation may exceed seventy-five per cent, and the exemption may | 56326 |
| be granted for up to thirty years, without the approval of the | 56327 |
| board of education as otherwise required under division (C)(2) of | 56328 |
| this section. | 56329 |
| (2) Improvements with respect to a parcel may be exempted | 56330 |
| from taxation under division (A) of this section for up to ten | 56331 |
| years or, with the approval of the board of education of the city, | 56332 |
| local, or exempted village school district within which the parcel | 56333 |
| is located, for up to thirty years. The percentage of the | 56334 |
| improvements exempted from taxation may, with such approval, | 56335 |
| exceed seventy-five per cent, but shall not exceed one hundred per | 56336 |
| cent. Not later than forty-five business days prior to adopting a | 56337 |
| resolution under this section declaring improvements to be a | 56338 |
| public purpose that is subject to the approval of a board of | 56339 |
| education under this division, the board of county commissioners | 56340 |
| shall deliver to the board of education a notice stating its | 56341 |
| intent to adopt a resolution making that declaration. The notice | 56342 |
| shall identify the parcels for which improvements are to be | 56343 |
| exempted from taxation, provide an estimate of the true value in | 56344 |
| money of the improvements, specify the period for which the | 56345 |
| improvements would be exempted from taxation and the percentage of | 56346 |
| the improvements that would be exempted, and indicate the date on | 56347 |
| which the board of county commissioners intends to adopt the | 56348 |
| resolution. The board of education, by resolution adopted by a | 56349 |
| majority of the board, may approve the exemption for the period or | 56350 |
| for the exemption percentage specified in the notice, may | 56351 |
| disapprove the exemption for the number of years in excess of ten, | 56352 |
| may disapprove the exemption for the percentage of the | 56353 |
| improvements to be exempted in excess of seventy-five per cent, or | 56354 |
| both, or may approve the exemption on the condition that the board | 56355 |
| of county commissioners and the board of education negotiate an | 56356 |
| agreement providing for compensation to the school district equal | 56357 |
| in value to a percentage of the amount of taxes exempted in the | 56358 |
| eleventh and subsequent years of the exemption period or, in the | 56359 |
| case of exemption percentages in excess of seventy-five per cent, | 56360 |
| compensation equal in value to a percentage of the taxes that | 56361 |
| would be payable on the portion of the improvements in excess of | 56362 |
| seventy-five per cent were that portion to be subject to taxation, | 56363 |
| or other mutually agreeable compensation. The board of education | 56364 |
| shall certify its resolution to the board of county commissioners | 56365 |
| not later than fourteen days prior to the date the board of county | 56366 |
| commissioners intends to adopt its resolution as indicated in the | 56367 |
|
notice. | 56368 |
| 56369 | |
| 56370 | |
| 56371 | |
| commissioners negotiate a mutually acceptable compensation | 56372 |
| agreement, the resolution of the board of county commissioners may | 56373 |
| declare the improvements a public purpose for the number of years | 56374 |
| specified in that resolution or, in the case of exemption | 56375 |
| percentages in excess of seventy-five per cent, for the exemption | 56376 |
| percentage specified in the resolution. In either case, if the | 56377 |
| board of education and the board of county commissioners fail to | 56378 |
| negotiate a mutually acceptable compensation agreement, the | 56379 |
| resolution may declare the improvements a public purpose for not | 56380 |
| more than ten years, but shall not exempt more than seventy-five | 56381 |
|
per cent of the improvements from taxation | 56382 |
| 56383 | |
| 56384 | |
| 56385 | |
| 56386 | |
| education fails to certify a resolution to the board of county | 56387 |
| commissioners within the time prescribed by this section, the | 56388 |
| board of county commissioners thereupon may adopt the resolution | 56389 |
| and may declare the improvements a public purpose for up to thirty | 56390 |
| years or, in the case of exemption percentages proposed in excess | 56391 |
| of seventy-five per cent, for the exemption percentage specified | 56392 |
| in the resolution. The board of county commissioners may adopt the | 56393 |
| resolution at any time after the board of education certifies its | 56394 |
| resolution approving the exemption to the board of county | 56395 |
| commissioners, or, if the board of education approves the | 56396 |
| exemption on the condition that a mutually acceptable compensation | 56397 |
| agreement be negotiated, at any time after the compensation | 56398 |
| agreement is agreed to by the board of education and the board of | 56399 |
| county commissioners. | 56400 |
| | 56401 |
| waiving its right to approve exemptions from taxation and the | 56402 |
| resolution remains in effect, approval of such exemptions by the | 56403 |
|
board of
education is not required under division
(C) | 56404 |
| this section. If a board of education has adopted a resolution | 56405 |
| allowing a board of county commissioners to deliver the notice | 56406 |
|
required under
division
(C) | 56407 |
| forty-five business days prior to approval of the resolution by | 56408 |
| the board of county commissioners, the board of county | 56409 |
| commissioners shall deliver the notice to the board of education | 56410 |
| not later than the number of days prior to such approval as | 56411 |
| prescribed by the board of education in its resolution. If a board | 56412 |
| of education adopts a resolution waiving its right to approve | 56413 |
| exemptions or shortening the notification period, the board of | 56414 |
| education shall certify a copy of the resolution to the board of | 56415 |
| county commissioners. If the board of education rescinds such a | 56416 |
| resolution, it shall certify notice of the rescission to the board | 56417 |
| of county commissioners. | 56418 |
| (D) An exemption from taxation granted under this section | 56419 |
|
commences
with the tax year | 56420 |
| 56421 | |
| 56422 | |
| date of the resolution. Except as otherwise provided in this | 56423 |
| division, the exemption ends on the date specified in the | 56424 |
| resolution as the date the improvement ceases to be a public | 56425 |
| purpose or the incentive district expires, or ends on the date on | 56426 |
| which the county can no longer require annual service payments in | 56427 |
| lieu of taxes under section 5709.79 of the Revised Code, whichever | 56428 |
| occurs first. The exemption of an improvement with respect to a | 56429 |
| parcel may end on a later date, as specified in the resolution, if | 56430 |
| the board of commissioners and the board of education of the city, | 56431 |
| local, or exempted village school district within which the parcel | 56432 |
| is located have entered into a compensation agreement under | 56433 |
| section 5709.82 of the Revised Code with respect to the | 56434 |
| improvement or district and the board of education has approved | 56435 |
| the
term of the
exemption
under division
(C) | 56436 |
| section, but in no case shall the improvement be exempted from | 56437 |
| taxation for more than thirty years. Exemptions shall be claimed | 56438 |
| and allowed in the same or a similar manner as in the case of | 56439 |
| other real property exemptions. If an exemption status changes | 56440 |
| during a tax year, the procedure for the apportionment of the | 56441 |
| taxes for that year is the same as in the case of other changes in | 56442 |
| tax exemption status during the year. | 56443 |
| (E) If the board of county commissioners is not required by | 56444 |
| this section to notify the board of education of the board of | 56445 |
| county commissioners' intent to declare improvements to be a | 56446 |
| public purpose, the board of county commissioners shall comply | 56447 |
| with the notice requirements imposed under section 5709.83 of the | 56448 |
| Revised Code before taking formal action to adopt the resolution | 56449 |
| making that declaration, unless the board of education has adopted | 56450 |
| a resolution under that section waiving its right to receive such | 56451 |
| a notice. | 56452 |
| (F) The county, not later than fifteen days after the | 56453 |
| adoption of a resolution under this section, shall submit to the | 56454 |
| director of development a copy of the resolution. On or before the | 56455 |
| thirty-first day of March of each year, the county shall submit a | 56456 |
| status report to the director of development. The report shall | 56457 |
| indicate, in the manner prescribed by the director, the progress | 56458 |
| of the project during each year that an exemption remains in | 56459 |
| effect, including a summary of the receipts from service payments | 56460 |
| in lieu of taxes; expenditures of money from funds created under | 56461 |
| section 5709.75 of the Revised Code; a description of the public | 56462 |
| infrastructure improvements and housing renovations financed with | 56463 |
| such expenditures; and a quantitative summary of changes in | 56464 |
| employment and private investment resulting from each project. | 56465 |
| (G) Nothing in this section shall be construed to prohibit a | 56466 |
| board of county commissioners from declaring to be a public | 56467 |
| purpose improvements with respect to more than one parcel. | 56468 |
| Sec. 5711.21. (A) In assessing taxable property the assessor | 56469 |
| shall be governed by the rules of assessment prescribed by | 56470 |
| sections 5711.01 to 5711.36 of the Revised Code. Wherever any | 56471 |
| taxable property is required to be assessed at its true value in | 56472 |
| money or at any percentage of true value, the assessor shall be | 56473 |
| guided by the statements contained in the taxpayer's return and | 56474 |
| such other rules and evidence as will enable the assessor to | 56475 |
| arrive at such true value. Wherever the income yield of taxable | 56476 |
| property is required to be assessed, and the method of determining | 56477 |
| between income and return or distribution of principal, or that of | 56478 |
| allocating expenses in determining net income, or that of | 56479 |
| ascertaining the source from which partial distributions of income | 56480 |
| have been made is not expressly prescribed by sections 5711.01 to | 56481 |
| 5711.36 of the Revised Code, the assessor shall be guided by the | 56482 |
| statements contained in the taxpayer's return and such general | 56483 |
| rules as the tax commissioner adopts to enable the assessor to | 56484 |
| make such determination. | 56485 |
| (B) The true value of the boilers, machinery, equipment, and | 56486 |
| any personal property used to generate or distribute | 56487 |
| electricity shall be: | 56488 |
| (1) For tax years before tax year 2006, the sum of the | 56489 |
| following: | 56490 |
| | 56491 |
| determined under this chapter if none of the electricity were | 56492 |
| distributed to others multiplied by the per cent of the | 56493 |
| electricity generated in the preceding calendar year that was used | 56494 |
| by the person who generated it; plus | 56495 |
| | 56496 |
| equipment as it would be determined for an electric company under | 56497 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 56498 |
| the electricity generated in the preceding calendar year that was | 56499 |
| not used by the person who generated it; plus | 56500 |
| | 56501 |
| equipment as it would be determined for an electric company under | 56502 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 56503 |
| the electricity generated in the preceding calendar year that was | 56504 |
| not used by the person who generated it. | 56505 |
| (2) For tax year 2006 and each tax year thereafter, the true | 56506 |
| value of the property as it would be determined under this chapter | 56507 |
| if none of the electricity were distributed to others multiplied | 56508 |
| by the per cent of the electricity generated in the preceding | 56509 |
| calendar year that was used by the person who generated it. | 56510 |
| (C) | 56511 |
| personal property leased to a public utility or interexchange | 56512 |
| telecommunications company as defined in section 5727.01 of the | 56513 |
| Revised Code and used by the utility or interexchange | 56514 |
| telecommunications company directly in the rendition of a public | 56515 |
| utility service as defined in division (P) of section 5739.01 of | 56516 |
| the Revised Code shall be determined in the same manner that the | 56517 |
| true value of such property is determined under section 5727.11 of | 56518 |
| the Revised Code if owned by the public utility or interexchange | 56519 |
| telecommunications company. | 56520 |
| Sec. 5711.22. (A) Deposits not taxed at the source shall be | 56521 |
| listed and assessed at their amount in dollars on the day they are | 56522 |
| required to be listed. Moneys shall be listed and assessed at the | 56523 |
| amount thereof in dollars on hand on the day that they are | 56524 |
| required to be listed. In listing investments, the amount of the | 56525 |
| income yield of each for the calendar year next preceding the date | 56526 |
| of listing shall, except as otherwise provided in this chapter, be | 56527 |
| stated in dollars and cents and the assessment thereof shall be at | 56528 |
| the amount of such income yield; but any property defined as | 56529 |
| investments in either division (A) or (B) of section 5701.06 of | 56530 |
| the Revised Code that has not been outstanding for the full | 56531 |
| calendar year next preceding the date of listing, except shares of | 56532 |
| stock of like kind as other shares of the same corporation | 56533 |
| outstanding for the full calendar year next preceding the date of | 56534 |
| listing, or which has yielded no income during such calendar year | 56535 |
| shall be listed and assessed as unproductive investments, at their | 56536 |
| true value in money on the day that such investments are required | 56537 |
| to be listed. | 56538 |
| Credits and other taxable intangibles shall be listed and | 56539 |
| assessed at their true value in money on the day as of which the | 56540 |
| same are required to be listed. | 56541 |
| Shares of stock of a bank holding company, as defined in | 56542 |
| Title 12 U.S.C.A., section 1841, that are required to be listed | 56543 |
| for taxation under this division and upon which dividends were | 56544 |
| paid during the year of their issuance, which dividends are | 56545 |
| subject to taxation under the provisions of Chapter 5747. of the | 56546 |
| Revised Code, shall be exempt from the intangibles tax for the | 56547 |
| year immediately succeeding their issuance. If such shares bear | 56548 |
| dividends the first calendar year after their issuance, which | 56549 |
| dividends are subject to taxation under the provisions of Chapter | 56550 |
| 5747. of the Revised Code, it shall be deemed that the | 56551 |
| nondelinquent intangible property tax pursuant to division (A) of | 56552 |
| section 5707.04 of the Revised Code was paid on those dividends | 56553 |
| paid that first calendar year after the issuance of the shares. | 56554 |
| (B) | 56555 |
| the true value of which is determined under division (B) of | 56556 |
| section 5711.21 of the Revised Code shall be listed and assessed | 56557 |
| at an amount equal to: | 56558 |
| (1) For tax years before tax year 2006, the sum of the | 56559 |
| products determined under divisions (B)(1)(a), (b), and (c) of | 56560 |
| this section. | 56561 |
| (a) Multiply the portion of the true value | 56562 |
| calculated under division (B)(1)(a) of section 5711.21 of the | 56563 |
| Revised Code by the assessment rate for the tax year in division | 56564 |
| (F) of this section; | 56565 |
| (b) Multiply the portion of the true value determined under | 56566 |
| division (B) | 56567 |
| the assessment rate in section 5727.111 of the Revised Code that | 56568 |
| is applicable to the production equipment of an electric company; | 56569 |
| (c) Multiply the portion of the true value determined under | 56570 |
| division (B) | 56571 |
| the assessment rate in section 5727.111 of the Revised Code that | 56572 |
| is applicable to the property of an electric company that is not | 56573 |
| production equipment. | 56574 |
| (2) | 56575 |
| the product calculated by multiplying the portion of the true | 56576 |
| value determined under division (B)(2) of section 5711.21 of the | 56577 |
| Revised Code by the assessment rate for that tax year in division | 56578 |
| (F) of this section. | 56579 |
| (C) For tax years before tax year 2006, personal property | 56580 |
| leased to a public utility or interexchange telecommunications | 56581 |
| company as defined in section 5727.01 of the Revised Code and used | 56582 |
| directly in the rendition of a public utility service as defined | 56583 |
| in division (P) of section 5739.01 of the Revised Code shall be | 56584 |
| listed and assessed at the same percentage of true value in money | 56585 |
| that such property is required to be assessed by section 5727.111 | 56586 |
| of the Revised Code if owned by the public utility or | 56587 |
| interexchange telecommunications company. | 56588 |
| | 56589 |
| outside this state and held in this state in a warehouse or a | 56590 |
| place of storage without further manufacturing or processing and | 56591 |
| for storage
only and for shipment outside this
state, but that | 56592 |
| 56593 | |
| this state" under division (B)(1) or (2) of section 5701.08 of the | 56594 |
| Revised
Code, | 56595 |
| 56596 | |
| 56597 |
| | 56598 |
| 56599 | |
| 56600 | |
| 56601 | |
| 56602 | |
| 56603 | |
| 56604 | |
| 56605 | |
| 56606 | |
| 56607 |
| | 56608 |
| 56609 |
| | 56610 |
| 56611 | |
| 56612 | |
| 56613 |
| | 56614 |
| 56615 | |
| 56616 | |
| 56617 | |
| 56618 | |
| 56619 | |
| 56620 | |
| 56621 | |
| nevertheless not used in business in this state for property tax | 56622 |
| purposes. | 56623 |
| | 56624 |
| qualified out-of-state person shipped from outside this state and | 56625 |
| held in this state in a public warehouse without further | 56626 |
| manufacturing or processing and for temporary storage only and for | 56627 |
| shipment inside this state, but that | 56628 |
| not qualify as "not used in business in this state" under division | 56629 |
| (B)(1) or (2) of
section 5701.08 of the Revised
Code, | 56630 |
| 56631 | |
| 56632 | |
| 56633 |
| | 56634 |
| 56635 | |
| 56636 | |
| 56637 | |
| 56638 | |
| 56639 | |
| 56640 | |
| 56641 | |
| 56642 | |
| 56643 |
| | 56644 |
| 56645 |
| | 56646 |
| 56647 | |
| 56648 | |
| 56649 |
| | 56650 |
| 56651 | |
| 56652 | |
| 56653 | |
| 56654 | |
| used in business in this state for property tax purposes. | 56655 |
| | 56656 |
| (a) "Qualified out-of-state person" means a person that does | 56657 |
| not own, lease, or use property, other than merchandise or an | 56658 |
| agricultural product described in this division, in this state, | 56659 |
| and does not have employees, agents, or representatives in this | 56660 |
| state; | 56661 |
| (b) "Public warehouse" means a warehouse in this state that | 56662 |
| is not subject to the control of or under the supervision of the | 56663 |
| owner of the merchandise or agricultural product stored in it, or | 56664 |
| staffed by the owner's employees, and from which the property is | 56665 |
| to be shipped inside this state. | 56666 |
| (E) Personal property valued pursuant to section 5711.15 of | 56667 |
| the Revised Code and personal property required to be listed on | 56668 |
| the average basis by division (A) of section 5711.16 of the | 56669 |
| Revised
Code, except property described in division
| 56670 |
| this section, business fixtures, and furniture not held for sale | 56671 |
| in the course of business, shall be listed and assessed at the | 56672 |
| 56673 | |
| 56674 |
| (1) | 56675 |
| 56676 | |
| 56677 | |
| 56678 | |
| 56679 | |
| 56680 | |
| 56681 | |
| 56682 |
| | 56683 |
| be | 56684 |
| 56685 | |
| 56686 | |
| 56687 | |
| 56688 | |
| 56689 | |
| value. | 56690 |
| | 56691 |
| (3) For tax year 2008, fourteen per cent of true value; | 56692 |
| (4) For tax year 2009, seven per cent of true value; | 56693 |
| (5) For tax year 2010 and each tax year thereafter, | 56694 |
| 56695 | |
| 56696 | |
| 56697 | |
| 56698 |
| | 56699 |
| 56700 | |
| 56701 | |
| 56702 |
| | 56703 |
| 56704 | |
| 56705 | |
| 56706 | |
| 56707 | |
| percent of true value. | 56708 |
| (F) All engines and machinery, and tools and implements, used | 56709 |
| or designed to be used in manufacturing as described in section | 56710 |
| 5711.16 of the Revised Code, in mining, in stone plants and gravel | 56711 |
| plants, in laundries, towel, and linen supply and dry cleaning | 56712 |
| plants, and in radio and television broadcasting shall be listed | 56713 |
| and assessed at a percentage rate of its true value in money in | 56714 |
| accordance with the following schedule: | 56715 |
| (1) For all such property not previously used in business in | 56716 |
| this state by the owner thereof, or by related member or | 56717 |
| predecessor of the owner, other than as inventory, before January | 56718 |
| 1, 2005, the assessment rate shall be zero per cent of true value; | 56719 |
| (2) For all other such property, the assessment rate for tax | 56720 |
| year 2005 shall be twenty-five per cent of true value, twelve and | 56721 |
| one-half per cent of true value for tax year 2006, and zero per | 56722 |
| cent of true value for tax year 2007 and each tax year thereafter. | 56723 |
| | 56724 |
| property used in business that has not been legally regarded as an | 56725 |
| improvement on land and considered in arriving at the value of the | 56726 |
| real property assessed for taxation shall be listed and assessed | 56727 |
| at | 56728 |
| value in money in accordance with the following schedule: | 56729 |
| (1) For tax year 2005, twenty-five per cent of true value; | 56730 |
| (2) For tax year 2006, twenty per cent of true value; | 56731 |
| (3) For tax year 2007, fifteen per cent of true value; | 56732 |
| (4) For tax year 2008, ten per cent of true value; | 56733 |
| (5) For tax year 2009, five per cent of true value; | 56734 |
| (6) For tax year 2010 and each tax year thereafter, zero per | 56735 |
| cent of true value. | 56736 |
| (H) During and after the tax year in which the assessment | 56737 |
| rate equals zero per cent, the property described in division (E), | 56738 |
| (F), or (G) of this section shall not be listed for taxation. | 56739 |
| (I) Divisions (E), (F), and (G) of this section apply to the | 56740 |
| property of a person described in divisions (E)(3) to (11) of | 56741 |
| section 5751.01 of the Revised Code. Division (I) of this section | 56742 |
| does not prevent the application of the exemption of property from | 56743 |
| taxation under section 5725.25 or 5725.26 of the Revised Code. | 56744 |
| Sec. 5713.08. (A) The county auditor shall make a list of | 56745 |
| all real and personal property in the auditor's county, including | 56746 |
| money, credits, and investments in bonds, stocks, or otherwise, | 56747 |
| 56748 | |
| name of the owner, the value of the property exempted, and a | 56749 |
| statement in
brief form of the ground on which | 56750 |
| has been granted. It shall be corrected annually by adding thereto | 56751 |
| the
items of property | 56752 |
| year, and
by striking therefrom the items | 56753 |
| opinion of the auditor have lost their right of exemption and | 56754 |
| 56755 | |
| shall be made to such exempt lists and no additional items of | 56756 |
| property shall be exempted from taxation without the consent of | 56757 |
| the tax commissioner as is provided for in section 5715.27 of the | 56758 |
| Revised Code or without the consent of the housing officer under | 56759 |
| section 3735.67 of the Revised Code. When any personal property or | 56760 |
| endowment fund of an institution has once been held by the | 56761 |
| commissioner to be properly exempt from taxation, it is not | 56762 |
| necessary to obtain the commissioner's consent to the exemption of | 56763 |
| additional property or investments of the same kind belonging to | 56764 |
| the same institution, but such property shall appear on the | 56765 |
| abstract filed annually with the commissioner. The commissioner | 56766 |
| may revise at any time the list in every county so that no | 56767 |
| property is improperly or illegally exempted from taxation. The | 56768 |
| auditor shall follow the orders of the commissioner given under | 56769 |
| this section. An abstract
of | 56770 |
| with the commissioner, on a form approved by the commissioner, and | 56771 |
| a copy thereof shall be kept on file in the office of each auditor | 56772 |
| for public inspection. | 56773 |
| The commissioner shall not consider an application for | 56774 |
| exemption of property unless the application has attached thereto | 56775 |
| a certificate executed by the county treasurer certifying one of | 56776 |
| the following: | 56777 |
| (1) That all taxes, assessments, interest, and penalties | 56778 |
| levied and assessed against the property sought to be exempted | 56779 |
| have been paid in full to the date upon which the application for | 56780 |
| exemption is filed, except for such taxes, interest, and penalties | 56781 |
| that may be remitted under division (B) of this section; | 56782 |
| (2) That the applicant has entered into a valid delinquent | 56783 |
| tax contract with the county treasurer pursuant to division (A) of | 56784 |
| section 323.31 of the Revised Code to pay all of the delinquent | 56785 |
| taxes, assessments, interest, and penalties charged against the | 56786 |
| property, except for such taxes, interest, and penalties that may | 56787 |
| be remitted under division (B) of this section. If the auditor | 56788 |
| receives notice under section 323.31 of the Revised Code that such | 56789 |
| a written delinquent tax contract has become void, the auditor | 56790 |
| shall
strike | 56791 |
| and reenter | 56792 |
| removed from the exempt list because a written delinquent tax | 56793 |
| contract has become void, current taxes shall first be extended | 56794 |
| against that property on the general tax list and duplicate of | 56795 |
| real and public utility property for the tax year in which the | 56796 |
| auditor receives the notice required by division (A) of section | 56797 |
| 323.31 of the Revised Code that the delinquent tax contract has | 56798 |
| become void or, if that notice is not timely made, for the tax | 56799 |
| year in which falls the latest date by which the treasurer is | 56800 |
| required by | 56801 |
| auditor shall not remove from any tax list and duplicate the | 56802 |
| amount of any unpaid delinquent taxes, assessments, interest, or | 56803 |
| penalties owed on property that is placed on the exempt list | 56804 |
| pursuant to this division. | 56805 |
| (3) That a tax certificate has been issued under section | 56806 |
| 5721.32 or 5721.33 of the Revised Code with respect to the | 56807 |
| property that is the subject of the application, and the tax | 56808 |
| certificate is outstanding. | 56809 |
| (B) Any taxes, interest, and penalties | 56810 |
| a lien after the property was first used for the exempt purpose, | 56811 |
| but in no case prior to the date of acquisition of the title to | 56812 |
| the property by the applicant, may be remitted by the | 56813 |
| commissioner, except as is provided in division (A) of section | 56814 |
| 5713.081 of the Revised Code. | 56815 |
| (C) Real property acquired by the state in fee simple is | 56816 |
| exempt from taxation from the date of acquisition of title or date | 56817 |
| of possession, whichever is the earlier date, provided that all | 56818 |
| taxes, interest, and penalties as provided in the apportionment | 56819 |
| provisions of section 319.20 of the Revised Code have been paid to | 56820 |
| the date of acquisition of title or date of possession by the | 56821 |
| state, whichever is earlier. The proportionate amount of taxes | 56822 |
| that are a lien but not yet determined, assessed, and levied for | 56823 |
| the year in which the property is acquired, shall be remitted by | 56824 |
| the county auditor for the balance of the year from date of | 56825 |
| acquisition of title or date of possession, whichever is earlier. | 56826 |
| This section shall not be construed to authorize the exemption of | 56827 |
| such property from taxation or the remission of taxes, interest, | 56828 |
| and penalties thereon until all private use has terminated. | 56829 |
| Real property acquired by the department of natural resources | 56830 |
| for which an application for exemption has been filed shall be | 56831 |
| removed from the tax list and duplicate and shall not accrue taxes | 56832 |
| or penalties while the application for tax exemption is being | 56833 |
| processed. | 56834 |
| Sec. 5715.24. (A) The tax commissioner, annually, shall | 56835 |
| determine whether the real property and the various classes | 56836 |
| thereof in the several counties, municipal corporations, and | 56837 |
| taxing districts which have completed a sexennial reappraisal in | 56838 |
| the current year and which will have the new taxable values placed | 56839 |
| on the tax list and duplicate have been assessed as required by | 56840 |
| law, and whether the values set forth in the agricultural land tax | 56841 |
| list in such taxing districts correctly reflect the true and | 56842 |
| agricultural use values of the lands contained therein. The | 56843 |
| determination shall be made prior to the first Monday in August | 56844 |
| unless the commissioner, for good cause, extends the date. If the | 56845 |
| commissioner finds that the real property or any class thereof in | 56846 |
| any such county, municipal corporation, or taxing district, as | 56847 |
| reported to it by the several county auditors of the counties that | 56848 |
| have completed such reappraisal is not listed for taxation or | 56849 |
| recorded on the agricultural land tax list in accordance | 56850 |
| therewith, | 56851 |
| appropriate aggregate value of the real property or any class | 56852 |
| thereof in any such county, township, municipal corporation, | 56853 |
| taxing district, or ward or division of a municipal corporation, | 56854 |
| by a per cent or amount that will cause such property to be | 56855 |
| correctly valued on the agricultural land tax list and to be | 56856 |
| correctly assessed on the tax list at its taxable value so that | 56857 |
| every class of real property shall be listed and valued for | 56858 |
| taxation and valued for purposes of sections 5713.33 to 5713.35 of | 56859 |
| the Revised Code as required by law. In determining whether a | 56860 |
| class of real property has been assessed at its correct taxable | 56861 |
| value or agricultural use value and in determining any per cent or | 56862 |
| amount by which the aggregate value of the class from a prior year | 56863 |
| shall be increased or decreased to be correctly assessed, the | 56864 |
| value of new construction shall not be regarded as an increase in | 56865 |
| such aggregate value from the prior year, and the value of | 56866 |
| property destroyed or demolished since the prior year shall be | 56867 |
| deducted from the aggregate value of that class for the prior | 56868 |
| year. | 56869 |
| In implementing any increase or decrease in valuation of real | 56870 |
| property ordered by the commissioner pursuant to this section, the | 56871 |
| county auditor shall, when practicable, increase or decrease the | 56872 |
| taxable valuation of parcels in accordance with actual changes in | 56873 |
| valuation of real property which occur in different subdivisions, | 56874 |
| neighborhoods, or among classes of real property in the county. | 56875 |
| (B) Division (A) of this section also applies to a county in | 56876 |
| the third calendar year following the year in which a sexennial | 56877 |
| reappraisal is completed. | 56878 |
| Sec. 5719.041. If the payment of a general personal property | 56879 |
| or classified property tax is not made on or before the last day | 56880 |
| prescribed by section 5719.03 or 5719.031 of the Revised Code, an | 56881 |
| interest charge shall begin to accrue and shall continue until all | 56882 |
| charges are paid, except that no interest charge shall accrue for | 56883 |
| or in the month in which such payment was due under such section | 56884 |
| or under the circumstances and for the period described in | 56885 |
| division (A)(2) of section 5711.33 of the Revised Code or upon | 56886 |
| delinquent taxes that are the subject of a delinquent tax contract | 56887 |
| entered into pursuant to section 5719.05 of the Revised Code. | 56888 |
| The interest charge shall accrue against the balance of such | 56889 |
| taxes and any penalty thereon outstanding that remains unpaid on | 56890 |
| the last day of each month and shall be at the rate per calendar | 56891 |
| month, rounded to the nearest one-hundredth of one per cent, equal | 56892 |
| to one-twelfth of the | 56893 |
| short-term rate determined by the tax commissioner under section | 56894 |
| 5703.47 of the Revised Code for the calendar year that includes | 56895 |
| the month for which the charge accrues. The charge is payable in | 56896 |
| addition to the unpaid balance of taxes and penalties on the day | 56897 |
| the charge accrues, unless the entire balance is sooner paid. | 56898 |
| If a delinquent tax contract becomes void, interest shall be | 56899 |
| charged on the day on which the contract becomes void in the | 56900 |
| amount that would have been charged had the delinquent tax | 56901 |
| contract not been entered into and shall thereafter accrue as | 56902 |
| provided in this section. | 56903 |
| Interest shall be allowed, at the same rate per calendar | 56904 |
| month as is applicable that month for underpayments, on any | 56905 |
| overpayment of the tax charged on a general personal property or a | 56906 |
| classified property tax duplicate, from the first day of the month | 56907 |
| following the date of the overpayment until the last day of the | 56908 |
| month preceding the date of the refund of the overpayment. The | 56909 |
| interest shall be paid from the fund or funds to which the | 56910 |
| overpayment was credited. | 56911 |
| When the county treasurer makes the treasurer's annual | 56912 |
| settlement with the county auditor under division (D) of section | 56913 |
| 321.24 of the Revised Code, the treasurer shall certify to the | 56914 |
| auditor a list of all entries on the cumulative delinquent tax | 56915 |
| duplicate that are at that time in the process of being paid in | 56916 |
| installments under a valid delinquent tax contract. For each entry | 56917 |
| that appears on the duplicate that is not on the certified list, | 56918 |
| the auditor shall compute the full amount of interest charges | 56919 |
| which have accrued against such entry since the preceding such | 56920 |
| settlement was made and shall include such charges through the | 56921 |
| last day of the month preceding the current settlement. The | 56922 |
| auditor shall include such amounts on the tax list and duplicates | 56923 |
| prepared by the auditor as prescribed in section 5719.04 of the | 56924 |
| Revised Code unless the interest is less than one dollar, in which | 56925 |
| case it shall not be added to such tax lists and duplicates. | 56926 |
| Before the county treasurer accepts any payment of taxes | 56927 |
| against which there are accrued interest charges that do not | 56928 |
| appear on the delinquent tax duplicate, the treasurer shall notify | 56929 |
| the auditor who shall issue a certificate to the treasurer showing | 56930 |
| the amount of such interest charges, and the treasurer shall | 56931 |
| collect the amount shown on such certificate at the time of | 56932 |
| accepting payment of such taxes. If the amount of such interest | 56933 |
| charges is less than one dollar, no such certificate shall be | 56934 |
| issued. In the case of delinquent personal property taxes, the | 56935 |
| interest shown on such certificate shall be credited to the | 56936 |
| undivided general tax fund, and distributed in the same manner as | 56937 |
| the delinquent taxes upon which the interest charges accrued. In | 56938 |
| the case of delinquent classified property taxes, the interest | 56939 |
| shown on such certificate shall be credited to the county library | 56940 |
| and local government support fund and distributed in accordance | 56941 |
| with section 5747.48 of the Revised Code. When the payment of | 56942 |
| delinquent taxes is credited on the tax duplicate the treasurer | 56943 |
| shall make a separate notation thereon indicating the amount | 56944 |
| collected and the index number of the auditor's certificate herein | 56945 |
| prescribed. | 56946 |
| Sec. 5725.01. As used in sections 5725.01 to 5725.26 of the | 56947 |
| Revised Code: | 56948 |
| (A) "Financial institution" means: | 56949 |
| (1) A national bank organized and existing as a national bank | 56950 |
| association pursuant to the "National Bank Act," 12 U.S.C. 21; | 56951 |
| (2) A federal savings association or federal savings bank | 56952 |
| that is chartered under 12 U.S.C. 1464; | 56953 |
| (3) A bank, banking association, trust company, savings and | 56954 |
| loan association, savings bank, or other banking institution that | 56955 |
| is incorporated or organized under the laws of any state; | 56956 |
| (4) Any corporation organized under 12 U.S.C. 611 to 631; | 56957 |
| (5) Any agency or branch of a foreign depository as defined | 56958 |
| in 12 U.S.C. 3101; | 56959 |
| (6) A company licensed as a small business investment company | 56960 |
| under the "Small Business Investment Act of 1958," 72 Stat. 689, | 56961 |
| 15 U.S.C. 66l, as amended; or | 56962 |
| (7) A company chartered under the "Farm Credit Act of 1933," | 56963 |
| 48 Stat. 257, 12 U.S.C. 1131(d), as amended. | 56964 |
| Corporations or institutions organized under the "Federal | 56965 |
| Farm Loan Act" and amendments thereto, insurance companies, and | 56966 |
| credit unions shall not be considered financial institutions or | 56967 |
| dealers in intangibles within the meaning of such sections. | 56968 |
| (B) "Dealer in intangibles" includes every person who keeps | 56969 |
| an office or other place of business in this state and engages at | 56970 |
| such office or other place in the business of lending money, or | 56971 |
| discounting, buying, or selling bills of exchange, drafts, | 56972 |
| acceptances, notes, mortgages, or other evidences of indebtedness, | 56973 |
| or of buying or selling bonds, stocks, or other investment | 56974 |
| securities, whether on the person's own account with a view to | 56975 |
| profit, or as agent or broker for others, with a view to profit or | 56976 |
| personal earnings. Dealer in intangibles excludes institutions | 56977 |
| used exclusively for charitable purposes, insurance companies, and | 56978 |
| financial institutions. Neither casual nor isolated transactions | 56979 |
| of any of the kinds enumerated in this division of this section, | 56980 |
| nor the investment of funds as personal accumulations or as | 56981 |
| business reserves or working capital constitute engaging in | 56982 |
| business within the meaning of this division of this section; but | 56983 |
| a person who, having engaged in the business of lending money, or | 56984 |
| discounting, buying, or selling bills of exchange, drafts, | 56985 |
| acceptances, notes, mortgages, or other evidences of indebtedness | 56986 |
| on the person's own account, remains in business for the purpose | 56987 |
| of realizing upon the assets of | 56988 |
| dealer in intangibles, though not presently engaged in lending | 56989 |
| money or discounting or buying such securities. | 56990 |
| (C) "Insurance company" includes every corporation, | 56991 |
| association, and society engaged in the business of insurance of | 56992 |
| any character, or engaged in the business of entering into | 56993 |
| contracts substantially amounting to insurance of any character, | 56994 |
| or of indemnifying or guaranteeing against loss or damage, or | 56995 |
| acting as surety on bonds or undertakings. "Insurance company" | 56996 |
| also includes any health insuring corporation as defined in | 56997 |
| section 1751.01 of the Revised Code. | 56998 |
| (D) "Domestic insurance company" includes every insurance | 56999 |
| company organized and existing under the laws of this state, and | 57000 |
| every unincorporated association and society formed under the laws | 57001 |
| of this state for the purpose of engaging in said business, except | 57002 |
| a company, association, or society that is an insurance holding | 57003 |
| company affiliate controlled by a nonresident affiliate and has | 57004 |
| risks in this state formerly written by its foreign affiliates in | 57005 |
| a total amount exceeding the risks outstanding on the taxpayer's | 57006 |
| latest annual report that arise from business initially written by | 57007 |
| it in this state; and excludes every foreign insurance company. As | 57008 |
| used in this division, terms defined in section 3901.32 of the | 57009 |
| Revised Code have the same meanings given to them in that section. | 57010 |
| (E) "Foreign insurance company" includes every insurance | 57011 |
| company organized or existing under the laws of any other state, | 57012 |
| territory, country, or the United States and every insurance | 57013 |
| holding company affiliate excepted under division (D) of this | 57014 |
| section. | 57015 |
| (F) "Credit union" means a nonprofit cooperative financial | 57016 |
| institution organized or chartered under the laws of this state, | 57017 |
| of another state, or of the United States. | 57018 |
| Sec. 5725.19. (A) As used in this section, "tax otherwise | 57019 |
| due" means the tax imposed on a domestic insurance company under | 57020 |
| section 5725.18 of the Revised Code reduced by the total amount of | 57021 |
| all other nonrefundable credits, if any, that the domestic | 57022 |
| insurance company is entitled to claim. | 57023 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 57024 |
| venture capital authority under section 150.07 of the Revised | 57025 |
| Code, a credit may be claimed against the tax imposed on a | 57026 |
| domestic insurance company under section 5725.18 of the Revised | 57027 |
| Code. The credit shall be claimed in the calendar year specified | 57028 |
| in the certificate issued by the authority. | 57029 |
| (C) If the company elected a refundable credit under section | 57030 |
| 150.07 of the Revised Code and if the amount of the credit shown | 57031 |
| on the certificate does not exceed the tax otherwise due, then for | 57032 |
| the calendar year the company shall claim a refundable credit | 57033 |
| equal to the amount of the credit shown on the certificate. | 57034 |
| (D) If the company elected a refundable credit under section | 57035 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 57036 |
| the certificate exceeds the tax otherwise due | 57037 |
| 57038 | |
| company | 57039 |
| 57040 | |
| of the following: | 57041 |
| (1) The amount, if any, of the tax otherwise due; | 57042 |
| (2) Seventy-five per cent of the difference between the | 57043 |
| amount of the refundable credit shown on the certificate and the | 57044 |
| tax otherwise due. | 57045 |
| (E) If the company elected a nonrefundable credit, the amount | 57046 |
| of the credit shown on the certificate shall not exceed the amount | 57047 |
| of tax otherwise due. If the company elected a nonrefundable | 57048 |
| credit and the credit to which the company would otherwise be | 57049 |
| entitled under this section for any calendar year is greater than | 57050 |
| the tax otherwise due | 57051 |
| the excess shall be allowed as a nonrefundable credit in each of | 57052 |
| the ensuing ten calendar years, but the amount of any excess | 57053 |
| credit allowed in the ensuing calendar year shall be deducted from | 57054 |
| the balance carried forward to the next calendar year. | 57055 |
| Sec. 5727.01. As used in this chapter: | 57056 |
| (A) "Public utility" means each person referred to as a | 57057 |
| telephone company, telegraph company, electric company, natural | 57058 |
| gas company, pipe-line company, water-works company, water | 57059 |
| transportation company, heating company, rural electric company, | 57060 |
| railroad company, or combined company. | 57061 |
| (B) "Gross receipts" means the entire receipts for business | 57062 |
| done by any person from operations as a public utility, or | 57063 |
| incidental thereto, or in connection therewith, including any | 57064 |
| receipts received under Chapter 4928. of the Revised Code. The | 57065 |
| gross receipts for business done by an incorporated company | 57066 |
| engaged in operation as a public utility includes the entire | 57067 |
| receipts for business done by such company under the exercise of | 57068 |
| its corporate powers, whether from the operation as a public | 57069 |
| utility or from any other business. | 57070 |
| (C) "Rural electric company" means any nonprofit corporation, | 57071 |
| organization, association, or cooperative engaged in the business | 57072 |
| of supplying electricity to its members or persons owning an | 57073 |
| interest therein in an area the major portion of which is rural. | 57074 |
| (D) Any person: | 57075 |
| (1) Is a telegraph company when engaged in the business of | 57076 |
| transmitting telegraphic messages to, from, through, or in this | 57077 |
| state; | 57078 |
| (2) Is a telephone company when primarily engaged in the | 57079 |
| business of providing local exchange telephone service, excluding | 57080 |
| cellular radio service, in this state; | 57081 |
| (3) Is an electric company when engaged in the business of | 57082 |
| generating, transmitting, or distributing electricity within this | 57083 |
| state for use by others, but excludes a rural electric company; | 57084 |
| (4) Is a natural gas company when engaged in the business of | 57085 |
| supplying or distributing natural gas for lighting, power, or | 57086 |
| heating purposes to consumers within this state, excluding a | 57087 |
| person that is a governmental aggregator or retail natural gas | 57088 |
| supplier as defined in section 4929.01 of the Revised Code; | 57089 |
| (5) Is a pipe-line company when engaged in the business of | 57090 |
| transporting natural gas, oil, or coal or its derivatives through | 57091 |
| pipes or tubing, either wholly or partially within this state; | 57092 |
| (6) Is a water-works company when engaged in the business of | 57093 |
| supplying water through pipes or tubing, or in a similar manner, | 57094 |
| to consumers within this state; | 57095 |
| (7) Is a water transportation company when engaged in the | 57096 |
| transportation of passengers or property, by boat or other | 57097 |
| watercraft, over any waterway, whether natural or artificial, from | 57098 |
| one point within this state to another point within this state, or | 57099 |
| between points within this state and points without this state; | 57100 |
| (8) Is a heating company when engaged in the business of | 57101 |
| supplying water, steam, or air through pipes or tubing to | 57102 |
| consumers within this state for heating purposes; | 57103 |
| (9) Is a railroad company when engaged in the business of | 57104 |
| owning or operating a railroad either wholly or partially within | 57105 |
| this state on rights-of-way acquired and held exclusively by such | 57106 |
| company, or otherwise, and includes a passenger, street, suburban, | 57107 |
| or interurban railroad company. | 57108 |
| As used in division (D)(2) of this section, "local exchange | 57109 |
| telephone service" means making available or furnishing access and | 57110 |
| a dial tone to all persons within a local calling area for use in | 57111 |
| originating and receiving voice grade communications over a | 57112 |
| switched network operated by the provider of the service within | 57113 |
| the area and for gaining access to other telecommunication | 57114 |
| services. | 57115 |
| (E) "Taxable property" means the property required by section | 57116 |
| 5727.06 of the Revised Code to be assessed by the tax | 57117 |
|
commissioner, but does not include | 57118 |
| (1) An item of tangible personal property that for the period | 57119 |
| subsequent to the effective date of an air, water, or noise | 57120 |
| pollution control certificate and continuing so long as the | 57121 |
| certificate is in force, has been certified as part of the | 57122 |
| pollution control facility with respect to which the certificate | 57123 |
| has been issued; | 57124 |
| (2) An item of tangible personal property that during the | 57125 |
| construction of a plant or facility and until the item is first | 57126 |
| capable of operation, whether actually used in operation or not, | 57127 |
| is incorporated in or being held exclusively for incorporation in | 57128 |
| that plant or facility; | 57129 |
| (3) For tax year 2006 and thereafter, documented costs for | 57130 |
| drawings used by a public utility or interexchange | 57131 |
| telecommunications company to provide its public utility or | 57132 |
| interexchange telecommunication service. Division (E)(3) of this | 57133 |
| section does not apply to an electric company or a combined | 57134 |
| company engaged in the activity of an electric company. | 57135 |
| (F) "Taxing district" means a municipal corporation of | 57136 |
| township, or part thereof, in which the aggregate rate of taxation | 57137 |
| is uniform. | 57138 |
| (G) "Telecommunications service" has the same meaning as in | 57139 |
| division (AA) of section 5739.01 of the Revised Code. | 57140 |
| (H) "Interexchange telecommunications company" means a person | 57141 |
| that is engaged in the business of transmitting telephonic | 57142 |
| messages to, from, through, or in this state, but that is not a | 57143 |
| telephone company. | 57144 |
| (I) "Sale and leaseback transaction" means a transaction in | 57145 |
| which a public utility or interexchange telecommunications company | 57146 |
| sells any tangible personal property to a person other than a | 57147 |
| public utility or interexchange telecommunications company and | 57148 |
| leases that property back from the buyer. | 57149 |
| (J) "Production equipment" means all taxable steam, nuclear, | 57150 |
| hydraulic, and other production plant equipment used to generate | 57151 |
| electricity. For tax years prior to 2001, "production equipment" | 57152 |
| includes taxable station equipment that is located at a production | 57153 |
| plant. | 57154 |
| (K) "Tax year" means the year for which property or gross | 57155 |
| receipts are subject to assessment under this chapter. This | 57156 |
| division does not limit the tax commissioner's ability to assess | 57157 |
| and value property or gross receipts outside the tax year. | 57158 |
| (L) "Combined company" means any person engaged in the | 57159 |
| activity of an electric company or rural electric company that is | 57160 |
| also engaged in the activity of a heating company or a natural gas | 57161 |
| company, or any combination thereof. | 57162 |
| Sec. 5727.02. As used in this chapter, "public utility," | 57163 |
| "electric company," "natural gas company," "pipe-line company," | 57164 |
| "water-works company," "water transportation company" or "heating | 57165 |
| company" does not include any of the following: | 57166 |
| (A) | 57167 |
| section, any person that is engaged in some other primary business | 57168 |
| to which the supplying of electricity, heat, natural gas, water, | 57169 |
| water transportation, steam, or air to others is incidental. As | 57170 |
| used in | 57171 |
| of the Revised Code, "supplying of electricity" means generating, | 57172 |
| transmitting, or distributing electricity. | 57173 |
| (2) For tax year 2006 and each tax year thereafter, a person | 57174 |
| that is engaged in some other primary business to which the | 57175 |
| supplying of electricity to others is incidental shall be treated | 57176 |
| as an "electric company" and a "public utility" for purposes of | 57177 |
| this chapter solely to the extent required by section 5727.031 of | 57178 |
| the Revised Code. | 57179 |
| (B) Any person that supplies electricity, natural gas, water, | 57180 |
| water transportation, steam, or air to its tenants, whether for a | 57181 |
| separate charge or otherwise; | 57182 |
| (C) Any person whose primary business in this state consists | 57183 |
| of producing, refining, or marketing petroleum or its products. | 57184 |
| (D) Any person whose primary business in this state consists | 57185 |
| of producing or gathering natural gas rather than supplying or | 57186 |
| distributing natural gas to consumers. | 57187 |
| Sec. 5727.031. (A) For tax year 2006 and each tax year | 57188 |
| thereafter, a person that is engaged in some other primary | 57189 |
| business to which the supplying of electricity to others is | 57190 |
| incidental shall file a report under section 5727.08 of the | 57191 |
| Revised Code as an electric company but shall only report therein | 57192 |
| as taxable property the amounts required in divisions (B) and (C) | 57193 |
| of this section. All time limits and other procedural requirements | 57194 |
| of this chapter for the reporting and assessment of property of | 57195 |
| electric companies apply to persons required to file a report | 57196 |
| under this section. | 57197 |
| (B) A person subject to this section shall report the true | 57198 |
| value of the boilers, machinery, equipment, and any personal | 57199 |
| property used to supply electricity to others, which shall be the | 57200 |
| sum of the following: | 57201 |
| (1) The true value of the property that is production | 57202 |
| equipment as it would be determined for an electric company under | 57203 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 57204 |
| the electricity generated in the preceding calendar year that was | 57205 |
| not used by the person who generated it; plus | 57206 |
| (2) The true value of the property that is not production | 57207 |
| equipment as it would be determined for an electric company under | 57208 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 57209 |
| the electricity generated in the preceding calendar year that was | 57210 |
| not used by the person who generated it. | 57211 |
| (C) The property reported under division (B) of this section | 57212 |
| shall be listed and assessed at an amount equal to the sum of the | 57213 |
| products determined under divisions (C)(1) and (2) of this | 57214 |
| section. | 57215 |
| (1) Multiply the portion of the true value determined under | 57216 |
| division (B)(1) of this section by the assessment rate in section | 57217 |
| 5727.111 of the Revised Code that is applicable to the production | 57218 |
| equipment of an electric company; | 57219 |
| (2) Multiply the portion of the true value determined under | 57220 |
| division (B)(2) of this section by the assessment rate in section | 57221 |
| 5727.111 of the Revised Code that is applicable to the property of | 57222 |
| an electric company that is not production equipment. | 57223 |
| Sec. 5727.06. (A) Except as otherwise provided by law, the | 57224 |
| following constitutes the taxable property of a public utility or | 57225 |
| interexchange telecommunications company that shall be assessed by | 57226 |
| the tax commissioner: | 57227 |
| (1) For tax years before tax year 2006: | 57228 |
| (a) In the case of a railroad company, all real property and | 57229 |
| tangible personal property owned or operated by the railroad | 57230 |
| company in this state on the thirty-first day of December of the | 57231 |
| preceding year; | 57232 |
| | 57233 |
| tangible personal property, except watercraft, owned or operated | 57234 |
| by the water transportation company in this state on the | 57235 |
| thirty-first day of December of the preceding year and all | 57236 |
| watercraft owned or operated by the water transportation company | 57237 |
| in this state during the preceding calendar year; | 57238 |
| | 57239 |
| interexchange telecommunications companies, all tangible personal | 57240 |
| property that on the thirty-first day of December of the preceding | 57241 |
| year was both located in this state and: | 57242 |
| | 57243 |
| telecommunications company; or | 57244 |
| | 57245 |
| telecommunications company under a sale and leaseback transaction. | 57246 |
| (2) For tax year 2006 and each tax year thereafter: | 57247 |
| (a) In the case of a railroad company, all real property and | 57248 |
| tangible personal property owned, leased, or operated by the | 57249 |
| railroad company in this state on the thirty-first day of December | 57250 |
| of the preceding year; | 57251 |
| (b) In the case of a water transportation company, all | 57252 |
| tangible personal property, except watercraft, owned, leased, or | 57253 |
| operated by the water transportation company in this state on the | 57254 |
| thirty-first day of December of the preceding year and all | 57255 |
| watercraft owned, leased, or operated by the water transportation | 57256 |
| company in this state during the preceding calendar year; | 57257 |
| (c) In the case of all other public utilities and | 57258 |
| interexchange telecommunications companies, all tangible personal | 57259 |
| property owned, leased, or operated by the public utility or | 57260 |
| interexchange telecommunications company in this state on the | 57261 |
| thirty-first day of December of the preceding year. | 57262 |
| (d) Tangible personal property owned by one public utility or | 57263 |
| interexchange telecommunications company in this state and leased | 57264 |
| or operated by another public utility or interexchange | 57265 |
| telecommunications company in this state shall be taxable property | 57266 |
| of the public utility or interexchange telecommunications company | 57267 |
| the property is leased or operated by and shall not be taxable | 57268 |
| property of the public utility or interexchange telecommunications | 57269 |
| company the property is owned by. | 57270 |
| (B) In the case of an interexchange telecommunications | 57271 |
| company, all taxable property shall be subject to the provisions | 57272 |
| of this chapter and shall be valued by the commissioner in | 57273 |
| accordance with division (A) of section 5727.11 of the Revised | 57274 |
| Code. A person described by this division shall file the report | 57275 |
| required by section 5727.08 of the Revised Code. Persons described | 57276 |
| in this division shall not be considered taxpayers, as defined in | 57277 |
| division (B) of section 5711.01 of the Revised Code, and shall not | 57278 |
| be required to file a return and list their taxable property under | 57279 |
| any provision of Chapter 5711. of the Revised Code. | 57280 |
| (C) The lien of the state for taxes levied each year on the | 57281 |
| real and personal property of public utilities and interexchange | 57282 |
| telecommunications companies shall attach thereto on the | 57283 |
| thirty-first day of December of the preceding year. | 57284 |
| (D) Property that is required by division (A)(3)(b) of this | 57285 |
| section to be assessed by the tax commissioner under this chapter | 57286 |
| shall not be listed by the owner of the property under Chapter | 57287 |
| 5711. of the Revised Code. | 57288 |
| (E) The tax commissioner may adopt rules governing the | 57289 |
| listing of the taxable property of public utilities and | 57290 |
| interexchange telecommunications companies and the determination | 57291 |
| of true value. | 57292 |
| Sec. 5727.10. Annually, the tax commissioner shall | 57293 |
| determine, in accordance with section 5727.11 of the Revised Code, | 57294 |
| the true value in money of all taxable property required by | 57295 |
|
division (A)(2) | 57296 |
| the Revised Code to be assessed by the commissioner. The | 57297 |
| commissioner also shall determine the total taxable value of such | 57298 |
| property based on the percentages of true value at which the | 57299 |
| property is required to be assessed by section 5727.111 of the | 57300 |
| Revised Code. | 57301 |
| The commissioner shall be guided by the information contained | 57302 |
| in the report filed by the public utility and such other evidence | 57303 |
| and rules as will enable | 57304 |
| determinations. | 57305 |
| Before issuing the preliminary assessment under section | 57306 |
| 5727.23 of the Revised Code, the commissioner shall notify each | 57307 |
| public utility of the proposed total taxable value of its taxable | 57308 |
| property, including any proposed penalty. After receiving such | 57309 |
| notice, a public utility may, upon written application, within the | 57310 |
| time prescribed by the commissioner, appear before | 57311 |
| commissioner and be heard in the matter of the proposal. The | 57312 |
| commissioner may, on the application of a public utility, or on | 57313 |
| 57314 |
| Sec. 5727.11. (A) Except as otherwise provided in this | 57315 |
| section, the true value of all taxable property required by | 57316 |
|
division (A)(2) | 57317 |
| the Revised Code to be assessed by the tax commissioner shall be | 57318 |
| determined by a method of valuation using cost as capitalized on | 57319 |
| the public utility's books and records less composite annual | 57320 |
| allowances as prescribed by the commissioner. If the commissioner | 57321 |
| finds that application of this method will not result in the | 57322 |
| determination of true value of the public utility's taxable | 57323 |
| property, the commissioner may use another method of valuation. | 57324 |
| (B)(1) Except as provided in division (B)(2) of this section, | 57325 |
| the true value of current gas stored underground is the cost of | 57326 |
| that gas shown on the books and records of the public utility on | 57327 |
| the thirty-first day of December of the preceding year. | 57328 |
| (2) For tax year 2001 and thereafter, the true value of | 57329 |
| current gas stored underground is the quotient obtained by | 57330 |
| dividing (a) the average value of the current gas stored | 57331 |
| underground, which shall be determined by adding the value of the | 57332 |
| gas on hand at the end of each calendar month in the calendar year | 57333 |
| preceding the tax year, or, if applicable, the last day of | 57334 |
| business of each month for a partial month, divided by (b) the | 57335 |
| total number of months the natural gas company was in business | 57336 |
| during the calendar year prior to the beginning of the tax year. | 57337 |
| with the approval of the tax commissioner, a natural gas company | 57338 |
| may use a date other than the end of a calendar month to value its | 57339 |
| current gas stored underground. | 57340 |
| (C) The true value of noncurrent gas stored underground is | 57341 |
| thirty-five per cent of the cost of that gas shown on the books | 57342 |
| and records of the public utility on the thirty-first day of | 57343 |
| December of the preceding year. | 57344 |
| (D)(1) Except as provided in division (D)(2) of this section, | 57345 |
| the true value of the production equipment of an electric company | 57346 |
| and the true value of all taxable property of a rural electric | 57347 |
| company is the equipment's or property's cost as capitalized on | 57348 |
| the company's books and records less fifty per cent of that cost | 57349 |
| as an allowance for depreciation and obsolescence. | 57350 |
| (2) The true value of the production equipment of an electric | 57351 |
| company or rural electric company purchased, transferred, or | 57352 |
| placed into service after the effective date of this amendment is | 57353 |
| the purchase price of the equipment as capitalized on the | 57354 |
| company's books and records less composite annual allowances as | 57355 |
| prescribed by the tax commissioner. | 57356 |
| (E) The true value of taxable property described in division | 57357 |
|
(A)(2) | 57358 |
| Revised Code shall not include the allowance for funds used during | 57359 |
| construction or interest during construction that has been | 57360 |
| capitalized on the public utility's books and records as part of | 57361 |
| the total cost of the taxable property. This division shall not | 57362 |
| apply to the taxable property of an electric company or a rural | 57363 |
| electric company, excluding transmission and distribution | 57364 |
| property, first placed into service after December 31, 2000, or to | 57365 |
| the taxable property a person purchases, which includes transfers, | 57366 |
| if that property was used in business by the seller prior to the | 57367 |
| purchase. | 57368 |
| (F) The true value of watercraft owned or operated by a water | 57369 |
| transportation company shall be determined by multiplying the true | 57370 |
| value of the watercraft as determined under division (A) of this | 57371 |
| section by a fraction, the numerator of which is the number of | 57372 |
| revenue-earning miles traveled by the watercraft in the waters of | 57373 |
| this state and the denominator of which is the number of | 57374 |
| revenue-earning miles traveled by the watercraft in all waters. | 57375 |
| (G) The cost of property subject to a sale and leaseback | 57376 |
| transaction is the cost of the property as capitalized on the | 57377 |
| books and records of the public utility owning the property | 57378 |
| immediately prior to the sale and leaseback transaction. | 57379 |
| (H) The cost as capitalized on the books and records of a | 57380 |
| public utility includes amounts capitalized that represent | 57381 |
| regulatory assets, if such amounts previously were included on the | 57382 |
| company's books and records as capitalized costs of taxable | 57383 |
| personal property. | 57384 |
| (I) Any change in the composite annual allowances as | 57385 |
| prescribed by the commissioner on a prospective basis shall not be | 57386 |
| admissible in any judicial or administrative action or proceeding | 57387 |
| as evidence of value with regard to prior years' taxes. | 57388 |
| Information about the business, property, or transactions of any | 57389 |
| taxpayer obtained by the commissioner for the purpose of adopting | 57390 |
| or modifying the composite annual allowances shall not be subject | 57391 |
| to discovery or disclosure. | 57392 |
| Sec. 5727.111. The taxable property of each public utility, | 57393 |
| except a railroad company, and of each interexchange | 57394 |
| telecommunications company shall be assessed at the following | 57395 |
| percentages of true value: | 57396 |
| (A) | 57397 |
| 57398 |
| | 57399 |
| the case of the taxable transmission and distribution property of | 57400 |
| a rural electric company, and twenty-five per cent for all its | 57401 |
| other taxable property; | 57402 |
| (B) In the case of a telephone or telegraph company, | 57403 |
| twenty-five per cent for taxable property first subject to | 57404 |
| taxation in this state for tax year 1995 or thereafter, and the | 57405 |
| following for all other taxable property: | 57406 |
| (1) For tax years prior to 2005, eighty-eight per cent; | 57407 |
| (2) For tax year 2005, sixty-seven per cent; | 57408 |
| (3) For tax year 2006, forty-six per cent; | 57409 |
| (4) For tax year 2007 and thereafter, twenty-five per cent. | 57410 |
| (C) Twenty-five per cent in the case of a natural gas | 57411 |
| company. | 57412 |
| (D) Eighty-eight per cent in the case of a pipe-line, | 57413 |
| water-works, or heating company; | 57414 |
| (E)(1) | 57415 |
| 57416 | |
| 57417 | |
| 57418 |
| | 57419 |
| cent in the case of the taxable transmission and distribution | 57420 |
| property of an electric company, and twenty-five per cent for all | 57421 |
| its other taxable property; | 57422 |
| | 57423 |
| 57424 | |
| 57425 | |
| 57426 | |
| 2006 and each tax year thereafter, eighty-five per cent in the | 57427 |
| case of the taxable transmission and distribution property of an | 57428 |
| electric company, and twenty-four per cent for all
| 57429 |
| taxable property | 57430 |
| (F) Twenty-five per cent in the case of an interexchange | 57431 |
| telecommunications company; | 57432 |
| (G) Twenty-five per cent in the case of a water | 57433 |
| transportation company. | 57434 |
| Sec. 5727.12. As used in this chapter, "property used in | 57435 |
| railroad operations" means property used in or determined by the | 57436 |
| tax commissioner to be held by a railroad for use in railroad | 57437 |
| operations. In determining the true value of all real and personal | 57438 |
| property owned or leased by each railroad company and used in | 57439 |
| railroad operations, the commissioner shall use the unitary method | 57440 |
| and value all of the property of the company's railroad system as | 57441 |
| a whole, considering the factors generally used in that method, | 57442 |
| and weighing each factor appropriately. The true value of the | 57443 |
| property used in railroad operations shall be apportioned to this | 57444 |
| state as provided in section 5727.14 of the Revised Code. The | 57445 |
| commissioner shall separately determine the true value of property | 57446 |
| owned by the company that the commissioner determines is not used | 57447 |
| in railroad operations. The commissioner may require the advice of | 57448 |
| county auditors concerning such values. | 57449 |
| All property of a railroad shall be assessed for taxation at | 57450 |
| the same percentage of true value at which all other real property | 57451 |
| in this state is assessed, in the case of real property, and at | 57452 |
| the percentage of true value provided under divisions (E) | 57453 |
| (F), and (G) of section 5711.22 of the Revised Code, in the case | 57454 |
| of personal property. | 57455 |
| A determination of the value of each tract, lot, or parcel of | 57456 |
| real property or each item of personal property not used in | 57457 |
| railroad operations shall be considered a separate determination | 57458 |
| with respect to which a separate petition for reassessment may be | 57459 |
| filed under section 5727.47 of the Revised Code. | 57460 |
| Where a line of railroad is subsidized under the terms of the | 57461 |
| federal regional rail reorganization act or the federal rail | 57462 |
| revitalization and regulatory reform act, the real and other fixed | 57463 |
| property shall be assessed solely in the name of its owner. | 57464 |
| Sec. 5727.241. (A) As used in this section: | 57465 |
| (1) "Tax otherwise due" means the tax imposed on a taxpayer | 57466 |
| under section 5727.24 of the Revised Code reduced by the total | 57467 |
| amount of all other nonrefundable credits, if any, that the | 57468 |
| taxpayer is entitled to claim. | 57469 |
| (2) "Taxpayer" means any person subject to the tax imposed by | 57470 |
| section 5727.24 of the Revised Code. | 57471 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 57472 |
| venture capital authority under section 150.07 of the Revised | 57473 |
| Code, a credit may be claimed against the tax imposed on a | 57474 |
| taxpayer under section 5727.24 of the Revised Code. The credit | 57475 |
| shall be claimed in the calendar year specified in the certificate | 57476 |
| issued by the authority. | 57477 |
| (C) If the taxpayer elected a refundable credit under section | 57478 |
| 150.07 of the Revised Code and if the amount of the credit shown | 57479 |
| on the certificate does not exceed the tax otherwise due, then for | 57480 |
| the calendar year the taxpayer shall claim a refundable credit | 57481 |
| equal to the amount of the credit shown on the certificate. | 57482 |
| (D) If the taxpayer elected a refundable credit under section | 57483 |
| 150.07 of the Revised Code, and if the amount of the refundable | 57484 |
| credit shown on the certificate exceeds the tax otherwise due, | 57485 |
| then for the calendar year the taxpayer shall claim a refundable | 57486 |
| credit equal to the sum of the following: | 57487 |
| (1) The amount, if any, of the tax otherwise due; | 57488 |
| (2) Seventy-five per cent of the difference between the | 57489 |
| amount of the refundable credit shown on the certificate and the | 57490 |
| tax otherwise due. | 57491 |
| (E) If the taxpayer elected a nonrefundable credit under | 57492 |
| section 150.07 of the Revised Code and if the nonrefundable credit | 57493 |
| to which the taxpayer would otherwise be entitled under this | 57494 |
| section for any calendar year is greater than the tax otherwise | 57495 |
| due, the excess shall be allowed as a nonrefundable credit in each | 57496 |
| of the ensuing ten calendar years, but the amount of any excess | 57497 |
| nonrefundable credit allowed in the ensuing calendar year shall be | 57498 |
| deducted from the balance carried forward to the next calendar | 57499 |
| year. | 57500 |
| Sec. 5727.81. (A) For the purpose of raising revenue for | 57501 |
| public education and state and local government operations, an | 57502 |
| excise tax is hereby levied and imposed on an electric | 57503 |
| distribution company for all electricity distributed by such | 57504 |
|
company | 57505 |
| 57506 | |
| distributed in a thirty-day period by the company through a meter | 57507 |
| of an end user in this state: | 57508 |
| KILOWATT HOURS DISTRIBUTED | RATE PER | 57509 | |||
| TO AN END USER | KILOWATT HOUR | 57510 | |||
| For the first 2,000 | $. |
57511 | |||
| For the next 2,001 to 15,000 | $. |
57512 | |||
| For 15,001 and above | $. |
57513 |
| If no meter is used to measure the kilowatt hours of | 57514 |
| electricity distributed by the company, the rates shall apply to | 57515 |
| the estimated kilowatt hours of electricity distributed to an | 57516 |
| unmetered location in this state. | 57517 |
| The electric distribution company shall base the monthly tax | 57518 |
| on the kilowatt hours of electricity distributed to an end user | 57519 |
| through the meter of the end user that is not measured for a | 57520 |
| thirty-day period by dividing the days in the measurement period | 57521 |
| into the total kilowatt hours measured during the measurement | 57522 |
| period to obtain a daily average usage. The tax shall be | 57523 |
| determined by obtaining the sum of divisions (A)(1), (2), and (3) | 57524 |
| of this section and multiplying that amount by the number of days | 57525 |
| in the measurement period: | 57526 |
| (1) Multiplying $ | 57527 |
| first sixty-seven kilowatt hours distributed using a daily | 57528 |
| average; | 57529 |
| (2) Multiplying $ | 57530 |
| five hundred kilowatt hours distributed using a daily average; | 57531 |
| (3) Multiplying $ | 57532 |
| hours distributed using a daily average. | 57533 |
| | 57534 |
| 57535 | |
| 57536 | |
| 57537 | |
| provided in division (C) of this section, the electric | 57538 |
| distribution company shall pay the tax to the tax commissioner in | 57539 |
| accordance with section 5727.82 of the Revised Code, unless | 57540 |
| required to remit each tax payment by electronic funds transfer to | 57541 |
| the treasurer of state in accordance with section 5727.83 of the | 57542 |
| Revised Code. | 57543 |
| Only the distribution of electricity through a meter of an | 57544 |
| end user in this state shall be used by the electric distribution | 57545 |
| company to compute the amount or estimated amount of tax due. In | 57546 |
| the event a meter is not actually read for a measurement period, | 57547 |
| the estimated kilowatt hours distributed by an electric | 57548 |
| distribution company to bill for its distribution charges shall be | 57549 |
| used. | 57550 |
| (B) Except as provided in division (C) of this section, each | 57551 |
| electric distribution company shall pay the tax imposed by this | 57552 |
| section in all of the following circumstances: | 57553 |
| (1) The electricity is distributed by the company through a | 57554 |
| meter of an end user in this state; | 57555 |
| (2) The company is distributing electricity through a meter | 57556 |
| located in another state, but the electricity is consumed in this | 57557 |
| state in the manner prescribed by the tax commissioner; | 57558 |
| (3) The company is distributing electricity in this state | 57559 |
| without the use of a meter, but the electricity is consumed in | 57560 |
| this state as estimated and in the manner prescribed by the tax | 57561 |
| commissioner. | 57562 |
| (C)(1) As used in division (C) of this section: | 57563 |
| (a) "Total price of electricity" means the aggregate value in | 57564 |
| money of anything paid or transferred, or promised to be paid or | 57565 |
| transferred, to obtain electricity or electric service, including | 57566 |
| but not limited to the value paid or promised to be paid for the | 57567 |
| transmission or distribution of electricity and for transition | 57568 |
| costs as described in Chapter 4928. of the Revised Code. | 57569 |
| (b) "Package" means the provision or the acquisition, at a | 57570 |
| combined price, of electricity with other services or products, or | 57571 |
| any combination thereof, such as natural gas or other fuels; | 57572 |
| energy management products, software, and services; machinery and | 57573 |
| equipment acquisition; and financing agreements. | 57574 |
| (c) "Single location" means a facility located on contiguous | 57575 |
| property separated only by a roadway, railway, or waterway. | 57576 |
| (2) Division (C) of this section applies to any commercial or | 57577 |
| industrial purchaser's receipt of electricity through a meter of | 57578 |
| an end user in this state or through more than one meter at a | 57579 |
| single location in this state in a quantity that exceeds | 57580 |
| forty-five million kilowatt hours of electricity over the course | 57581 |
| of the preceding calendar year, or any commercial or industrial | 57582 |
| purchaser that will consume more than forty-five million kilowatt | 57583 |
| hours of electricity over the course of the succeeding twelve | 57584 |
| months as estimated by the tax commissioner. The tax commissioner | 57585 |
|
shall
make such an estimate upon the written
request | 57586 |
| applicant for registration as a self-assessing purchaser under | 57587 |
| this division. Such a purchaser may elect to self-assess the | 57588 |
| excise tax imposed by this section at the rate of $.00075 per | 57589 |
| kilowatt hour on the first five hundred four million kilowatt | 57590 |
| hours distributed to that meter or location during the | 57591 |
|
registration year, and | 57592 |
| all electricity distributed to that meter or location. A qualified | 57593 |
| end user that receives electricity through a meter of an end user | 57594 |
| in this state or through more than one meter at a single location | 57595 |
| in this state and that consumes, over the course of the previous | 57596 |
| calendar year, more than forty-five million kilowatt hours in | 57597 |
| other than its qualifying manufacturing process, may elect to | 57598 |
| self-assess the tax as allowed by this division with respect to | 57599 |
| the electricity used in other than its qualifying manufacturing | 57600 |
|
process.
| 57601 |
| 57602 | |
| 57603 | |
| 57604 | |
| to the tax commissioner in accordance with divisions (A)(4) and | 57605 |
| (5) of section 5727.82 of the Revised Code, or the treasurer of | 57606 |
| state in accordance with section 5727.83 of the Revised Code. If | 57607 |
| the electric distribution company serving the self-assessing | 57608 |
| purchaser is a municipal electric utility and the purchaser is | 57609 |
| within the municipal corporation's corporate limits, payment of | 57610 |
| the portion of the tax described in division (A)(3)(a) of section | 57611 |
| 5727.82 of the Revised Code shall be made to such municipal | 57612 |
| corporation's general fund and reports shall be filed in | 57613 |
| accordance with divisions (A)(4) and (5) of section 5727.82 of the | 57614 |
| Revised Code, except that "municipal corporation" shall be | 57615 |
| substituted for "treasurer of state" and "tax commissioner." The | 57616 |
| remainder of the tax shall be paid directly to the tax | 57617 |
| commissioner in accordance with divisions (A)(4) and (5) of | 57618 |
| section 5727.82 of the Revised Code, or the treasurer of state in | 57619 |
| accordance with section 5727.83 of the Revised Code. A | 57620 |
| self-assessing purchaser that pays the excise tax as provided in | 57621 |
| this division shall not be required to pay the tax to the electric | 57622 |
| distribution company from which its electricity is distributed. If | 57623 |
| a self-assessing purchaser's receipt of electricity is not subject | 57624 |
| to the tax as measured under this division, the tax on the receipt | 57625 |
| of such electricity shall be measured and paid as provided in | 57626 |
| division (A) of this section. | 57627 |
| (3) In the case of the acquisition of a package, unless the | 57628 |
| elements of the package are separately stated isolating the total | 57629 |
| price of electricity from the price of the remaining elements of | 57630 |
| the package, the tax imposed under this section applies to the | 57631 |
| entire price of the package. If the elements of the package are | 57632 |
| separately stated, the tax imposed under this section applies to | 57633 |
| the total price of the electricity. | 57634 |
| (4) Any electric supplier that sells electricity as part of a | 57635 |
| package shall separately state to the purchaser the total price of | 57636 |
| the electricity and, upon request by the tax commissioner, the | 57637 |
| total price of each of the other elements of the package. | 57638 |
| (5) The tax commissioner may adopt rules relating to the | 57639 |
| computation of the total price of electricity with respect to | 57640 |
| self-assessing purchasers, which may include rules to establish | 57641 |
| the total price of electricity purchased as part of a package. | 57642 |
| (6) An annual application for registration as a | 57643 |
| self-assessing purchaser shall be made for each qualifying meter | 57644 |
| or location on a form prescribed by the tax commissioner. The | 57645 |
| registration year begins on the first day of May and ends on the | 57646 |
| following thirtieth day of April. Persons may apply after the | 57647 |
| first day of May for the remainder of the registration year. In | 57648 |
| the case of an applicant applying on the basis of an estimated | 57649 |
| consumption of forty-five million kilowatt hours over the course | 57650 |
| of the succeeding twelve months, the applicant shall provide such | 57651 |
| information as the tax commissioner considers to be necessary to | 57652 |
| estimate such consumption. At the time of making the application | 57653 |
|
and by the first day of May of each year, | 57654 |
| self-assessing purchaser shall pay a fee of five hundred dollars | 57655 |
| to the tax commissioner, or to the treasurer of state as provided | 57656 |
| in section 5727.83 of the Revised Code, for each qualifying meter | 57657 |
| or location. The tax commissioner shall immediately pay to the | 57658 |
| treasurer of state all amounts that the tax commissioner receives | 57659 |
| under this section. The treasurer of state shall deposit such | 57660 |
| amounts into the kilowatt hour excise tax administration fund, | 57661 |
| which is hereby created in the state treasury. Money in the fund | 57662 |
| shall be used to defray the tax commissioner's cost in | 57663 |
| administering the tax owed under section 5727.81 of the Revised | 57664 |
| Code by self-assessing purchasers. After the application is | 57665 |
| approved by the tax commissioner, the registration shall remain in | 57666 |
| effect for the current registration year, or until canceled by the | 57667 |
| registrant upon written notification to the commissioner of the | 57668 |
| election to pay the tax in accordance with division (A) of this | 57669 |
| section, or until canceled by the tax commissioner for not paying | 57670 |
| the tax or fee under division (C) of this section or for not | 57671 |
| meeting the qualifications in division (C)(2) of this section. The | 57672 |
| tax commissioner shall give written notice to the electric | 57673 |
| distribution company from which electricity is delivered to a | 57674 |
| self-assessing purchaser of the purchaser's self-assessing status, | 57675 |
| and the electric distribution company is relieved of the | 57676 |
| obligation to pay the tax imposed by division (A) of this section | 57677 |
| for electricity distributed to that self-assessing purchaser until | 57678 |
| it is notified by the tax commissioner that the self-assessing | 57679 |
| purchaser's registration is canceled. Within fifteen days of | 57680 |
| notification of the canceled registration, the electric | 57681 |
| distribution company shall be responsible for payment of the tax | 57682 |
| imposed by division (A) of this section on electricity distributed | 57683 |
| to a purchaser that is no longer registered as a self-assessing | 57684 |
| purchaser. A self-assessing purchaser with a canceled registration | 57685 |
| must file a report and remit the tax imposed by division (A) of | 57686 |
| this section on all electricity it receives for any measurement | 57687 |
| period prior to the tax being reported and paid by the electric | 57688 |
| distribution company. A self-assessing purchaser whose | 57689 |
| registration is canceled by the tax commissioner is not eligible | 57690 |
| to register as a self-assessing purchaser for two years after the | 57691 |
| registration is canceled. | 57692 |
| (7) If the tax commissioner cancels the self-assessing | 57693 |
| registration of a purchaser registered on the basis of its | 57694 |
| estimated consumption because the purchaser does not consume at | 57695 |
| least forty-five million kilowatt hours of electricity over the | 57696 |
| course of the twelve-month period for which the estimate was made, | 57697 |
| the tax commissioner shall assess and collect from the purchaser | 57698 |
| the difference between (a) the amount of tax that would have been | 57699 |
| payable under division (A) of this section on the electricity | 57700 |
| distributed to the purchaser during that period, and (b) the | 57701 |
| amount of tax paid by the purchaser on such electricity pursuant | 57702 |
| to division (C)(2)(a) of this section. The assessment shall be | 57703 |
| paid within sixty days after the tax commissioner issues it, | 57704 |
| regardless of whether the purchaser files a petition for | 57705 |
| reassessment under section 5727.89 of the Revised Code covering | 57706 |
| that period. If the purchaser does not pay the assessment within | 57707 |
| the time prescribed, the amount assessed is subject to the | 57708 |
| additional charge and the interest prescribed by divisions (B) and | 57709 |
| (C) of section 5727.82 of the Revised Code, and is subject to | 57710 |
| assessment under section 5727.89 of the Revised Code. If the | 57711 |
| purchaser is a qualified end user, division (C)(7) of this section | 57712 |
| applies only to electricity it consumes in other than its | 57713 |
| qualifying manufacturing process. | 57714 |
| (D) The tax imposed by this section does not apply to the | 57715 |
| distribution of any kilowatt hours of electricity to the federal | 57716 |
| government, to an end user located at a federal facility that uses | 57717 |
| electricity for the enrichment of uranium, to a qualified | 57718 |
| regeneration meter, or to an end user for any day the end user is | 57719 |
| a qualified end user. The exemption under this division for a | 57720 |
| qualified end user only applies to the manufacturing location | 57721 |
| where the qualified end user uses more than three million kilowatt | 57722 |
| hours per day in a qualifying manufacturing process. | 57723 |
| Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3) | 57724 |
| and (D) of this section, by the twentieth day of each month, each | 57725 |
| electric distribution company required to pay the tax imposed by | 57726 |
| section 5727.81 of the Revised Code shall file with the tax | 57727 |
| commissioner a return as prescribed by the tax commissioner and | 57728 |
| shall make payment of the full amount of tax due for the preceding | 57729 |
| month. The first payment of this tax shall be made on or before | 57730 |
| June 20, 2001. The electric distribution company shall make | 57731 |
| payment to the tax commissioner unless required to remit each tax | 57732 |
| payment by electronic funds transfer to the treasurer of state as | 57733 |
| provided in section 5727.83 of the Revised Code. | 57734 |
| (2) By the twentieth day of May, August, November, and | 57735 |
| February, each natural gas distribution company required to pay | 57736 |
| the tax imposed by section 5727.811 of the Revised Code shall file | 57737 |
| with the tax commissioner a return as prescribed by the tax | 57738 |
| commissioner and shall make payment to the tax commissioner, or to | 57739 |
| the treasurer of state as provided in section 5727.83 of the | 57740 |
| Revised Code, of the full amount of tax due for the preceding | 57741 |
| quarter. The first payment of this tax shall be made on or before | 57742 |
| November 20, 2001, for the quarter ending September 30, 2001. | 57743 |
| (3)(a) If the electric distribution company required to pay | 57744 |
| the tax imposed by section 5727.81 of the Revised Code is a | 57745 |
| municipal electric utility, it may retain in its general fund that | 57746 |
| portion of the tax on the kilowatt hours distributed to end users | 57747 |
| located within the boundaries of the municipal corporation, but | 57748 |
| only that portion of the tax that was imposed by division (A) or | 57749 |
| (C)(2) of section 5727.81 of the Revised Code as those divisions | 57750 |
| existed prior to their amendment by H.B. 66 of the 126th general | 57751 |
| assembly.
| 57752 |
| (b) The municipal electric utility shall make payment in | 57753 |
| accordance with division (A)(1) of this section of the tax due on | 57754 |
| the kilowatt hours distributed to end users located outside the | 57755 |
| boundaries of the municipal corporation, and of the remainder of | 57756 |
| the tax due under division (A)(3)(a) of this section that was not | 57757 |
| retained in the general fund of the municipal electric utility. | 57758 |
| (4) By the twentieth day of each month, each self-assessing | 57759 |
| purchaser that under division (C) of section 5727.81 of the | 57760 |
| Revised Code pays directly to the tax commissioner or the | 57761 |
| treasurer of state the tax imposed by section 5727.81 of the | 57762 |
| Revised Code shall file with the tax commissioner a return as | 57763 |
| prescribed by the tax commissioner and shall make payment of the | 57764 |
| full amount of the tax due for the preceding month. | 57765 |
| (5) As prescribed by the tax commissioner, a return shall be | 57766 |
| signed by the company or self-assessing purchaser required to file | 57767 |
| it, or an authorized employee, officer, or agent of the company or | 57768 |
| purchaser. The return shall be deemed filed when received by the | 57769 |
| tax commissioner. | 57770 |
| (B) Any natural gas distribution company, electric | 57771 |
| distribution company, or self-assessing purchaser required by this | 57772 |
| section to file a return who fails to file it and pay the tax | 57773 |
| within the period prescribed shall pay an additional charge of | 57774 |
| fifty dollars or ten per cent of the tax required to be paid for | 57775 |
| the reporting period, whichever is greater. The tax commissioner | 57776 |
| may collect the additional charge by assessment pursuant to | 57777 |
| section 5727.89 of the Revised Code. The commissioner may abate | 57778 |
| all or a portion of the additional charge and may adopt rules | 57779 |
| governing such abatements. | 57780 |
| (C) If any tax due is not paid timely in accordance with this | 57781 |
| section, the natural gas distribution company, electric | 57782 |
| distribution company, or self-assessing purchaser liable for the | 57783 |
| tax shall pay interest, calculated at the rate per annum | 57784 |
| prescribed by section 5703.47 of the Revised Code, from the date | 57785 |
| the tax payment was due to the date of payment or to the date an | 57786 |
| assessment is issued, whichever occurs first. Interest shall be | 57787 |
| paid in the same manner as the tax, and the commissioner may | 57788 |
| collect the interest by assessment pursuant to section 5727.89 of | 57789 |
| the Revised Code. | 57790 |
| (D) Not later than the tenth day of each month, a qualified | 57791 |
| end user not making the election to self-assess under division (C) | 57792 |
| of section 5727.81 of the Revised Code shall report in writing to | 57793 |
| the electric distribution company that distributes electricity to | 57794 |
| the end user the kilowatt hours that were consumed as a qualified | 57795 |
| end user in a qualifying manufacturing process for the prior month | 57796 |
| and the number of days, if any, on which the end user was not a | 57797 |
| qualified end user. For each calendar day during that month, a | 57798 |
| qualified end user shall report the kilowatt hours that were not | 57799 |
| used in a qualifying manufacturing process. For each calendar day | 57800 |
| the end user was not a qualified end user, the end user shall | 57801 |
| report in writing to the electric distribution company the total | 57802 |
| number of kilowatt hours used on that day, and the electric | 57803 |
| distribution company shall pay the tax imposed under section | 57804 |
| 5727.81 of the Revised Code on each kilowatt hour that was not | 57805 |
| distributed to a qualified end user in a qualifying manufacturing | 57806 |
| process. The electric distribution company may rely in good faith | 57807 |
| on a qualified end user's report filed under this division. If it | 57808 |
| is determined that the end user was not a qualified end user for | 57809 |
| any calendar day or the quantity of electricity used by the | 57810 |
| qualified end user in a qualifying manufacturing process was | 57811 |
| overstated, the tax commissioner shall assess and collect any tax | 57812 |
| imposed under section 5727.81 of the Revised Code directly from | 57813 |
| the qualified end user. As requested by the commissioner, each end | 57814 |
| user reporting to an electric distribution company that it is a | 57815 |
| qualified end user shall provide documentation to the commissioner | 57816 |
| that establishes the volume of electricity consumed daily by the | 57817 |
| qualified end user and the total number of kilowatt hours consumed | 57818 |
| in a qualifying manufacturing process. | 57819 |
| (E) The tax commissioner shall immediately pay to the | 57820 |
| treasurer of state all amounts that the tax commissioner receives | 57821 |
| under this section. The treasurer of state shall credit such | 57822 |
| amounts in accordance with this chapter. | 57823 |
| Sec. 5727.84. (A) As used in this section and sections | 57824 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 57825 |
| (1) "School district" means a city, local, or exempted | 57826 |
| village school district. | 57827 |
| (2) "Joint vocational school district" means a joint | 57828 |
| vocational school district created under section 3311.16 of the | 57829 |
| Revised Code, and includes a cooperative education school district | 57830 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 57831 |
| a county school financing district created under section 3311.50 | 57832 |
| of the Revised Code. | 57833 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 57834 |
| as defined in section 5705.01 of the Revised Code, a park district | 57835 |
| created under Chapter 1545. of the Revised Code, or a township | 57836 |
| park district established under section 511.23 of the Revised | 57837 |
| Code, but excludes school districts and joint vocational school | 57838 |
| districts. | 57839 |
| (4) "State education aid" means the sum of state aid amounts | 57840 |
| computed for a school district or joint vocational school district | 57841 |
| under Chapter 3317. of the Revised Code. | 57842 |
| (5) "State education aid offset" means the amount determined | 57843 |
| for each school district or joint vocational school district under | 57844 |
| division (A)(1) of section 5727.85 of the Revised Code. | 57845 |
| (6) "Recognized valuation" has the same meaning as in section | 57846 |
| 3317.02 of the Revised Code. | 57847 |
| (7) "Electric company tax value loss" means the amount | 57848 |
| determined under division (D) of this section. | 57849 |
| (8) "Natural gas company tax value loss" means the amount | 57850 |
| determined under division (E) of this section. | 57851 |
| (9) "Tax value loss" means the sum of the electric company | 57852 |
| tax value loss and the natural gas company tax value loss. | 57853 |
| (10) "Fixed-rate levy" means any tax levied on property other | 57854 |
| than a fixed-sum levy. | 57855 |
| (11) "Fixed-rate levy loss" means the amount determined under | 57856 |
| division (G) of this section. | 57857 |
| (12) "Fixed-sum levy" means a tax levied on property at | 57858 |
| whatever rate is required to produce a specified amount of tax | 57859 |
| money or levied in excess of the ten-mill limitation to pay debt | 57860 |
| charges, and includes school district emergency levies imposed | 57861 |
| pursuant to section 5705.194 of the Revised Code. | 57862 |
| (13) "Fixed-sum levy loss" means the amount determined under | 57863 |
| division (H) of this section. | 57864 |
| (14) "Consumer price index" means the consumer price index | 57865 |
| (all items, all urban consumers) prepared by the bureau of labor | 57866 |
| statistics of the United States department of labor. | 57867 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 57868 |
| the state treasury and shall consist of money arising from the tax | 57869 |
|
imposed by section
5727.81 of
the Revised Code. | 57870 |
| August 1, 2005, all money in the kilowatt-hour tax receipts fund | 57871 |
| shall be credited as follows: | 57872 |
| (1) | 57873 |
| thirteen one-thousandths per cent, shall be credited to the | 57874 |
| general revenue fund. | 57875 |
| (2) Two and | 57876 |
| per cent shall be credited to the local government fund, for | 57877 |
| distribution in accordance with section 5747.50 of the Revised | 57878 |
| Code. | 57879 |
| (3) | 57880 |
| one-thousandths per cent shall be credited to the local government | 57881 |
| revenue assistance fund, for distribution in accordance with | 57882 |
| section 5747.61 of the Revised Code. | 57883 |
| (4) | 57884 |
| thirty-eight one-thousandths per cent shall be credited to the | 57885 |
| school district property tax replacement fund, which is hereby | 57886 |
| created in the state treasury for the purpose of making the | 57887 |
| payments described in section 5727.85 of the Revised Code. | 57888 |
| (5) | 57889 |
| one-thousandths per cent shall be credited to the local government | 57890 |
| property tax replacement fund, which is hereby created in the | 57891 |
| state treasury for the purpose of making the payments described in | 57892 |
| section 5727.86 of the Revised Code. | 57893 |
| | 57894 |
| 57895 | |
| 57896 | |
| 57897 | |
| 57898 | |
| 57899 | |
| 57900 | |
| 57901 | |
| 57902 | |
| 57903 |
| | 57904 |
| 57905 | |
| 57906 | |
| 57907 | |
| 57908 | |
| 57909 | |
| 57910 | |
| 57911 | |
| 57912 | |
| 57913 | |
| 57914 |
| (C) The natural gas tax receipts fund is hereby created in | 57915 |
| the state treasury and shall consist of money arising from the tax | 57916 |
| imposed by section 5727.811 of the Revised Code. All money in the | 57917 |
| fund shall be credited as follows: | 57918 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 57919 |
| to the school district property tax replacement fund for the | 57920 |
| purpose of making the payments described in section 5727.85 of the | 57921 |
| Revised Code. | 57922 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 57923 |
| the local government property tax replacement fund for the purpose | 57924 |
| of making the payments described in section 5727.86 of the Revised | 57925 |
| Code. | 57926 |
| | 57927 |
| 57928 | |
| 57929 | |
| 57930 | |
| 57931 | |
| 57932 | |
| 57933 | |
| 57934 | |
| 57935 | |
| 57936 |
| (D) Not later than January 1, 2002, the tax commissioner | 57937 |
| shall determine for each taxing district its electric company tax | 57938 |
| value loss, which is the sum of the applicable amounts described | 57939 |
| in divisions (D)(1) to (3) of this section: | 57940 |
| (1) The difference obtained by subtracting the amount | 57941 |
| described in division (D)(1)(b) from the amount described in | 57942 |
| division (D)(1)(a) of this section. | 57943 |
| (a) The value of electric company and rural electric company | 57944 |
| tangible personal property as assessed by the tax commissioner for | 57945 |
| tax year 1998 on a preliminary assessment, or an amended | 57946 |
| preliminary assessment if issued prior to March 1, 1999, and as | 57947 |
| apportioned to the taxing district for tax year 1998; | 57948 |
| (b) The value of electric company and rural electric company | 57949 |
| tangible personal property as assessed by the tax commissioner for | 57950 |
| tax year 1998 had the property been apportioned to the taxing | 57951 |
| district for tax year 2001, and assessed at the rates in effect | 57952 |
| for tax year 2001. | 57953 |
| (2) The difference obtained by subtracting the amount | 57954 |
| described in division (D)(2)(b) from the amount described in | 57955 |
| division (D)(2)(a) of this section. | 57956 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 57957 |
| of the assessed value from nuclear fuel materials and assemblies | 57958 |
| assessed against a person under Chapter 5711. of the Revised Code | 57959 |
| from the leasing of them to an electric company for those | 57960 |
| respective tax years, as reflected in the preliminary assessments; | 57961 |
| (b) The three-year average assessed value from nuclear fuel | 57962 |
| materials and assemblies assessed under division (D)(2)(a) of this | 57963 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 57964 |
| preliminary assessments, using an assessment rate of twenty-five | 57965 |
| per cent. | 57966 |
| (3) In the case of a taxing district having a nuclear power | 57967 |
| plant within its territory, any amount, resulting in an electric | 57968 |
| company tax value loss, obtained by subtracting the amount | 57969 |
| described in division (D)(1) of this section from the difference | 57970 |
| obtained by subtracting the amount described in division (D)(3)(b) | 57971 |
| of this section from the amount described in division (D)(3)(a) of | 57972 |
| this section. | 57973 |
| (a) The value of electric company tangible personal property | 57974 |
| as assessed by the tax commissioner for tax year 2000 on a | 57975 |
| preliminary assessment, or an amended preliminary assessment if | 57976 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 57977 |
| district for tax year 2000; | 57978 |
| (b) The value of electric company tangible personal property | 57979 |
| as assessed by the tax commissioner for tax year 2001 on a | 57980 |
| preliminary assessment, or an amended preliminary assessment if | 57981 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 57982 |
| district for tax year 2001. | 57983 |
| (E) Not later than January 1, 2002, the tax commissioner | 57984 |
| shall determine for each taxing district its natural gas company | 57985 |
| tax value loss, which is the sum of the amounts described in | 57986 |
| divisions (E)(1) and (2) of this section: | 57987 |
| (1) The difference obtained by subtracting the amount | 57988 |
| described in division (E)(1)(b) from the amount described in | 57989 |
| division (E)(1)(a) of this section. | 57990 |
| (a) The value of all natural gas company tangible personal | 57991 |
| property, other than property described in division (E)(2) of this | 57992 |
| section, as assessed by the tax commissioner for tax year 1999 on | 57993 |
| a preliminary assessment, or an amended preliminary assessment if | 57994 |
| issued prior to March 1, 2000, and apportioned to the taxing | 57995 |
| district for tax year 1999; | 57996 |
| (b) The value of all natural gas company tangible personal | 57997 |
| property, other than property described in division (E)(2) of this | 57998 |
| section, as assessed by the tax commissioner for tax year 1999 had | 57999 |
| the property been apportioned to the taxing district for tax year | 58000 |
| 2001, and assessed at the rates in effect for tax year 2001. | 58001 |
| (2) The difference in the value of current gas obtained by | 58002 |
| subtracting the amount described in division (E)(2)(b) from the | 58003 |
| amount described in division (E)(2)(a) of this section. | 58004 |
| (a) The three-year average assessed value of current gas as | 58005 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 58006 |
| 1999 on a preliminary assessment, or an amended preliminary | 58007 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 58008 |
| the taxing district for those respective years; | 58009 |
| (b) The three-year average assessed value from current gas | 58010 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 58011 |
| and 1999, as reflected in the preliminary assessment, using an | 58012 |
| assessment rate of twenty-five per cent. | 58013 |
| (F) The tax commissioner may request that natural gas | 58014 |
| companies, electric companies, and rural electric companies file a | 58015 |
| report to help determine the tax value loss under divisions (D) | 58016 |
| and (E) of this section. The report shall be filed within thirty | 58017 |
| days of the commissioner's request. A company that fails to file | 58018 |
| the report or does not timely file the report is subject to the | 58019 |
| penalty in section 5727.60 of the Revised Code. | 58020 |
| (G) Not later than January 1, 2002, the tax commissioner | 58021 |
| shall determine for each school district, joint vocational school | 58022 |
| district, and local taxing unit its fixed-rate levy loss, which is | 58023 |
| the sum of its electric company tax value loss multiplied by the | 58024 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 58025 |
| natural gas company tax value loss multiplied by the tax rate in | 58026 |
| effect in tax year 1999 for fixed-rate levies. | 58027 |
| (H) Not later than January 1, 2002, the tax commissioner | 58028 |
| shall determine for each school district, joint vocational school | 58029 |
| district, and local taxing unit its fixed-sum levy loss, which is | 58030 |
| the amount obtained by subtracting the amount described in | 58031 |
| division (H)(2) of this section from the amount described in | 58032 |
| division (H)(1) of this section: | 58033 |
| (1) The sum of the electric company tax value loss multiplied | 58034 |
| by the tax rate in effect in tax year 1998, and the natural gas | 58035 |
| company tax value loss multiplied by the tax rate in effect in tax | 58036 |
| year 1999, for fixed-sum levies for all taxing districts within | 58037 |
| each school district, joint vocational school district, and local | 58038 |
| taxing unit. For the years 2002 through 2006, this computation | 58039 |
| shall include school district emergency levies that existed in | 58040 |
| 1998 in the case of the electric company tax value loss, and 1999 | 58041 |
| in the case of the natural gas company tax value loss, and all | 58042 |
| other fixed-sum levies that existed in 1998 in the case of the | 58043 |
| electric company tax value loss and 1999 in the case of the | 58044 |
| natural gas company tax value loss and continue to be charged in | 58045 |
| the tax year preceding the distribution year. For the years 2007 | 58046 |
| through 2016 in the case of school district emergency levies, and | 58047 |
| for all years after 2006 in the case of all other fixed-sum | 58048 |
| levies, this computation shall exclude all fixed-sum levies that | 58049 |
| existed in 1998 in the case of the electric company tax value loss | 58050 |
| and 1999 in the case of the natural gas company tax value loss, | 58051 |
| but are no longer in effect in the tax year preceding the | 58052 |
| distribution year. For the purposes of this section, an emergency | 58053 |
| levy that existed in 1998 in the case of the electric company tax | 58054 |
| value loss, and 1999 in the case of the natural gas company tax | 58055 |
| value loss, continues to exist in a year beginning on or after | 58056 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 58057 |
| board of education levies a school district emergency levy for an | 58058 |
| annual sum at least equal to the annual sum levied by the board in | 58059 |
| tax year 1998 or 1999, respectively, less the amount of the | 58060 |
| payment certified under this division for 2002. | 58061 |
| (2) The total taxable value in tax year 1999 less the tax | 58062 |
| value loss in each school district, joint vocational school | 58063 |
| district, and local taxing unit multiplied by one-fourth of one | 58064 |
| mill. | 58065 |
| If the amount computed under division (H) of this section for | 58066 |
| any school district, joint vocational school district, or local | 58067 |
| taxing unit is greater than zero, that amount shall equal the | 58068 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 58069 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 58070 |
| of the Revised Code, and the one-fourth of one mill that is | 58071 |
| subtracted under division (H)(2) of this section shall be | 58072 |
| apportioned among all contributing fixed-sum levies in the | 58073 |
| proportion of each levy to the sum of all fixed-sum levies within | 58074 |
| each school district, joint vocational school district, or local | 58075 |
| taxing unit. | 58076 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 58077 |
| section, in computing the tax value loss, fixed-rate levy loss, | 58078 |
| and fixed-sum levy loss, the tax commissioner shall use the | 58079 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 58080 |
| levy losses associated with the electric company tax value loss, | 58081 |
| but the 1999 tax rate shall not include for this purpose any tax | 58082 |
| levy approved by the voters after June 30, 1999, and the tax | 58083 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 58084 |
| rate in the case of levy losses associated with the natural gas | 58085 |
| company tax value loss. | 58086 |
| (J) Not later than January 1, 2002, the tax commissioner | 58087 |
| shall certify to the department of education the tax value loss | 58088 |
| determined under divisions (D) and (E) of this section for each | 58089 |
| taxing district, the fixed-rate levy loss calculated under | 58090 |
| division (G) of this section, and the fixed-sum levy loss | 58091 |
| calculated under division (H) of this section. The calculations | 58092 |
| under divisions (G) and (H) of this section shall separately | 58093 |
| display the levy loss for each levy eligible for reimbursement. | 58094 |
| (K) Not later than September 1, 2001, the tax commissioner | 58095 |
| shall certify the amount of the fixed-sum levy loss to the county | 58096 |
| auditor of each county in which a school district with a fixed-sum | 58097 |
| levy loss has territory. | 58098 |
| Sec. 5727.85. (A) By the thirty-first day of July of each | 58099 |
| year, beginning in 2002 and ending in 2016, the department of | 58100 |
| education shall determine the following for each school district | 58101 |
| and each joint vocational school district eligible for payment | 58102 |
| under division (C) or (D) of this section: | 58103 |
| (1) The state education aid offset, which is the difference | 58104 |
| obtained by subtracting the amount described in division (A)(1)(b) | 58105 |
| of this section from the amount described in division (A)(1)(a) of | 58106 |
| this section: | 58107 |
| (a) The state education aid computed for the school district | 58108 |
| or joint vocational school district for the current fiscal year as | 58109 |
| of the thirty-first day of July; | 58110 |
| (b) The state education aid that would be computed for the | 58111 |
| school district or joint vocational school district for the | 58112 |
| current fiscal year as of the thirty-first day of July if the | 58113 |
| recognized valuation included the tax value loss for the school | 58114 |
| district or joint vocational school district. | 58115 |
| (2) The greater of zero or the difference obtained by | 58116 |
| subtracting the state education aid offset determined under | 58117 |
| division (A)(1) of this section from the fixed-rate levy loss | 58118 |
| certified under division (J) of section 5727.84 of the Revised | 58119 |
| Code for all taxing districts in each school district and joint | 58120 |
| vocational school district. | 58121 |
| By the fifth day of August of each such year, the department | 58122 |
| of education shall certify the amount so determined under division | 58123 |
| (A)(1) of this section to the director of budget and management. | 58124 |
| (B) Not later than the thirty-first day of October of the | 58125 |
| years 2006 through 2016, the department of education shall | 58126 |
| determine all of the following for each school district: | 58127 |
| (1) The amount obtained by subtracting the district's state | 58128 |
| education aid computed for fiscal year 2002 from the district's | 58129 |
| state education aid computed for the current fiscal year; | 58130 |
| (2) The inflation-adjusted property tax loss. The | 58131 |
| inflation-adjusted property tax loss equals the fixed-rate levy | 58132 |
| loss, excluding the tax loss from levies within the ten-mill | 58133 |
| limitation to pay debt charges, determined under division (G) of | 58134 |
| section 5727.84 of the Revised Code for all taxing districts in | 58135 |
| each school district, plus the product obtained by multiplying | 58136 |
| that loss by the cumulative percentage increase in the consumer | 58137 |
| price index from January 1, 2002, to the thirtieth day of June of | 58138 |
| the current year. | 58139 |
| (3) The difference obtained by subtracting the amount | 58140 |
| computed under division (B)(1) from the amount of the | 58141 |
| inflation-adjusted property tax loss. If this difference is zero | 58142 |
| or a negative number, no further payments shall be made under | 58143 |
| division (C) of this section to the school district from the | 58144 |
| school district property tax replacement fund. | 58145 |
| (C) The department of education shall pay from the school | 58146 |
| district property tax replacement fund to each school district all | 58147 |
| of the following: | 58148 |
| (1) In February 2002, one-half of the fixed-rate levy loss | 58149 |
| certified under division (J) of section 5727.84 of the Revised | 58150 |
| Code between the twenty-first and twenty-eighth days of February. | 58151 |
| (2) From August 2002 through August 2006, one-half of the | 58152 |
| amount calculated for that fiscal year under division (A)(2) of | 58153 |
| this section between the twenty-first and twenty-eighth days of | 58154 |
| August and of February. | 58155 |
| (3) From February 2007 through August 2016, one-half of the | 58156 |
| amount calculated for that calendar year under division (B)(3) of | 58157 |
| this section between the twenty-first and twenty-eighth days of | 58158 |
| August and of February. | 58159 |
| (4) For taxes levied within the ten-mill limitation for debt | 58160 |
| purposes in tax year 1998 in the case of electric company tax | 58161 |
| value losses, and in tax year 1999 in the case of natural gas | 58162 |
| company tax value losses, payments shall be made equal to one | 58163 |
| hundred per cent of the loss computed as if the tax were a | 58164 |
| fixed-rate levy, but those payments shall extend from fiscal year | 58165 |
| 2006 through fiscal year 2016. | 58166 |
| The department of education shall report to each school | 58167 |
| district the apportionment of the payments among the school | 58168 |
| district's funds based on the certifications under division (J) of | 58169 |
| section 5727.84 of the Revised Code. | 58170 |
| (D) Not later than January 1, 2002, for all taxing districts | 58171 |
| in each joint vocational school district, the tax commissioner | 58172 |
| shall certify to the department of education the fixed-rate levy | 58173 |
| loss determined under division (G) of section 5727.84 of the | 58174 |
| Revised Code. From February 2002 to August 2016, the department | 58175 |
| shall pay from the school district property tax replacement fund | 58176 |
| to the joint vocational school district one-half of the amount | 58177 |
| calculated for that fiscal year under division (A)(2) of this | 58178 |
| section between the twenty-first and twenty-eighth days of August | 58179 |
| and of February. | 58180 |
| (E)(1) Not later than January 1, 2002, for each fixed-sum | 58181 |
| levy levied by each school district or joint vocational school | 58182 |
| district and for each year for which a determination is made under | 58183 |
| division (H) of section 5727.84 of the Revised Code that a | 58184 |
| fixed-sum levy loss is to be reimbursed, the tax commissioner | 58185 |
| shall certify to the department of education the fixed-sum levy | 58186 |
| loss determined under that division. The certification shall cover | 58187 |
| a time period sufficient to include all fixed-sum levies for which | 58188 |
| the tax commissioner made such a determination. The department | 58189 |
| shall pay from the school district property tax replacement fund | 58190 |
| to the school district or joint vocational school district | 58191 |
| one-half of the fixed-sum levy loss so certified for each year | 58192 |
| between the twenty-first and twenty-eighth days of August and of | 58193 |
| February. | 58194 |
| (2) Beginning in 2003, by the thirty-first day of January of | 58195 |
| each year, the tax commissioner shall review the certification | 58196 |
| originally made under division (E)(1) of this section. If the | 58197 |
| commissioner determines that a debt levy that had been scheduled | 58198 |
| to be reimbursed in the current year has expired, a revised | 58199 |
| certification for that and all subsequent years shall be made to | 58200 |
| the department of education. | 58201 |
| (F) If the balance of the half-mill equalization fund created | 58202 |
| under section 3318.111 of the Revised Code is insufficient to make | 58203 |
| the full amount of payments required under division (D) of that | 58204 |
| section, the department of education, at the end of the third | 58205 |
| quarter of the fiscal year, shall certify to the director of | 58206 |
| budget and management the amount of the deficiency, and the | 58207 |
| director shall transfer an amount equal to the deficiency from the | 58208 |
| school district property tax replacement fund to the half-mill | 58209 |
| equalization fund. | 58210 |
| (G)
Beginning in August 2002,
and ending in | 58211 |
| 2017, the director of budget and management shall transfer from | 58212 |
| the school district property tax replacement fund to the general | 58213 |
| revenue fund each of the following: | 58214 |
| (1) Between the twenty-eighth day of August and the fifth day | 58215 |
| of September, the lesser of one-half of the amount certified for | 58216 |
| that fiscal year under division (A)(2) of this section or the | 58217 |
| balance in the school district property tax replacement fund; | 58218 |
| (2) Between the first and fifth days of | 58219 |
| of one-half of the amount certified for that fiscal year under | 58220 |
| division (A)(2) of this section or the balance in the school | 58221 |
| district property tax replacement fund. | 58222 |
| | 58223 |
| 58224 | |
| 58225 | |
| 58226 | |
| 58227 | |
| 58228 | |
| 58229 | |
| 58230 | |
| 58231 | |
| 58232 | |
| 58233 | |
| 58234 | |
| 58235 | |
| 58236 | |
| 58237 | |
| 58238 | |
| 58239 | |
| 58240 | |
| 58241 |
| | 58242 |
| 58243 | |
| 58244 | |
| 58245 | |
| 58246 | |
| 58247 | |
| 58248 | |
| 58249 | |
| 58250 | |
| 58251 | |
| 58252 | |
| 58253 | |
| 58254 | |
| 58255 |
| | 58256 |
| 58257 | |
| 58258 | |
| 58259 |
| | 58260 |
| 58261 | |
| 58262 |
| (H) On the first day of June each year, the director of | 58263 |
| budget and management shall transfer any balance remaining in the | 58264 |
| school district property tax replacement fund after the payments | 58265 |
| have been made under divisions (C), (D), (E), (F), and (G) of this | 58266 |
| section to the half-mill equalization fund created under section | 58267 |
| 3318.111 of the Revised Code. | 58268 |
| (I) From fiscal year 2002 through fiscal year 2016, if the | 58269 |
| total amount in the school district property tax replacement fund | 58270 |
|
is insufficient to make all payments under
divisions (C), (D), | 58271 |
| (E), and (F) of this section at the time the payments are to be | 58272 |
| made, the director of budget and management shall transfer from | 58273 |
| the general revenue fund to the school district property tax | 58274 |
| replacement fund the difference between the total amount to be | 58275 |
| paid and the total amount in the school district property tax | 58276 |
| replacement fund, except that no transfer shall be made by reason | 58277 |
| of a deficiency to the extent that it results from the amendment | 58278 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 58279 |
| Bill No. 95 of the 125th general assembly. | 58280 |
| (J) If all | 58281 |
| joint vocational school district is merged with an existing | 58282 |
| district, or if a part of the territory of a school district or | 58283 |
| joint vocational school district is
transferred
to
| 58284 |
| existing or new district, the department of education, in | 58285 |
| consultation with the tax commissioner, shall adjust the payments | 58286 |
|
made under
this section | 58287 |
| 58288 | |
| 58289 |
| (1) For the merger of all of the territory of two or more | 58290 |
| districts, the fixed-rate levy loss and the fixed-sum levy loss of | 58291 |
| the successor district shall be equal to the sum of the fixed-rate | 58292 |
| levy losses and the fixed-sum levy losses for each of the | 58293 |
| districts involved in the merger. | 58294 |
| (2) For the transfer of a part of one district's territory to | 58295 |
| an existing district, the amount of the fixed-rate levy loss that | 58296 |
| is transferred to the recipient district shall be an amount equal | 58297 |
| to the transferring district's total fixed-rate levy loss times a | 58298 |
| fraction, the numerator of which is the value of electric company | 58299 |
| tangible personal property located in the part of the territory | 58300 |
| that was transferred, and the denominator of which is the total | 58301 |
| value of electric company tangible personal property located in | 58302 |
| the entire district from which the territory was transferred. The | 58303 |
| value of electric company tangible personal property under this | 58304 |
| division shall be determined for the most recent year for which | 58305 |
| data is available. Fixed-sum levy losses for both districts shall | 58306 |
| be determined under division (J)(4) of this section. | 58307 |
| (3) For the transfer of a part of the territory of one or | 58308 |
| more districts to create a new district: | 58309 |
| (a) If the new district is created on or after January 1, | 58310 |
| 2000, but before January 1, 2005, the new district shall be paid | 58311 |
| its current fixed-rate levy loss through August 2006. From | 58312 |
| February 2007 to August 2016, the new district shall be paid the | 58313 |
| lesser of: (i) the amount calculated under division (B) of this | 58314 |
| section or (ii) an amount determined under the schedule in | 58315 |
| division (A)(1) of section 5727.86 of the Revised Code, as if for | 58316 |
| this purpose the new district was a local taxing unit under that | 58317 |
| section. Fixed-sum levy losses for the districts shall be | 58318 |
| determined under division (J)(4) of this section. | 58319 |
| (b) If the new district is created on or after January 1, | 58320 |
| 2005, the new district shall be deemed not to have any fixed-rate | 58321 |
| levy loss or, except as provided in division (J)(4) of this | 58322 |
| section, fixed-sum levy loss. The district or districts from which | 58323 |
| the territory was transferred shall have no reduction in their | 58324 |
| fixed-rate levy loss, or, except as provided in division (J)(4) of | 58325 |
| this section, their fixed-sum levy loss. | 58326 |
| (4) If a recipient district under division (J)(2) of this | 58327 |
| section or a new district under division (J)(3)(a) or (b) of this | 58328 |
| section takes on debt from one or more of the districts from which | 58329 |
| territory was transferred, and any of the districts transferring | 58330 |
| the territory had fixed-sum levy losses, the department of | 58331 |
| education, in consultation with the tax commissioner, shall make | 58332 |
| an equitable division of the fixed-sum levy losses. | 58333 |
| (K) There is hereby created the public utility property tax | 58334 |
| study committee, effective January 1, 2011. The committee shall | 58335 |
| consist of the following seven members: the tax commissioner, | 58336 |
| three members of the senate appointed by the president of the | 58337 |
| senate, and three members of the house of representatives | 58338 |
| appointed by the speaker of the house of representatives. The | 58339 |
| appointments shall be made not later than January 31, 2011. The | 58340 |
| tax commissioner shall be the chairperson of the committee. | 58341 |
| The committee shall study the extent to which each school | 58342 |
| district or joint vocational school district has been compensated, | 58343 |
| under sections 5727.84 and 5727.85 of the Revised Code as enacted | 58344 |
| by Substitute Senate Bill No. 3 of the 123rd general assembly and | 58345 |
| any subsequent acts, for the property tax loss caused by the | 58346 |
| reduction in the assessment rates for natural gas, electric, and | 58347 |
| rural electric company tangible personal property. Not later than | 58348 |
| June 30, 2011, the committee shall issue a report of its findings, | 58349 |
| including any recommendations for providing additional | 58350 |
| compensation for the property tax loss or regarding remedial | 58351 |
| legislation, to the president of the senate and the speaker of the | 58352 |
| house of representatives, at which time the committee shall cease | 58353 |
| to exist. | 58354 |
| The department of taxation and department of education shall | 58355 |
| provide such information and assistance as is required for the | 58356 |
| committee to carry out its duties. | 58357 |
| Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the | 58358 |
| Revised Code: | 58359 |
| (A) "Motor vehicle" means everything on wheels that is | 58360 |
| self-propelled, other than by muscular power or power collected | 58361 |
| from electric trolley wires and other than vehicles or machinery | 58362 |
| not designed for or employed in general highway transportation, | 58363 |
| used to transport or propel persons or property over a public | 58364 |
| highway. | 58365 |
| (B) "Commercial car" means any motor vehicle used for | 58366 |
| transporting persons or property, wholly on its own structure on a | 58367 |
| public highway. | 58368 |
| (C) "Commercial tractor" means any motor vehicle designed and | 58369 |
| used to propel or draw a trailer or semi-trailer or both on a | 58370 |
| public highway without having any provision for carrying loads | 58371 |
| independently of such trailer or semi-trailer. | 58372 |
| (D) "Trailer" means everything on wheels that is not | 58373 |
| self-propelled, except vehicles or machinery not designed for or | 58374 |
| employed in general highway transportation, used for carrying | 58375 |
| property wholly on its own structure and for being drawn by a | 58376 |
| motor vehicle on a public highway, including any such vehicle when | 58377 |
| formed by or operated as a combination of a semi-trailer and a | 58378 |
| vehicle of the dolly type such as that commonly known as a trailer | 58379 |
| dolly. "Trailer" does not include manufactured homes as defined in | 58380 |
| division (C)(4) of section 3781.06 of the Revised Code or mobile | 58381 |
| homes as defined in division (O) of section 4501.01 of the Revised | 58382 |
| Code. | 58383 |
| (E) "Semi-trailer" means everything on wheels that is not | 58384 |
| self-propelled, except vehicles or machinery not designed for or | 58385 |
| employed in general highway transportation, designed and used for | 58386 |
| carrying property on a public highway when being propelled or | 58387 |
| drawn by a commercial tractor when part of its own weight or the | 58388 |
| weight of its load, or both, rest upon and is carried by a | 58389 |
| commercial tractor. | 58390 |
| (F) "Commercial tandem" means any commercial car and trailer | 58391 |
| or any commercial tractor, semi-trailer, and trailer when fastened | 58392 |
| together and used as one unit. | 58393 |
| (G) "Commercial tractor combination" means any commercial | 58394 |
| tractor and semi-trailer when fastened together and used as one | 58395 |
| unit. | 58396 |
| (H) "Axle" means two or more load carrying wheels mounted in | 58397 |
| a single transverse vertical plane. | 58398 |
| (I) "Public highway" means any highway, road, or street | 58399 |
| dedicated to public use, including a highway under the control and | 58400 |
| jurisdiction of the Ohio turnpike commission created by the | 58401 |
| provisions of section 5537.02 of the Revised Code and land and | 58402 |
| lots over which the public, either as user or owner, generally has | 58403 |
| a right to pass even though such land or lots are closed | 58404 |
| temporarily by public authorities for the purpose of construction, | 58405 |
| reconstruction, maintenance, or repair. | 58406 |
| (J) "Jurisdiction" means a state of the United States, the | 58407 |
| District of Columbia, or a province or territory of Canada. | 58408 |
| Sec. 5728.02. (A) Except as provided in section 5728.03 of | 58409 |
| the Revised Code, every person who is liable for the tax imposed | 58410 |
| by section 5728.06 of the Revised Code on the operation of a | 58411 |
|
commercial car | 58412 |
| 58413 | |
| 58414 | |
| 58415 | |
| 58416 | |
| to be, operated or driven upon a public highway in two or more | 58417 |
| jurisdictions shall cause to be filed annually with the tax | 58418 |
|
commissioner | 58419 |
| 58420 |
| Each application for a fuel use permit for a commercial car | 58421 |
| or a commercial tractor shall contain any information the tax | 58422 |
| commissioner prescribes. | 58423 |
| (B) Upon receipt of the application, the tax commissioner | 58424 |
| shall issue to the person making the application a fuel use permit | 58425 |
| and any identification device that the commissioner considers | 58426 |
| necessary for the proper administration of this chapter. The | 58427 |
| permit and the identification device shall be of a design and | 58428 |
| contain any information the commissioner considers necessary. The | 58429 |
| identification device shall be displayed on the commercial car or | 58430 |
| commercial tractor for which it was issued at all times in the | 58431 |
| manner the commissioner prescribes. The fuel use permits and the | 58432 |
| identification device shall not be transferable. In case of the | 58433 |
| loss of a fuel use permit or identification device, the | 58434 |
| commissioner shall issue a duplicate of the permit or device. | 58435 |
| The fuel use permit shall be valid until it expires or is | 58436 |
| suspended or surrendered. | 58437 |
| Sec. 5728.03. (A) In lieu of filing an application for an | 58438 |
| annual fuel use permit under section 5728.02 of the Revised Code | 58439 |
| and in lieu of filing returns under section 5728.08 of the Revised | 58440 |
|
Code, a person who is the owner of a commercial car
| 58441 |
| 58442 | |
| 58443 | |
| 58444 | |
| 58445 | |
| commercial tractor that would otherwise be liable for the tax | 58446 |
| imposed by section 5728.06 of the Revised Code, that is, or is to | 58447 |
| be, operated or driven upon a public highway, may file an | 58448 |
| application with the tax commissioner for a single-trip fuel use | 58449 |
| permit. The application shall be based on rules adopted by the tax | 58450 |
| commissioner and shall include an amount estimated to be | 58451 |
| substantially equivalent to the fuel use tax liability that the | 58452 |
| applicant will incur by driving on the highways of this state | 58453 |
| during the period covered by the single-trip permit. The amount so | 58454 |
| estimated shall be considered to be the fuel use tax liability so | 58455 |
| incurred. | 58456 |
| The commissioner may authorize independent permit services or | 58457 |
| other persons to issue single-trip fuel use permits. | 58458 |
| (B) The tax commissioner shall adopt rules establishing all | 58459 |
| of the following: | 58460 |
| (1) Procedures for the issuance of single-trip permits; | 58461 |
| (2) The length of time the permits are effective; | 58462 |
| (3) Requirements that independent permit services or other | 58463 |
| persons must meet to be authorized to issue single-trip fuel use | 58464 |
| permits and procedures for obtaining that authorization; | 58465 |
| (4) Estimates of the amount substantially equivalent to the | 58466 |
| fuel use tax liability that an applicant will incur by driving on | 58467 |
| the highways of this state during the period covered by the | 58468 |
| permit. | 58469 |
| (C) No person whose fuel use permit issued under section | 58470 |
| 5728.02 of the Revised Code is currently under suspension in | 58471 |
| accordance with section 5728.11 of the Revised Code shall be | 58472 |
| issued a single-trip fuel use permit under this section. | 58473 |
| (D) All moneys collected pursuant to this section shall be | 58474 |
| deposited in the state treasury in accordance with section 5728.08 | 58475 |
| of the Revised Code. | 58476 |
| Sec. 5728.04. (A) It is unlawful for any person to operate a | 58477 |
|
commercial car
| 58478 |
| 58479 | |
| 58480 | |
| 58481 | |
| 58482 | |
| 58483 | |
| 58484 | |
| the Revised Code on a public highway in two or more jurisdictions | 58485 |
| under either of the following circumstances: | 58486 |
| (1) Without a fuel use permit or single trip fuel use permit | 58487 |
| for such commercial car or commercial tractor. | 58488 |
| (2) With a suspended or surrendered fuel use permit for such | 58489 |
| commercial car or commercial tractor. | 58490 |
| (B) The judge or magistrate of any court finding any person | 58491 |
| guilty of unlawfully operating a commercial car or commercial | 58492 |
| tractor as provided for in this section shall immediately notify | 58493 |
| the tax commissioner of such violation and shall transmit to the | 58494 |
| tax commissioner the name and the permanent address of the owner | 58495 |
| of the commercial car or commercial tractor operated in violation | 58496 |
| of this section, the registration number, the state of | 58497 |
| registration, and the certificate of title number of the | 58498 |
| commercial car or commercial tractor. The commercial car or | 58499 |
| commercial tractor involved in a violation of division (A)(1) or | 58500 |
| (2) of this section may be detained until a valid fuel use permit | 58501 |
| is obtained or reinstated. | 58502 |
| Sec. 5728.06. (A) For the following purposes, an excise tax | 58503 |
| is hereby imposed on the use of motor fuel to operate on the | 58504 |
| public highways of this state a commercial car with three or more | 58505 |
| axles, regardless of weight, operated alone or as part of a | 58506 |
| commercial tandem, a
commercial car
with two axles
| 58507 |
| 58508 | |
| registered gross vehicle weight exceeding twenty-six thousand | 58509 |
| pounds operated alone or as part of a commercial tandem, or a | 58510 |
| commercial tractor operated alone or as part of a commercial | 58511 |
| tractor combination or commercial tandem: to provide revenue for | 58512 |
| maintaining the state highway system, to widen existing surfaces | 58513 |
| on such highways, to resurface such highways, to enable the | 58514 |
| counties of the state properly to plan for, maintain, and repair | 58515 |
| their roads, to enable the municipal corporations to plan, | 58516 |
| construct, reconstruct, repave, widen, maintain, repair, clear, | 58517 |
| and clean public highways, roads, and streets; to pay that portion | 58518 |
| of the construction cost of a highway project that a county, | 58519 |
| township, or municipal corporation normally would be required to | 58520 |
| pay, but that the director of transportation, pursuant to division | 58521 |
| (B) of section 5531.08 of the Revised Code, determines instead | 58522 |
| will be paid from moneys in the highway operating fund; to | 58523 |
| maintain and repair bridges and viaducts; to purchase, erect, and | 58524 |
| maintain street and traffic signs and markers; to purchase, erect, | 58525 |
| and maintain traffic lights and signals; to pay the costs | 58526 |
| apportioned to the public under section 4907.47 of the Revised | 58527 |
| Code; and to supplement revenue already available for such | 58528 |
| purposes, to distribute equitably among those persons using the | 58529 |
| privilege of driving motor vehicles upon such highways and streets | 58530 |
| the cost of maintaining and repairing the same, and to pay the | 58531 |
| interest, principal, and charges on bonds and other obligations | 58532 |
| issued pursuant to Section 2i of Article VIII, Ohio Constitution, | 58533 |
| and sections 5528.30 and 5528.31 of the Revised Code. The tax is | 58534 |
| imposed in the same amount as the motor fuel tax imposed under | 58535 |
| Chapter 5735. of the Revised Code plus an additional tax of three | 58536 |
| cents per gallon of motor fuel used before July 1, 2004, provided | 58537 |
| that the additional tax shall be reduced to two cents per gallon | 58538 |
| of motor fuel used from July 1, 2004 through June 30, 2005, as | 58539 |
| determined by the gallons consumed while operated on the public | 58540 |
| highways of this state. Subject to section 5735.292 of the Revised | 58541 |
| Code, on and after July 1, 2005, the tax shall be imposed in the | 58542 |
| same amount as the motor fuel tax imposed under Chapter 5735. of | 58543 |
| the Revised Code. Payment of the fuel use tax shall be made by the | 58544 |
| purchase of motor fuel within Ohio of such gallons as is | 58545 |
| equivalent to the gallons consumed while operating such a motor | 58546 |
| vehicle on the public highways of this state, or by direct | 58547 |
| remittance to the treasurer of state with the fuel use tax return | 58548 |
| filed pursuant to section 5728.08 of the Revised Code. | 58549 |
| Any person subject to the tax imposed under this section who | 58550 |
| purchases motor fuel in this state for use in another state in | 58551 |
| excess of the amount consumed while operating such motor vehicle | 58552 |
| on the public highways of this state shall be allowed a credit | 58553 |
| against the tax imposed by this section or a refund equal to the | 58554 |
| motor fuel tax paid to this state on such excess. No such credit | 58555 |
| or refund shall be allowed for taxes paid to any state that | 58556 |
| imposes a tax on motor fuel purchased or obtained in this state | 58557 |
| and used on the highways of such other state but does not allow a | 58558 |
| similar credit or refund for the tax paid to this state on motor | 58559 |
| fuel purchased or acquired in the other state and used on the | 58560 |
| public highways of this state. | 58561 |
| The tax commissioner is authorized to determine whether such | 58562 |
| credits or refunds are available and to prescribe such rules as | 58563 |
| are required for the purpose of administering this chapter. | 58564 |
| (B) Within sixty days after the last day of each month, the | 58565 |
| tax commissioner shall determine the amount of motor fuel tax | 58566 |
| allowed as a credit against the tax imposed by this section. The | 58567 |
| commissioner shall certify the amount to the director of budget | 58568 |
| and management and the treasurer of state, who shall credit the | 58569 |
| amount in accordance with section 5728.08 of the Revised Code from | 58570 |
| current revenue arising from the tax levied by section 5735.05 of | 58571 |
| the Revised Code. | 58572 |
| (C) The owner of each commercial car and commercial tractor | 58573 |
| subject to sections 5728.01 to 5728.14 of the Revised Code is | 58574 |
| liable for the payment of the full amount of the taxes imposed by | 58575 |
| this section. | 58576 |
| An owner who is a person regularly engaged, for compensation, | 58577 |
| in the business of leasing or renting motor vehicles without | 58578 |
| furnishing drivers may designate that the lessee of a motor | 58579 |
| vehicle leased for a period of thirty days or more shall report | 58580 |
| and pay the tax incurred during the duration of the lease. An | 58581 |
| owner who is an independent contractor that furnishes both the | 58582 |
| driver and motor vehicle, may designate that the person so | 58583 |
| furnished with the driver and motor vehicle for a period of thirty | 58584 |
| days or more shall report and pay the tax incurred during that | 58585 |
| period. An independent contractor that is not an owner, but that | 58586 |
| furnishes both the driver and motor vehicle and that has been | 58587 |
| designated by the owner of the motor vehicle to report and pay the | 58588 |
| tax, may designate that the person so furnished with driver and | 58589 |
| motor vehicle for a period of thirty days or more shall report and | 58590 |
| pay the tax incurred during that period. | 58591 |
| Sec. 5728.08. Except as provided in section 5728.03 of the | 58592 |
|
Revised Code | 58593 |
| whoever is liable for the payment of the tax levied by section | 58594 |
| 5728.06 of the Revised Code, on or before the last day of each | 58595 |
| January, April, July, and October, shall file with the tax | 58596 |
| commissioner, on forms prescribed by the commissioner, a fuel use | 58597 |
| tax return and make payment of the full amount of the tax due for | 58598 |
| the operation of each commercial car and commercial tractor for | 58599 |
| the
preceding three calendar
months.
| 58600 |
| 58601 | |
| 58602 | |
| 58603 | |
| 58604 | |
| 58605 | |
| 58606 | |
| 58607 | |
| 58608 | |
| 58609 | |
| 58610 | |
| 58611 | |
| 58612 | |
| 58613 | |
| 58614 | |
| 58615 | |
| 58616 | |
| 58617 | |
| 58618 | |
| 58619 |
| The commissioner shall immediately forward to the treasurer | 58620 |
| of state all money received from the tax levied by section 5728.06 | 58621 |
| of the Revised Code. | 58622 |
| The treasurer of state shall place to the credit of the tax | 58623 |
| refund fund created by section 5703.052 of the Revised Code, out | 58624 |
| of receipts from the taxes levied by section 5728.06 of the | 58625 |
| Revised Code, amounts equal to the refund certified by the tax | 58626 |
| commissioner pursuant to section 5728.061 of the Revised Code. | 58627 |
| Receipts from the tax shall be used by the commissioner to defray | 58628 |
| expenses incurred by the department of taxation in administering | 58629 |
| sections 5728.01 to 5728.14 of the Revised Code. | 58630 |
| All moneys received in the state treasury from taxes levied | 58631 |
| by section 5728.06 of the Revised Code and fees assessed under | 58632 |
| section 5728.03 of the Revised Code that are not required to be | 58633 |
| placed to the credit of the tax refund fund as provided by this | 58634 |
| section shall, during each calendar year, be credited to the | 58635 |
| highway improvement bond retirement fund created by section | 58636 |
| 5528.12 of the Revised Code until the commissioners of the sinking | 58637 |
| fund certify to the treasurer of state, as required by section | 58638 |
| 5528.17 of the Revised Code, that there are sufficient moneys to | 58639 |
| the credit of the highway improvement bond retirement fund to meet | 58640 |
| in full all payments of interest, principal, and charges for the | 58641 |
| retirement of bonds and other obligations issued pursuant to | 58642 |
| Section 2g of Article VIII, Ohio Constitution, and sections | 58643 |
| 5528.10 and 5528.11 of the Revised Code due and payable during the | 58644 |
| current calendar year and during the following calendar year. From | 58645 |
| the date of the receipt of the certification required by section | 58646 |
| 5528.17 of the Revised Code by the treasurer of state until the | 58647 |
| thirty-first day of December of the calendar year in which the | 58648 |
| certification is made, all moneys received in the state treasury | 58649 |
| from taxes levied under section 5728.06 of the Revised Code and | 58650 |
| fees assessed under section 5728.03 of the Revised Code that are | 58651 |
| not required to be placed to the credit of the tax refund fund as | 58652 |
| provided by this section shall be credited to the highway | 58653 |
| obligations bond retirement fund created by section 5528.32 of the | 58654 |
| Revised Code until the commissioners of the sinking fund certify | 58655 |
| to the treasurer of state, as required by section 5528.38 of the | 58656 |
| Revised Code, that there are sufficient moneys to the credit of | 58657 |
| the highway obligations bond retirement fund to meet in full all | 58658 |
| payments of interest, principal, and charges for the retirement of | 58659 |
| bonds and other obligations issued pursuant to Section 2i of | 58660 |
| Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 | 58661 |
| of the Revised Code due and payable during the current calendar | 58662 |
| year and during the following calendar year. From the date of the | 58663 |
| receipt of the certification required by section 5528.38 of the | 58664 |
| Revised Code by the treasurer of state until the thirty-first day | 58665 |
| of December of the calendar year in which the certification is | 58666 |
| made, all moneys received in the state treasury from taxes levied | 58667 |
| under section 5728.06 of the Revised Code and fees assessed under | 58668 |
| section 5728.03 of the Revised Code that are not required to be | 58669 |
| placed to the credit of the tax refund fund as provided by this | 58670 |
| section shall be credited to the highway operating fund created by | 58671 |
| section 5735.291 of the Revised Code, except as provided by the | 58672 |
| following paragraph of this section. | 58673 |
| From the date of the receipt by the treasurer of state of | 58674 |
| certifications from the commissioners of the sinking fund, as | 58675 |
| required by sections 5528.18 and 5528.39 of the Revised Code, | 58676 |
| certifying that the moneys to the credit of the highway | 58677 |
| improvement bond retirement fund are sufficient to meet in full | 58678 |
| all payments of interest, principal, and charges for the | 58679 |
| retirement of all bonds and other obligations that may be issued | 58680 |
| pursuant to Section 2g of Article VIII, Ohio Constitution, and | 58681 |
| sections 5528.10 and 5528.11 of the Revised Code, and to the | 58682 |
| credit of the highway obligations bond retirement fund are | 58683 |
| sufficient to meet in full all payments of interest, principal, | 58684 |
| and charges for the retirement of all obligations issued pursuant | 58685 |
| to Section 2i of Article VIII, Ohio Constitution, and sections | 58686 |
| 5528.30 and 5528.31 of the Revised Code, all moneys received in | 58687 |
| the state treasury from the taxes levied under section 5728.06 and | 58688 |
| fees assessed under section 5728.03 of the Revised Code that are | 58689 |
| not required to be placed to the credit of the tax refund fund as | 58690 |
| provided by this section, shall be deposited to the credit of the | 58691 |
| highway operating fund. | 58692 |
| | 58693 |
| 58694 | |
| 58695 |
| Sec. 5729.08. (A) As used in this section, "tax otherwise | 58696 |
| due" means the tax imposed on a foreign insurance company under | 58697 |
| section 5729.03 of the Revised Code reduced by the total amount of | 58698 |
| all other nonrefundable credits, if any, that the foreign | 58699 |
| insurance company is entitled to claim. | 58700 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 58701 |
| venture capital authority under section 150.07 of the Revised | 58702 |
| Code, a credit may be claimed against the tax imposed on a foreign | 58703 |
| insurance company under section 5729.03 of the Revised Code. The | 58704 |
| credit shall be claimed in the calendar year specified in the | 58705 |
| certificate issued by the authority. | 58706 |
| (C) If the company elected a refundable credit under section | 58707 |
| 150.07 of the Revised Code and if the amount of the credit shown | 58708 |
| on the certificate does not exceed the tax otherwise due, then for | 58709 |
| the calendar year the company shall claim a refundable credit | 58710 |
| equal to the amount of the credit shown on the certificate. | 58711 |
| (D) If the company elected a refundable credit under section | 58712 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 58713 |
| the certificate exceeds the tax otherwise due | 58714 |
| 58715 | |
| company | 58716 |
| 58717 | |
| of the following: | 58718 |
| (1) The amount, if any, of the tax otherwise due; | 58719 |
| (2) Seventy-five per cent of the difference between the | 58720 |
| amount of the refundable credit shown on the certificate and the | 58721 |
| tax otherwise due. | 58722 |
| (E) If the company elected a nonrefundable credit, the amount | 58723 |
| of the credit shown on the certificate shall not exceed the amount | 58724 |
| of tax otherwise due. If the company elected a nonrefundable | 58725 |
| credit and the credit to which the company would otherwise be | 58726 |
| entitled under this section for any calendar year is greater than | 58727 |
| the tax otherwise due | 58728 |
| the excess shall be allowed as a nonrefundable credit in each of | 58729 |
| the ensuing ten calendar years, but the amount of any excess | 58730 |
| credit allowed in the ensuing calendar year shall be deducted from | 58731 |
| the balance carried forward to the next calendar year. | 58732 |
| Sec. 5731.01. As used in this chapter: | 58733 |
| (A) The "value of the gross estate" of the decedent shall | 58734 |
| include, to the extent provided in sections 5731.03 to 5731.131 of | 58735 |
| the Revised Code, the value, on the | 58736 |
| death or on an alternate valuation date prescribed by division (D) | 58737 |
| of this section, of all property, real or personal, tangible or | 58738 |
| intangible, wherever situated, except real property situated and | 58739 |
| tangible personal property having an actual situs outside of this | 58740 |
| state. | 58741 |
| (B) Subject to the provisions of section 5731.011 of the | 58742 |
| Revised Code that permit a valuation of qualified farm property at | 58743 |
| its value for its actual qualified use, the value of any property | 58744 |
| included in the gross estate shall be the price at which such | 58745 |
| property would change hands between a willing buyer and a willing | 58746 |
| seller, neither being under any compulsion to buy or sell and both | 58747 |
| having reasonable knowledge of relevant facts. All relevant facts | 58748 |
| and elements of value as of the valuation date shall be considered | 58749 |
| in determining such value. | 58750 |
| The rulings and regulations of the internal revenue service | 58751 |
| and decisions of the federal courts defining the principles | 58752 |
| applicable in determining fair market value for purposes of the | 58753 |
| federal estate tax imposed by Subchapter A, Chapter 11 of the | 58754 |
|
Internal Revenue Code | 58755 |
| be applied in determining fair market value for purposes of the | 58756 |
| estate taxes imposed by this chapter, to the extent that these | 58757 |
| rulings, regulations, and decisions are not inconsistent with the | 58758 |
| express provisions of this chapter, but the actual determination | 58759 |
| of the fair market value by the internal revenue service of any | 58760 |
| asset included in the gross estate is not controlling for purposes | 58761 |
| of the estate taxes imposed by this chapter, unless the person | 58762 |
| filing the estate tax return and the tax commissioner have agreed | 58763 |
| in writing to be bound by the federal determination, as provided | 58764 |
| in section 5731.26 of the Revised Code. | 58765 |
| (C) In the case of stock and securities of a corporation the | 58766 |
| value of which, by reason of their not being listed on an exchange | 58767 |
| and by reason of the absence of sales of them, cannot be | 58768 |
| determined with reference to bid and asked prices, or with | 58769 |
| reference to sales prices, the value of them shall be determined | 58770 |
| by taking into consideration, in addition to all other factors, | 58771 |
| the value of stock or securities of corporations engaged in the | 58772 |
| same or a similar line of business which are listed on an exchange | 58773 |
| or which are traded actively in the over-the-counter market. | 58774 |
| If a valuation of securities is undertaken by reference to | 58775 |
| market transactions and if the block of securities to be valued is | 58776 |
| so large in relation to actual sales on existing markets that it | 58777 |
| could not be liquidated in a reasonable time without depressing | 58778 |
| the market, the price at which the block could be sold, as such, | 58779 |
| outside the usual market, as through an underwriter, shall be | 58780 |
| considered in determining the value of such block of securities. | 58781 |
| (D) "Alternate valuation date" means the date for valuation | 58782 |
| of a gross estate permitted by filing an election under this | 58783 |
| division. Whether or not an alternate valuation date election is | 58784 |
| available to an estate for federal estate tax purposes or, if | 58785 |
| available, is made for the estate, the value of the gross estate | 58786 |
| may be determined, if the person required to file the estate tax | 58787 |
| return so elects, by valuing all the property included in the | 58788 |
| gross estate on the alternate date, if any, provided in section | 58789 |
| 2032 (a) of the Internal Revenue Code | 58790 |
| 58791 | |
| tax purposes, to the estates of persons dying on the decedent's | 58792 |
| date of death. | 58793 |
| No deduction under this chapter of any item shall be allowed | 58794 |
| if allowance is, in effect, given by use of the alternate | 58795 |
| valuation date. In the determination of any tax liability of any | 58796 |
| estate in which an election is filed under this division, all | 58797 |
|
provisions in this chapter | 58798 |
| of the decedent's death shall be construed for all purposes to | 58799 |
| mean the value of such property used in determining the value of | 58800 |
| the gross estate. For the purposes of the charitable deduction | 58801 |
| under section 5731.17 of the Revised Code, any bequest, legacy, | 58802 |
| devise, or transfer enumerated in it shall be valued as of the | 58803 |
| date of the decedent's death with adjustment for any difference in | 58804 |
| value, not due to mere lapse of time or the occurrence or | 58805 |
| nonoccurrence of a contingency, of the property as of the date six | 58806 |
| months after the decedent's death, or in case of its earlier | 58807 |
| disposition, on such date of disposition. | 58808 |
| An election under this division shall be exercised on the | 58809 |
| estate tax return by the person required to file the return. When | 58810 |
| made, an election under this division is irrevocable. An election | 58811 |
| cannot be exercised under this division if a return is filed more | 58812 |
| than one year after the time prescribed, including any extensions | 58813 |
| of time granted, pursuant to law for filing the return. | 58814 |
| (E) Unless otherwise indicated by the context, "county" means | 58815 |
| one of the following: | 58816 |
| (1) The county in which the decedent's estate is | 58817 |
| administered; | 58818 |
| (2) If no administration of the decedent's estate is being | 58819 |
|
had, the county of residence of the decedent at the time of | 58820 |
| death; | 58821 |
| (3) If the decedent dies a resident of another state, any | 58822 |
| county in which any property subject to tax is located. | 58823 |
| (F) "Internal Revenue Code" means the "Internal Revenue Code | 58824 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 58825 |
| Sec. 5731.05. (A) Except as provided in divisions (B) and | 58826 |
| (C) of this section, the value of the gross estate shall include | 58827 |
| the value of all property, to the extent of any interest in | 58828 |
| property, of which the decedent has at any time made a transfer, | 58829 |
|
by trust or otherwise, in contemplation of | 58830 |
| (B) Any transfer, except as provided in division (C) of this | 58831 |
| section, by trust or otherwise, made within a period of three | 58832 |
| years ending with the date of the decedent's death shall be deemed | 58833 |
| to have been made in contemplation of death, unless the contrary | 58834 |
| is shown. No transfer made before that three-year period shall be | 58835 |
| treated as having been made in contemplation of death. | 58836 |
| (C) This section does not apply to any of the following: | 58837 |
| (1) A bona fide sale for an adequate and full consideration | 58838 |
| in money or money's worth; | 58839 |
| (2) A transfer of property that would not be included in the | 58840 |
| decedent's gross estate if retained by | 58841 |
| death; | 58842 |
| (3) The first ten thousand dollars of the transfers that were | 58843 |
| made by the decedent to each transferee, other than the spouse of | 58844 |
| the decedent, in each calendar year, but only to the extent that | 58845 |
| those transfers qualify as present interests under section 2503(b) | 58846 |
| and (c) of the | 58847 |
| 58848 | |
| does not apply to any portion of a transfer that is treated as | 58849 |
| being made by the spouse of the decedent under section 2513 of the | 58850 |
| 58851 |
| (4) A transfer of property made to the spouse of the | 58852 |
| transferor, except as provided in section 5731.131 of the Revised | 58853 |
| Code; | 58854 |
| (5) Federal or state gift taxes paid with respect to any | 58855 |
| includible transfer. | 58856 |
| | 58857 |
| 58858 | |
| 58859 | |
| 58860 |
| Sec. 5731.131. | 58861 |
| include the value of any property in which the decedent had an | 58862 |
| income interest for life as follows: | 58863 |
| | 58864 |
| transfer of such property to the decedent under section 2523(f) of | 58865 |
| the | 58866 |
| 58867 | |
| taxable estate of the decedent's predeceasing spouse; | 58868 |
| | 58869 |
| resident of this state at
the time of | 58870 |
| deduction was allowed with respect to the transfer of such | 58871 |
| property to the decedent under section 2056(b)(7) of the
| 58872 |
| Revenue Code | 58873 |
| connection with the determination of the value of the taxable | 58874 |
| estate of the decedent's predeceasing spouse; | 58875 |
| | 58876 |
| July 1, 1993, and if a marital deduction was allowed with respect | 58877 |
| to the transfer of such property to the decedent under division | 58878 |
| (A)(1) of section 5731.15 of the Revised Code as it existed prior | 58879 |
| to July 1, 1993, in connection with the determination of the value | 58880 |
| of the taxable estate of the decedent's predeceasing spouse; | 58881 |
| | 58882 |
| was allowed with respect to the transfer of such property to the | 58883 |
| decedent under division (B) of section 5731.15 of the Revised | 58884 |
| Code, in connection with the determination of the value of the | 58885 |
| taxable estate of the decedent's predeceasing spouse. | 58886 |
| | 58887 |
| 58888 | |
| 58889 | |
| 58890 |
| Sec. 5731.14. For purposes of the tax levied by section | 58891 |
| 5731.02 of the Revised Code, the value of the taxable estate shall | 58892 |
| be determined by deducting from the value of the gross estate | 58893 |
| deductions provided for in sections 5731.15
to 5731.17 | 58894 |
| of the Revised Code. | 58895 |
| Sec. 5731.18. (A) In addition to the tax levied by section | 58896 |
| 5731.02 of the Revised Code, a tax is hereby levied upon the | 58897 |
| transfer of the estate of every person dying on or after July 1, | 58898 |
| 1968, who, at the time of | 58899 |
| in an amount equal to the maximum credit allowable by subtitle B, | 58900 |
| 58901 | |
| 58902 |
| (B) The tax levied on any estate under this section shall be | 58903 |
| credited with the amount of the tax levied under section 5731.02 | 58904 |
| of the Revised Code and with the amount of any estate, | 58905 |
| inheritance, legacy, or succession taxes actually paid to any | 58906 |
| state or territory of the United States or to the District of | 58907 |
| Columbia on any property included in the decedent's gross estate | 58908 |
| for federal estate tax purposes. | 58909 |
| (C) The additional tax levied under this section shall be | 58910 |
| administered, collected, and paid as provided in section 5731.24 | 58911 |
| of the Revised Code. | 58912 |
| Sec. 5731.181. (A) For purposes of this section, | 58913 |
| "generation-skipping transfer," "taxable distribution," and | 58914 |
| "taxable termination" have the same meaning as in Chapter 13 of | 58915 |
|
subtitle B of the Internal Revenue Code | 58916 |
| 58917 |
| (B) A tax is hereby levied upon every generation-skipping | 58918 |
| transfer of property having a situs in this state, that occurs at | 58919 |
| the same time as, and as a result of, the death of an individual, | 58920 |
| in an amount equal to the credit allowed by Chapter 13 of subtitle | 58921 |
| B of the Internal Revenue Code | 58922 |
| 58923 | |
| of any property included in the generation-skipping transfer. | 58924 |
| For purposes of this division, "property having a situs in | 58925 |
| this state" includes all the following: | 58926 |
| (1) Real property situated in this state; | 58927 |
| (2) Tangible personal property having an actual situs in this | 58928 |
| state; | 58929 |
| (3) Intangible personal property employed in carrying on a | 58930 |
| business in this state; | 58931 |
| (4) Intangible personal property owned by a trust, the | 58932 |
| trustee of which resides in or has its principal place of business | 58933 |
| in this state, or, if there is more than one trustee of the trust, | 58934 |
| the principal place of administration of which is in this state. | 58935 |
| (C) The return with respect to the generation-skipping tax | 58936 |
| levied by division (B) of this section shall be filed in the form | 58937 |
| that the tax commissioner shall prescribe, on or before the day | 58938 |
| prescribed by law, including extensions, for filing the | 58939 |
| generation-skipping transfer tax return under Chapter 13 of | 58940 |
|
subtitle B of the Internal Revenue Code | 58941 |
| 58942 | |
| transfer. The return shall be filed by the distributee in the case | 58943 |
| of a taxable distribution and by the trustee in the case of a | 58944 |
| taxable termination. | 58945 |
| (D) The generation-skipping tax levied by division (B) of | 58946 |
| this section shall be paid, without notice or demand by the tax | 58947 |
| commissioner, with the return, and shall be charged, collected, | 58948 |
| and administered in the same manner as estate taxes levied by this | 58949 |
| chapter. This chapter is generally applicable to, except to the | 58950 |
| extent it is inconsistent with the nature of, the | 58951 |
| generation-skipping tax. | 58952 |
| (E) If another state levies a generation-skipping tax on a | 58953 |
| transfer described in division (B) of this section, the tax | 58954 |
| commissioner may enter into a compromise of the | 58955 |
| generation-skipping tax levied by division (B) of this section in | 58956 |
| the manner provided in section 5731.35 of the Revised Code, except | 58957 |
| that no approval of any probate court is required. If such a | 58958 |
| compromise agreement is made, no interest and penalties shall | 58959 |
| accrue for the period prior to the execution of the agreement and | 58960 |
| for sixty days after its execution. | 58961 |
| Sec. 5731.22. (A) If the executor, administrator, or other | 58962 |
| person required to file a return fails to file the return required | 58963 |
| by this chapter or to pay the tax due under this chapter on or | 58964 |
| before the date prescribed therefor, determined with regard to any | 58965 |
| extension of time for filing or payment,
| 58966 |
| 58967 | |
| 58968 | |
| determined a penalty | 58969 |
| amount of | 58970 |
| 58971 | |
| 58972 | |
| 58973 | |
| 58974 | |
| 58975 | |
| 58976 | |
| 58977 | |
| 58978 | |
| 58979 | |
| tax due and unpaid. The | 58980 |
| shall be collected | 58981 |
| tax | 58982 |
| The | 58983 |
| administrator, or other person having custody or control of any | 58984 |
| property the transfer of which is subject to estate tax, and such | 58985 |
| executor, administrator, or other person is personally liable for | 58986 |
|
the | 58987 |
| divided in the same manner prescribed for the division of the tax | 58988 |
| in sections 5731.50 and 5731.51 of the Revised Code. | 58989 |
| (B) The county auditor, upon consultation with the county | 58990 |
| treasurer, shall remit a penalty imposed under this section on a | 58991 |
| person if that person applies for remission and shows that the | 58992 |
| failure to file the return or to pay the tax due under this | 58993 |
| chapter on or before the date prescribed for such filing or | 58994 |
| payment, determined with regard to any extension, was due to | 58995 |
| reasonable cause and not willful neglect. The county auditor shall | 58996 |
| notify the applicant of the remission decision by mail. If the | 58997 |
| county auditor denies the applicant's application for remission, | 58998 |
| the applicant, within sixty days after the notice of the county | 58999 |
| auditor's decision is mailed, may apply to the tax commissioner | 59000 |
| for review of the county auditor's decision. The application may | 59001 |
| be filed in person or by certified mail. If the application is | 59002 |
| filed by certified mail, the date of the United States postmark | 59003 |
| placed on the sender's receipt by the postal service shall be | 59004 |
| treated as the date of filing. The tax commissioner shall consider | 59005 |
| the application, determine whether the penalty should be remitted, | 59006 |
| and certify the determination to the applicant, the county | 59007 |
| auditor, and the county treasurer. The county auditor and county | 59008 |
| treasurer shall make any settlement, and the county treasurer | 59009 |
| shall correct the accounts required to be kept under section | 59010 |
| 5731.46 of the Revised Code, as necessitated by the tax | 59011 |
| commissioner's determination. The applicant may file an exception | 59012 |
| to the tax commissioner's determination with the probate court as | 59013 |
| provided under section 5731.30 of the Revised Code. | 59014 |
| The tax commissioner may issue orders and instructions for | 59015 |
| the uniform implementation of this division by the county auditors | 59016 |
| and county treasurers of all counties, and such officers shall | 59017 |
| follow such orders and instructions. | 59018 |
| Sec. 5731.23. Subject to division (A) of section 5731.25 of | 59019 |
| the Revised Code or any other statute extending the time for | 59020 |
| payment of an estate tax, the tax levied by section 5731.02 and | 59021 |
| division (A) of section 5731.19 of the Revised Code shall, without | 59022 |
| notice or demand by the tax commissioner, be due and payable by | 59023 |
| the person liable for it, at the expiration of nine months from | 59024 |
| the date of the decedent's death, to the treasurer of the county. | 59025 |
| If any amount of tax levied by section 5731.02 or division (A) of | 59026 |
| section 5731.19 of the Revised Code is not paid on or before nine | 59027 |
| months from the date of the decedent's death, interest on such | 59028 |
| amount shall be paid for the period from such date to the date | 59029 |
| paid, computed at the | 59030 |
| short-term rate determined by the tax commissioner under section | 59031 |
| 5703.47 of the Revised Code. Interest at the same rate shall be | 59032 |
| paid on any amount of tax determined to be due by way of | 59033 |
| deficiency from nine months from the date of the decedent's death | 59034 |
| to the date of payment thereof. Such interest shall be charged and | 59035 |
| collected in the same manner as the tax. | 59036 |
| Interest computed at the | 59037 |
| short-term rate determined by the tax commissioner under section | 59038 |
| 5703.47 of the Revised Code shall be allowed and paid upon any | 59039 |
| overpayment of tax levied by section 5731.02 or division (A) of | 59040 |
| section 5731.19 of the Revised Code from nine months from the date | 59041 |
| of the decedent's death or the date of payment of the tax, | 59042 |
| whichever is later, to the date such overpayment is repaid.
| 59043 |
| 59044 | |
| 59045 | |
| 59046 |
| At any time after nine months from the date of the decedent's | 59047 |
| death, payment of an estimated deficiency may be made and shall be | 59048 |
| credited against any deficiency of tax finally determined. | 59049 |
| Interest on any deficiency ultimately determined to be due shall | 59050 |
| be charged only upon the unpaid portion thereof. | 59051 |
| Sec. 5731.39. (A) No corporation organized or existing under | 59052 |
| the laws of this state shall transfer on its books or issue a new | 59053 |
| certificate for any share of its capital stock registered in the | 59054 |
| name of a decedent, or in trust for a decedent, or in the name of | 59055 |
| a decedent and another person or persons, without the written | 59056 |
| consent of the tax commissioner. | 59057 |
| (B) No safe deposit company, trust company, financial | 59058 |
| institution as defined in division (A) of section 5725.01 of the | 59059 |
| Revised Code or other corporation or person, having in possession, | 59060 |
| control, or custody a deposit standing in the name of a decedent, | 59061 |
| or in trust for a decedent, or in the name of a decedent and | 59062 |
| another person or persons, shall deliver or transfer an amount in | 59063 |
| excess of three-fourths of the total value of such deposit, | 59064 |
| including accrued interest and dividends, as of the date of | 59065 |
| decedent's death, without the written consent of the tax | 59066 |
| commissioner. The written consent of the tax commissioner need not | 59067 |
| be obtained prior to the delivery or transfer of amounts having a | 59068 |
| value of three-fourths or less of said total value. | 59069 |
| (C) No life insurance company shall pay the proceeds of an | 59070 |
| annuity or matured endowment contract, or of a life insurance | 59071 |
| contract payable to the estate of a decedent, or of any other | 59072 |
| insurance contract taxable under Chapter 5731. of the Revised | 59073 |
| Code, without the written consent of the tax commissioner. Any | 59074 |
| life insurance company may pay the proceeds of any insurance | 59075 |
| contract not specified in this division (C) without the written | 59076 |
| consent of the tax commissioner. | 59077 |
| (D) No trust company or other corporation or person shall pay | 59078 |
| the proceeds of any death benefit, retirement, pension or profit | 59079 |
| sharing plan in excess of two thousand dollars, without the | 59080 |
| written consent of the tax commissioner. Such trust company or | 59081 |
| other corporation or person, however, may pay the proceeds of any | 59082 |
| death benefit, retirement, pension, or profit-sharing plan which | 59083 |
| consists of insurance on the life of the decedent payable to a | 59084 |
| beneficiary other than the estate of the insured without the | 59085 |
| written consent of the tax commissioner. | 59086 |
| (E) No safe deposit company, trust company, financial | 59087 |
| institution as defined in division (A) of section 5725.01 of the | 59088 |
| Revised Code, or other corporation or person, having in | 59089 |
| possession, control, or custody securities, assets, or other | 59090 |
| property (including the shares of the capital stock of, or other | 59091 |
| interest in, such safe deposit company, trust company, financial | 59092 |
| institution as defined in division (A) of section 5725.01 of the | 59093 |
| Revised Code, or other corporation), standing in the name of a | 59094 |
| decedent, or in trust for a decedent, or in the name of a decedent | 59095 |
| and another person or persons, and the transfer of which is | 59096 |
| taxable under Chapter 5731. of the Revised Code, shall deliver or | 59097 |
| transfer any such securities, assets, or other property which have | 59098 |
| a value as of the date of decedent's death in excess of | 59099 |
| three-fourths of the total value thereof, without the written | 59100 |
| consent of the tax commissioner. The written consent of the tax | 59101 |
| commissioner need not be obtained prior to the delivery or | 59102 |
| transfer of any such securities, assets, or other property having | 59103 |
| a value of three-fourths or less of said total value. | 59104 |
| (F) No safe deposit company, financial institution as defined | 59105 |
| in division (A) of section 5725.01 of the Revised Code, or other | 59106 |
| corporation or person having possession or control of a safe | 59107 |
| deposit box or similar receptacle standing in the name of a | 59108 |
| decedent or in the name of the decedent and another person or | 59109 |
| persons, or to which the decedent had a right of access, except | 59110 |
| when such safe deposit box or other receptacle stands in the name | 59111 |
| of a corporation or partnership, or in the name of the decedent as | 59112 |
| guardian or executor, shall deliver any of the contents thereof | 59113 |
| unless the safe deposit box or similar receptacle has been opened | 59114 |
| and inventoried in the presence of the tax commissioner or the | 59115 |
| commissioner's agent, and a written consent to transfer issued; | 59116 |
| provided, however, that a safe deposit company, financial | 59117 |
| institution, or other corporation or person having possession or | 59118 |
| control of a safe deposit box may deliver wills, deeds to burial | 59119 |
| lots, and insurance policies to a representative of the decedent, | 59120 |
| but that a representative of the safe deposit company, financial | 59121 |
| institution, or other corporation or person must supervise the | 59122 |
| opening of the box and make a written record of the wills, deeds, | 59123 |
| and policies removed. Such written record shall be included in the | 59124 |
| tax commissioner's inventory records. | 59125 |
| (G) Notwithstanding any provision of this section: | 59126 |
| (1) The tax commissioner may authorize any delivery or | 59127 |
| transfer or waive any of the foregoing requirements under such | 59128 |
| terms and conditions as the commissioner may prescribe; | 59129 |
| (2) An adult care facility, as defined in section 3722.01 of | 59130 |
| the Revised Code, or a home, as defined in section 3721.10 of the | 59131 |
| Revised Code, may transfer or use the money in a personal needs | 59132 |
| allowance account in accordance with section | 59133 |
| the Revised Code without the written consent of the tax | 59134 |
| commissioner, and without the account having been opened and | 59135 |
| inventoried in the presence of the commissioner or the | 59136 |
| commissioner's agent. | 59137 |
| Failure to comply with this section shall render such safe | 59138 |
| deposit company, trust company, life insurance company, financial | 59139 |
| institution as defined in division (A) of section 5725.01 of the | 59140 |
| Revised Code, or other corporation or person liable for the amount | 59141 |
| of the taxes and interest due under the provisions of Chapter | 59142 |
| 5731. of the Revised Code on the transfer of such stock, deposit, | 59143 |
| proceeds of an annuity or matured endowment contract or of a life | 59144 |
| insurance contract payable to the estate of a decedent, or other | 59145 |
| insurance contract taxable under Chapter 5731. of the Revised | 59146 |
| Code, proceeds of any death benefit, retirement, pension, or | 59147 |
| profit sharing plan in excess of two thousand dollars, or | 59148 |
| securities, assets, or other property of any resident decedent, | 59149 |
| and in addition thereto, to a penalty of not less than five | 59150 |
| hundred or more than five thousand dollars. | 59151 |
| Sec. 5731.41. To enforce section 5731.39 of the Revised | 59152 |
| Code, the tax commissioner may appoint agents in the unclassified | 59153 |
| civil service who shall perform such duties as are prescribed by | 59154 |
| the commissioner. Such agents shall, as compensation, receive | 59155 |
| annually eight cents per capita for each full one thousand of the | 59156 |
| first twenty thousand of the population of the county and two | 59157 |
| cents per capita for each full one thousand over twenty thousand | 59158 |
| of the population of the county, as shown by the last federal | 59159 |
| census, which shall be paid in equal monthly installments from the | 59160 |
| undivided inheritance or estate tax in the county treasury on the | 59161 |
| warrant of the county auditor or from the county real estate | 59162 |
| assessment fund, any other provision of law to the contrary | 59163 |
| notwithstanding. The amount paid to any agent in the unclassified | 59164 |
| service for duties performed in estate tax matters, as directed by | 59165 |
| the commissioner, shall not exceed three thousand nor be less than | 59166 |
| twelve hundred dollars in any calendar year. | 59167 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 59168 |
| domestic corporations shall be the amount charged against each | 59169 |
| corporation organized for profit under the laws of this state and | 59170 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 59171 |
| the Revised Code, except as provided in sections 5733.09 and | 59172 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 59173 |
| franchise during the calendar year in which that amount is | 59174 |
| payable, and the tax provided by this chapter for foreign | 59175 |
| corporations shall be the amount charged against each corporation | 59176 |
| organized for profit and each nonprofit corporation organized or | 59177 |
| operating in the same or similar manner as nonprofit corporations | 59178 |
| organized under Chapter 1729. of the Revised Code, under the laws | 59179 |
| of any state or country other than this state, except as provided | 59180 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 59181 |
| privilege of doing business in this state, owning or using a part | 59182 |
| or all of its capital or property in this state, holding a | 59183 |
| certificate of compliance with the laws of this state authorizing | 59184 |
| it to do business in this state, or otherwise having nexus in or | 59185 |
| with this state under the Constitution of the United States, | 59186 |
| during the calendar year in which that amount is payable. | 59187 |
| (B) A corporation is subject to the tax imposed by section | 59188 |
| 5733.06 of the Revised Code for each calendar year that it is so | 59189 |
| organized, doing business, owning or using a part or all of its | 59190 |
| capital or property, holding a certificate of compliance, or | 59191 |
| otherwise having nexus in or with this state under the | 59192 |
| Constitution of the United States, on the first day of January of | 59193 |
| that calendar year. | 59194 |
| (C) Any corporation subject to this chapter that is not | 59195 |
| subject to the federal income tax shall file its returns and | 59196 |
| compute its tax liability as required by this chapter in the same | 59197 |
| manner as if that corporation were subject to the federal income | 59198 |
| tax. | 59199 |
| (D) For purposes of this chapter, a federally chartered | 59200 |
| financial institution shall be deemed to be organized under the | 59201 |
| laws of the state within which its principal office is located. | 59202 |
| (E) | 59203 |
| in section 5701.01 of the Revised Code, shall be treated as a | 59204 |
|
corporation
| 59205 |
| classified for federal income tax purposes as an association | 59206 |
| taxable as a corporation, and an equity interest in the person | 59207 |
| shall be treated as capital stock of the person. | 59208 |
| (F) For the purposes of this chapter, "disregarded entity" | 59209 |
| has the same meaning as in division (D) of section 5745.01 of the | 59210 |
| Revised Code. | 59211 |
| (1) A person's interest in a disregarded entity, whether held | 59212 |
| directly or indirectly, shall be treated as the person's ownership | 59213 |
| of the assets and liabilities of the disregarded entity, and the | 59214 |
| income, including gain or loss, shall be included in the person's | 59215 |
| net income under this chapter. | 59216 |
| (2) Any sale, exchange, or other disposition of the person's | 59217 |
| interest in the disregarded entity, whether held directly or | 59218 |
| indirectly, shall be treated as a sale, exchange, or other | 59219 |
| disposition of the person's share of the disregarded entity's | 59220 |
| underlying assets or liabilities, and the gain or loss from such | 59221 |
| sale, exchange, or disposition shall be included in the person's | 59222 |
| net income under this chapter. | 59223 |
| (3) The disregarded entity's payroll, property, and sales | 59224 |
| factors shall be included in the person's factors. | 59225 |
| (G) The tax a corporation is required to pay under this | 59226 |
| chapter shall be as follows: | 59227 |
| (1)(a) For financial institutions, the greater of the minimum | 59228 |
| payment required under division (E) of section 5733.06 of the | 59229 |
| Revised Code or the difference between all taxes charged the | 59230 |
| financial institution under this chapter, without regard to | 59231 |
| division (G)(2) of this section, less any credits allowable | 59232 |
| against such tax. | 59233 |
| (b) A corporation satisfying the description in division | 59234 |
| (E)(5), (6), (7), (8), or (9) of section 5751.01 of the Revised | 59235 |
| Code that is not a financial institution, insurance company, or | 59236 |
| dealer in intangibles is subject to the taxes imposed under this | 59237 |
| chapter as a corporation and not subject to tax as a financial | 59238 |
| institution, and shall pay the greater of the minimum payment | 59239 |
| required under division (E) of section 5733.06 of the Revised Code | 59240 |
| or the difference between all the taxes charged under this | 59241 |
| chapter, without regard to division (G)(2) of this section, less | 59242 |
| any credits allowable against such tax. | 59243 |
| (2) For all corporations other than those persons described | 59244 |
| in division (G)(1)(a) or (b) of this section, the amount under | 59245 |
| division (G)(2)(a) of this section applicable to the tax year | 59246 |
| specified less the amount under division (G)(2)(b) of this | 59247 |
| section: | 59248 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 59249 |
| required under division (E) of section 5733.06 of the Revised Code | 59250 |
| or the difference between all taxes charged the corporation under | 59251 |
| this chapter less any credits allowable against such tax except | 59252 |
| the qualifying pass-through entity tax credit described in | 59253 |
| division (A)(1) and the refundable credits described in divisions | 59254 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 59255 |
| (ii) For tax year 2006, the greater of the minimum payment | 59256 |
| required under division (E) of section 5733.06 of the Revised Code | 59257 |
| or four-fifths of the difference between all taxes charged the | 59258 |
| corporation under this chapter less any credits allowable against | 59259 |
| such tax except the qualifying pass-through entity tax credit | 59260 |
| described in division (A)(1) and the refundable credits described | 59261 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 59262 |
| Revised Code; | 59263 |
| (iii) For tax year 2007, the greater of the minimum payment | 59264 |
| required under division (E) of section 5733.06 of the Revised Code | 59265 |
| or three-fifths of the difference between all taxes charged the | 59266 |
| corporation under this chapter less any credits allowable against | 59267 |
| such tax except the qualifying pass-through entity tax credit | 59268 |
| described in division (A)(1) and the refundable credits described | 59269 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 59270 |
| Revised Code; | 59271 |
| (iv) For tax year 2008, the greater of the minimum payment | 59272 |
| required under division (E) of section 5733.06 of the Revised Code | 59273 |
| or two-fifths of the difference between all taxes charged the | 59274 |
| corporation under this chapter less any credits allowable against | 59275 |
| such tax except the qualifying pass-through entity tax credit | 59276 |
| described in division (A)(1) and the refundable credits described | 59277 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 59278 |
| Revised Code except the qualifying pass-through entity tax credit | 59279 |
| under division (A)(1) and the refundable credits under divisions | 59280 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 59281 |
| (v) For tax year 2009, the greater of the minimum payment | 59282 |
| required under division (E) of section 5733.06 of the Revised Code | 59283 |
| or one-fifth of the difference between all taxes charged the | 59284 |
| corporation under this chapter less any credits allowable against | 59285 |
| such tax except the qualifying pass-through entity tax credit | 59286 |
| described in division (A)(1) and the refundable credits described | 59287 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 59288 |
| Revised Code except the qualifying pass-through entity tax credit | 59289 |
| under division (A)(1) and the refundable credits under divisions | 59290 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 59291 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 59292 |
| (b) A corporation shall subtract from the amount calculated | 59293 |
| under division (G)(2)(a)(i), (ii), (iii), (iv), or (v) of this | 59294 |
| section any qualifying pass-through entity tax credit described in | 59295 |
| division (A)(1) or any refundable credit described in division | 59296 |
| (A)(29), (30), or (31) of section 5733.98 of the Revised Code to | 59297 |
| which the corporation is entitled. Any unused qualifying | 59298 |
| pass-through entity tax credit is not refundable. | 59299 |
| Sec. 5733.065. (A) As used in this section, "litter stream | 59300 |
| products" means: | 59301 |
| (1) Intoxicating liquor, beer, wine, mixed beverages, or | 59302 |
| spirituous liquor as defined in section 4301.01 of the Revised | 59303 |
| Code; | 59304 |
| (2) Soft drinks as defined in section 913.22 of the Revised | 59305 |
| Code; | 59306 |
| (3) Glass, metal, plastic, or fiber containers with a | 59307 |
| capacity of less than two gallons sold for the purpose of being | 59308 |
| incorporated into or becoming a part of a product enumerated in | 59309 |
| divisions (A)(1) and (2) of this section; | 59310 |
| (4) Container crowns and closures sold for the purpose of | 59311 |
| being incorporated into or becoming a part of a product enumerated | 59312 |
| in divisions (A)(1) and (2) of this section; | 59313 |
| (5) Packaging materials transferred or intended for transfer | 59314 |
| of use or possession in conjunction with retail sales of products | 59315 |
| enumerated in divisions (A)(1) and (2) of this section; | 59316 |
| (6) Packaging materials in the finished form in which they | 59317 |
| are to be used, including sacks, bags, cups, lids, straws, plates, | 59318 |
| wrappings, boxes, or containers of any type used in the packaging | 59319 |
| or serving of food or beverages, when the food or beverages are | 59320 |
| prepared for human consumption by a restaurant or take-out food | 59321 |
| outlet at the premises where sold at retail and are delivered to a | 59322 |
| purchaser for consumption off the premises where the food or | 59323 |
| beverages are sold; | 59324 |
| (7) Cigarettes, cigars, tobacco, matches, candy, and gum. | 59325 |
| (B) For the purpose of providing additional funding for
| 59326 |
| 59327 | |
| 59328 | |
| corporations for the privilege of manufacturing or selling litter | 59329 |
| stream products in this state. The tax imposed by this section is | 59330 |
| in addition to the tax charged under section 5733.06 of the | 59331 |
| Revised Code, computed at the rate prescribed by section 5733.066 | 59332 |
|
of the
Revised Code. | 59333 |
| 59334 | |
| 59335 |
| (C) The tax shall be imposed upon each corporation subject to | 59336 |
| the tax imposed by section 5733.06 of the Revised Code that | 59337 |
| manufactures or sells litter stream products in this state. The | 59338 |
| tax for each year shall be in an amount equal to the greater of | 59339 |
| either: | 59340 |
| (1) Twenty-two hundredths of one per cent upon the value of | 59341 |
| that portion of the taxpayer's issued and outstanding shares of | 59342 |
| stock as determined under division (B) of section 5733.05 of the | 59343 |
| Revised Code that is subject to the rate contained in division (B) | 59344 |
| of section 5733.06 of the Revised Code; | 59345 |
| (2) Fourteen one-hundredths of a mill times the value of the | 59346 |
| taxpayer's issued and outstanding shares of stock as determined | 59347 |
| under division (C) of section 5733.05 of the Revised Code. | 59348 |
| The additional tax charged any taxpayer or group of combined | 59349 |
| taxpayers pursuant to this section for any tax year shall not | 59350 |
| exceed five thousand dollars. | 59351 |
| (D)(1) In the case of a corporation engaged in the business | 59352 |
| of manufacturing litter stream products, no tax shall be due under | 59353 |
| this section unless the sale of litter stream products in this | 59354 |
| state during the taxable year exceeds five per cent of the total | 59355 |
| sales in this state of the corporation during that period or | 59356 |
| unless the total sales in this state of litter stream products by | 59357 |
| the corporation during the taxable year exceed ten million | 59358 |
| dollars. | 59359 |
| (2) In the case of a corporation engaged in the business of | 59360 |
| selling litter stream products in the form in which the item is or | 59361 |
| is to be received, no tax shall be due under this section unless | 59362 |
| the corporation's sales of litter stream products in this state | 59363 |
| during the taxable year constitute more than five per cent of its | 59364 |
| total sales in this state during that period. | 59365 |
| (3) In the case of a corporation transferring possession of | 59366 |
| litter stream products included in division (A)(6) of this | 59367 |
| section, in which food or beverages prepared for human consumption | 59368 |
| are placed, when the food or beverages are prepared for retail | 59369 |
| sale at the premises where sold and are delivered to a purchaser | 59370 |
| for consumption off the premises where the food or beverages are | 59371 |
| sold, no tax shall be due under this section unless such sales for | 59372 |
| off-premises consumption during the taxable year exceed five per | 59373 |
| cent of the corporation's total annual sales during the taxable | 59374 |
| year. | 59375 |
| (E)(1) The tax imposed by this section is due in the | 59376 |
| proportions and on the dates on which the tax imposed by section | 59377 |
| 5733.06 of the Revised Code may be paid without penalty. | 59378 |
| (2) Payment of the tax and any reports or returns required to | 59379 |
| enable the tax commissioner to determine the correct amount of the | 59380 |
| tax shall be submitted with and are due at the same time as | 59381 |
| payments and reports required to be submitted under this chapter. | 59382 |
| (3) If the tax is not paid in full on or before the date | 59383 |
| required by division (E)(1) of this section, the unpaid portion of | 59384 |
| the tax due and unpaid shall be subject to all provisions of this | 59385 |
| chapter for the collection of unpaid, delinquent taxes imposed by | 59386 |
| section 5733.06 of the Revised Code, except that all such taxes, | 59387 |
| interest, and penalties, when collected, shall be treated as | 59388 |
| proceeds arising from the tax imposed by this section and shall be | 59389 |
| deposited in the general revenue fund. | 59390 |
| The tax levied on corporations under this section does not | 59391 |
| prohibit or otherwise limit the authority of municipal | 59392 |
| corporations to impose an income tax on the income of such | 59393 |
| corporations. | 59394 |
| Sec. 5733.066. There shall be added to the rates contained | 59395 |
| in section 5733.06 of the Revised Code the following: | 59396 |
| (A) To the rate in division (A) of that section upon that | 59397 |
| portion of the value of the taxpayer's issued and outstanding | 59398 |
| shares of stock as determined under division (B) of section | 59399 |
| 5733.05 of the Revised Code that is subject to such rate, an | 59400 |
| additional eleven-hundredths per cent upon that value to provide | 59401 |
|
funding for | 59402 |
| 59403 |
| (B) To the rate in division (B) of that section upon that | 59404 |
| portion of the value so determined that is subject to that rate, | 59405 |
| an additional twenty-two-hundredths per cent upon that value to | 59406 |
|
provide funding for | 59407 |
| 59408 |
| (C) To the rate in division (C) of that section times that | 59409 |
| portion of the value of the taxpayer's issued and outstanding | 59410 |
| shares of stock as determined under division (C) of section | 59411 |
| 5733.05 of the Revised Code, an additional fourteen one-hundredths | 59412 |
| mills times that value to provide funding for | 59413 |
| recycling and litter prevention | 59414 |
| 59415 |
| The additional tax charged any taxpayer or group of combined | 59416 |
| taxpayers pursuant to this section for any tax year shall not | 59417 |
| exceed five thousand dollars. | 59418 |
| This section does not apply to any family farm corporation as | 59419 |
| defined in section 4123.01 of the Revised Code. | 59420 |
| The tax levied on corporations under this section does not | 59421 |
| prohibit or otherwise limit the authority of municipal | 59422 |
| corporations to impose an income tax on the income of such | 59423 |
| corporations. | 59424 |
| Sec. 5733.33. (A) As used in this section: | 59425 |
| (1) "Manufacturing machinery and equipment" means engines and | 59426 |
| machinery, and tools and implements, of every kind used, or | 59427 |
| designed to be used, in refining and manufacturing. "Manufacturing | 59428 |
| machinery and equipment" does not include property acquired after | 59429 |
| December 31, 1999, that is used: | 59430 |
| (a) For the transmission and distribution of electricity; | 59431 |
| (b) For the generation of electricity, if fifty per cent or | 59432 |
| more of the electricity that the property generates is consumed, | 59433 |
| during the one-hundred-twenty-month period commencing with the | 59434 |
| date the property is placed in service, by persons that are not | 59435 |
| related members to the person who generates the electricity. | 59436 |
| (2) "New manufacturing machinery and equipment" means | 59437 |
| manufacturing machinery and equipment, the original use in this | 59438 |
| state of which commences with the taxpayer or with a partnership | 59439 |
| of which the taxpayer is a partner. "New manufacturing machinery | 59440 |
| and equipment" does not include property acquired after December | 59441 |
| 31, 1999, that is used: | 59442 |
| (a) For the transmission and distribution of electricity; | 59443 |
| (b) For the generation of electricity, if fifty per cent or | 59444 |
| more of the electricity that the property generates is consumed, | 59445 |
| during the one-hundred-twenty-month period commencing with the | 59446 |
| date the property is placed in service, by persons that are not | 59447 |
| related members to the person who generates the electricity. | 59448 |
| (3)(a) "Purchase" has the same meaning as in section | 59449 |
| 179(d)(2) of the Internal Revenue Code. | 59450 |
| (b) For purposes of this section, any property that is not | 59451 |
| manufactured or assembled primarily by the taxpayer is considered | 59452 |
| purchased at the time the agreement to acquire the property | 59453 |
| becomes binding. Any property that is manufactured or assembled | 59454 |
| primarily by the taxpayer is considered purchased at the time the | 59455 |
| taxpayer places the property in service in the county for which | 59456 |
| the taxpayer will calculate the county excess amount. | 59457 |
| (c) Notwithstanding section 179(d) of the Internal Revenue | 59458 |
| Code, a taxpayer's direct or indirect acquisition of new | 59459 |
| manufacturing machinery and equipment is not purchased on or after | 59460 |
| July 1, 1995, if the taxpayer, or a person whose relationship to | 59461 |
| the taxpayer is described in subparagraphs (A), (B), or (C) of | 59462 |
| section 179(d)(2) of the Internal Revenue Code, had directly or | 59463 |
| indirectly entered into a binding agreement to acquire the | 59464 |
| property at any time prior to July 1, 1995. | 59465 |
| (4) "Qualifying period" means the period that begins July 1, | 59466 |
|
1995, and ends | 59467 |
| (5) "County average new manufacturing machinery and equipment | 59468 |
| investment" means either of the following: | 59469 |
| (a) The average annual cost of new manufacturing machinery | 59470 |
| and equipment purchased for use in the county during baseline | 59471 |
| years, in the case of a taxpayer that was in existence for more | 59472 |
| than one year during baseline years. | 59473 |
| (b) Zero, in the case of a taxpayer that was not in existence | 59474 |
| for more than one year during baseline years. | 59475 |
| (6) "Partnership" includes a limited liability company formed | 59476 |
| under Chapter 1705. of the Revised Code or under the laws of any | 59477 |
| other state, provided that the company is not classified for | 59478 |
| federal income tax purposes as an association taxable as a | 59479 |
| corporation. | 59480 |
| (7) "Partner" includes a member of a limited liability | 59481 |
| company formed under Chapter 1705. of the Revised Code or under | 59482 |
| the laws of any other state, provided that the company is not | 59483 |
| classified for federal income tax purposes as an association | 59484 |
| taxable as a corporation. | 59485 |
| (8) "Distressed area" means either a municipal corporation | 59486 |
| that has a population of at least fifty thousand or a county that | 59487 |
| meets two of the following criteria of economic distress, or a | 59488 |
| municipal corporation the majority of the population of which is | 59489 |
| situated in such a county: | 59490 |
| (a) Its average rate of unemployment, during the most recent | 59491 |
| five-year period for which data are available, is equal to at | 59492 |
| least one hundred twenty-five per cent of the average rate of | 59493 |
| unemployment for the United States for the same period; | 59494 |
| (b) It has a per capita income equal to or below eighty per | 59495 |
| cent of the median county per capita income of the United States | 59496 |
| as determined by the most recently available figures from the | 59497 |
| United States census bureau; | 59498 |
| (c)(i) In the case of a municipal corporation, at least | 59499 |
| twenty per cent of the residents have a total income for the most | 59500 |
| recent census year that is below the official poverty line; | 59501 |
| (ii) In the case of a county, in intercensal years, the | 59502 |
| county has a ratio of transfer payment income to total county | 59503 |
| income equal to or greater than twenty-five per cent. | 59504 |
| (9) "Eligible area" means a distressed area, a labor surplus | 59505 |
| area, an inner city area, or a situational distress area. | 59506 |
| (10) "Inner city area" means, in a municipal corporation that | 59507 |
| has a population of at least one hundred thousand and does not | 59508 |
| meet the criteria of a labor surplus area or a distressed area, | 59509 |
| targeted investment areas established by the municipal corporation | 59510 |
| within its boundaries that are comprised of the most recent census | 59511 |
| block tracts that individually have at least twenty per cent of | 59512 |
| their population at or below the state poverty level or other | 59513 |
| census block tracts contiguous to such census block tracts. | 59514 |
| (11) "Labor surplus area" means an area designated as a labor | 59515 |
| surplus area by the United States department of labor. | 59516 |
| (12) "Official poverty line" has the same meaning as in | 59517 |
| division (A) of section 3923.51 of the Revised Code. | 59518 |
| (13) "Situational distress area" means a county or a | 59519 |
| municipal corporation that has experienced or is experiencing a | 59520 |
| closing or downsizing of a major employer, that will adversely | 59521 |
| affect the county's or municipal corporation's economy. In order | 59522 |
| to be designated as a situational distress area for a period not | 59523 |
| to exceed thirty-six months, the county or municipal corporation | 59524 |
| may petition the director of development. The petition shall | 59525 |
| include written documentation that demonstrates all of the | 59526 |
| following adverse effects on the local economy: | 59527 |
| (a) The number of jobs lost by the closing or downsizing; | 59528 |
| (b) The impact that the job loss has on the county's or | 59529 |
| municipal corporation's unemployment rate as measured by the state | 59530 |
| director of job and family services; | 59531 |
| (c) The annual payroll associated with the job loss; | 59532 |
| (d) The amount of state and local taxes associated with the | 59533 |
| job loss; | 59534 |
| (e) The impact that the closing or downsizing has on the | 59535 |
| suppliers located in the county or municipal corporation. | 59536 |
| (14) "Cost" has the same meaning and limitation as in section | 59537 |
| 179(d)(3) of the Internal Revenue Code. | 59538 |
| (15) "Baseline years" means: | 59539 |
| (a) Calendar years 1992, 1993, and 1994, with regard to a | 59540 |
| credit claimed for the purchase during calendar year 1995, 1996, | 59541 |
| 1997, or 1998 of new manufacturing machinery and equipment; | 59542 |
| (b) Calendar years 1993, 1994, and 1995, with regard to a | 59543 |
| credit claimed for the purchase during calendar year 1999 of new | 59544 |
| manufacturing machinery and equipment; | 59545 |
| (c) Calendar years 1994, 1995, and 1996, with regard to a | 59546 |
| credit claimed for the purchase during calendar year 2000 of new | 59547 |
| manufacturing machinery and equipment; | 59548 |
| (d) Calendar years 1995, 1996, and 1997, with regard to a | 59549 |
| credit claimed for the purchase during calendar year 2001 of new | 59550 |
| manufacturing machinery and equipment; | 59551 |
| (e) Calendar years 1996, 1997, and 1998, with regard to a | 59552 |
| credit claimed for the purchase during calendar year 2002 of new | 59553 |
| manufacturing machinery and equipment; | 59554 |
| (f) Calendar years 1997, 1998, and 1999, with regard to a | 59555 |
| credit claimed for the purchase during calendar year 2003 of new | 59556 |
| manufacturing machinery and equipment; | 59557 |
| (g) Calendar years 1998, 1999, and 2000, with regard to a | 59558 |
| credit claimed for the purchase during calendar year 2004 of new | 59559 |
| manufacturing machinery and equipment; | 59560 |
| (h) Calendar years 1999, 2000, and 2001, with regard to a | 59561 |
| credit
claimed for the purchase | 59562 |
| after January 1, 2005, and on or before June 30, 2005, of new | 59563 |
| manufacturing
machinery and equipment | 59564 |
| | 59565 |
| 59566 | |
| 59567 |
| | 59568 |
| 59569 | |
| 59570 |
| | 59571 |
| 59572 | |
| 59573 |
| | 59574 |
| 59575 | |
| 59576 |
| | 59577 |
| 59578 | |
| 59579 |
| | 59580 |
| 59581 | |
| 59582 |
| | 59583 |
| 59584 | |
| 59585 |
| | 59586 |
| 59587 | |
| 59588 |
| | 59589 |
| 59590 | |
| 59591 |
| | 59592 |
| 59593 | |
| 59594 |
| (16) "Related member" has the same meaning as in section | 59595 |
| 5733.042 of the Revised Code. | 59596 |
| (B)(1) Subject to division (I) of this section, a | 59597 |
| nonrefundable credit is allowed against the tax imposed by section | 59598 |
| 5733.06 of the Revised Code for a taxpayer that purchases new | 59599 |
| manufacturing machinery and equipment during the qualifying | 59600 |
| period, provided that the new manufacturing machinery and | 59601 |
|
equipment are installed in this state no later than
| 59602 |
| 59603 |
| (2)(a) Except as otherwise provided in division (B)(2)(b) of | 59604 |
| this section, a credit may be claimed under this section in excess | 59605 |
| of one million dollars only if the cost of all manufacturing | 59606 |
| machinery and equipment owned in this state by the taxpayer | 59607 |
| claiming the credit on the last day of the calendar year exceeds | 59608 |
| the cost of all manufacturing machinery and equipment owned in | 59609 |
| this state by the taxpayer on the first day of that calendar year. | 59610 |
| As used in division (B)(2)(a) of this section, "calendar | 59611 |
| year" means the calendar year in which the machinery and equipment | 59612 |
| for which the credit is claimed was purchased. | 59613 |
| (b) Division (B)(2)(a) of this section does not apply if the | 59614 |
| taxpayer claiming the credit applies for and is issued a waiver of | 59615 |
| the requirement of that division. A taxpayer may apply to the | 59616 |
| director of development for such a waiver in the manner prescribed | 59617 |
| by the director, and the director may issue such a waiver if the | 59618 |
| director determines that granting the credit is necessary to | 59619 |
| increase or retain employees in this state, and that the credit | 59620 |
| has not caused relocation of manufacturing machinery and equipment | 59621 |
| among counties within this state for the primary purpose of | 59622 |
| qualifying for the credit. | 59623 |
| (C)(1) Except as otherwise provided in division (C)(2) and | 59624 |
| division (I) of this section, the credit amount is equal to seven | 59625 |
| and one-half per cent of the excess of the cost of the new | 59626 |
| manufacturing machinery and equipment purchased during the | 59627 |
| calendar year for use in a county over the county average new | 59628 |
| manufacturing machinery and equipment investment for that county. | 59629 |
| (2) Subject to division (I) of this section, as used in | 59630 |
| division (C)(2) of this section "county excess" means the | 59631 |
| taxpayer's excess cost for a county as computed under division | 59632 |
| (C)(1) of this section. | 59633 |
| Subject to division (I) of this section, a taxpayer with a | 59634 |
| county excess, whose purchases included purchases for use in any | 59635 |
| eligible area in the county, the credit amount is equal to | 59636 |
| thirteen and one-half per cent of the cost of the new | 59637 |
| manufacturing machinery and equipment purchased during the | 59638 |
| calendar year for use in the eligible areas in the county, | 59639 |
| provided that the cost subject to the thirteen and one-half per | 59640 |
| cent rate shall not exceed the county excess. If the county excess | 59641 |
| is greater than the cost of the new manufacturing machinery and | 59642 |
| equipment purchased during the calendar year for use in eligible | 59643 |
| areas in the county, the credit amount also shall include an | 59644 |
| amount equal to seven and one-half per cent of the amount of the | 59645 |
| difference. | 59646 |
| (3) If a taxpayer is allowed a credit for purchases of new | 59647 |
| manufacturing machinery and equipment in more than one county or | 59648 |
| eligible area, it shall aggregate the amount of those credits each | 59649 |
| year. | 59650 |
| (4) The taxpayer shall claim one-seventh of the credit amount | 59651 |
| for the tax year immediately following the calendar year in which | 59652 |
| the new manufacturing machinery and equipment is purchased for use | 59653 |
| in the county by the taxpayer or partnership. One-seventh of the | 59654 |
| taxpayer credit amount is allowed for each of the six ensuing tax | 59655 |
| years. Except for carried-forward amounts, the taxpayer is not | 59656 |
| allowed any credit amount remaining if the new manufacturing | 59657 |
| machinery and equipment is sold by the taxpayer or partnership or | 59658 |
| is transferred by the taxpayer or partnership out of the county | 59659 |
| before the end of the seven-year period unless, at the time of the | 59660 |
| sale or transfer, the new manufacturing machinery and equipment | 59661 |
| has been fully depreciated for federal income tax purposes. | 59662 |
| (5)(a) A taxpayer that acquires manufacturing machinery and | 59663 |
| equipment as a result of a merger with the taxpayer with whom | 59664 |
| commenced the original use in this state of the manufacturing | 59665 |
| machinery and equipment, or with a taxpayer that was a partner in | 59666 |
| a partnership with whom commenced the original use in this state | 59667 |
| of the manufacturing machinery and equipment, is entitled to any | 59668 |
| remaining or carried-forward credit amounts to which the taxpayer | 59669 |
| was entitled. | 59670 |
| (b) A taxpayer that enters into an agreement under division | 59671 |
| (C)(3) of section 5709.62 of the Revised Code and that acquires | 59672 |
| manufacturing machinery or equipment as a result of purchasing a | 59673 |
| large manufacturing facility, as defined in section 5709.61 of the | 59674 |
| Revised Code, from another taxpayer with whom commenced the | 59675 |
| original use in this state of the manufacturing machinery or | 59676 |
| equipment, and that operates the large manufacturing facility so | 59677 |
| purchased, is entitled to any remaining or carried-forward credit | 59678 |
| amounts to which the other taxpayer who sold the facility would | 59679 |
| have been entitled under this section had the other taxpayer not | 59680 |
| sold the manufacturing facility or equipment. | 59681 |
| (c) New manufacturing machinery and equipment is not | 59682 |
| considered sold if a pass-through entity transfers to another | 59683 |
| pass-through entity substantially all of its assets as part of a | 59684 |
| plan of reorganization under which substantially all gain and loss | 59685 |
| is not recognized by the pass-through entity that is transferring | 59686 |
| the new manufacturing machinery and equipment to the transferee | 59687 |
| and under which the transferee's basis in the new manufacturing | 59688 |
| machinery and equipment is determined, in whole or in part, by | 59689 |
| reference to the basis of the pass-through entity which | 59690 |
| transferred the new manufacturing machinery and equipment to the | 59691 |
| transferee. | 59692 |
| (d) Division (C)(5) of this section shall apply only if the | 59693 |
| acquiring taxpayer or transferee does not sell the new | 59694 |
| manufacturing machinery and equipment or transfer the new | 59695 |
| manufacturing machinery and equipment out of the county before the | 59696 |
| end of the seven-year period to which division (C)(4) of this | 59697 |
| section refers. | 59698 |
| (e) Division (C)(5)(b) of this section applies only to the | 59699 |
| extent that the taxpayer that sold the manufacturing machinery or | 59700 |
| equipment, upon request, timely provides to the tax commissioner | 59701 |
| any information that the tax commissioner considers to be | 59702 |
| necessary to ascertain any remaining or carried-forward amounts to | 59703 |
| which the taxpayer that sold the facility would have been entitled | 59704 |
| under this section had the taxpayer not sold the manufacturing | 59705 |
| machinery or equipment. Nothing in division (C)(5)(b) or (e) of | 59706 |
| this section shall be construed to allow a taxpayer to claim any | 59707 |
| credit amount with respect to the acquired manufacturing machinery | 59708 |
| or equipment that is greater than the amount that would have been | 59709 |
| available to the other taxpayer that sold the manufacturing | 59710 |
| machinery or equipment had the other taxpayer not sold the | 59711 |
| manufacturing machinery or equipment. | 59712 |
| (D) The taxpayer shall claim the credit in the order required | 59713 |
| under section 5733.98 of the Revised Code. Each year, any credit | 59714 |
| amount in excess of the tax due under section 5733.06 of the | 59715 |
| Revised Code after allowing for any other credits that precede the | 59716 |
| credit under this section in that order may be carried forward for | 59717 |
| three tax years. | 59718 |
| (E) A taxpayer purchasing new manufacturing machinery and | 59719 |
| equipment and intending to claim the credit shall file, with the | 59720 |
| department of development, a notice of intent to claim the credit | 59721 |
| on a form prescribed by the department of development. The | 59722 |
| department of development shall inform the tax commissioner of the | 59723 |
| notice of intent to claim the credit. | 59724 |
| (F) The director of development shall annually certify, by | 59725 |
| the first day of January of each year during the qualifying | 59726 |
| period, the eligible areas for the tax credit for the calendar | 59727 |
| year that includes that first day of January. The director shall | 59728 |
| send a copy of the certification to the tax commissioner. | 59729 |
| (G) New manufacturing machinery and equipment for which a | 59730 |
| taxpayer claims the credit under section 5733.31, 5733.311, | 59731 |
| 5747.26, or 5747.261 of the Revised Code shall not be considered | 59732 |
| new manufacturing machinery and equipment for purposes of the | 59733 |
| credit under this section. | 59734 |
| (H)(1) Notwithstanding sections 5733.11 and 5747.13 of the | 59735 |
| Revised Code, but subject to division (H)(2) of this section, the | 59736 |
| tax commissioner may issue an assessment against a person with | 59737 |
| respect to a credit claimed under this section for new | 59738 |
| manufacturing machinery and equipment described in division | 59739 |
| (A)(1)(b) or (2)(b) of this section, if the machinery or equipment | 59740 |
| subsequently does not qualify for the credit. | 59741 |
| (2) Division (H)(1) of this section shall not apply after the | 59742 |
| twenty-fourth month following the last day of the period described | 59743 |
| in divisions (A)(1)(b) and (2)(b) of this section. | 59744 |
| (I) Notwithstanding any other provision of this section to | 59745 |
| the contrary, in the case of a qualifying controlled group, the | 59746 |
| credit available under this section to a taxpayer or taxpayers in | 59747 |
| the qualifying controlled group shall be computed as if all | 59748 |
| corporations in the group were a single corporation. The credit | 59749 |
| shall be allocated to such a taxpayer or taxpayers in the group in | 59750 |
| any amount elected for the taxable year by the group. Such | 59751 |
| election shall be revocable and amendable during the period | 59752 |
| described in division (B) of section 5733.12 of the Revised Code. | 59753 |
| This division applies to all purchases of new manufacturing | 59754 |
| machinery and equipment made on or after January 1, 2001, and to | 59755 |
| all baseline years used to compute any credit attributable to such | 59756 |
| purchases; provided, that this division may be applied solely at | 59757 |
| the election of the qualifying controlled group with respect to | 59758 |
| all purchases of new manufacturing machinery and equipment made | 59759 |
| before that date, and to all baseline years used to compute any | 59760 |
| credit attributable to such purchases. The qualifying controlled | 59761 |
| group at any time may elect to apply this division to purchases | 59762 |
| made prior to January 1, 2001, subject to the following: | 59763 |
| (1) The election is irrevocable; | 59764 |
| (2) The election need not accompany a timely filed report, | 59765 |
| but the election may accompany a subsequently filed but timely | 59766 |
| application for refund, a subsequently filed but timely amended | 59767 |
| report, or a subsequently filed but timely petition for | 59768 |
| reassessment. | 59769 |
| (J) Any credit for purchases of new manufacturing machinery | 59770 |
| and equipment made before July 1, 2005, may be claimed as provided | 59771 |
| in division (C) of this section and, each year, any amount of | 59772 |
| credit for such purchases in excess of the tax due under section | 59773 |
| 5733.06 of the Revised Code after allowing for any other credits | 59774 |
| that precede the credit in the order required under section | 59775 |
| 5733.98 of the Revised Code may be carried forward as provided in | 59776 |
| division (D) of this section. | 59777 |
| Sec. 5733.351. (A) As used in this section, "qualified | 59778 |
| research expenses" has the same meaning as in section 41 of the | 59779 |
| Internal Revenue Code. | 59780 |
| (B)(1) A nonrefundable credit is allowed against the tax | 59781 |
| imposed by section 5733.06 of the Revised Code for tax year 2002 | 59782 |
| for a taxpayer whose taxable year for tax year 2002 ended before | 59783 |
| July 1, 2001. The credit shall equal seven per cent of the excess | 59784 |
| of qualified research expenses incurred in this state by the | 59785 |
| taxpayer between January 1, 2001, and the end of the taxable year, | 59786 |
| over the taxpayer's average annual qualified research expenses | 59787 |
| incurred in this state for the three preceding taxable years. | 59788 |
| (2) A nonrefundable credit also is allowed against the tax | 59789 |
| imposed by section 5733.06 of the Revised Code for each tax year, | 59790 |
| commencing with tax year 2004 and ending with tax year 2008. The | 59791 |
| credit shall equal seven per cent of the excess of qualified | 59792 |
| research expenses incurred in this state by the taxpayer for the | 59793 |
| taxable year over the taxpayer's average annual qualified research | 59794 |
| expenses incurred in this state for the three preceding taxable | 59795 |
| years. | 59796 |
| (3) The taxpayer shall claim the credit allowed under | 59797 |
| division (B)(1) or (2) of this section in the order required by | 59798 |
| section 5733.98 of the Revised Code. Any credit amount in excess | 59799 |
| of the tax due under section 5733.06 of the Revised Code, after | 59800 |
| allowing for any other credits that precede the credit under this | 59801 |
| section in the order required under section 5733.98 of the Revised | 59802 |
| Code, may be carried forward for seven taxable years, but the | 59803 |
| amount of the excess credit allowed in any such year shall be | 59804 |
| deducted from the balance carried forward to the next year. Any | 59805 |
| credit not fully utilized by tax year 2008 may be carried forward | 59806 |
| and applied against the tax levied by Chapter 5751. of the Revised | 59807 |
| Code to the extent allowed under section 5751.51 of the Revised | 59808 |
| Code, provided that the total number of taxable years under this | 59809 |
| section and calendar years under Chapter 5751. of the Revised Code | 59810 |
| for which the credit is carried forward shall not exceed seven. | 59811 |
| (C) In the case of a qualifying controlled group, the credit | 59812 |
| allowed under division (B)(1) or (2) of this section to taxpayers | 59813 |
| in the qualifying controlled group shall be computed as if all | 59814 |
| corporations in the qualifying controlled group were a | 59815 |
| consolidated, single taxpayer. The credit shall be allocated to | 59816 |
| such taxpayers in any amount elected for the taxable year by the | 59817 |
| qualifying controlled group. The election shall be revocable and | 59818 |
| amendable during the period prescribed by division (B) of section | 59819 |
| 5733.12 of the Revised Code. | 59820 |
| Sec. 5733.352. (A) As used in this section: | 59821 |
| (1) "Borrower" means any person that receives a loan from the | 59822 |
| director of development under section 166.21 of the Revised Code, | 59823 |
| regardless of whether the borrower is subject to the taxes imposed | 59824 |
| by sections 5733.06, 5733.065, and 5733.066 of the Revised Code. | 59825 |
| (2) "Related member" has the same meaning as in section | 59826 |
| 5733.042 of the Revised Code. | 59827 |
| (3) "Qualified research and development loan payments" has | 59828 |
| the same meaning as in division (D) of section 166.21 of the | 59829 |
| Revised Code. | 59830 |
|
(B) Beginning | 59831 |
| 2008, a nonrefundable credit is allowed against the taxes imposed | 59832 |
| by sections 5733.06, 5733.065, and 5733.066 of the Revised Code | 59833 |
| equal to a borrower's qualified research and development loan | 59834 |
| payments made during the calendar year immediately preceding the | 59835 |
| tax year for which the credit is claimed. The amount of the credit | 59836 |
| for a tax year shall not exceed one hundred fifty thousand | 59837 |
| dollars. No taxpayer is entitled to claim a credit under this | 59838 |
| section unless it has obtained a certificate issued by the | 59839 |
| director of development under division (D) of section 166.21 of | 59840 |
| the Revised Code. The credit shall be claimed in the order | 59841 |
| required under section 5733.98 of the Revised Code. The credit, to | 59842 |
| the extent it exceeds the taxpayer's tax liability for the tax | 59843 |
| year after allowance for any other credits that precede the credit | 59844 |
| under this section in that order, shall be carried forward to the | 59845 |
| next succeeding tax year or years until fully used. Any credit not | 59846 |
| fully utilized by tax year 2008 may be carried forward and applied | 59847 |
| against the tax levied by Chapter 5751. of the Revised Code to the | 59848 |
| extent allowed under section 5751.52 of the Revised Code. | 59849 |
| (C) A borrower entitled to a credit under this section may | 59850 |
| assign the credit, or a portion thereof, to any of the following: | 59851 |
| (1) A related member of that borrower; | 59852 |
| (2) The owner or lessee of the eligible research and | 59853 |
| development project; | 59854 |
| (3) A related member of the owner or lessee of the eligible | 59855 |
| research and development project. | 59856 |
| A borrower making an assignment under this division shall | 59857 |
| provide written notice of the assignment to the tax commissioner | 59858 |
| and the director of development, in such form as the tax | 59859 |
| commissioner prescribes, before the credit that was assigned is | 59860 |
| used. The assignor may not claim the credit to the extent it was | 59861 |
| assigned to an assignee. The assignee may claim the credit only to | 59862 |
| the extent the assignor has not claimed it. | 59863 |
| (D) If any taxpayer is a partner in a partnership or a member | 59864 |
| in a limited liability company treated as a partnership for | 59865 |
| federal income tax purposes, the taxpayer shall be allowed the | 59866 |
| taxpayer's distributive or proportionate share of the credit | 59867 |
| available through the partnership or limited liability company. | 59868 |
| (E) The aggregate credit against the taxes imposed by | 59869 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 59870 |
| Code that may be claimed under this section and section 5747.331 | 59871 |
| of the Revised Code by a borrower as a result of qualified | 59872 |
| research and development loan payments attributable during a | 59873 |
| calendar year to any one loan shall not exceed one hundred fifty | 59874 |
| thousand dollars. | 59875 |
| Sec. 5733.40. As used in sections 5733.40 and 5733.41 and | 59876 |
| Chapter 5747. of the Revised Code: | 59877 |
| (A)(1) "Adjusted qualifying amount" means either of the | 59878 |
| following: | 59879 |
| (a) The
sum of | 59880 |
| share of the income, gain, expense, or loss of a qualifying | 59881 |
| pass-through entity for the qualifying taxable year of the | 59882 |
| qualifying pass-through entity multiplied by the apportionment | 59883 |
| fraction defined in division (B) of this section, subject to | 59884 |
| section 5733.401 of the Revised Code and divisions (A)(2) to (7) | 59885 |
| of this section; | 59886 |
| (b) The sum of | 59887 |
| qualifying net income and qualifying net gain distributed by a | 59888 |
| qualifying trust for the qualifying taxable year of the qualifying | 59889 |
| trust multiplied by the apportionment fraction defined in division | 59890 |
| (B) of this section, subject to section 5733.401 of the Revised | 59891 |
|
Code and divisions (A)(2)
to
| 59892 |
| (2) The sum shall exclude any amount which, pursuant to the | 59893 |
| Constitution of the United States, the Constitution of Ohio, or | 59894 |
| any federal law is not subject to a tax on or measured by net | 59895 |
| income. | 59896 |
| (3) | 59897 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 59898 |
| income of the qualifying entity shall be increased by disallowing | 59899 |
| all amounts representing expenses, other than amounts described in | 59900 |
| division (A)(7) of this section, that the qualifying entity paid | 59901 |
| to or incurred with respect to direct or indirect transactions | 59902 |
| with one or more related members, excluding the cost of goods sold | 59903 |
| calculated in accordance with section 263A of the Internal Revenue | 59904 |
| Code and United States department of the treasury regulations | 59905 |
| issued thereunder. Nothing in division (A)(3) of this section | 59906 |
| shall be construed to limit solely to this chapter the application | 59907 |
| of section 263A of the Internal Revenue Code and United States | 59908 |
| department of the treasury regulations issued thereunder. | 59909 |
| (4) | 59910 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 59911 |
| income of the qualifying entity shall be increased by disallowing | 59912 |
| all recognized losses, other than losses from sales of inventory | 59913 |
| the cost of which is calculated in accordance with section 263A of | 59914 |
| the Internal Revenue Code and United States department of the | 59915 |
| treasury regulations issued thereunder, with respect to all direct | 59916 |
| or indirect
transactions with one or more related members. | 59917 |
| For the purposes of Chapters 5733. and 5747. of the Revised Code, | 59918 |
| losses from the sales of such inventory shall be allowed only to | 59919 |
| the extent calculated in accordance with section 482 of the | 59920 |
| Internal Revenue Code and United States department of the treasury | 59921 |
| regulations issued thereunder. Nothing in division (A)(4) of this | 59922 |
| section shall be construed to limit solely to this section the | 59923 |
| application of section 263A and section 482 of the Internal | 59924 |
| Revenue Code and United States department of the treasury | 59925 |
| regulations issued thereunder. | 59926 |
| (5) The sum shall be increased or decreased by an amount | 59927 |
| equal to the qualifying investor's or qualifying beneficiary's | 59928 |
| distributive or proportionate share of the amount that the | 59929 |
| qualifying entity would be required to add or deduct under | 59930 |
| divisions (A)(20) and (21) of section 5747.01 of the Revised Code | 59931 |
| if the qualifying entity were a taxpayer for the purposes of | 59932 |
| Chapter 5747. of the Revised Code. | 59933 |
| (6) The sum shall be computed without regard to section | 59934 |
| 5733.051 or division (D) of section 5733.052 of the Revised Code. | 59935 |
| (7) For the purposes of Chapters 5733. and 5747. of the | 59936 |
| Revised Code, guaranteed payments or compensation paid to | 59937 |
| investors by a qualifying entity that is not subject to the tax | 59938 |
| imposed by section 5733.06 of the Revised Code shall be considered | 59939 |
| a distributive share of income of the qualifying entity. Division | 59940 |
| (A)(7) of this section applies only to such payments or such | 59941 |
| compensation paid to an investor who at any time during the | 59942 |
| qualifying entity's taxable year holds at least a twenty per cent | 59943 |
| direct or indirect interest in the profits or capital of the | 59944 |
| qualifying entity. | 59945 |
| (B) "Apportionment fraction" means: | 59946 |
| (1) With respect to a qualifying pass-through entity other | 59947 |
| than a financial institution, the fraction calculated pursuant to | 59948 |
| division (B)(2) of section 5733.05 of the Revised Code as if the | 59949 |
| qualifying pass-through entity were a corporation subject to the | 59950 |
| tax imposed by section 5733.06 of the Revised Code; | 59951 |
| (2) With respect to a qualifying pass-through entity that is | 59952 |
| a financial institution, the fraction calculated pursuant to | 59953 |
| division (C) of section 5733.056 of the Revised Code as if the | 59954 |
| qualifying pass-through entity were a financial institution | 59955 |
| subject to the tax imposed by section 5733.06 of the Revised Code. | 59956 |
| (3) With respect to a qualifying trust, the fraction | 59957 |
| calculated pursuant to division (B)(2) of section 5733.05 of the | 59958 |
| Revised Code as if the qualifying trust were a corporation subject | 59959 |
| to the tax imposed by section 5733.06 of the Revised Code, except | 59960 |
| that the property, payroll, and sales fractions shall be | 59961 |
| calculated by including in the numerator and denominator of the | 59962 |
| fractions only the property, payroll, and sales, respectively, | 59963 |
| directly related to the production of income or gain from | 59964 |
| acquisition, ownership, use, maintenance, management, or | 59965 |
| disposition of tangible personal property located in this state at | 59966 |
| any time during the qualifying trust's qualifying taxable year or | 59967 |
| of real property located in this state. | 59968 |
| (C) "Qualifying beneficiary" means any individual that, | 59969 |
| during the qualifying taxable year of a qualifying trust, is a | 59970 |
| beneficiary of that trust, but does not include an individual who | 59971 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 59972 |
| Revised Code for the entire qualifying taxable year of the | 59973 |
| qualifying trust. | 59974 |
| (D) "Fiscal year" means an accounting period ending on any | 59975 |
| day other than the thirty-first day of December. | 59976 |
| (E) "Individual" means a natural person. | 59977 |
| (F) "Month" means a calendar month. | 59978 |
| (G) "Partnership" has the same meaning as in section 5747.01 | 59979 |
| of the Revised Code. | 59980 |
| (H) "Investor" means any person that, during any portion of a | 59981 |
| taxable year of a qualifying pass-through entity, is a partner, | 59982 |
| member, shareholder, or investor in that qualifying pass-through | 59983 |
| entity. | 59984 |
| (I) Except as otherwise provided in section 5733.402 or | 59985 |
| 5747.401 of the Revised Code, "qualifying investor" means any | 59986 |
| investor except those described in divisions (I)(1) to (9) of this | 59987 |
| section. | 59988 |
| (1) An investor satisfying one of the descriptions under | 59989 |
| section 501(a) or (c) of the Internal Revenue Code, a partnership | 59990 |
| with equity securities registered with the United States | 59991 |
| securities and exchange commission under section 12 of the | 59992 |
| "Securities Exchange Act of 1934," as amended, or an investor | 59993 |
| described in division (F) of section 3334.01, or division (A) or | 59994 |
| (C) of section 5733.09 of the Revised Code for the entire | 59995 |
| qualifying taxable year of the qualifying pass-through entity. | 59996 |
| (2) An investor who is either an individual or an estate and | 59997 |
| is a resident taxpayer for the purposes of section 5747.01 of the | 59998 |
| Revised Code for the entire qualifying taxable year of the | 59999 |
| qualifying pass-through entity. | 60000 |
| (3) An investor who is an individual for whom the qualifying | 60001 |
| pass-through entity makes a good faith and reasonable effort to | 60002 |
| comply fully and timely with the filing and payment requirements | 60003 |
| set forth in division (D) of section 5747.08 of the Revised Code | 60004 |
| and section 5747.09 of the Revised Code with respect to the | 60005 |
| individual's adjusted qualifying amount for the entire qualifying | 60006 |
| taxable year of the qualifying pass-through entity. | 60007 |
| (4) An investor that is another qualifying pass-through | 60008 |
| entity having only investors described in division (I)(1), (2), | 60009 |
| (3), or (6) of this section during the three-year period beginning | 60010 |
| twelve months prior to the first day of the qualifying taxable | 60011 |
| year of the qualifying pass-through entity. | 60012 |
| (5) An investor that is another pass-through entity having no | 60013 |
| investors other than individuals and estates during the qualifying | 60014 |
| taxable year of the qualifying pass-through entity in which it is | 60015 |
| an investor, and that makes a good faith and reasonable effort to | 60016 |
| comply fully and timely with the filing and payment requirements | 60017 |
| set forth in division (D) of section 5747.08 of the Revised Code | 60018 |
| and section 5747.09 of the Revised Code with respect to investors | 60019 |
| that are not resident taxpayers of this state for the purposes of | 60020 |
| Chapter 5747. of the Revised Code for the entire qualifying | 60021 |
| taxable year of the qualifying pass-through entity in which it is | 60022 |
| an investor. | 60023 |
| (6) An investor that is a financial institution required to | 60024 |
|
calculate the tax
in accordance with division | 60025 |
| 5733.06 of the Revised Code on the first day of January of the | 60026 |
| calendar year immediately following the last day of the financial | 60027 |
| institution's calendar or fiscal year in which ends the taxpayer's | 60028 |
| taxable year. | 60029 |
| (7) An investor other than an individual that satisfies all | 60030 |
| the following: | 60031 |
| (a) The investor submits a written statement to the | 60032 |
| qualifying pass-through entity stating that the investor | 60033 |
| irrevocably agrees that the investor has nexus with this state | 60034 |
| under the Constitution of the United States and is subject to and | 60035 |
| liable for the tax calculated under division (A) or (B) of section | 60036 |
| 5733.06 of the Revised Code with respect to the investor's | 60037 |
| adjusted qualifying amount for the entire qualifying taxable year | 60038 |
| of the qualifying pass-through entity. The statement is subject to | 60039 |
| the penalties of perjury, shall be retained by the qualifying | 60040 |
| pass-through entity for no fewer than seven years, and shall be | 60041 |
| delivered to the tax commissioner upon request. | 60042 |
| (b) The investor makes a good faith and reasonable effort to | 60043 |
| comply timely and fully with all the reporting and payment | 60044 |
| requirements set forth in Chapter 5733. of the Revised Code with | 60045 |
| respect to the investor's adjusted qualifying amount for the | 60046 |
| entire qualifying taxable year of the qualifying pass-through | 60047 |
| entity. | 60048 |
| (c) Neither the investor nor the qualifying pass-through | 60049 |
| entity in which it is an investor, before, during, or after the | 60050 |
| qualifying pass-through entity's qualifying taxable year, carries | 60051 |
| out any transaction or transactions with one or more related | 60052 |
| members of the investor or the qualifying pass-through entity | 60053 |
| resulting in a reduction or deferral of tax imposed by Chapter | 60054 |
| 5733. of the Revised Code with respect to all or any portion of | 60055 |
| the investor's adjusted qualifying amount for the qualifying | 60056 |
| pass-through entity's taxable year, or that constitute a sham, | 60057 |
| lack economic reality, or are part of a series of transactions the | 60058 |
| form of which constitutes a step transaction or transactions or | 60059 |
| does not reflect the substance of those transactions. | 60060 |
| (8) Any other investor that the tax commissioner may | 60061 |
| designate by rule. The tax commissioner may adopt rules including | 60062 |
| a rule defining "qualifying investor" or "qualifying beneficiary" | 60063 |
| and governing the imposition of the withholding tax imposed by | 60064 |
| section 5747.41 of the Revised Code with respect to an individual | 60065 |
| who is a resident taxpayer for the purposes of Chapter 5747. of | 60066 |
| the Revised Code for only a portion of the qualifying taxable year | 60067 |
| of the qualifying entity. | 60068 |
| (9) An investor that is a trust or fund the beneficiaries of | 60069 |
| which, during the qualifying taxable year of the qualifying | 60070 |
| pass-through entity, are limited to the following: | 60071 |
| (a) A person that is or may be the beneficiary of a trust | 60072 |
| subject to Subchapter D of Chapter 1 of Subtitle A of the Internal | 60073 |
| Revenue Code. | 60074 |
| (b) A person that is or may be the beneficiary of or the | 60075 |
| recipient of payments from a trust or fund that is a nuclear | 60076 |
| decommissioning reserve fund, a designated settlement fund, or any | 60077 |
| other trust or fund established to resolve and satisfy claims that | 60078 |
| may otherwise be asserted by the beneficiary or a member of the | 60079 |
| beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2) | 60080 |
| of the Internal Revenue Code apply to the determination of whether | 60081 |
| such a person satisfies division (I)(9) of this section. | 60082 |
| (c) A person who is or may be the beneficiary of a trust | 60083 |
| that, under its governing instrument, is not required to | 60084 |
| distribute all of its income currently. Division (I)(9)(c) of this | 60085 |
| section applies only if the trust, prior to the due date for | 60086 |
| filing the qualifying pass-through entity's return for taxes | 60087 |
| imposed by section 5733.41 and sections 5747.41 to 5747.453 of the | 60088 |
| Revised Code, irrevocably agrees in writing that for the taxable | 60089 |
| year during or for which the trust distributes any of its income | 60090 |
| to any of its beneficiaries, the trust is a qualifying trust and | 60091 |
| will pay the estimated tax, and will withhold and pay the withheld | 60092 |
| tax, as required under sections 5747.40 to 5747.453 of the Revised | 60093 |
| Code. | 60094 |
| For the purposes of division (I)(9) of this section, a trust | 60095 |
| or fund shall be considered to have a beneficiary other than | 60096 |
| persons described under divisions (I)(9)(a) to (c) of this section | 60097 |
| if a beneficiary would not qualify under those divisions under the | 60098 |
| doctrines of "economic reality," "sham transaction," "step | 60099 |
| doctrine," or "substance over form." A trust or fund described in | 60100 |
| division (I)(9) of this section bears the burden of establishing | 60101 |
| by a preponderance of the evidence that any transaction giving | 60102 |
| rise to the tax benefits provided under division (I)(9) of this | 60103 |
| section does not have as a principal purpose a claim of those tax | 60104 |
| benefits. Nothing in this section shall be construed to limit | 60105 |
| solely to this section the application of the doctrines referred | 60106 |
| to in this paragraph. | 60107 |
| (J) "Qualifying net gain" means any recognized net gain with | 60108 |
| respect to the acquisition, ownership, use, maintenance, | 60109 |
| management, or disposition of tangible personal property located | 60110 |
| in this state at any time during a trust's qualifying taxable year | 60111 |
| or real property located in this state. | 60112 |
| (K) "Qualifying net income" means any recognized income, net | 60113 |
| of related deductible expenses, other than distributions | 60114 |
| deductions with respect to the acquisition, ownership, use, | 60115 |
| maintenance, management, or disposition of tangible personal | 60116 |
| property located in this state at any time during the trust's | 60117 |
| qualifying taxable year or real property located in this state. | 60118 |
| (L) "Qualifying entity" means a qualifying pass-through | 60119 |
| entity or a qualifying trust. | 60120 |
| (M) "Qualifying trust" means a trust subject to subchapter J | 60121 |
| of the Internal Revenue Code that, during any portion of the | 60122 |
| trust's qualifying taxable year, has income or gain from the | 60123 |
| acquisition, management, ownership, use, or disposition of | 60124 |
| tangible personal property located in this state at any time | 60125 |
| during the trust's qualifying taxable year or real property | 60126 |
| located in this state. "Qualifying trust" does not include a | 60127 |
| person described in section 501(c) of the Internal Revenue Code or | 60128 |
| a person described in division (C) of section 5733.09 of the | 60129 |
| Revised Code. | 60130 |
| (N) "Qualifying pass-through entity" means a pass-through | 60131 |
| entity as defined in section 5733.04 of the Revised Code, | 60132 |
| excluding: a person described in section 501(c) of the Internal | 60133 |
|
Revenue Code | 60134 |
| with the United States securities and exchange commission under | 60135 |
|
section
12 of the Securities Exchange Act of 1934, as amended | 60136 |
| a person described in division (C) of section 5733.09 of the | 60137 |
| Revised Code. | 60138 |
| (O) "Quarter" means the first three months, the second three | 60139 |
| months, the third three months, or the last three months of a | 60140 |
| qualifying entity's qualifying taxable year. | 60141 |
| (P) "Related member" has the same meaning as in division | 60142 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 60143 |
| division (B) of that section. However, for the purposes of | 60144 |
| divisions (A)(3) and (4) of this section only, "related member" | 60145 |
| has the same meaning as in division (A)(6) of section 5733.042 of | 60146 |
| the Revised Code without regard to division (B) of that section, | 60147 |
| but shall be applied by substituting "forty per cent" for "twenty | 60148 |
| per cent" wherever "twenty per cent" appears in division (A) of | 60149 |
| that section. | 60150 |
| (Q) "Return" or "report" means the notifications and reports | 60151 |
| required to be filed pursuant to sections 5747.42 to 5747.45 of | 60152 |
| the Revised Code for the purpose of reporting the tax imposed | 60153 |
| under section 5733.41 or 5747.41 of the Revised Code, and included | 60154 |
| declarations of estimated tax when so required. | 60155 |
| (R) "Qualifying taxable year" means the calendar year or the | 60156 |
| qualifying entity's fiscal year ending during the calendar year, | 60157 |
| or fractional part thereof, for which the adjusted qualifying | 60158 |
| amount is calculated pursuant to sections 5733.40 and 5733.41 or | 60159 |
| sections 5747.40 to 5747.453 of the Revised Code. | 60160 |
| (S) "Distributive share" includes the sum of the income, | 60161 |
| gain, expense, or loss of a disregarded entity or qualified | 60162 |
| subchapter S subsidiary. | 60163 |
| Sec. 5733.41. The purpose of the tax imposed by this section | 60164 |
| is to complement and to reinforce the tax imposed under section | 60165 |
| 5733.06 of the Revised Code. | 60166 |
| For the same purposes for which the tax is levied under | 60167 |
| section 5733.06 of the Revised Code, there is hereby levied a tax | 60168 |
| on every qualifying pass-through entity having at least one | 60169 |
| qualifying investor that is not an individual. The tax imposed by | 60170 |
| this section is imposed on the sum of the adjusted qualifying | 60171 |
| amounts of the qualifying pass-through entity's qualifying | 60172 |
| investors that are not individuals at the
| 60173 |
| 60174 | |
| 60175 | |
| 60176 | |
| and eight-tenths per cent; in 2006, five and one-tenth per cent; | 60177 |
| in 2007, three and four-tenths per cent; in 2008, one and | 60178 |
| seven-tenths per cent; in 2009 and thereafter, zero per cent. | 60179 |
| The tax imposed by this section applies only if the | 60180 |
| qualifying entity has nexus with this state under the Constitution | 60181 |
| of the United States for any portion of the qualifying entity's | 60182 |
| qualifying taxable year, and the sum of the qualifying entity's | 60183 |
| adjusted qualifying amounts exceeds one thousand dollars for the | 60184 |
| qualifying entity's qualifying taxable year. This section does not | 60185 |
| apply to a pass-through entity if all of the partners, | 60186 |
| shareholders, members, or investors of the pass-through entity are | 60187 |
| taxpayers for the purposes of section 5733.04 of the Revised Code | 60188 |
| without regard to section 5733.09 of the Revised Code for the | 60189 |
| entire qualifying taxable year of the pass-through entity. | 60190 |
| If, prior to the due date of the return, a qualifying | 60191 |
| pass-through entity receives from an investor a written | 60192 |
| representation, under penalties of perjury, that the investor is | 60193 |
| described in division (I)(1), (2), (6), (7), (8), or (9) of | 60194 |
| section 5733.40 of the Revised Code for the qualifying | 60195 |
| pass-through entity's entire qualifying taxable year, the | 60196 |
| qualifying pass-through entity is not required to withhold or pay | 60197 |
| the taxes or estimated taxes imposed under this section or | 60198 |
| sections 5747.41 to 5747.453 of the Revised Code with respect to | 60199 |
| that investor for that qualifying taxable year, and is not subject | 60200 |
| to any interest or interest penalties for failure to withhold or | 60201 |
| pay those taxes or estimated taxes with respect to that investor | 60202 |
| for that qualifying taxable year. | 60203 |
| If, prior to the due date of the return, a qualifying trust | 60204 |
| receives from a beneficiary of that trust a written | 60205 |
| representation, under penalties of perjury, that the beneficiary | 60206 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 60207 |
| Revised Code for the qualifying trust's entire qualifying taxable | 60208 |
| year, the qualifying trust is not required to withhold or pay the | 60209 |
| taxes or estimated taxes imposed under this section or sections | 60210 |
| 5747.41 to 5747.453 of the Revised Code with respect to that | 60211 |
| beneficiary for that qualifying taxable year, and is not subject | 60212 |
| to any interest or interest penalties for failure to withhold or | 60213 |
| pay those taxes or estimated taxes with respect to that | 60214 |
| beneficiary for that qualifying taxable year. | 60215 |
| The tax commissioner may adopt rules for the purpose of the | 60216 |
| tax levied by this section or section 5747.41 of the Revised Code, | 60217 |
| including a rule defining "qualifying investor" or "qualifying | 60218 |
| beneficiary | 60219 |
| entity to combine its income with related members and to pay the | 60220 |
| tax and estimated tax on a combined basis. | 60221 |
| Sections 5747.10 to 5747.19 and 5747.42 to 5747.453 of the | 60222 |
| Revised Code apply to a qualifying entity subject to the tax | 60223 |
| imposed under this section. | 60224 |
| The levy of the tax under this section does not prevent a | 60225 |
| municipal corporation or a joint economic development district | 60226 |
| created under section 715.70 or 715.71 or sections 715.72 to | 60227 |
| 715.81 of the Revised Code from levying a tax on income. | 60228 |
| Sec. 5733.49. (A) Upon the issuance of a tax credit | 60229 |
| certificate by the Ohio venture capital authority under section | 60230 |
| 150.07 of the Revised Code, a credit may be claimed against the | 60231 |
| tax imposed by section 5733.06 of the Revised Code. The credit | 60232 |
| shall be claimed for the tax year specified in the certificate | 60233 |
| issued by the authority and in the order required under section | 60234 |
| 5733.98 of the Revised Code. | 60235 |
| (B) If the taxpayer elected a refundable credit under section | 60236 |
| 150.07 of the Revised Code and the amount of the credit shown on | 60237 |
| the certificate does not exceed the tax otherwise due under | 60238 |
| section 5733.06, 5733.065, and 5733.066 of the Revised Code after | 60239 |
| all nonrefundable credits are deducted, then the taxpayer shall | 60240 |
| claim a refundable credit equal to the amount of the credit shown | 60241 |
| on the certificate. | 60242 |
| (C) If the taxpayer elected a refundable credit under section | 60243 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 60244 |
| the certificate exceeds the tax otherwise due under sections | 60245 |
| 5733.06, 5733.065, and 5733.066 of the Revised Code after all | 60246 |
| nonrefundable credits | 60247 |
| 60248 | |
| 60249 | |
| 60250 | |
| 60251 | |
| 60252 | |
| 60253 | |
| the following: | 60254 |
| (1) The amount, if any, of the tax otherwise due under | 60255 |
| sections 5733.06, 5733.065, and 5733.066 of the Revised Code after | 60256 |
| all nonrefundable credits are deducted; | 60257 |
| (2) Seventy-five per cent of the difference between the | 60258 |
| amount of the refundable credit shown on the certificate and the | 60259 |
| tax otherwise due under sections 5733.06, 5733.065, and 5733.066 | 60260 |
| of the Revised Code after all nonrefundable credits are deducted. | 60261 |
| (D) If the taxpayer elected a nonrefundable credit and the | 60262 |
| credit to which the taxpayer would otherwise be entitled under | 60263 |
| this section for any tax year is greater than the tax otherwise | 60264 |
| due under sections 5733.06, 5733.065, and 5733.066 of the Revised | 60265 |
| Code, after allowing for any other credits that, under section | 60266 |
| 5733.98 of the Revised Code, precede the credit allowed under this | 60267 |
| section, the excess shall be allowed as a nonrefundable credit in | 60268 |
| each of the ensuing ten tax years, but the amount of any excess | 60269 |
| credit allowed in the ensuing tax year shall be deducted from the | 60270 |
| balance carried forward to the next tax year. | 60271 |
| Sec. 5739.01. As used in this chapter: | 60272 |
| (A) "Person" includes individuals, receivers, assignees, | 60273 |
| trustees in bankruptcy, estates, firms, partnerships, | 60274 |
| associations, joint-stock companies, joint ventures, clubs, | 60275 |
| societies, corporations, the state and its political subdivisions, | 60276 |
| and combinations of individuals of any form. | 60277 |
| (B) "Sale" and "selling" include all of the following | 60278 |
| transactions for a consideration in any manner, whether absolutely | 60279 |
| or conditionally, whether for a price or rental, in money or by | 60280 |
| exchange, and by any means whatsoever: | 60281 |
| (1) All transactions by which title or possession, or both, | 60282 |
| of tangible personal property, is or is to be transferred, or a | 60283 |
| license to use or consume tangible personal property is or is to | 60284 |
| be granted; | 60285 |
| (2) All transactions by which lodging by a hotel is or is to | 60286 |
| be furnished to transient guests; | 60287 |
| (3) All transactions by which: | 60288 |
| (a) An item of tangible personal property is or is to be | 60289 |
| repaired, except property, the purchase of which would not be | 60290 |
| subject to the tax imposed by section 5739.02 of the Revised Code; | 60291 |
| (b) An item of tangible personal property is or is to be | 60292 |
| installed, except property, the purchase of which would not be | 60293 |
| subject to the tax imposed by section 5739.02 of the Revised Code | 60294 |
| or property that is or is to be incorporated into and will become | 60295 |
| a part of a production, transmission, transportation, or | 60296 |
| distribution system for the delivery of a public utility service; | 60297 |
| (c) The service of washing, cleaning, waxing, polishing, or | 60298 |
| painting a motor vehicle is or is to be furnished; | 60299 |
| (d) Until August 1, 2003, industrial laundry cleaning | 60300 |
| services are or are to be provided and, on and after August 1, | 60301 |
| 2003, laundry and dry cleaning services are or are to be provided; | 60302 |
| (e) Automatic data processing, computer services, or | 60303 |
| electronic information services are or are to be provided for use | 60304 |
| in business when the true object of the transaction is the receipt | 60305 |
| by the consumer of automatic data processing, computer services, | 60306 |
| or electronic information services rather than the receipt of | 60307 |
| personal or professional services to which automatic data | 60308 |
| processing, computer services, or electronic information services | 60309 |
| are incidental or supplemental. Notwithstanding any other | 60310 |
| provision of this chapter, such transactions that occur between | 60311 |
| members of an affiliated group are not sales. An affiliated group | 60312 |
| means two or more persons related in such a way that one person | 60313 |
| owns or controls the business operation of another member of the | 60314 |
| group. In the case of corporations with stock, one corporation | 60315 |
| owns or controls another if it owns more than fifty per cent of | 60316 |
| the other corporation's common stock with voting rights. | 60317 |
| (f) Telecommunications service, other than mobile | 60318 |
| telecommunications service after July 31, 2002, is or is to be | 60319 |
| provided, but does not include transactions by which local | 60320 |
| telecommunications service is obtained from a coin-operated | 60321 |
| telephone and paid for by using coin; | 60322 |
| (g) Landscaping and lawn care service is or is to be | 60323 |
| provided; | 60324 |
| (h) Private investigation and security service is or is to be | 60325 |
| provided; | 60326 |
| (i) Information services or tangible personal property is | 60327 |
| provided or ordered by means of a nine hundred telephone call; | 60328 |
| (j) Building maintenance and janitorial service is or is to | 60329 |
| be provided; | 60330 |
| (k) Employment service is or is to be provided; | 60331 |
| (l) Employment placement service is or is to be provided; | 60332 |
| (m) Exterminating service is or is to be provided; | 60333 |
| (n) Physical fitness facility service is or is to be | 60334 |
| provided; | 60335 |
| (o) Recreation and sports club service is or is to be | 60336 |
| provided. | 60337 |
| (p) After July 31, 2002, mobile telecommunications service is | 60338 |
| or is to be provided when that service is sitused to this state | 60339 |
| pursuant to the "Mobile Telecommunications Sourcing Act," Pub. L. | 60340 |
| No. 106-252, 114 Stat. 626 to 632 (2000), 4 U.S.C.A. 116 to 126, | 60341 |
| as amended. | 60342 |
| (q) On and after August 1, 2003, satellite broadcasting | 60343 |
| service is or is to be provided; | 60344 |
| (r) On and after August 1, 2003, personal care service is or | 60345 |
| is to be provided to an individual. As used in this division, | 60346 |
| "personal care service" includes skin care, the application of | 60347 |
| cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 60348 |
| piercing, tanning, massage, and other similar services. "Personal | 60349 |
| care service" does not include a service provided by or on the | 60350 |
| order of a licensed physician or licensed chiropractor, or the | 60351 |
| cutting, coloring, or styling of an individual's hair. | 60352 |
| (s) On and after August 1, 2003, the transportation of | 60353 |
| persons by motor vehicle or aircraft is or is to be provided, when | 60354 |
| the transportation is entirely within this state, except for | 60355 |
| transportation provided by an ambulance service, by a transit bus, | 60356 |
| as defined in section 5735.01 of the Revised Code, and | 60357 |
| transportation provided by a citizen of the United States holding | 60358 |
| a certificate of public convenience and necessity issued under 49 | 60359 |
| U.S.C. 41102; | 60360 |
| (t) On and after August 1, 2003, motor vehicle towing service | 60361 |
| is or is to be provided. As used in this division, "motor vehicle | 60362 |
| towing service" means the towing or conveyance of a wrecked, | 60363 |
| disabled, or illegally parked motor vehicle. | 60364 |
| (u) On and after August 1, 2003, snow removal service is or | 60365 |
| is to be provided. As used in this division, "snow removal | 60366 |
| service" means the removal of snow by any mechanized means, but | 60367 |
| does not include the providing of such service by a person that | 60368 |
| has less than five thousand dollars in sales of such service | 60369 |
| during the calendar year. | 60370 |
| (4) All transactions by which printed, imprinted, | 60371 |
| overprinted, lithographic, multilithic, blueprinted, photostatic, | 60372 |
| or other productions or reproductions of written or graphic matter | 60373 |
| are or are to be furnished or transferred; | 60374 |
| (5) The production or fabrication of tangible personal | 60375 |
| property for a consideration for consumers who furnish either | 60376 |
| directly or indirectly the materials used in the production of | 60377 |
| fabrication work; and include the furnishing, preparing, or | 60378 |
| serving for a consideration of any tangible personal property | 60379 |
| consumed on the premises of the person furnishing, preparing, or | 60380 |
| serving such tangible personal property. Except as provided in | 60381 |
| section 5739.03 of the Revised Code, a construction contract | 60382 |
| pursuant to which tangible personal property is or is to be | 60383 |
| incorporated into a structure or improvement on and becoming a | 60384 |
| part of real property is not a sale of such tangible personal | 60385 |
| property. The construction contractor is the consumer of such | 60386 |
| tangible personal property, provided that the sale and | 60387 |
| installation of carpeting, the sale and installation of | 60388 |
| agricultural land tile, the sale and erection or installation of | 60389 |
| portable grain bins, or the provision of landscaping and lawn care | 60390 |
| service and the transfer of property as part of such service is | 60391 |
| never a construction contract. | 60392 |
| As used in division (B)(5) of this section: | 60393 |
| (a) "Agricultural land tile" means fired clay or concrete | 60394 |
| tile, or flexible or rigid perforated plastic pipe or tubing, | 60395 |
| incorporated or to be incorporated into a subsurface drainage | 60396 |
| system appurtenant to land used or to be used directly in | 60397 |
| production by farming, agriculture, horticulture, or floriculture. | 60398 |
| The term does not include such materials when they are or are to | 60399 |
| be incorporated into a drainage system appurtenant to a building | 60400 |
| or structure even if the building or structure is used or to be | 60401 |
| used in such production. | 60402 |
| (b) "Portable grain bin" means a structure that is used or to | 60403 |
| be used by a person engaged in farming or agriculture to shelter | 60404 |
| the person's grain and that is designed to be disassembled without | 60405 |
| significant damage to its component parts. | 60406 |
| (6) All transactions in which all of the shares of stock of a | 60407 |
| closely held corporation are transferred, if the corporation is | 60408 |
| not engaging in business and its entire assets consist of boats, | 60409 |
| planes, motor vehicles, or other tangible personal property | 60410 |
| operated primarily for the use and enjoyment of the shareholders; | 60411 |
| (7) All transactions in which a warranty, maintenance or | 60412 |
| service contract, or similar agreement by which the vendor of the | 60413 |
| warranty, contract, or agreement agrees to repair or maintain the | 60414 |
| tangible personal property of the consumer is or is to be | 60415 |
| provided; | 60416 |
| (8) | 60417 |
| used solely for advertising purposes, except that the transfer of | 60418 |
| such films for exhibition purposes is not a sale. | 60419 |
| (9) On and after August 1, 2003, all transactions by which | 60420 |
| tangible personal property is or is to be stored, except such | 60421 |
| property that the consumer of the storage holds for sale in the | 60422 |
| regular course of business. | 60423 |
| Except | 60424 |
| "selling" do not include transfers of interest in leased property | 60425 |
| where the original lessee and the terms of the original lease | 60426 |
| agreement remain unchanged, or professional, insurance, or | 60427 |
| personal service transactions that involve the transfer of | 60428 |
| tangible personal property as an inconsequential element, for | 60429 |
| which no separate charges are made. | 60430 |
| (C) "Vendor" means the person providing the service or by | 60431 |
| whom the transfer effected or license given by a sale is or is to | 60432 |
| be made or given and, for sales described in division (B)(3)(i) of | 60433 |
| this section, the telecommunications service vendor that provides | 60434 |
| the nine hundred telephone service; if two or more persons are | 60435 |
| engaged in business at the same place of business under a single | 60436 |
| trade name in which all collections on account of sales by each | 60437 |
| are made, such persons shall constitute a single vendor. | 60438 |
| Physicians, dentists, hospitals, and veterinarians who are | 60439 |
| engaged in selling tangible personal property as received from | 60440 |
| others, such as eyeglasses, mouthwashes, dentifrices, or similar | 60441 |
| articles, are vendors. Veterinarians who are engaged in | 60442 |
| transferring to others for a consideration drugs, the dispensing | 60443 |
| of which does not require an order of a licensed veterinarian or | 60444 |
| physician under federal law, are vendors. | 60445 |
| (D)(1) "Consumer" means the person for whom the service is | 60446 |
| provided, to whom the transfer effected or license given by a sale | 60447 |
| is or is to be made or given, to whom the service described in | 60448 |
| division (B)(3)(f) or (i) of this section is charged, or to whom | 60449 |
| the admission is granted. | 60450 |
| (2) Physicians, dentists, hospitals, and blood banks operated | 60451 |
| by nonprofit institutions and persons licensed to practice | 60452 |
| veterinary medicine, surgery, and dentistry are consumers of all | 60453 |
| tangible personal property and services purchased by them in | 60454 |
| connection with the practice of medicine, dentistry, the rendition | 60455 |
| of hospital or blood bank service, or the practice of veterinary | 60456 |
| medicine, surgery, and dentistry. In addition to being consumers | 60457 |
| of drugs administered by them or by their assistants according to | 60458 |
| their direction, veterinarians also are consumers of drugs that | 60459 |
| under federal law may be dispensed only by or upon the order of a | 60460 |
| licensed veterinarian or physician, when transferred by them to | 60461 |
| others for a consideration to provide treatment to animals as | 60462 |
| directed by the veterinarian. | 60463 |
| (3) A person who performs a facility management, or similar | 60464 |
| service contract for a contractee is a consumer of all tangible | 60465 |
| personal property and services purchased for use in connection | 60466 |
| with the performance of such contract, regardless of whether title | 60467 |
| to any such property vests in the contractee. The purchase of such | 60468 |
| property and services is not subject to the exception for resale | 60469 |
| under division (E)(1) of this section. | 60470 |
| (4)(a) In the case of a person who purchases printed matter | 60471 |
| for the purpose of distributing it or having it distributed to the | 60472 |
| public or to a designated segment of the public, free of charge, | 60473 |
| that person is the consumer of that printed matter, and the | 60474 |
| purchase of that printed matter for that purpose is a sale. | 60475 |
| (b) In the case of a person who produces, rather than | 60476 |
| purchases, printed matter for the purpose of distributing it or | 60477 |
| having it distributed to the public or to a designated segment of | 60478 |
| the public, free of charge, that person is the consumer of all | 60479 |
| tangible personal property and services purchased for use or | 60480 |
| consumption in the production of that printed matter. That person | 60481 |
| is not entitled to claim exemption under division (B)(43)(f) of | 60482 |
| section 5739.02 of the Revised Code for any material incorporated | 60483 |
| into the printed matter or any equipment, supplies, or services | 60484 |
| primarily used to produce the printed matter. | 60485 |
| (c) The distribution of printed matter to the public or to a | 60486 |
| designated segment of the public, free of charge, is not a sale to | 60487 |
| the members of the public to whom the printed matter is | 60488 |
| distributed or to any persons who purchase space in the printed | 60489 |
| matter for advertising or other purposes. | 60490 |
| (5) A person who makes sales of any of the services listed in | 60491 |
| division (B)(3) of this section is the consumer of any tangible | 60492 |
| personal property used in performing the service. The purchase of | 60493 |
| that property is not subject to the resale exception under | 60494 |
| division (E)(1) of this section. | 60495 |
| (6) A person who engages in highway transportation for hire | 60496 |
| is the consumer of all packaging materials purchased by that | 60497 |
| person and used in performing the service, except for packaging | 60498 |
| materials sold by such person in a transaction separate from the | 60499 |
| service. | 60500 |
| (E) "Retail sale" and "sales at retail" include all sales, | 60501 |
| except those in which the purpose of the consumer is to resell the | 60502 |
| thing transferred or benefit of the service provided, by a person | 60503 |
| engaging in business, in the form in which the same is, or is to | 60504 |
| be, received by the person. | 60505 |
| (F) "Business" includes any activity engaged in by any person | 60506 |
| with the object of gain, benefit, or advantage, either direct or | 60507 |
| indirect. "Business" does not include the activity of a person in | 60508 |
| managing and investing the person's own funds. | 60509 |
| (G) "Engaging in business" means commencing, conducting, or | 60510 |
| continuing in business, and liquidating a business when the | 60511 |
| liquidator thereof holds itself out to the public as conducting | 60512 |
| such business. Making a casual sale is not engaging in business. | 60513 |
| (H)(1)(a) "Price," except as provided in divisions (H)(2) and | 60514 |
| (3) of this section, means the total amount of consideration, | 60515 |
| including cash, credit, property, and services, for which tangible | 60516 |
| personal property or services are sold, leased, or rented, valued | 60517 |
| in money, whether received in money or otherwise, without any | 60518 |
| deduction for any of the following: | 60519 |
| (i) The vendor's cost of the property sold; | 60520 |
| (ii) The cost of materials used, labor or service costs, | 60521 |
| interest, losses, all costs of transportation to the vendor, all | 60522 |
| taxes imposed on the vendor, including the tax imposed under | 60523 |
| Chapter 5751. of the Revised Code, and any other expense of the | 60524 |
| vendor; | 60525 |
| (iii) Charges by the vendor for any services necessary to | 60526 |
| complete the sale; | 60527 |
| (iv) On and after August 1, 2003, delivery charges. As used | 60528 |
| in this division, "delivery charges" means charges by the vendor | 60529 |
| for preparation and delivery to a location designated by the | 60530 |
| consumer of tangible personal property or a service, including | 60531 |
| transportation, shipping, postage, handling, crating, and packing. | 60532 |
| (v) Installation charges; | 60533 |
| (vi) The value of exempt tangible personal property given to | 60534 |
| the consumer where taxable and exempt tangible personal property | 60535 |
| have been bundled together and sold by the vendor as a single | 60536 |
| product or piece of merchandise. | 60537 |
| (b) "Price" does not include any of the following: | 60538 |
| (i) Discounts, including cash, term, or coupons that are not | 60539 |
| reimbursed by a third party that are allowed by a vendor and taken | 60540 |
| by a consumer on a sale; | 60541 |
| (ii) Interest, financing, and carrying charges from credit | 60542 |
| extended on the sale of tangible personal property or services, if | 60543 |
| the amount is separately stated on the invoice, bill of sale, or | 60544 |
| similar document given to the purchaser; | 60545 |
| (iii) Any taxes legally imposed directly on the consumer that | 60546 |
| are separately stated on the invoice, bill of sale, or similar | 60547 |
| document given to the consumer. For the purpose of this division, | 60548 |
| the tax imposed under Chapter 5751. of the Revised Code is not a | 60549 |
| tax directly on the consumer even if the tax or a portion thereof | 60550 |
| is separately stated. | 60551 |
| (2) In the case of a sale of any new motor vehicle by a new | 60552 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 60553 |
| Code, in which another motor vehicle is accepted by the dealer as | 60554 |
| part of the consideration received, "price" has the same meaning | 60555 |
| as in division (H)(1) of this section, reduced by the credit | 60556 |
| afforded the consumer by the dealer for the motor vehicle received | 60557 |
| in trade. | 60558 |
| (3) In the case of a sale of any watercraft or outboard motor | 60559 |
| by a watercraft dealer licensed in accordance with section | 60560 |
| 1547.543 of the Revised Code, in which another watercraft, | 60561 |
| watercraft and trailer, or outboard motor is accepted by the | 60562 |
| dealer as part of the consideration received, "price" has the same | 60563 |
| meaning as in division (H)(1) of this section, reduced by the | 60564 |
| credit afforded the consumer by the dealer for the watercraft, | 60565 |
| watercraft and trailer, or outboard motor received in trade. As | 60566 |
| used in this division, "watercraft" includes an outdrive unit | 60567 |
| attached to the watercraft. | 60568 |
| (4) In the case of a transaction in which telecommunications | 60569 |
| service, mobile telecommunications service, or cable television | 60570 |
| service is sold in a bundled transaction with other distinct | 60571 |
| services for a single price that is not itemized, the entire price | 60572 |
| is subject to the taxes levied under sections 5739.02, 5739.021, | 60573 |
| 5739.023, and 5739.026 of the Revised Code, unless the vendor can | 60574 |
| reasonably identify the nontaxable portion from its books and | 60575 |
| records kept in the regular course of business. Upon the request | 60576 |
| of the consumer, the vendor shall disclose to the consumer the | 60577 |
| selling price for the taxable services included in the selling | 60578 |
| price for the taxable and nontaxable services billed on an | 60579 |
| aggregated basis. The burden of proving any nontaxable charges is | 60580 |
| on the vendor. | 60581 |
| (I) "Receipts" means the total amount of the prices of the | 60582 |
| sales of vendors, provided that cash discounts allowed and taken | 60583 |
| on sales at the time they are consummated are not included, minus | 60584 |
| any amount deducted as a bad debt pursuant to section 5739.121 of | 60585 |
| the Revised Code. "Receipts" does not include the sale price of | 60586 |
| property returned or services rejected by consumers when the full | 60587 |
| sale price and tax are refunded either in cash or by credit. | 60588 |
| (J) "Place of business" means any location at which a person | 60589 |
| engages in business. | 60590 |
| (K) "Premises" includes any real property or portion thereof | 60591 |
| upon which any person engages in selling tangible personal | 60592 |
| property at retail or making retail sales and also includes any | 60593 |
| real property or portion thereof designated for, or devoted to, | 60594 |
| use in conjunction with the business engaged in by such person. | 60595 |
| (L) "Casual sale" means a sale of an item of tangible | 60596 |
| personal property that was obtained by the person making the sale, | 60597 |
| through purchase or otherwise, for the person's own use and was | 60598 |
| previously subject to any state's taxing jurisdiction on its sale | 60599 |
| or use, and includes such items acquired for the seller's use that | 60600 |
| are sold by an auctioneer employed directly by the person for such | 60601 |
| purpose, provided the location of such sales is not the | 60602 |
| auctioneer's permanent place of business. As used in this | 60603 |
| division, "permanent place of business" includes any location | 60604 |
| where such auctioneer has conducted more than two auctions during | 60605 |
| the year. | 60606 |
| (M) "Hotel" means every establishment kept, used, maintained, | 60607 |
| advertised, or held out to the public to be a place where sleeping | 60608 |
| accommodations are offered to guests, in which five or more rooms | 60609 |
| are used for the accommodation of such guests, whether the rooms | 60610 |
| are in one or several structures. | 60611 |
| (N) "Transient guests" means persons occupying a room or | 60612 |
| rooms for sleeping accommodations for less than thirty consecutive | 60613 |
| days. | 60614 |
| (O) "Making retail sales" means the effecting of transactions | 60615 |
| wherein one party is obligated to pay the price and the other | 60616 |
| party is obligated to provide a service or to transfer title to or | 60617 |
| possession of the item sold. "Making retail sales" does not | 60618 |
| include the preliminary acts of promoting or soliciting the retail | 60619 |
| sales, other than the distribution of printed matter which | 60620 |
| displays or describes and prices the item offered for sale, nor | 60621 |
| does it include delivery of a predetermined quantity of tangible | 60622 |
| personal property or transportation of property or personnel to or | 60623 |
| from a place where a service is performed, regardless of whether | 60624 |
| the vendor is a delivery vendor. | 60625 |
| (P) "Used directly in the rendition of a public utility | 60626 |
| service" means that property that is to be incorporated into and | 60627 |
| will become a part of the consumer's production, transmission, | 60628 |
| transportation, or distribution system and that retains its | 60629 |
| classification as tangible personal property after such | 60630 |
| incorporation; fuel or power used in the production, transmission, | 60631 |
| transportation, or distribution system; and tangible personal | 60632 |
| property used in the repair and maintenance of the production, | 60633 |
| transmission, transportation, or distribution system, including | 60634 |
| only such motor vehicles as are specially designed and equipped | 60635 |
| for such use. Tangible personal property and services used | 60636 |
| primarily in providing highway transportation for hire are not | 60637 |
| used directly in the rendition of a public utility service. | 60638 |
| (Q) "Refining" means removing or separating a desirable | 60639 |
| product from raw or contaminated materials by distillation or | 60640 |
| physical, mechanical, or chemical processes. | 60641 |
| (R) "Assembly" and "assembling" mean attaching or fitting | 60642 |
| together parts to form a product, but do not include packaging a | 60643 |
| product. | 60644 |
| (S) "Manufacturing operation" means a process in which | 60645 |
| materials are changed, converted, or transformed into a different | 60646 |
| state or form from which they previously existed and includes | 60647 |
| refining materials, assembling parts, and preparing raw materials | 60648 |
| and parts by mixing, measuring, blending, or otherwise committing | 60649 |
| such materials or parts to the manufacturing process. | 60650 |
| "Manufacturing operation" does not include packaging. | 60651 |
| (T) "Fiscal officer" means, with respect to a regional | 60652 |
| transit authority, the secretary-treasurer thereof, and with | 60653 |
| respect to a county that is a transit authority, the fiscal | 60654 |
| officer of the county transit board if one is appointed pursuant | 60655 |
| to section 306.03 of the Revised Code or the county auditor if the | 60656 |
| board of county commissioners operates the county transit system. | 60657 |
| (U) "Transit authority" means a regional transit authority | 60658 |
| created pursuant to section 306.31 of the Revised Code or a county | 60659 |
| in which a county transit system is created pursuant to section | 60660 |
| 306.01 of the Revised Code. For the purposes of this chapter, a | 60661 |
| transit authority must extend to at least the entire area of a | 60662 |
| single county. A transit authority that includes territory in more | 60663 |
| than one county must include all the area of the most populous | 60664 |
| county that is a part of such transit authority. County population | 60665 |
| shall be measured by the most recent census taken by the United | 60666 |
| States census bureau. | 60667 |
| (V) "Legislative authority" means, with respect to a regional | 60668 |
| transit authority, the board of trustees thereof, and with respect | 60669 |
| to a county that is a transit authority, the board of county | 60670 |
| commissioners. | 60671 |
| (W) "Territory of the transit authority" means all of the | 60672 |
| area included within the territorial boundaries of a transit | 60673 |
| authority as they from time to time exist. Such territorial | 60674 |
| boundaries must at all times include all the area of a single | 60675 |
| county or all the area of the most populous county that is a part | 60676 |
| of such transit authority. County population shall be measured by | 60677 |
| the most recent census taken by the United States census bureau. | 60678 |
| (X) "Providing a service" means providing or furnishing | 60679 |
| anything described in division (B)(3) of this section for | 60680 |
| consideration. | 60681 |
| (Y)(1)(a) "Automatic data processing" means processing of | 60682 |
| others' data, including keypunching or similar data entry services | 60683 |
| together with verification thereof, or providing access to | 60684 |
| computer equipment for the purpose of processing data. | 60685 |
| (b) "Computer services" means providing services consisting | 60686 |
| of specifying computer hardware configurations and evaluating | 60687 |
| technical processing characteristics, computer programming, and | 60688 |
| training of computer programmers and operators, provided in | 60689 |
| conjunction with and to support the sale, lease, or operation of | 60690 |
| taxable computer equipment or systems. | 60691 |
| (c) "Electronic information services" means providing access | 60692 |
| to computer equipment by means of telecommunications equipment for | 60693 |
| the purpose of either of the following: | 60694 |
| (i) Examining or acquiring data stored in or accessible to | 60695 |
| the computer equipment; | 60696 |
| (ii) Placing data into the computer equipment to be retrieved | 60697 |
| by designated recipients with access to the computer equipment. | 60698 |
| (d) "Automatic data processing, computer services, or | 60699 |
| electronic information services" shall not include personal or | 60700 |
| professional services. | 60701 |
| (2) As used in divisions (B)(3)(e) and (Y)(1) of this | 60702 |
| section, "personal and professional services" means all services | 60703 |
| other than automatic data processing, computer services, or | 60704 |
| electronic information services, including but not limited to: | 60705 |
| (a) Accounting and legal services such as advice on tax | 60706 |
| matters, asset management, budgetary matters, quality control, | 60707 |
| information security, and auditing and any other situation where | 60708 |
| the service provider receives data or information and studies, | 60709 |
| alters, analyzes, interprets, or adjusts such material; | 60710 |
| (b) Analyzing business policies and procedures; | 60711 |
| (c) Identifying management information needs; | 60712 |
| (d) Feasibility studies, including economic and technical | 60713 |
| analysis of existing or potential computer hardware or software | 60714 |
| needs and alternatives; | 60715 |
| (e) Designing policies, procedures, and custom software for | 60716 |
| collecting business information, and determining how data should | 60717 |
| be summarized, sequenced, formatted, processed, controlled, and | 60718 |
| reported so that it will be meaningful to management; | 60719 |
| (f) Developing policies and procedures that document how | 60720 |
| business events and transactions are to be authorized, executed, | 60721 |
| and controlled; | 60722 |
| (g) Testing of business procedures; | 60723 |
| (h) Training personnel in business procedure applications; | 60724 |
| (i) Providing credit information to users of such information | 60725 |
| by a consumer reporting agency, as defined in the "Fair Credit | 60726 |
| Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 60727 |
| as hereafter amended, including but not limited to gathering, | 60728 |
| organizing, analyzing, recording, and furnishing such information | 60729 |
| by any oral, written, graphic, or electronic medium; | 60730 |
| (j) Providing debt collection services by any oral, written, | 60731 |
| graphic, or electronic means. | 60732 |
| The services listed in divisions (Y)(2)(a) to (j) of this | 60733 |
| section are not automatic data processing or computer services. | 60734 |
| (Z) "Highway transportation for hire" means the | 60735 |
| transportation of personal property belonging to others for | 60736 |
| consideration by any of the following: | 60737 |
| (1) The holder of a permit or certificate issued by this | 60738 |
| state or the United States authorizing the holder to engage in | 60739 |
| transportation of personal property belonging to others for | 60740 |
| consideration over or on highways, roadways, streets, or any | 60741 |
| similar public thoroughfare; | 60742 |
| (2) A person who engages in the transportation of personal | 60743 |
| property belonging to others for consideration over or on | 60744 |
| highways, roadways, streets, or any similar public thoroughfare | 60745 |
| but who could not have engaged in such transportation on December | 60746 |
| 11, 1985, unless the person was the holder of a permit or | 60747 |
| certificate of the types described in division (Z)(1) of this | 60748 |
| section; | 60749 |
| (3) A person who leases a motor vehicle to and operates it | 60750 |
| for a person described by division (Z)(1) or (2) of this section. | 60751 |
| (AA) "Telecommunications service" means the transmission of | 60752 |
| any interactive, two-way electromagnetic communications, including | 60753 |
| voice, image, data, and information, through the use of any medium | 60754 |
| such as wires, cables, microwaves, cellular radio, radio waves, | 60755 |
| light waves, or any combination of those or similar media. | 60756 |
| "Telecommunications service" includes message toll service even | 60757 |
| though the vendor provides the message toll service by means of | 60758 |
| wide area transmission type service or private communications | 60759 |
| service purchased from another telecommunications service | 60760 |
| provider, and other related fees and ancillary services, including | 60761 |
| universal service fees, detailed billing service, directory | 60762 |
| assistance, service initiation, voice mail service, and vertical | 60763 |
| services, such as caller ID and three-way calling. | 60764 |
| "Telecommunications service" does not include any of the | 60765 |
| following: | 60766 |
| (1) Sales of telecommunications service billed to persons | 60767 |
| before January 1, 2004, by telephone companies subject to the | 60768 |
| excise tax imposed by Chapter 5727. of the Revised Code; | 60769 |
| (2) Sales of telecommunications service to a provider of | 60770 |
| telecommunications service or of mobile telecommunications | 60771 |
| service, including access services, for use in providing | 60772 |
| telecommunications service or mobile telecommunications service; | 60773 |
| (3) Value-added nonvoice services in which computer | 60774 |
| processing applications are used to act on the form, content, | 60775 |
| code, or protocol of the information to be transmitted; | 60776 |
| (4) Transmission of interactive video programming by a cable | 60777 |
| television system as defined in section 505.90 of the Revised | 60778 |
| Code; | 60779 |
| (5) After July 31, 2002, mobile telecommunications service. | 60780 |
| (BB) "Laundry and dry cleaning services" means removing soil | 60781 |
| or dirt from towels, linens, articles of clothing, or other fabric | 60782 |
| items that belong to others and supplying towels, linens, articles | 60783 |
| of clothing, or other fabric items. "Laundry and dry cleaning | 60784 |
| services" does not include the provision of self-service | 60785 |
| facilities for use by consumers to remove soil or dirt from | 60786 |
| towels, linens, articles of clothing, or other fabric items. | 60787 |
| (CC) "Magazines distributed as controlled circulation | 60788 |
| publications" means magazines containing at least twenty-four | 60789 |
| pages, at least twenty-five per cent editorial content, issued at | 60790 |
| regular intervals four or more times a year, and circulated | 60791 |
| without charge to the recipient, provided that such magazines are | 60792 |
| not owned or controlled by individuals or business concerns which | 60793 |
| conduct such publications as an auxiliary to, and essentially for | 60794 |
| the advancement of the main business or calling of, those who own | 60795 |
| or control them. | 60796 |
| (DD) "Landscaping and lawn care service" means the services | 60797 |
| of planting, seeding, sodding, removing, cutting, trimming, | 60798 |
| pruning, mulching, aerating, applying chemicals, watering, | 60799 |
| fertilizing, and providing similar services to establish, promote, | 60800 |
| or control the growth of trees, shrubs, flowers, grass, ground | 60801 |
| cover, and other flora, or otherwise maintaining a lawn or | 60802 |
| landscape grown or maintained by the owner for ornamentation or | 60803 |
| other nonagricultural purpose. However, "landscaping and lawn care | 60804 |
| service" does not include the providing of such services by a | 60805 |
| person who has less than five thousand dollars in sales of such | 60806 |
| services during the calendar year. | 60807 |
| (EE) "Private investigation and security service" means the | 60808 |
| performance of any activity for which the provider of such service | 60809 |
| is required to be licensed pursuant to Chapter 4749. of the | 60810 |
| Revised Code, or would be required to be so licensed in performing | 60811 |
| such services in this state, and also includes the services of | 60812 |
| conducting polygraph examinations and of monitoring or overseeing | 60813 |
| the activities on or in, or the condition of, the consumer's home, | 60814 |
| business, or other facility by means of electronic or similar | 60815 |
| monitoring devices. "Private investigation and security service" | 60816 |
| does not include special duty services provided by off-duty police | 60817 |
| officers, deputy sheriffs, and other peace officers regularly | 60818 |
| employed by the state or a political subdivision. | 60819 |
| (FF) "Information services" means providing conversation, | 60820 |
| giving consultation or advice, playing or making a voice or other | 60821 |
| recording, making or keeping a record of the number of callers, | 60822 |
| and any other service provided to a consumer by means of a nine | 60823 |
| hundred telephone call, except when the nine hundred telephone | 60824 |
| call is the means by which the consumer makes a contribution to a | 60825 |
| recognized charity. | 60826 |
| (GG) "Research and development" means designing, creating, or | 60827 |
| formulating new or enhanced products, equipment, or manufacturing | 60828 |
| processes, and also means conducting scientific or technological | 60829 |
| inquiry and experimentation in the physical sciences with the goal | 60830 |
| of increasing scientific knowledge which may reveal the bases for | 60831 |
| new or enhanced products, equipment, or manufacturing processes. | 60832 |
| (HH) "Qualified research and development equipment" means | 60833 |
| capitalized tangible personal property, and leased personal | 60834 |
| property that would be capitalized if purchased, used by a person | 60835 |
| primarily to perform research and development. Tangible personal | 60836 |
| property primarily used in testing, as defined in division (A)(4) | 60837 |
| of section 5739.011 of the Revised Code, or used for recording or | 60838 |
| storing test results, is not qualified research and development | 60839 |
| equipment unless such property is primarily used by the consumer | 60840 |
| in testing the product, equipment, or manufacturing process being | 60841 |
| created, designed, or formulated by the consumer in the research | 60842 |
| and development activity or in recording or storing such test | 60843 |
| results. | 60844 |
| (II) "Building maintenance and janitorial service" means | 60845 |
| cleaning the interior or exterior of a building and any tangible | 60846 |
| personal property located therein or thereon, including any | 60847 |
| services incidental to such cleaning for which no separate charge | 60848 |
| is made. However, "building maintenance and janitorial service" | 60849 |
| does not include the providing of such service by a person who has | 60850 |
| less than five thousand dollars in sales of such service during | 60851 |
| the calendar year. | 60852 |
| (JJ) "Employment service" means providing or supplying | 60853 |
| personnel, on a temporary or long-term basis, to perform work or | 60854 |
| labor under the supervision or control of another, when the | 60855 |
| personnel so supplied receive their wages, salary, or other | 60856 |
| compensation from the provider of the service. "Employment | 60857 |
| service" does not include: | 60858 |
| (1) Acting as a contractor or subcontractor, where the | 60859 |
| personnel performing the work are not under the direct control of | 60860 |
| the purchaser. | 60861 |
| (2) Medical and health care services. | 60862 |
| (3) Supplying personnel to a purchaser pursuant to a contract | 60863 |
| of at least one year between the service provider and the | 60864 |
| purchaser that specifies that each employee covered under the | 60865 |
| contract is assigned to the purchaser on a permanent basis. | 60866 |
| (4) Transactions between members of an affiliated group, as | 60867 |
| defined in division (B)(3)(e) of this section. | 60868 |
| (KK) "Employment placement service" means locating or finding | 60869 |
| employment for a person or finding or locating an employee to fill | 60870 |
| an available position. | 60871 |
| (LL) "Exterminating service" means eradicating or attempting | 60872 |
| to eradicate vermin infestations from a building or structure, or | 60873 |
| the area surrounding a building or structure, and includes | 60874 |
| activities to inspect, detect, or prevent vermin infestation of a | 60875 |
| building or structure. | 60876 |
| (MM) "Physical fitness facility service" means all | 60877 |
| transactions by which a membership is granted, maintained, or | 60878 |
| renewed, including initiation fees, membership dues, renewal fees, | 60879 |
| monthly minimum fees, and other similar fees and dues, by a | 60880 |
| physical fitness facility such as an athletic club, health spa, or | 60881 |
| gymnasium, which entitles the member to use the facility for | 60882 |
| physical exercise. | 60883 |
| (NN) "Recreation and sports club service" means all | 60884 |
| transactions by which a membership is granted, maintained, or | 60885 |
| renewed, including initiation fees, membership dues, renewal fees, | 60886 |
| monthly minimum fees, and other similar fees and dues, by a | 60887 |
| recreation and sports club, which entitles the member to use the | 60888 |
| facilities of the organization. "Recreation and sports club" means | 60889 |
| an organization that has ownership of, or controls or leases on a | 60890 |
| continuing, long-term basis, the facilities used by its members | 60891 |
| and includes an aviation club, gun or shooting club, yacht club, | 60892 |
| card club, swimming club, tennis club, golf club, country club, | 60893 |
| riding club, amateur sports club, or similar organization. | 60894 |
| (OO) "Livestock" means farm animals commonly raised for food | 60895 |
| or food production, and includes but is not limited to cattle, | 60896 |
| sheep, goats, swine, and poultry. "Livestock" does not include | 60897 |
| invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 60898 |
| animals for use in laboratories or for exhibition, or other | 60899 |
| animals not commonly raised for food or food production. | 60900 |
| (PP) "Livestock structure" means a building or structure used | 60901 |
| exclusively for the housing, raising, feeding, or sheltering of | 60902 |
| livestock, and includes feed storage or handling structures and | 60903 |
| structures for livestock waste handling. | 60904 |
| (QQ) "Horticulture" means the growing, cultivation, and | 60905 |
| production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 60906 |
| and nursery stock. As used in this division, "nursery stock" has | 60907 |
| the same meaning as in section 927.51 of the Revised Code. | 60908 |
| (RR) "Horticulture structure" means a building or structure | 60909 |
| used exclusively for the commercial growing, raising, or | 60910 |
| overwintering of horticultural products, and includes the area | 60911 |
| used for stocking, storing, and packing horticultural products | 60912 |
| when done in conjunction with the production of those products. | 60913 |
| (SS) "Newspaper" means an unbound publication bearing a title | 60914 |
| or name that is regularly published, at least as frequently as | 60915 |
| biweekly, and distributed from a fixed place of business to the | 60916 |
| public in a specific geographic area, and that contains a | 60917 |
| substantial amount of news matter of international, national, or | 60918 |
| local events of interest to the general public. | 60919 |
| (TT) "Professional racing team" means a person that employs | 60920 |
| at least twenty full-time employees for the purpose of conducting | 60921 |
| a motor vehicle racing business for profit. The person must | 60922 |
| conduct the business with the purpose of racing one or more motor | 60923 |
| racing vehicles in at least ten competitive professional racing | 60924 |
| events each year that comprise all or part of a motor racing | 60925 |
| series sanctioned by one or more motor racing sanctioning | 60926 |
| organizations. A "motor racing vehicle" means a vehicle for which | 60927 |
| the chassis, engine, and parts are designed exclusively for motor | 60928 |
| racing, and does not include a stock or production model vehicle | 60929 |
| that may be modified for use in racing. For the purposes of this | 60930 |
| division: | 60931 |
| (1) A "competitive professional racing event" is a motor | 60932 |
| vehicle racing event sanctioned by one or more motor racing | 60933 |
| sanctioning organizations, at which aggregate cash prizes in | 60934 |
| excess of eight hundred thousand dollars are awarded to the | 60935 |
| competitors. | 60936 |
| (2) "Full-time employee" means an individual who is employed | 60937 |
| for consideration for thirty-five or more hours a week, or who | 60938 |
| renders any other standard of service generally accepted by custom | 60939 |
| or specified by contract as full-time employment. | 60940 |
| (UU)(1) "Lease" or "rental" means any transfer of the | 60941 |
| possession or control of tangible personal property for a fixed or | 60942 |
| indefinite term, for consideration. "Lease" or "rental" includes | 60943 |
| future options to purchase or extend, and agreements described in | 60944 |
| 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 60945 |
| the amount of consideration may be increased or decreased by | 60946 |
| reference to the amount realized upon the sale or disposition of | 60947 |
| the property. "Lease" or "rental" does not include: | 60948 |
| (a) A transfer of possession or control of tangible personal | 60949 |
| property under a security agreement or a deferred payment plan | 60950 |
| that requires the transfer of title upon completion of the | 60951 |
| required payments; | 60952 |
| (b) A transfer of possession or control of tangible personal | 60953 |
| property under an agreement that requires the transfer of title | 60954 |
| upon completion of required payments and payment of an option | 60955 |
| price that does not exceed the greater of one hundred dollars or | 60956 |
| one per cent of the total required payments; | 60957 |
| (c) Providing tangible personal property along with an | 60958 |
| operator for a fixed or indefinite period of time, if the operator | 60959 |
| is necessary for the property to perform as designed. For purposes | 60960 |
| of this division, the operator must do more than maintain, | 60961 |
| inspect, or set-up the tangible personal property. | 60962 |
| (2) "Lease" and "rental," as defined in division (UU) of this | 60963 |
| section, shall not apply to leases or rentals that exist before | 60964 |
| 60965 |
| (3) "Lease" and "rental" have the same meaning as in division | 60966 |
| (UU)(1) of this section regardless of whether a transaction is | 60967 |
| characterized as a lease or rental under generally accepted | 60968 |
| accounting principles, the Internal Revenue Code, Title XIII of | 60969 |
| the Revised Code, or other federal, state, or local laws. | 60970 |
| (VV) "Mobile telecommunications service" has the same meaning | 60971 |
| as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 60972 |
| 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 60973 |
| on and after August 1, 2003, includes related fees and ancillary | 60974 |
| services, including universal service fees, detailed billing | 60975 |
| service, directory assistance, service initiation, voice mail | 60976 |
| service, and vertical services, such as caller ID and three-way | 60977 |
| calling. | 60978 |
| (WW) "Certified service provider" has the same meaning as in | 60979 |
| section 5740.01 of the Revised Code. | 60980 |
| (XX) "Satellite broadcasting service" means the distribution | 60981 |
| or broadcasting of programming or services by satellite directly | 60982 |
| to the subscriber's receiving equipment without the use of ground | 60983 |
| receiving or distribution equipment, except the subscriber's | 60984 |
| receiving equipment or equipment used in the uplink process to the | 60985 |
| satellite, and includes all service and rental charges, premium | 60986 |
| channels or other special services, installation and repair | 60987 |
| service charges, and any other charges having any connection with | 60988 |
| the provision of the satellite broadcasting service. | 60989 |
| (YY) "Tangible personal property" means personal property | 60990 |
| that can be seen, weighed, measured, felt, or touched, or that is | 60991 |
| in any other manner perceptible to the senses. For purposes of | 60992 |
| this chapter and Chapter 5741. of the Revised Code, "tangible | 60993 |
| personal property" includes motor vehicles, electricity, water, | 60994 |
| gas, steam, and prewritten computer software. | 60995 |
| (ZZ) "Direct mail" means printed material delivered or | 60996 |
| distributed by United States mail or other delivery service to a | 60997 |
| mass audience or to addressees on a mailing list provided by the | 60998 |
| consumer or at the direction of the consumer when the cost of the | 60999 |
| items are not billed directly to the recipients. "Direct mail" | 61000 |
| includes tangible personal property supplied directly or | 61001 |
| indirectly by the consumer to the direct mail vendor for inclusion | 61002 |
| in the package containing the printed material. "Direct mail" does | 61003 |
| not include multiple items of printed material delivered to a | 61004 |
| single address. | 61005 |
| (AAA) "Computer" means an electronic device that accepts | 61006 |
| information in digital or similar form and manipulates it for a | 61007 |
| result based on a sequence of instructions. | 61008 |
| (BBB) "Computer software" means a set of coded instructions | 61009 |
| designed to cause a computer or automatic data processing | 61010 |
| equipment to perform a task. | 61011 |
| (CCC) "Delivered electronically" means delivery of computer | 61012 |
| software from the seller to the purchaser by means other than | 61013 |
| tangible storage media. | 61014 |
| (DDD) "Prewritten computer software" means computer software, | 61015 |
| including prewritten upgrades, that is not designed and developed | 61016 |
| by the author or other creator to the specifications of a specific | 61017 |
| purchaser. The combining of two or more prewritten computer | 61018 |
| software programs or prewritten portions thereof does not cause | 61019 |
| the combination to be other than prewritten computer software. | 61020 |
| "Prewritten computer software" includes software designed and | 61021 |
| developed by the author or other creator to the specifications of | 61022 |
| a specific purchaser when it is sold to a person other than the | 61023 |
| purchaser. If a person modifies or enhances computer software of | 61024 |
| which the person is not the author or creator, the person shall be | 61025 |
| deemed to be the author or creator only of such person's | 61026 |
| modifications or enhancements. Prewritten computer software or a | 61027 |
| prewritten portion thereof that is modified or enhanced to any | 61028 |
| degree, where such modification or enhancement is designed and | 61029 |
| developed to the specifications of a specific purchaser, remains | 61030 |
| prewritten computer software; provided, however, that where there | 61031 |
| is a reasonable, separately stated charge or an invoice or other | 61032 |
| statement of the price given to the purchaser for the modification | 61033 |
| or enhancement, the modification or enhancement shall not | 61034 |
| constitute prewritten computer software. | 61035 |
| (EEE)(1) Prior to July 1, 2004, "food" means cereals and | 61036 |
| cereal products, milk and milk products including ice cream, meat | 61037 |
| and meat products, fish and fish products, eggs and egg products, | 61038 |
| vegetables and vegetable products, fruits, fruit products, and | 61039 |
| pure fruit juices, condiments, sugar and sugar products, coffee | 61040 |
| and coffee substitutes, tea, and cocoa and cocoa products. "Food" | 61041 |
| does not include spirituous liquors, wine, mixed beverages, or | 61042 |
| beer; soft drinks; sodas and beverages that are ordinarily | 61043 |
| dispensed at or in connection with bars and soda fountains, other | 61044 |
| than coffee, tea, and cocoa; root beer and root beer extracts; | 61045 |
| malt and malt extracts; mineral oils, cod liver oils, and halibut | 61046 |
| liver oil; medicines, including tonics, vitamin preparations, and | 61047 |
| other products sold primarily for their medicinal properties; and | 61048 |
| water, including mineral, bottled, and carbonated waters, and ice. | 61049 |
| (2) On and after July 1, 2004, "food" means substances, | 61050 |
| whether in liquid, concentrated, solid, frozen, dried, or | 61051 |
| dehydrated form, that are sold for ingestion or chewing by humans | 61052 |
| and are consumed for their taste or nutritional value. "Food" does | 61053 |
| not include alcoholic beverages, dietary supplements, soft drinks, | 61054 |
| or tobacco. | 61055 |
| (3) As used in division (EEE)(2) of this section: | 61056 |
| (a) "Alcoholic beverages" means beverages that are suitable | 61057 |
| for human consumption and contain one-half of one per cent or more | 61058 |
| of alcohol by volume. | 61059 |
| (b) "Dietary supplements" means any product, other than | 61060 |
| tobacco, that is intended to supplement the diet and that is | 61061 |
| intended for ingestion in tablet, capsule, powder, softgel, | 61062 |
| gelcap, or liquid form, or, if not intended for ingestion in such | 61063 |
| a form, is not represented as conventional food for use as a sole | 61064 |
| item of a meal or of the diet; that is required to be labeled as a | 61065 |
| dietary supplement, identifiable by the "supplement facts" box | 61066 |
| found on the label, as required by 21 C.F.R. 101.36; and that | 61067 |
| contains one or more of the following dietary ingredients: | 61068 |
| (i) A vitamin; | 61069 |
| (ii) A mineral; | 61070 |
| (iii) An herb or other botanical; | 61071 |
| (iv) An amino acid; | 61072 |
| (v) A dietary substance for use by humans to supplement the | 61073 |
| diet by increasing the total dietary intake; | 61074 |
| (vi) A concentrate, metabolite, constituent, extract, or | 61075 |
| combination of any ingredient described in divisions | 61076 |
| (EEE)(3)(b)(i) to (v) of this section. | 61077 |
| (c) "Soft drinks" means nonalcoholic beverages that contain | 61078 |
| natural or artificial sweeteners. "Soft drinks" does not include | 61079 |
| beverages that contain milk or milk products, soy, rice, or | 61080 |
| similar milk substitutes, or that contains greater than fifty per | 61081 |
| cent vegetable or fruit juice by volume. | 61082 |
| (d) "Tobacco" means cigarettes, cigars, chewing or pipe | 61083 |
| tobacco, or any other item that contains tobacco. | 61084 |
| (FFF) "Drug" means a compound, substance, or preparation, and | 61085 |
| any component of a compound, substance, or preparation, other than | 61086 |
| food, dietary supplements, or alcoholic beverages that is | 61087 |
| recognized in the official United States pharmacopoeia, official | 61088 |
| homeopathic pharmacopoeia of the United States, or official | 61089 |
| national formulary, and supplements to them; is intended for use | 61090 |
| in the diagnosis, cure, mitigation, treatment, or prevention of | 61091 |
| disease; or is intended to affect the structure or any function of | 61092 |
| the body. | 61093 |
| (GGG) "Prescription" means an order, formula, or recipe | 61094 |
| issued in any form of oral, written, electronic, or other means of | 61095 |
| transmission by a duly licensed practitioner authorized by the | 61096 |
| laws of this state to issue a prescription. | 61097 |
| (HHH) "Durable medical equipment" means equipment, including | 61098 |
| repair and replacement parts for such equipment, that can | 61099 |
| withstand repeated use, is primarily and customarily used to serve | 61100 |
| a medical purpose, generally is not useful to a person in the | 61101 |
| absence of illness or injury, and is not worn in or on the body. | 61102 |
| (III) "Mobility enhancing equipment" means equipment, | 61103 |
| including repair and replacement parts for such equipment, that is | 61104 |
| primarily and customarily used to provide or increase the ability | 61105 |
| to move from one place to another and is appropriate for use | 61106 |
| either in a home or a motor vehicle, that is not generally used by | 61107 |
| persons with normal mobility, and that does not include any motor | 61108 |
| vehicle or equipment on a motor vehicle normally provided by a | 61109 |
| motor vehicle manufacturer. | 61110 |
| (JJJ) "Prosthetic device" means a replacement, corrective, or | 61111 |
| supportive device, including repair and replacement parts for the | 61112 |
| device, worn on or in the human body to artificially replace a | 61113 |
| missing portion of the body, prevent or correct physical deformity | 61114 |
| or malfunction, or support a weak or deformed portion of the body. | 61115 |
| As used in this division, "prosthetic device" does not include | 61116 |
| corrective eyeglasses, contact lenses, or dental prosthesis. | 61117 |
| (KKK)(1) "Fractional aircraft ownership program" means a | 61118 |
| program in which persons within an affiliated group sell and | 61119 |
| manage fractional ownership program aircraft, provided that at | 61120 |
| least one hundred airworthy aircraft are operated in the program | 61121 |
| and the program meets all of the following criteria: | 61122 |
| (a) Management services are provided by at least one program | 61123 |
| manager within an affiliated group on behalf of the fractional | 61124 |
| owners. | 61125 |
| (b) Each program aircraft is owned or possessed by at least | 61126 |
| one fractional owner. | 61127 |
| (c) Each fractional owner owns or possesses at least a | 61128 |
| one-sixteenth interest in at least one fixed-wing program | 61129 |
| aircraft. | 61130 |
| (d) A dry-lease aircraft interchange arrangement is in effect | 61131 |
| among all of the fractional owners. | 61132 |
| (e) Multi-year program agreements are in effect regarding the | 61133 |
| fractional ownership, management services, and dry-lease aircraft | 61134 |
| interchange arrangement aspects of the program. | 61135 |
| (2) As used in division (KKK)(1) of this section: | 61136 |
| (a) "Affiliated group" has the same meaning as in division | 61137 |
| (B)(3)(e) of this section. | 61138 |
| (b) "Fractional owner" means a person that owns or possesses | 61139 |
| at least a one-sixteenth interest in a program aircraft and has | 61140 |
| entered into the agreements described in division (KKK)(1)(e) of | 61141 |
| this section. | 61142 |
| (c) "Fractional ownership program aircraft" or "program | 61143 |
| aircraft" means a turbojet aircraft that is owned or possessed by | 61144 |
| a fractional owner and that has been included in a dry-lease | 61145 |
| aircraft interchange arrangement and agreement under divisions | 61146 |
| (KKK)(1)(d) and (e) of this section, or an aircraft a program | 61147 |
| manager owns or possesses primarily for use in a fractional | 61148 |
| aircraft ownership program. | 61149 |
| (d) "Management services" means administrative and aviation | 61150 |
| support services furnished under a fractional aircraft ownership | 61151 |
| program in accordance with a management services agreement under | 61152 |
| division (KKK)(1)(e) of this section, and offered by the program | 61153 |
| manager to the fractional owners, including, at a minimum, the | 61154 |
| establishment and implementation of safety guidelines; the | 61155 |
| coordination of the scheduling of the program aircraft and crews; | 61156 |
| program aircraft maintenance; program aircraft insurance; crew | 61157 |
| training for crews employed, furnished, or contracted by the | 61158 |
| program manager or the fractional owner; the satisfaction of | 61159 |
| record-keeping requirements; and the development and use of an | 61160 |
| operations manual and a maintenance manual for the fractional | 61161 |
| aircraft ownership program. | 61162 |
| (e) "Program manager" means the person that offers management | 61163 |
| services to fractional owners pursuant to a management services | 61164 |
| agreement under division (KKK)(1)(e) of this section. | 61165 |
| Sec. 5739.02. For the purpose of providing revenue with | 61166 |
| which to meet the needs of the state, for the use of the general | 61167 |
| revenue fund of the state, for the purpose of securing a thorough | 61168 |
| and efficient system of common schools throughout the state, for | 61169 |
| the purpose of affording revenues, in addition to those from | 61170 |
| general property taxes, permitted under constitutional | 61171 |
| limitations, and from other sources, for the support of local | 61172 |
| governmental functions, and for the purpose of reimbursing the | 61173 |
| state for the expense of administering this chapter, an excise tax | 61174 |
| is hereby levied on each retail sale made in this state. | 61175 |
| (A)(1) The tax shall be collected as provided in section | 61176 |
| 5739.025 of the Revised Code, provided that on and after July 1, | 61177 |
| 2003, and on or before June 30, 2005, the rate of tax shall be six | 61178 |
| per cent. On and after July 1, 2005, the rate of the tax shall be | 61179 |
| five and one-half per cent. The tax applies and is collectible | 61180 |
| when the sale is made, regardless of the time when the price is | 61181 |
| paid or delivered. | 61182 |
| (2) In the case of the lease or rental, with a fixed term of | 61183 |
| more than thirty days or an indefinite term with a minimum period | 61184 |
| of more than thirty days, of any motor vehicles designed by the | 61185 |
| manufacturer to carry a load of not more than one ton, watercraft, | 61186 |
| outboard motor, or aircraft, or of any tangible personal property, | 61187 |
| other than motor vehicles designed by the manufacturer to carry a | 61188 |
| load of more than one ton, to be used by the lessee or renter | 61189 |
| primarily for business purposes, the tax shall be collected by the | 61190 |
| vendor at the time the lease or rental is consummated and shall be | 61191 |
| calculated by the vendor on the basis of the total amount to be | 61192 |
| paid by the lessee or renter under the lease agreement. If the | 61193 |
| total amount of the consideration for the lease or rental includes | 61194 |
| amounts that are not calculated at the time the lease or rental is | 61195 |
| executed, the tax shall be calculated and collected by the vendor | 61196 |
| at the time such amounts are billed to the lessee or renter. In | 61197 |
| the case of an open-end lease or rental, the tax shall be | 61198 |
| calculated by the vendor on the basis of the total amount to be | 61199 |
| paid during the initial fixed term of the lease or rental, and for | 61200 |
| each subsequent renewal period as it comes due. As used in this | 61201 |
| division, "motor vehicle" has the same meaning as in section | 61202 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 61203 |
| unit attached to the watercraft. | 61204 |
| A lease with a renewal clause and a termination penalty or | 61205 |
| similar provision that applies if the renewal clause is not | 61206 |
| exercised is presumed to be a sham transaction. In such a case, | 61207 |
| the tax shall be calculated and paid on the basis of the entire | 61208 |
| length of the lease period, including any renewal periods, until | 61209 |
| the termination penalty or similar provision no longer applies. | 61210 |
| The taxpayer shall bear the burden, by a preponderance of the | 61211 |
| evidence, that the transaction or series of transactions is not a | 61212 |
| sham transaction. | 61213 |
| (3) Except as provided in division (A)(2) of this section, in | 61214 |
| the case of a sale, the price of which consists in whole or in | 61215 |
| part of the lease or rental of tangible personal property, the tax | 61216 |
| shall be measured by the installments of that lease or rental. | 61217 |
| (4) In the case of a sale of a physical fitness facility | 61218 |
| service or recreation and sports club service, the price of which | 61219 |
| consists in whole or in part of a membership for the receipt of | 61220 |
| the benefit of the service, the tax applicable to the sale shall | 61221 |
| be measured by the installments thereof. | 61222 |
| (B) The tax does not apply to the following: | 61223 |
| (1) Sales to the state or any of its political subdivisions, | 61224 |
| or to any other state or its political subdivisions if the laws of | 61225 |
| that state exempt from taxation sales made to this state and its | 61226 |
| political subdivisions; | 61227 |
| (2) Sales of food for human consumption off the premises | 61228 |
| where sold; | 61229 |
| (3) Sales of food sold to students only in a cafeteria, | 61230 |
| dormitory, fraternity, or sorority maintained in a private, | 61231 |
| public, or parochial school, college, or university; | 61232 |
| (4) Sales of newspapers and of magazine subscriptions and | 61233 |
| sales or transfers of magazines distributed as controlled | 61234 |
| circulation publications; | 61235 |
| (5) The furnishing, preparing, or serving of meals without | 61236 |
| charge by an employer to an employee provided the employer records | 61237 |
| the meals as part compensation for services performed or work | 61238 |
| done; | 61239 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 61240 |
| sale of which in this state a tax is imposed by the law of this | 61241 |
| state, but this exemption shall not apply to the sale of motor | 61242 |
| fuel on which a refund of the tax is allowable under division (A) | 61243 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 61244 |
| may deduct the amount of tax levied by this section applicable to | 61245 |
| the price of motor fuel when granting a refund of motor fuel tax | 61246 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 61247 |
| and shall cause the amount deducted to be paid into the general | 61248 |
| revenue fund of this state; | 61249 |
| (7) Sales of natural gas by a natural gas company, of water | 61250 |
| by a water-works company, or of steam by a heating company, if in | 61251 |
| each case the thing sold is delivered to consumers through pipes | 61252 |
| or conduits, and all sales of communications services by a | 61253 |
| telegraph company, all terms as defined in section 5727.01 of the | 61254 |
| Revised Code, and sales of electricity delivered through wires; | 61255 |
| (8) Casual sales by a person, or auctioneer employed directly | 61256 |
| by the person to conduct such sales, except as to such sales of | 61257 |
| motor vehicles, watercraft or outboard motors required to be | 61258 |
| titled under section 1548.06 of the Revised Code, watercraft | 61259 |
| documented with the United States coast guard, snowmobiles, and | 61260 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 61261 |
| Code; | 61262 |
| (9) Sales of services or tangible personal property, other | 61263 |
| than motor vehicles, mobile homes, and manufactured homes, by | 61264 |
| churches, organizations exempt from taxation under section | 61265 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 61266 |
| organizations operated exclusively for charitable purposes as | 61267 |
| defined in division (B)(12) of this section, provided that the | 61268 |
| number of days on which such tangible personal property or | 61269 |
| services, other than items never subject to the tax, are sold does | 61270 |
| not exceed six in any calendar year. If the number of days on | 61271 |
| which such sales are made exceeds six in any calendar year, the | 61272 |
| church or organization shall be considered to be engaged in | 61273 |
| business and all subsequent sales by it shall be subject to the | 61274 |
| tax. In counting the number of days, all sales by groups within a | 61275 |
| church or within an organization shall be considered to be sales | 61276 |
| of that church or organization, except that sales made by separate | 61277 |
| student clubs and other groups of students of a primary or | 61278 |
| secondary school, and sales made by a parent-teacher association, | 61279 |
| booster group, or similar organization that raises money to | 61280 |
| support or fund curricular or extracurricular activities of a | 61281 |
| primary or secondary school, shall not be considered to be sales | 61282 |
| of such school, and sales by each such club, group, association, | 61283 |
| or organization shall be counted separately for purposes of the | 61284 |
| six-day limitation. This division does not apply to sales by a | 61285 |
| noncommercial educational radio or television broadcasting | 61286 |
| station. | 61287 |
| (10) Sales not within the taxing power of this state under | 61288 |
| the Constitution of the United States; | 61289 |
| (11) Except for transactions that are sales under division | 61290 |
| (B)(3)(s) of section 5739.01 of the Revised Code, the | 61291 |
| transportation of persons or property, unless the transportation | 61292 |
| is by a private investigation and security service; | 61293 |
| (12) Sales of tangible personal property or services to | 61294 |
| churches, to organizations exempt from taxation under section | 61295 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 61296 |
| nonprofit organizations operated exclusively for charitable | 61297 |
| purposes in this state, no part of the net income of which inures | 61298 |
| to the benefit of any private shareholder or individual, and no | 61299 |
| substantial part of the activities of which consists of carrying | 61300 |
| on propaganda or otherwise attempting to influence legislation; | 61301 |
| sales to offices administering one or more homes for the aged or | 61302 |
| one or more hospital facilities exempt under section 140.08 of the | 61303 |
| Revised Code; and sales to organizations described in division (D) | 61304 |
| of section 5709.12 of the Revised Code. | 61305 |
| "Charitable purposes" means the relief of poverty; the | 61306 |
| improvement of health through the alleviation of illness, disease, | 61307 |
| or injury; the operation of an organization exclusively for the | 61308 |
| provision of professional, laundry, printing, and purchasing | 61309 |
| services to hospitals or charitable institutions; the operation of | 61310 |
| a home for the aged, as defined in section 5701.13 of the Revised | 61311 |
| Code; the operation of a radio or television broadcasting station | 61312 |
| that is licensed by the federal communications commission as a | 61313 |
| noncommercial educational radio or television station; the | 61314 |
| operation of a nonprofit animal adoption service or a county | 61315 |
| humane society; the promotion of education by an institution of | 61316 |
| learning that maintains a faculty of qualified instructors, | 61317 |
| teaches regular continuous courses of study, and confers a | 61318 |
| recognized diploma upon completion of a specific curriculum; the | 61319 |
| operation of a parent-teacher association, booster group, or | 61320 |
| similar organization primarily engaged in the promotion and | 61321 |
| support of the curricular or extracurricular activities of a | 61322 |
| primary or secondary school; the operation of a community or area | 61323 |
| center in which presentations in music, dramatics, the arts, and | 61324 |
| related fields are made in order to foster public interest and | 61325 |
| education therein; the production of performances in music, | 61326 |
| dramatics, and the arts; or the promotion of education by an | 61327 |
| organization engaged in carrying on research in, or the | 61328 |
| dissemination of, scientific and technological knowledge and | 61329 |
| information primarily for the public. | 61330 |
| Nothing in this division shall be deemed to exempt sales to | 61331 |
| any organization for use in the operation or carrying on of a | 61332 |
| trade or business, or sales to a home for the aged for use in the | 61333 |
| operation of independent living facilities as defined in division | 61334 |
| (A) of section 5709.12 of the Revised Code. | 61335 |
| (13) Building and construction materials and services sold to | 61336 |
| construction contractors for incorporation into a structure or | 61337 |
| improvement to real property under a construction contract with | 61338 |
| this state or a political subdivision of this state, or with the | 61339 |
| United States government or any of its agencies; building and | 61340 |
| construction materials and services sold to construction | 61341 |
| contractors for incorporation into a structure or improvement to | 61342 |
| real property that are accepted for ownership by this state or any | 61343 |
| of its political subdivisions, or by the United States government | 61344 |
| or any of its agencies at the time of completion of the structures | 61345 |
| or improvements; building and construction materials sold to | 61346 |
| construction contractors for incorporation into a horticulture | 61347 |
| structure or livestock structure for a person engaged in the | 61348 |
| business of horticulture or producing livestock; building | 61349 |
| materials and services sold to a construction contractor for | 61350 |
| incorporation into a house of public worship or religious | 61351 |
| education, or a building used exclusively for charitable purposes | 61352 |
| under a construction contract with an organization whose purpose | 61353 |
| is as described in division (B)(12) of this section; building | 61354 |
| materials and services sold to a construction contractor for | 61355 |
| incorporation into a building under a construction contract with | 61356 |
| an organization exempt from taxation under section 501(c)(3) of | 61357 |
| the Internal Revenue Code of 1986 when the building is to be used | 61358 |
| exclusively for the organization's exempt purposes; building and | 61359 |
| construction materials sold for incorporation into the original | 61360 |
| construction of a sports facility under section 307.696 of the | 61361 |
| Revised Code; and building and construction materials and services | 61362 |
| sold to a construction contractor for incorporation into real | 61363 |
| property outside this state if such materials and services, when | 61364 |
| sold to a construction contractor in the state in which the real | 61365 |
| property is located for incorporation into real property in that | 61366 |
| state, would be exempt from a tax on sales levied by that state; | 61367 |
| (14) Sales of ships or vessels or rail rolling stock used or | 61368 |
| to be used principally in interstate or foreign commerce, and | 61369 |
| repairs, alterations, fuel, and lubricants for such ships or | 61370 |
| vessels or rail rolling stock; | 61371 |
| (15) Sales to persons primarily engaged in any of the | 61372 |
| activities mentioned in division (B)(43)(a) or (g) of this | 61373 |
| section, to persons engaged in making retail sales, or to persons | 61374 |
| who purchase for sale from a manufacturer tangible personal | 61375 |
| property that was produced by the manufacturer in accordance with | 61376 |
| specific designs provided by the purchaser, of packages, including | 61377 |
| material, labels, and parts for packages, and of machinery, | 61378 |
| equipment, and material for use primarily in packaging tangible | 61379 |
| personal property produced for sale, including any machinery, | 61380 |
| equipment, and supplies used to make labels or packages, to | 61381 |
| prepare packages or products for labeling, or to label packages or | 61382 |
| products, by or on the order of the person doing the packaging, or | 61383 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 61384 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 61385 |
| similar devices and containers, but does not include motor | 61386 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 61387 |
| motor vehicles. "Packaging" means placing in a package. Division | 61388 |
| (B) | 61389 |
| highway transportation for hire. | 61390 |
| (16) Sales of food to persons using food stamp benefits to | 61391 |
| purchase the food. As used in this division, "food" has the same | 61392 |
| meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C. | 61393 |
| 2012, as amended, and federal regulations adopted pursuant to that | 61394 |
| act. | 61395 |
| (17) Sales to persons engaged in farming, agriculture, | 61396 |
| horticulture, or floriculture, of tangible personal property for | 61397 |
| use or consumption directly in the production by farming, | 61398 |
| agriculture, horticulture, or floriculture of other tangible | 61399 |
| personal property for use or consumption directly in the | 61400 |
| production of tangible personal property for sale by farming, | 61401 |
| agriculture, horticulture, or floriculture; or material and parts | 61402 |
| for incorporation into any such tangible personal property for use | 61403 |
| or consumption in production; and of tangible personal property | 61404 |
| for such use or consumption in the conditioning or holding of | 61405 |
| products produced by and for such use, consumption, or sale by | 61406 |
| persons engaged in farming, agriculture, horticulture, or | 61407 |
| floriculture, except where such property is incorporated into real | 61408 |
| property; | 61409 |
| (18) Sales of drugs for a human being, dispensed pursuant to | 61410 |
| a prescription; insulin as recognized in the official United | 61411 |
| States pharmacopoeia; urine and blood testing materials when used | 61412 |
| by diabetics or persons with hypoglycemia to test for glucose or | 61413 |
| acetone; hypodermic syringes and needles when used by diabetics | 61414 |
| for insulin injections; epoetin alfa when purchased for use in the | 61415 |
| treatment of persons with medical disease; hospital beds when | 61416 |
| purchased for use by persons with medical problems for medical | 61417 |
| purposes; and medical oxygen and medical oxygen-dispensing | 61418 |
| equipment when purchased for use by persons with medical problems | 61419 |
| for medical purposes; | 61420 |
| (19) Sales of prosthetic devices, durable medical equipment | 61421 |
| for home use, or mobility enhancing equipment, when made pursuant | 61422 |
| to a prescription and when such devices or equipment are for use | 61423 |
| by a human being. | 61424 |
| (20) Sales of emergency and fire protection vehicles and | 61425 |
| equipment to nonprofit organizations for use solely in providing | 61426 |
| fire protection and emergency services, including trauma care and | 61427 |
| emergency medical services, for political subdivisions of the | 61428 |
| state; | 61429 |
| (21) Sales of tangible personal property manufactured in this | 61430 |
| state, if sold by the manufacturer in this state to a retailer for | 61431 |
| use in the retail business of the retailer outside of this state | 61432 |
| and if possession is taken from the manufacturer by the purchaser | 61433 |
| within this state for the sole purpose of immediately removing the | 61434 |
| same from this state in a vehicle owned by the purchaser; | 61435 |
| (22) Sales of services provided by the state or any of its | 61436 |
| political subdivisions, agencies, instrumentalities, institutions, | 61437 |
| or authorities, or by governmental entities of the state or any of | 61438 |
| its political subdivisions, agencies, instrumentalities, | 61439 |
| institutions, or authorities; | 61440 |
| (23) Sales of motor vehicles to nonresidents of this state | 61441 |
| upon the presentation of an affidavit executed in this state by | 61442 |
| the nonresident purchaser affirming that the purchaser is a | 61443 |
| nonresident of this state, that possession of the motor vehicle is | 61444 |
| taken in this state for the sole purpose of immediately removing | 61445 |
| it from this state, that the motor vehicle will be permanently | 61446 |
| titled and registered in another state, and that the motor vehicle | 61447 |
| will not be used in this state; | 61448 |
| (24) Sales to persons engaged in the preparation of eggs for | 61449 |
| sale of tangible personal property used or consumed directly in | 61450 |
| such preparation, including such tangible personal property used | 61451 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 61452 |
| classifying by size; packages, including material and parts for | 61453 |
| packages, and machinery, equipment, and material for use in | 61454 |
| packaging eggs for sale; and handling and transportation equipment | 61455 |
| and parts therefor, except motor vehicles licensed to operate on | 61456 |
| public highways, used in intraplant or interplant transfers or | 61457 |
| shipment of eggs in the process of preparation for sale, when the | 61458 |
| plant or plants within or between which such transfers or | 61459 |
| shipments occur are operated by the same person. "Packages" | 61460 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 61461 |
| cartons, closure materials, labels, and labeling materials, and | 61462 |
| "packaging" means placing therein. | 61463 |
| (25)(a) Sales of water to a consumer for residential use, | 61464 |
| except the sale of bottled water, distilled water, mineral water, | 61465 |
| carbonated water, or ice; | 61466 |
| (b) Sales of water by a nonprofit corporation engaged | 61467 |
| exclusively in the treatment, distribution, and sale of water to | 61468 |
| consumers, if such water is delivered to consumers through pipes | 61469 |
| or tubing. | 61470 |
| (26) Fees charged for inspection or reinspection of motor | 61471 |
| vehicles under section 3704.14 of the Revised Code; | 61472 |
| (27) Sales to persons licensed to conduct a food service | 61473 |
| operation pursuant to section 3717.43 of the Revised Code, of | 61474 |
| tangible personal property primarily used directly for the | 61475 |
| following: | 61476 |
| (a) To prepare food for human consumption for sale; | 61477 |
| (b) To preserve food that has been or will be prepared for | 61478 |
| human consumption for sale by the food service operator, not | 61479 |
| including tangible personal property used to display food for | 61480 |
| selection by the consumer; | 61481 |
| (c) To clean tangible personal property used to prepare or | 61482 |
| serve food for human consumption for sale. | 61483 |
| (28) Sales of animals by nonprofit animal adoption services | 61484 |
| or county humane societies; | 61485 |
| (29) Sales of services to a corporation described in division | 61486 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 61487 |
| personal property that qualifies for exemption from taxation under | 61488 |
| section 5709.72 of the Revised Code; | 61489 |
| (30) Sales and installation of agricultural land tile, as | 61490 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 61491 |
| Code; | 61492 |
| (31) Sales and erection or installation of portable grain | 61493 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 61494 |
| Revised Code; | 61495 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 61496 |
| or items attached to or incorporated in, motor vehicles that are | 61497 |
| primarily used for transporting tangible personal property | 61498 |
| belonging to others by a person engaged in highway transportation | 61499 |
| for hire, except for packages and packaging used for the | 61500 |
| transportation of tangible personal property; | 61501 |
| (33) Sales to the state headquarters of any veterans' | 61502 |
| organization in this state that is either incorporated and issued | 61503 |
| a charter by the congress of the United States or is recognized by | 61504 |
| the United States veterans administration, for use by the | 61505 |
| headquarters; | 61506 |
| (34) Sales to a telecommunications service vendor, mobile | 61507 |
| telecommunications service vendor, or satellite broadcasting | 61508 |
| service vendor of tangible personal property and services used | 61509 |
| directly and primarily in transmitting, receiving, switching, or | 61510 |
| recording any interactive, one- or two-way electromagnetic | 61511 |
| communications, including voice, image, data, and information, | 61512 |
| through the use of any medium, including, but not limited to, | 61513 |
| poles, wires, cables, switching equipment, computers, and record | 61514 |
| storage devices and media, and component parts for the tangible | 61515 |
| personal property. The exemption provided in this division shall | 61516 |
| be in lieu of all other exemptions under division (B)(43)(a) of | 61517 |
| this section to which the vendor may otherwise be entitled, based | 61518 |
| upon the use of the thing purchased in providing the | 61519 |
| telecommunications, mobile telecommunications, or satellite | 61520 |
| broadcasting service. | 61521 |
| (35) Sales of investment metal bullion and investment coins. | 61522 |
| "Investment metal bullion" means any elementary precious metal | 61523 |
| that has been put through a process of smelting or refining, | 61524 |
| including, but not limited to, gold, silver, platinum, and | 61525 |
| palladium, and which is in such state or condition that its value | 61526 |
| depends upon its content and not upon its form. "Investment metal | 61527 |
| bullion" does not include fabricated precious metal that has been | 61528 |
| processed or manufactured for one or more specific and customary | 61529 |
| industrial, professional, or artistic uses. "Investment coins" | 61530 |
| means numismatic coins or other forms of money and legal tender | 61531 |
| manufactured of gold, silver, platinum, palladium, or other metal | 61532 |
| under the laws of the United States or any foreign nation with a | 61533 |
| fair market value greater than any statutory or nominal value of | 61534 |
| such coins. | 61535 |
| (36)(a) Sales where the purpose of the consumer is to use or | 61536 |
| consume the things transferred in making retail sales and | 61537 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 61538 |
| certificates, or other advertising material that prices and | 61539 |
| describes tangible personal property offered for retail sale. | 61540 |
| (b) Sales to direct marketing vendors of preliminary | 61541 |
| materials such as photographs, artwork, and typesetting that will | 61542 |
| be used in printing advertising material; of printed matter that | 61543 |
| offers free merchandise or chances to win sweepstake prizes and | 61544 |
| that is mailed to potential customers with advertising material | 61545 |
| described in division (B)(36)(a) of this section; and of equipment | 61546 |
| such as telephones, computers, facsimile machines, and similar | 61547 |
| tangible personal property primarily used to accept orders for | 61548 |
| direct marketing retail sales. | 61549 |
| (c) Sales of automatic food vending machines that preserve | 61550 |
| food with a shelf life of forty-five days or less by refrigeration | 61551 |
| and dispense it to the consumer. | 61552 |
| For purposes of division (B)(36) of this section, "direct | 61553 |
| marketing" means the method of selling where consumers order | 61554 |
| tangible personal property by United States mail, delivery | 61555 |
| service, or telecommunication and the vendor delivers or ships the | 61556 |
| tangible personal property sold to the consumer from a warehouse, | 61557 |
| catalogue distribution center, or similar fulfillment facility by | 61558 |
| means of the United States mail, delivery service, or common | 61559 |
| carrier. | 61560 |
| (37) Sales to a person engaged in the business of | 61561 |
| horticulture or producing livestock of materials to be | 61562 |
| incorporated into a horticulture structure or livestock structure; | 61563 |
| (38) Sales of personal computers, computer monitors, computer | 61564 |
| keyboards, modems, and other peripheral computer equipment to an | 61565 |
| individual who is licensed or certified to teach in an elementary | 61566 |
| or a secondary school in this state for use by that individual in | 61567 |
| preparation for teaching elementary or secondary school students; | 61568 |
| (39) Sales to a professional racing team of any of the | 61569 |
| following: | 61570 |
| (a) Motor racing vehicles; | 61571 |
| (b) Repair services for motor racing vehicles; | 61572 |
| (c) Items of property that are attached to or incorporated in | 61573 |
| motor racing vehicles, including engines, chassis, and all other | 61574 |
| components of the vehicles, and all spare, replacement, and | 61575 |
| rebuilt parts or components of the vehicles; except not including | 61576 |
| tires, consumable fluids, paint, and accessories consisting of | 61577 |
| instrumentation sensors and related items added to the vehicle to | 61578 |
| collect and transmit data by means of telemetry and other forms of | 61579 |
| communication. | 61580 |
| (40) Sales of used manufactured homes and used mobile homes, | 61581 |
| as defined in section 5739.0210 of the Revised Code, made on or | 61582 |
| after January 1, 2000; | 61583 |
| (41) Sales of tangible personal property and services to a | 61584 |
| provider of electricity used or consumed directly and primarily in | 61585 |
| generating, transmitting, or distributing electricity for use by | 61586 |
| others, including property that is or is to be incorporated into | 61587 |
| and will become a part of the consumer's production, transmission, | 61588 |
| or distribution system and that retains its classification as | 61589 |
| tangible personal property after incorporation; fuel or power used | 61590 |
| in the production, transmission, or distribution of electricity; | 61591 |
| and tangible personal property and services used in the repair and | 61592 |
| maintenance of the production, transmission, or distribution | 61593 |
| system, including only those motor vehicles as are specially | 61594 |
| designed and equipped for such use. The exemption provided in this | 61595 |
| division shall be in lieu of all other exemptions in division | 61596 |
| (B)(43)(a) of this section to which a provider of electricity may | 61597 |
| otherwise be entitled based on the use of the tangible personal | 61598 |
| property or service purchased in generating, transmitting, or | 61599 |
| distributing electricity. | 61600 |
| (42) Sales to a person providing services under division | 61601 |
| (B)(3)(s) of section 5739.01 of the Revised Code of tangible | 61602 |
| personal property and services used directly and primarily in | 61603 |
| providing taxable services under that section. | 61604 |
| (43) Sales where the purpose of the purchaser is to do any of | 61605 |
| the following: | 61606 |
| (a) To incorporate the thing transferred as a material or a | 61607 |
| part into tangible personal property to be produced for sale by | 61608 |
| manufacturing, assembling, processing, or refining; or to use or | 61609 |
| consume the thing transferred directly in producing tangible | 61610 |
| personal property for sale by mining, including, without | 61611 |
| limitation, the extraction from the earth of all substances that | 61612 |
| are classed geologically as minerals, production of crude oil and | 61613 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 61614 |
| or directly in the rendition of a public utility service, except | 61615 |
| that the sales tax levied by this section shall be collected upon | 61616 |
| all meals, drinks, and food for human consumption sold when | 61617 |
| transporting persons. Persons engaged in rendering farming, | 61618 |
| agricultural, horticultural, or floricultural services, and | 61619 |
| services in the exploration for, and production of, crude oil and | 61620 |
| natural gas, for others are deemed engaged directly in farming, | 61621 |
| agriculture, horticulture, and floriculture, or exploration for, | 61622 |
| and production of, crude oil and natural gas. This paragraph does | 61623 |
| not exempt from "retail sale" or "sales at retail" the sale of | 61624 |
| tangible personal property that is to be incorporated into a | 61625 |
| structure or improvement to real property. | 61626 |
| (b) To hold the thing transferred as security for the | 61627 |
| performance of an obligation of the vendor; | 61628 |
| (c) To resell, hold, use, or consume the thing transferred as | 61629 |
| evidence of a contract of insurance; | 61630 |
| (d) To use or consume the thing directly in commercial | 61631 |
| fishing; | 61632 |
| (e) To incorporate the thing transferred as a material or a | 61633 |
| part into, or to use or consume the thing transferred directly in | 61634 |
| the production of, magazines distributed as controlled circulation | 61635 |
| publications; | 61636 |
| (f) To use or consume the thing transferred in the production | 61637 |
| and preparation in suitable condition for market and sale of | 61638 |
| printed, imprinted, overprinted, lithographic, multilithic, | 61639 |
| blueprinted, photostatic, or other productions or reproductions of | 61640 |
| written or graphic matter; | 61641 |
| (g) To use the thing transferred, as described in section | 61642 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 61643 |
| operation to produce tangible personal property for sale; | 61644 |
| (h) To use the benefit of a warranty, maintenance or service | 61645 |
| contract, or similar agreement, as described in division (B)(7) of | 61646 |
| section 5739.01 of the Revised Code, to repair or maintain | 61647 |
| tangible personal property, if all of the property that is the | 61648 |
| subject of the warranty, contract, or agreement would not be | 61649 |
| subject to the tax imposed by this section; | 61650 |
| (i) To use the thing transferred as qualified research and | 61651 |
| development equipment; | 61652 |
| (j) To use or consume the thing transferred primarily in | 61653 |
| storing, transporting, mailing, or otherwise handling purchased | 61654 |
| sales inventory in a warehouse, distribution center, or similar | 61655 |
| facility when the inventory is primarily distributed outside this | 61656 |
| state to retail stores of the person who owns or controls the | 61657 |
| warehouse, distribution center, or similar facility, to retail | 61658 |
| stores of an affiliated group of which that person is a member, or | 61659 |
| by means of direct marketing. This division does not apply to | 61660 |
| motor vehicles registered for operation on the public highways. As | 61661 |
| used in this division, "affiliated group" has the same meaning as | 61662 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 61663 |
| "direct marketing" has the same meaning as in division (B)(36) of | 61664 |
| this section. | 61665 |
| (k) To use or consume the thing transferred to fulfill a | 61666 |
| contractual obligation incurred by a warrantor pursuant to a | 61667 |
| warranty provided as a part of the price of the tangible personal | 61668 |
| property sold or by a vendor of a warranty, maintenance or service | 61669 |
| contract, or similar agreement the provision of which is defined | 61670 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 61671 |
| Code; | 61672 |
| (l) To use or consume the thing transferred in the production | 61673 |
| of a newspaper for distribution to the public; | 61674 |
| (m) To use tangible personal property to perform a service | 61675 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 61676 |
| if the property is or is to be permanently transferred to the | 61677 |
| consumer of the service as an integral part of the performance of | 61678 |
| the service. | 61679 |
| As used in division (B)(43) of this section, "thing" includes | 61680 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 61681 |
| section 5739.01 of the Revised Code. | 61682 |
| (44) Sales conducted through a coin operated device that | 61683 |
| activates vacuum equipment or equipment that dispenses water, | 61684 |
| whether or not in combination with soap or other cleaning agents | 61685 |
| or wax, to the consumer for the consumer's use on the premises in | 61686 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 61687 |
| personal property or personal service is provided as part of the | 61688 |
| transaction. | 61689 |
| (45) Sales of replacement and modification parts for engines, | 61690 |
| airframes, instruments, and interiors in, and paint for, aircraft | 61691 |
| used primarily in a fractional aircraft ownership program, and | 61692 |
| sales of services for the repair, modification, and maintenance of | 61693 |
| such aircraft, and machinery, equipment, and supplies primarily | 61694 |
| used to provide those services. | 61695 |
| (46) Sales of telecommunications service that is used | 61696 |
| directly and primarily to perform the functions of a call center. | 61697 |
| As used in this division, "call center" means any physical | 61698 |
| location where telephone calls are placed or received in high | 61699 |
| volume for the purpose of making sales, marketing, customer | 61700 |
| service, technical support, or other specialized business | 61701 |
| activity, and that employs at least fifty individuals that engage | 61702 |
| in call center activities on a full-time basis, or sufficient | 61703 |
| individuals to fill fifty full-time equivalent positions. | 61704 |
| (C) For the purpose of the proper administration of this | 61705 |
| chapter, and to prevent the evasion of the tax, it is presumed | 61706 |
| that all sales made in this state are subject to the tax until the | 61707 |
| contrary is established. | 61708 |
| | 61709 |
| and sports club service shall not prevent a municipal corporation | 61710 |
| from levying any tax on recreation and sports club dues or on any | 61711 |
| income generated by recreation and sports club dues. | 61712 |
| (E) The tax collected by the vendor from the consumer under | 61713 |
| this chapter is not part of the price, but is a tax collection for | 61714 |
| the benefit of the state, and of counties levying an additional | 61715 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 61716 |
| Code and of transit authorities levying an additional sales tax | 61717 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 61718 |
| discount authorized under section 5739.12 of the Revised Code and | 61719 |
| the effects of any rounding pursuant to section 5703.055 of the | 61720 |
| Revised Code, no person other than the state or such a county or | 61721 |
| transit authority shall derive any benefit from the collection or | 61722 |
| payment of the tax levied by this section or section 5739.021, | 61723 |
| 5739.023, or 5739.026 of the Revised Code. | 61724 |
| Sec. 5739.025. As used in this section, "local tax" means a | 61725 |
| tax imposed pursuant to section 5739.021, 5739.023, 5739.026, | 61726 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code. | 61727 |
| (A) The taxes levied by sections 5739.02 and 5741.02 of the | 61728 |
| Revised Code shall be collected as follows: | 61729 |
| (1) On and after July 1, 2003, and on or before June 30, | 61730 |
| 2005, in accordance with the following schedule: | 61731 |
| If the price | The amount of | 61732 | |||||
| is at least | But not more than | the tax is | 61733 | ||||
| $ .01 | $ .15 | No tax | 61734 | ||||
| .16 | .16 | 1¢ | 61735 | ||||
| .17 | .33 | 2¢ | 61736 | ||||
| .34 | .50 | 3¢ | 61737 | ||||
| .51 | .66 | 4¢ | 61738 | ||||
| .67 | .83 | 5¢ | 61739 | ||||
| .84 | 1.00 | 6¢ | 61740 | ||||
| If the price exceeds one dollar, the tax is six cents on each | 61741 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 61742 |
| by not more than seventeen cents, the amount of tax is six cents | 61743 |
| for each one dollar plus one cent. If the price exceeds one dollar | 61744 |
| or a multiple thereof by more than seventeen cents, the amount of | 61745 |
| tax is six cents for each one dollar plus the amount of tax for | 61746 |
| prices eighteen cents through ninety-nine cents in accordance with | 61747 |
| the schedule above. | 61748 |
| (2) On and after July 1, 2005, and on and before December 31, | 61749 |
| 2005, in accordance with the following schedule: | 61750 |
| If the price | But not | The amount | 61751 | |||||
| is at least | more than | of the tax is | 61752 |
| $ .01 | $ .15 | No tax | 61753 | |||||
| .16 | 1¢ | 61754 | ||||||
| 2¢ | 61755 | |||||||
| 3¢ | 61756 | |||||||
| 4¢ | 61757 | |||||||
| 5¢ | 61758 | |||||||
| .91 | 1.09 | 6¢ | 61759 | |||||
| 1.10 | 1.27 | 7¢ | 61760 | |||||
| 1.28 | 1.46 | 8¢ | 61761 | |||||
| 1.47 | 1.64 | 9¢ | 61762 | |||||
| 1.65 | 1.82 | 10¢ | 61763 | |||||
| 1.83 | 2.00 | 11¢ | 61764 |
| If the price exceeds | 61765 |
| eleven cents on
each | 61766 |
| 61767 | |
| 61768 | |
| each | 61769 |
| 61770 | |
| eighteen cents, the
amount of tax is | 61771 |
| 61772 | |
| 61773 | |
| in accordance with the schedule above. | 61774 |
| (B) On and after July 1, 2003, and on and before June 30, | 61775 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 61776 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 61777 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 61778 |
| accordance with the following schedules: | 61779 |
| (1) When the combined rate of state and local tax is six and | 61780 |
| one-fourth per cent: | 61781 |
| If the price | The amount of | 61782 | |||||
| is at least | But not more than | the tax is | 61783 | ||||
| $ .01 | $ .15 | No tax | 61784 | ||||
| .16 | .16 | 1¢ | 61785 | ||||
| .17 | .32 | 2¢ | 61786 | ||||
| .33 | .48 | 3¢ | 61787 | ||||
| .49 | .64 | 4¢ | 61788 | ||||
| .65 | .80 | 5¢ | 61789 | ||||
| .81 | .96 | 6¢ | 61790 | ||||
| .97 | 1.12 | 7¢ | 61791 | ||||
| 1.13 | 1.28 | 8¢ | 61792 | ||||
| 1.29 | 1.44 | 9¢ | 61793 | ||||
| 1.45 | 1.60 | 10¢ | 61794 | ||||
| 1.61 | 1.76 | 11¢ | 61795 | ||||
| 1.77 | 1.92 | 12¢ | 61796 | ||||
| 1.93 | 2.08 | 13¢ | 61797 | ||||
| 2.09 | 2.24 | 14¢ | 61798 | ||||
| 2.25 | 2.40 | 15¢ | 61799 | ||||
| 2.41 | 2.56 | 16¢ | 61800 | ||||
| 2.57 | 2.72 | 17¢ | 61801 | ||||
| 2.73 | 2.88 | 18¢ | 61802 | ||||
| 2.89 | 3.04 | 19¢ | 61803 | ||||
| 3.05 | 3.20 | 20¢ | 61804 | ||||
| 3.21 | 3.36 | 21¢ | 61805 | ||||
| 3.37 | 3.52 | 22¢ | 61806 | ||||
| 3.53 | 3.68 | 23¢ | 61807 | ||||
| 3.69 | 3.84 | 24¢ | 61808 | ||||
| 3.85 | 4.00 | 25¢ | 61809 | ||||
| If the price exceeds four dollars, the tax is twenty-five | 61810 |
| cents on each four dollars. If the price exceeds four dollars or a | 61811 |
| multiple thereof by not more than sixteen cents, the amount of tax | 61812 |
| is twenty-five cents for each four dollars plus one cent. If the | 61813 |
| price exceeds four dollars or a multiple thereof by more than | 61814 |
| sixteen cents, the amount of tax is twenty-five cents for each | 61815 |
| four dollars plus the amount of tax for prices seventeen cents | 61816 |
| through three dollars and ninety-nine cents in accordance with the | 61817 |
| schedule above. | 61818 |
| (2) When the combined rate of state and local tax is six and | 61819 |
| one-half per cent: | 61820 |
| If the price | The amount of | 61821 | |||||
| is at least | But not more than | the tax is | 61822 | ||||
| $ .01 | $ .15 | No tax | 61823 | ||||
| .16 | .30 | 2¢ | 61824 | ||||
| .31 | .46 | 3¢ | 61825 | ||||
| .47 | .61 | 4¢ | 61826 | ||||
| .62 | .76 | 5¢ | 61827 | ||||
| .77 | .92 | 6¢ | 61828 | ||||
| .93 | 1.07 | 7¢ | 61829 | ||||
| 1.08 | 1.23 | 8¢ | 61830 | ||||
| 1.24 | 1.38 | 9¢ | 61831 | ||||
| 1.39 | 1.53 | 10¢ | 61832 | ||||
| 1.54 | 1.69 | 11¢ | 61833 | ||||
| 1.70 | 1.84 | 12¢ | 61834 | ||||
| 1.85 | 2.00 | 13¢ | 61835 | ||||
| If the price exceeds two dollars, the tax is thirteen cents | 61836 |
| on each two dollars. If the price exceeds two dollars or a | 61837 |
| multiple thereof by not more than fifteen cents, the amount of tax | 61838 |
| is thirteen cents for each two dollars plus one cent. If the price | 61839 |
| exceeds two dollars or a multiple thereof by more than fifteen | 61840 |
| cents, the amount of tax is thirteen cents for each two dollars | 61841 |
| plus the amount of tax for prices sixteen cents through one dollar | 61842 |
| and ninety-nine cents in accordance with the schedule above. | 61843 |
| (3) When the combined rate of state and local tax is six and | 61844 |
| three-fourths per cent: | 61845 |
| If the price | The amount of | 61846 | |||||
| is at least | But not more than | the tax is | 61847 | ||||
| $ .01 | $ .15 | No tax | 61848 | ||||
| .16 | .29 | 2¢ | 61849 | ||||
| .30 | .44 | 3¢ | 61850 | ||||
| .45 | .59 | 4¢ | 61851 | ||||
| .60 | .74 | 5¢ | 61852 | ||||
| .75 | .88 | 6¢ | 61853 | ||||
| .89 | 1.03 | 7¢ | 61854 | ||||
| 1.04 | 1.18 | 8¢ | 61855 | ||||
| 1.19 | 1.33 | 9¢ | 61856 | ||||
| 1.34 | 1.48 | 10¢ | 61857 | ||||
| 1.49 | 1.62 | 11¢ | 61858 | ||||
| 1.63 | 1.77 | 12¢ | 61859 | ||||
| 1.78 | 1.92 | 13¢ | 61860 | ||||
| 1.93 | 2.07 | 14¢ | 61861 | ||||
| 2.08 | 2.22 | 15¢ | 61862 | ||||
| 2.23 | 2.37 | 16¢ | 61863 | ||||
| 2.38 | 2.51 | 17¢ | 61864 | ||||
| 2.52 | 2.66 | 18¢ | 61865 | ||||
| 2.67 | 2.81 | 19¢ | 61866 | ||||
| 2.82 | 2.96 | 20¢ | 61867 | ||||
| 2.97 | 3.11 | 21¢ | 61868 | ||||
| 3.12 | 3.25 | 22¢ | 61869 | ||||
| 3.26 | 3.40 | 23¢ | 61870 | ||||
| 3.41 | 3.55 | 24¢ | 61871 | ||||
| 3.56 | 3.70 | 25¢ | 61872 | ||||
| 3.71 | 3.85 | 26¢ | 61873 | ||||
| 3.86 | 4.00 | 27¢ | 61874 | ||||
| If the price exceeds four dollars, the tax is twenty-seven | 61875 |
| cents on each four dollars. If the price exceeds four dollars or a | 61876 |
| multiple thereof by not more than fourteen cents, the amount of | 61877 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 61878 |
| the price exceeds four dollars or a multiple thereof by more than | 61879 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 61880 |
| is twenty-seven cents for each four dollars plus two cents. If the | 61881 |
| price exceeds four dollars or a multiple thereof by more than | 61882 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 61883 |
| four dollars plus the amount of tax for prices thirty cents | 61884 |
| through three dollars and ninety-nine cents in accordance with the | 61885 |
| schedule above. | 61886 |
| (4) When the combined rate of state and local tax is seven | 61887 |
| per cent: | 61888 |
| If the price | The amount of | 61889 | |||||
| is at least | But not more than | the tax is | 61890 | ||||
| $ .01 | $ .15 | No tax | 61891 | ||||
| .16 | .28 | 2¢ | 61892 | ||||
| .29 | .42 | 3¢ | 61893 | ||||
| .43 | .57 | 4¢ | 61894 | ||||
| .58 | .71 | 5¢ | 61895 | ||||
| .72 | .85 | 6¢ | 61896 | ||||
| .86 | 1.00 | 7¢ | 61897 | ||||
| If the price exceeds one dollar, the tax is seven cents on | 61898 |
| each one dollar. If the price exceeds one dollar or a multiple | 61899 |
| thereof by not more than fifteen cents, the amount of tax is seven | 61900 |
| cents for each one dollar plus one cent. If the price exceeds one | 61901 |
| dollar or a multiple thereof by more than fifteen cents, the | 61902 |
| amount of tax is seven cents for each one dollar plus the amount | 61903 |
| of tax for prices sixteen cents through ninety-nine cents in | 61904 |
| accordance with the schedule above. | 61905 |
| (5) When the combined rate of state and local tax is seven | 61906 |
| and one-fourth per cent: | 61907 |
| If the price | The amount of | 61908 | |||||
| is at least | But not more than | the tax is | 61909 | ||||
| $ .01 | $ .15 | No tax | 61910 | ||||
| .16 | .27 | 2¢ | 61911 | ||||
| .28 | .41 | 3¢ | 61912 | ||||
| .42 | .55 | 4¢ | 61913 | ||||
| .56 | .68 | 5¢ | 61914 | ||||
| .69 | .82 | 6¢ | 61915 | ||||
| .83 | .96 | 7¢ | 61916 | ||||
| .97 | 1.10 | 8¢ | 61917 | ||||
| 1.11 | 1.24 | 9¢ | 61918 | ||||
| 1.25 | 1.37 | 10¢ | 61919 | ||||
| 1.38 | 1.51 | 11¢ | 61920 | ||||
| 1.52 | 1.65 | 12¢ | 61921 | ||||
| 1.66 | 1.79 | 13¢ | 61922 | ||||
| 1.80 | 1.93 | 14¢ | 61923 | ||||
| 1.94 | 2.06 | 15¢ | 61924 | ||||
| 2.07 | 2.20 | 16¢ | 61925 | ||||
| 2.21 | 2.34 | 17¢ | 61926 | ||||
| 2.35 | 2.48 | 18¢ | 61927 | ||||
| 2.49 | 2.62 | 19¢ | 61928 | ||||
| 2.63 | 2.75 | 20¢ | 61929 | ||||
| 2.76 | 2.89 | 21¢ | 61930 | ||||
| 2.90 | 3.03 | 22¢ | 61931 | ||||
| 3.04 | 3.17 | 23¢ | 61932 | ||||
| 3.18 | 3.31 | 24¢ | 61933 | ||||
| 3.32 | 3.44 | 25¢ | 61934 | ||||
| 3.45 | 3.58 | 26¢ | 61935 | ||||
| 3.59 | 3.72 | 27¢ | 61936 | ||||
| 3.73 | 3.86 | 28¢ | 61937 | ||||
| 3.87 | 4.00 | 29¢ | 61938 | ||||
| If the price exceeds four dollars, the tax is twenty-nine | 61939 |
| cents on each four dollars. If the price exceeds four dollars or a | 61940 |
| multiple thereof by not more than thirteen cents, the amount of | 61941 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 61942 |
| the price exceeds four dollars or a multiple thereof by more than | 61943 |
| thirteen cents but by not more than twenty-seven cents, the amount | 61944 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 61945 |
| If the price exceeds four dollars or a multiple thereof by more | 61946 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 61947 |
| for each four dollars plus the amount of tax for prices | 61948 |
| twenty-eight cents through three dollars and ninety-nine cents in | 61949 |
| accordance with the schedule above. | 61950 |
| (6) When the combined rate of state and local tax is seven | 61951 |
| and one-half per cent: | 61952 |
| If the price | The amount of | 61953 | |||||
| is at least | But not more than | the tax is | 61954 | ||||
| $ .01 | $ .15 | No tax | 61955 | ||||
| .16 | .26 | 2¢ | 61956 | ||||
| .27 | .40 | 3¢ | 61957 | ||||
| .41 | .53 | 4¢ | 61958 | ||||
| .54 | .65 | 5¢ | 61959 | ||||
| .66 | .80 | 6¢ | 61960 | ||||
| .81 | .93 | 7¢ | 61961 | ||||
| .94 | 1.06 | 8¢ | 61962 | ||||
| 1.07 | 1.20 | 9¢ | 61963 | ||||
| 1.21 | 1.33 | 10¢ | 61964 | ||||
| 1.34 | 1.46 | 11¢ | 61965 | ||||
| 1.47 | 1.60 | 12¢ | 61966 | ||||
| 1.61 | 1.73 | 13¢ | 61967 | ||||
| 1.74 | 1.86 | 14¢ | 61968 | ||||
| 1.87 | 2.00 | 15¢ | 61969 | ||||
| If the price exceeds two dollars, the tax is fifteen cents on | 61970 |
| each two dollars. If the price exceeds two dollars or a multiple | 61971 |
| thereof by not more than fifteen cents, the amount of tax is | 61972 |
| fifteen cents for each two dollars plus one cent. If the price | 61973 |
| exceeds two dollars or a multiple thereof by more than fifteen | 61974 |
| cents, the amount of tax is fifteen cents for each two dollars | 61975 |
| plus the amount of tax for prices sixteen cents through one dollar | 61976 |
| and ninety-nine cents in accordance with the schedule above. | 61977 |
| (7) When the combined rate of state and local tax is seven | 61978 |
| and three-fourths per cent: | 61979 |
| If the price | The amount of | 61980 | |||||
| is at least | But not more than | the tax is | 61981 | ||||
| $ .01 | $ .15 | No tax | 61982 | ||||
| .16 | .25 | 2¢ | 61983 | ||||
| .26 | .38 | 3¢ | 61984 | ||||
| .39 | .51 | 4¢ | 61985 | ||||
| .52 | .64 | 5¢ | 61986 | ||||
| .65 | .77 | 6¢ | 61987 | ||||
| .78 | .90 | 7¢ | 61988 | ||||
| .91 | 1.03 | 8¢ | 61989 | ||||
| 1.04 | 1.16 | 9¢ | 61990 | ||||
| 1.17 | 1.29 | 10¢ | 61991 | ||||
| 1.30 | 1.41 | 11¢ | 61992 | ||||
| 1.42 | 1.54 | 12¢ | 61993 | ||||
| 1.55 | 1.67 | 13¢ | 61994 | ||||
| 1.68 | 1.80 | 14¢ | 61995 | ||||
| 1.81 | 1.93 | 15¢ | 61996 | ||||
| 1.94 | 2.06 | 16¢ | 61997 | ||||
| 2.07 | 2.19 | 17¢ | 61998 | ||||
| 2.20 | 2.32 | 18¢ | 61999 | ||||
| 2.33 | 2.45 | 19¢ | 62000 | ||||
| 2.46 | 2.58 | 20¢ | 62001 | ||||
| 2.59 | 2.70 | 21¢ | 62002 | ||||
| 2.71 | 2.83 | 22¢ | 62003 | ||||
| 2.84 | 2.96 | 23¢ | 62004 | ||||
| 2.97 | 3.09 | 24¢ | 62005 | ||||
| 3.10 | 3.22 | 25¢ | 62006 | ||||
| 3.23 | 3.35 | 26¢ | 62007 | ||||
| 3.36 | 3.48 | 27¢ | 62008 | ||||
| 3.49 | 3.61 | 28¢ | 62009 | ||||
| 3.62 | 3.74 | 29¢ | 62010 | ||||
| 3.75 | 3.87 | 30¢ | 62011 | ||||
| 3.88 | 4.00 | 31¢ | 62012 | ||||
| If the price exceeds four dollars, the tax is thirty-one | 62013 |
| cents on each four dollars. If the price exceeds four dollars or a | 62014 |
| multiple thereof by not more than twelve cents, the amount of tax | 62015 |
| is thirty-one cents for each four dollars plus one cent. If the | 62016 |
| price exceeds four dollars or a multiple thereof by more than | 62017 |
| twelve cents but by not more than twenty-five cents, the amount of | 62018 |
| tax is thirty-one cents for each four dollars plus two cents. If | 62019 |
| the price exceeds four dollars or a multiple thereof by more than | 62020 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 62021 |
| four dollars plus the amount of tax for prices twenty-six cents | 62022 |
| through three dollars and ninety-nine cents in accordance with the | 62023 |
| schedule above. | 62024 |
| (8) When the combined rate of state and local tax is eight | 62025 |
| per cent: | 62026 |
| If the price | The amount of | 62027 | |||||
| is at least | But not more than | the tax is | 62028 | ||||
| $ .01 | $ .15 | No tax | 62029 | ||||
| .16 | .25 | 2¢ | 62030 | ||||
| .26 | .37 | 3¢ | 62031 | ||||
| .38 | .50 | 4¢ | 62032 | ||||
| .51 | .62 | 5¢ | 62033 | ||||
| .63 | .75 | 6¢ | 62034 | ||||
| .76 | .87 | 7¢ | 62035 | ||||
| .88 | 1.00 | 8¢ | 62036 | ||||
| If the price exceeds one dollar, the tax is eight cents on | 62037 |
| each one dollar. If the price exceeds one dollar or a multiple | 62038 |
| thereof by not more than twelve cents, the amount of tax is eight | 62039 |
| cents for each one dollar plus one cent. If the price exceeds one | 62040 |
| dollar or a multiple thereof by more than twelve cents but not | 62041 |
| more than twenty-five cents, the amount of tax is eight cents for | 62042 |
| each one dollar plus two cents. If the price exceeds one dollar or | 62043 |
| a multiple thereof by more than twenty-five cents, the amount of | 62044 |
| tax is eight cents for each one dollar plus the amount of tax for | 62045 |
| prices twenty-six cents through ninety-nine cents in accordance | 62046 |
| with the schedule above. | 62047 |
| (9) When the combined rate of state and local tax is eight | 62048 |
| and one-fourth per cent: | 62049 |
| If the price | The amount of | 62050 | |||||
| is at least | But not more than | the tax is | 62051 | ||||
| $ .01 | $ .15 | No tax | 62052 | ||||
| .16 | .24 | 2¢ | 62053 | ||||
| .25 | .36 | 3¢ | 62054 | ||||
| .37 | .48 | 4¢ | 62055 | ||||
| .49 | .60 | 5¢ | 62056 | ||||
| .61 | .72 | 6¢ | 62057 | ||||
| .73 | .84 | 7¢ | 62058 | ||||
| .85 | .96 | 8¢ | 62059 | ||||
| .97 | 1.09 | 9¢ | 62060 | ||||
| 1.10 | 1.21 | 10¢ | 62061 | ||||
| 1.22 | 1.33 | 11¢ | 62062 | ||||
| 1.34 | 1.45 | 12¢ | 62063 | ||||
| 1.46 | 1.57 | 13¢ | 62064 | ||||
| 1.58 | 1.69 | 14¢ | 62065 | ||||
| 1.70 | 1.81 | 15¢ | 62066 | ||||
| 1.82 | 1.93 | 16¢ | 62067 | ||||
| 1.94 | 2.06 | 17¢ | 62068 | ||||
| 2.07 | 2.18 | 18¢ | 62069 | ||||
| 2.19 | 2.30 | 19¢ | 62070 | ||||
| 2.31 | 2.42 | 20¢ | 62071 | ||||
| 2.43 | 2.54 | 21¢ | 62072 | ||||
| 2.55 | 2.66 | 22¢ | 62073 | ||||
| 2.67 | 2.78 | 23¢ | 62074 | ||||
| 2.79 | 2.90 | 24¢ | 62075 | ||||
| 2.91 | 3.03 | 25¢ | 62076 | ||||
| 3.04 | 3.15 | 26¢ | 62077 | ||||
| 3.16 | 3.27 | 27¢ | 62078 | ||||
| 3.28 | 3.39 | 28¢ | 62079 | ||||
| 3.40 | 3.51 | 29¢ | 62080 | ||||
| 3.52 | 3.63 | 30¢ | 62081 | ||||
| 3.64 | 3.75 | 31¢ | 62082 | ||||
| 3.76 | 3.87 | 32¢ | 62083 | ||||
| 3.88 | 4.00 | 33¢ | 62084 | ||||
| If the price exceeds four dollars, the tax is thirty-three | 62085 |
| cents on each four dollars. If the price exceeds four dollars or a | 62086 |
| multiple thereof by not more than eleven cents, the amount of tax | 62087 |
| is thirty-three cents for each four dollars plus one cent. If the | 62088 |
| price exceeds four dollars or a multiple thereof by more than | 62089 |
| eleven cents but by not more than twenty-four cents, the amount of | 62090 |
| tax is thirty-three cents for each four dollars plus two cents. If | 62091 |
| the price exceeds four dollars or a multiple thereof by more than | 62092 |
| twenty-four cents, the amount of tax is thirty-three cents for | 62093 |
| each four dollars plus the amount of tax for prices twenty-six | 62094 |
| cents through three dollars and ninety-nine cents in accordance | 62095 |
| with the schedule above. | 62096 |
| (10) When the combined rate of state and local tax is eight | 62097 |
| and one-half per cent: | 62098 |
| If the price | The amount of | 62099 | |||||
| is at least | But not more than | the tax is | 62100 | ||||
| $ .01 | $ .15 | No tax | 62101 | ||||
| .16 | .23 | 2¢ | 62102 | ||||
| .24 | .35 | 3¢ | 62103 | ||||
| .36 | .47 | 4¢ | 62104 | ||||
| .48 | .58 | 5¢ | 62105 | ||||
| .59 | .70 | 6¢ | 62106 | ||||
| .71 | .82 | 7¢ | 62107 | ||||
| .83 | .94 | 8¢ | 62108 | ||||
| .95 | 1.05 | 9¢ | 62109 | ||||
| 1.06 | 1.17 | 10¢ | 62110 | ||||
| 1.18 | 1.29 | 11¢ | 62111 | ||||
| 1.30 | 1.41 | 12¢ | 62112 | ||||
| 1.42 | 1.52 | 13¢ | 62113 | ||||
| 1.53 | 1.64 | 14¢ | 62114 | ||||
| 1.65 | 1.76 | 15¢ | 62115 | ||||
| 1.77 | 1.88 | 16¢ | 62116 | ||||
| 1.89 | 2.00 | 17¢ | 62117 | ||||
| If the price exceeds two dollars, the tax is seventeen cents | 62118 |
| on each two dollars. If the price exceeds two dollars or a | 62119 |
| multiple thereof by not more than eleven cents, the amount of tax | 62120 |
| is seventeen cents for each two dollars plus one cent. If the | 62121 |
| price exceeds two dollars or a multiple thereof by more than | 62122 |
| eleven cents but by not more than twenty-three cents, the amount | 62123 |
| of tax is seventeen cents for each two dollars plus two cents. If | 62124 |
| the price exceeds two dollars or a multiple thereof by more than | 62125 |
| twenty-three cents, the amount of tax is seventeen cents for each | 62126 |
| two dollars plus the amount of tax for prices twenty-four cents | 62127 |
| through one dollar and ninety-nine cents in accordance with the | 62128 |
| schedule above. | 62129 |
| (11) When the combined rate of state and local tax is eight | 62130 |
| and three-fourths per cent: | 62131 |
| If the price | The amount of | 62132 | |||||
| is at least | But not more than | the tax is | 62133 | ||||
| $ .01 | $ .15 | No tax | 62134 | ||||
| .16 | .22 | 2¢ | 62135 | ||||
| .23 | .34 | 3¢ | 62136 | ||||
| .35 | .45 | 4¢ | 62137 | ||||
| .46 | .57 | 5¢ | 62138 | ||||
| .58 | .68 | 6¢ | 62139 | ||||
| .69 | .80 | 7¢ | 62140 | ||||
| .81 | .91 | 8¢ | 62141 | ||||
| .92 | 1.02 | 9¢ | 62142 | ||||
| 1.03 | 1.14 | 10¢ | 62143 | ||||
| 1.15 | 1.25 | 11¢ | 62144 | ||||
| 1.26 | 1.37 | 12¢ | 62145 | ||||
| 1.38 | 1.48 | 13¢ | 62146 | ||||
| 1.49 | 1.60 | 14¢ | 62147 | ||||
| 1.61 | 1.71 | 15¢ | 62148 | ||||
| 1.72 | 1.82 | 16¢ | 62149 | ||||
| 1.83 | 1.94 | 17¢ | 62150 | ||||
| 1.95 | 2.05 | 18¢ | 62151 | ||||
| 2.06 | 2.17 | 19¢ | 62152 | ||||
| 2.18 | 2.28 | 20¢ | 62153 | ||||
| 2.29 | 2.40 | 21¢ | 62154 | ||||
| 2.41 | 2.51 | 22¢ | 62155 | ||||
| 2.52 | 2.62 | 23¢ | 62156 | ||||
| 2.63 | 2.74 | 24¢ | 62157 | ||||
| 2.75 | 2.85 | 25¢ | 62158 | ||||
| 2.86 | 2.97 | 26¢ | 62159 | ||||
| 2.98 | 3.08 | 27¢ | 62160 | ||||
| 3.09 | 3.20 | 28¢ | 62161 | ||||
| 3.21 | 3.31 | 29¢ | 62162 | ||||
| 3.32 | 3.42 | 30¢ | 62163 | ||||
| 3.43 | 3.54 | 31¢ | 62164 | ||||
| 3.55 | 3.65 | 32¢ | 62165 | ||||
| 3.66 | 3.77 | 33¢ | 62166 | ||||
| 3.78 | 3.88 | 34¢ | 62167 | ||||
| 3.89 | 4.00 | 35¢ | 62168 | ||||
| If the price exceeds four dollars, the tax is thirty-five | 62169 |
| cents on each four dollars. If the price exceeds four dollars or a | 62170 |
| multiple thereof by not more than eleven cents, the amount of tax | 62171 |
| is thirty-five cents for each four dollars plus one cent. If the | 62172 |
| price exceeds four dollars or a multiple thereof by more than | 62173 |
| eleven cents but by not more than twenty-two cents, the amount of | 62174 |
| tax is thirty-five cents for each four dollars plus two cents. If | 62175 |
| the price exceeds four dollars or a multiple thereof by more than | 62176 |
| twenty-two cents, the amount of tax is thirty-five cents for each | 62177 |
| four dollars plus the amount of tax for prices twenty-three cents | 62178 |
| through three dollars and ninety-nine cents in accordance with the | 62179 |
| schedule above. | 62180 |
| (12) When the combined rate of state and local tax is nine | 62181 |
| per cent: | 62182 |
| If the price | The amount of | 62183 | |||||
| is at least | But not more than | the tax is | 62184 | ||||
| $ .01 | $ .15 | No tax | 62185 | ||||
| .16 | .22 | 2¢ | 62186 | ||||
| .23 | .33 | 3¢ | 62187 | ||||
| .34 | .44 | 4¢ | 62188 | ||||
| .45 | .55 | 5¢ | 62189 | ||||
| .56 | .66 | 6¢ | 62190 | ||||
| .67 | .77 | 7¢ | 62191 | ||||
| .78 | .88 | 8¢ | 62192 | ||||
| .89 | 1.00 | 9¢ | 62193 | ||||
| If the price exceeds one dollar, the tax is nine cents on | 62194 |
| each one dollar. If the price exceeds one dollar or a multiple | 62195 |
| thereof by not more than eleven cents, the amount of tax is nine | 62196 |
| cents for each one dollar plus one cent. If the price exceeds one | 62197 |
| dollar or a multiple thereof by more than eleven cents but by not | 62198 |
| more than twenty-two cents, the amount of tax is nine cents for | 62199 |
| each one dollar plus two cents. If the price exceeds one dollar or | 62200 |
| a multiple thereof by more than twenty-two cents, the amount of | 62201 |
| tax is nine cents for each one dollar plus the amount of tax for | 62202 |
| prices twenty-three cents through ninety-nine cents in accordance | 62203 |
| with the schedule above. | 62204 |
| (C) On and after July 1, 2005, and on and before December 31, | 62205 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 62206 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 62207 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 62208 |
| accordance with the following schedules: | 62209 |
| (1) When the total rate of local tax is one-fourth per cent: | 62210 |
| 62211 | ||||||||
| 62212 |
| 62213 | ||||||||
| 62214 | ||||||||
| 62215 | ||||||||
| 62216 | ||||||||
| 62217 | ||||||||
| 62218 | ||||||||
| 62219 | ||||||||
| 62220 | ||||||||
| 62221 | ||||||||
| 62222 | ||||||||
| 62223 | ||||||||
| 62224 | ||||||||
| 62225 | ||||||||
| 62226 | ||||||||
| 62227 | ||||||||
| 62228 | ||||||||
| 62229 | ||||||||
| 62230 | ||||||||
| 62231 | ||||||||
| 62232 | ||||||||
| 62233 | ||||||||
| 62234 |
| | 62235 |
| 62236 | |
| 62237 | |
| 62238 | |
| 62239 | |
| 62240 | |
| 62241 | |
| 62242 | |
| 62243 |
| | 62244 |
| 62245 | ||||||||
| 62246 |
| 62247 | ||||||||
| 62248 | ||||||||
| 62249 | ||||||||
| 62250 | ||||||||
| 62251 | ||||||||
| 62252 | ||||||||
| 62253 | ||||||||
| 62254 | ||||||||
| 62255 | ||||||||
| 62256 | ||||||||
| 62257 | ||||||||
| 62258 |
| | 62259 |
| 62260 | |
| 62261 | |
| 62262 | |
| 62263 | |
| 62264 | |
| 62265 | |
| 62266 |
| | 62267 |
| 62268 |
| If the price | But not | The amount | 62269 | |||||
| is at least | more than | of the tax is | 62270 |
| $ .01 | $ .15 | No tax | 62271 | |||||
| .16 | .17 | 1¢ | 62272 | |||||
| .18 | .34 | 2¢ | 62273 | |||||
| .35 | .52 | 3¢ | 62274 | |||||
| .53 | .69 | 4¢ | 62275 | |||||
| .70 | .86 | 5¢ | 62276 | |||||
| .87 | 1.04 | 6¢ | 62277 | |||||
| 1.05 | 1.21 | 7¢ | 62278 | |||||
| 1.22 | 1.39 | 8¢ | 62279 | |||||
| 1.40 | 1.56 | 9¢ | 62280 | |||||
| 1.57 | 1.73 | 10¢ | 62281 | |||||
| 1.74 | 1.91 | 11¢ | 62282 | |||||
| 1.92 | 2.08 | 12¢ | 62283 | |||||
| 2.09 | 2.26 | 13¢ | 62284 | |||||
| 2.27 | 2.43 | 14¢ | 62285 | |||||
| 2.44 | 2.60 | 15¢ | 62286 | |||||
| 2.61 | 2.78 | 16¢ | 62287 | |||||
| 2.79 | 2.95 | 17¢ | 62288 | |||||
| 2.96 | 3.13 | 18¢ | 62289 | |||||
| 3.14 | 3.30 | 19¢ | 62290 | |||||
| 3.31 | 3.47 | 20¢ | 62291 | |||||
| 3.48 | 3.65 | 21¢ | 62292 | |||||
| 3.66 | 3.82 | 22¢ | 62293 | |||||
| 3.83 | 4.00 | 23¢ | 62294 |
| If the price exceeds four dollars, the tax is twenty-three | 62295 |
| cents on each four dollars. If the price exceeds four dollars or a | 62296 |
| multiple thereof by not more than seventeen cents, the amount of | 62297 |
| tax is twenty-three cents for each four dollars plus one cent. If | 62298 |
| the price exceeds four dollars or a multiple thereof by more than | 62299 |
| seventeen cents, the amount of tax is twenty-three cents for each | 62300 |
| four dollars plus the amount of tax for prices eighteen cents | 62301 |
| through three dollars and ninety-nine cents in accordance with the | 62302 |
| schedule above. | 62303 |
| | 62304 |
| per cent: | 62305 |
| If the price | But not | The amount | 62306 | |||||
| is at least | more than | of the tax is | 62307 |
| $ .01 | $ .15 | No tax | 62308 | |||||
| .16 | .17 | 1¢ | 62309 | |||||
| .18 | .34 | 2¢ | 62310 | |||||
| .35 | .50 | 3¢ | 62311 | |||||
| .51 | .67 | 4¢ | 62312 | |||||
| .68 | .83 | 5¢ | 62313 | |||||
| .84 | 1.00 | 6¢ | 62314 |
| If the price exceeds one dollar, the tax is six cents on each | 62315 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 62316 |
| by not more than seventeen cents, the amount of tax is six cents | 62317 |
| for each one dollar plus one cent. If the price exceeds one dollar | 62318 |
| or a multiple thereof by more than seventeen cents, the amount of | 62319 |
| tax is six cents for each one dollar plus the amount of tax for | 62320 |
| prices eighteen cents through ninety-nine cents in accordance with | 62321 |
| the schedule above. | 62322 |
| | 62323 |
| 62324 |
| If the price | But not | The amount | 62325 | |||||
| is at least | more than | of the tax is | 62326 |
| $ .01 | $ .15 | No tax | 62327 | |||||
| .16 | .16 | 1¢ | 62328 | |||||
| .17 | .32 | 2¢ | 62329 | |||||
| .33 | .48 | 3¢ | 62330 | |||||
| .49 | .64 | 4¢ | 62331 | |||||
| .65 | .80 | 5¢ | 62332 | |||||
| .81 | .96 | 6¢ | 62333 | |||||
| .97 | 1.12 | 7¢ | 62334 | |||||
| 1.13 | 1.28 | 8¢ | 62335 | |||||
| 1.29 | 1.44 | 9¢ | 62336 | |||||
| 1.45 | 1.60 | 10¢ | 62337 | |||||
| 1.61 | 1.76 | 11¢ | 62338 | |||||
| 1.77 | 1.92 | 12¢ | 62339 | |||||
| 1.93 | 2.08 | 13¢ | 62340 | |||||
| 2.09 | 2.24 | 14¢ | 62341 | |||||
| 2.25 | 2.40 | 15¢ | 62342 | |||||
| 2.41 | 2.56 | 16¢ | 62343 | |||||
| 2.57 | 2.72 | 17¢ | 62344 | |||||
| 2.73 | 2.88 | 18¢ | 62345 | |||||
| 2.89 | 3.04 | 19¢ | 62346 | |||||
| 3.05 | 3.20 | 20¢ | 62347 | |||||
| 3.21 | 3.36 | 21¢ | 62348 | |||||
| 3.37 | 3.52 | 22¢ | 62349 | |||||
| 3.53 | 3.68 | 23¢ | 62350 | |||||
| 3.69 | 3.84 | 24¢ | 62351 | |||||
| 3.85 | 4.00 | 25¢ | 62352 |
| If the price exceeds four dollars, the tax is twenty-five | 62353 |
| cents on each four dollars. If the price exceeds four dollars or a | 62354 |
| multiple thereof by not more than sixteen cents, the amount of tax | 62355 |
| is twenty-five cents for each four dollars plus one cent. If the | 62356 |
| price exceeds four dollars or a multiple thereof by more than | 62357 |
| sixteen cents, the amount of tax is twenty-five cents for each | 62358 |
| four dollars plus the amount of tax for prices seventeen cents | 62359 |
| through three dollars and ninety-nine cents in accordance with the | 62360 |
| schedule above. | 62361 |
| | 62362 |
| 62363 |
| If the price | But not | The amount | 62364 | |||||
| is at least | more than | of the tax is | 62365 |
| $ .01 | $ .15 | No tax | 62366 | |||||
| .16 | .30 | 2¢ | 62367 | |||||
| .31 | .46 | 3¢ | 62368 | |||||
| .47 | .61 | 4¢ | 62369 | |||||
| .62 | .76 | 5¢ | 62370 | |||||
| .77 | .92 | 6¢ | 62371 | |||||
| .93 | 1.07 | 7¢ | 62372 | |||||
| 1.08 | 1.23 | 8¢ | 62373 | |||||
| 1.24 | 1.38 | 9¢ | 62374 | |||||
| 1.39 | 1.53 | 10¢ | 62375 | |||||
| 1.54 | 1.69 | 11¢ | 62376 | |||||
| 1.70 | 1.84 | 12¢ | 62377 | |||||
| 1.85 | 2.00 | 13¢ | 62378 |
| If the price exceeds two dollars, the tax is thirteen cents | 62379 |
| on each two dollars. If the price exceeds two dollars or a | 62380 |
| multiple thereof by not more than fifteen cents, the amount of tax | 62381 |
| is thirteen cents for each two dollars plus one cent. If the price | 62382 |
| exceeds two dollars or a multiple thereof by more than fifteen | 62383 |
| cents, the amount of tax is thirteen cents for each two dollars | 62384 |
| plus the amount of tax for prices sixteen cents through one dollar | 62385 |
| and ninety-nine cents in accordance with the schedule above. | 62386 |
| | 62387 |
| 62388 |
| If the price | But not | The amount | 62389 | |||||
| is at least | more than | of the tax is | 62390 |
| $ .01 | $ .15 | No tax | 62391 | |||||
| .16 | .29 | 2¢ | 62392 | |||||
| .30 | .44 | 3¢ | 62393 | |||||
| .45 | .59 | 4¢ | 62394 | |||||
| .60 | .74 | 5¢ | 62395 | |||||
| .75 | .88 | 6¢ | 62396 | |||||
| .89 | 1.03 | 7¢ | 62397 | |||||
| 1.04 | 1.18 | 8¢ | 62398 | |||||
| 1.19 | 1.33 | 9¢ | 62399 | |||||
| 1.34 | 1.48 | 10¢ | 62400 | |||||
| 1.49 | 1.62 | 11¢ | 62401 | |||||
| 1.63 | 1.77 | 12¢ | 62402 | |||||
| 1.78 | 1.92 | 13¢ | 62403 | |||||
| 1.93 | 2.07 | 14¢ | 62404 | |||||
| 2.08 | 2.22 | 15¢ | 62405 | |||||
| 2.23 | 2.37 | 16¢ | 62406 | |||||
| 2.38 | 2.51 | 17¢ | 62407 | |||||
| 2.52 | 2.66 | 18¢ | 62408 | |||||
| 2.67 | 2.81 | 19¢ | 62409 | |||||
| 2.82 | 2.96 | 20¢ | 62410 | |||||
| 2.97 | 3.11 | 21¢ | 62411 | |||||
| 3.12 | 3.25 | 22¢ | 62412 | |||||
| 3.26 | 3.40 | 23¢ | 62413 | |||||
| 3.41 | 3.55 | 24¢ | 62414 | |||||
| 3.56 | 3.70 | 25¢ | 62415 | |||||
| 3.71 | 3.85 | 26¢ | 62416 | |||||
| 3.86 | 4.00 | 27¢ | 62417 |
| If the price exceeds four dollars, the tax is twenty-seven | 62418 |
| cents on each four dollars. If the price exceeds four dollars or a | 62419 |
| multiple thereof by not more than fourteen cents, the amount of | 62420 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 62421 |
| the price exceeds four dollars or a multiple thereof by more than | 62422 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 62423 |
| is twenty-seven cents for each four dollars plus two cents. If the | 62424 |
| price exceeds four dollars or a multiple thereof by more than | 62425 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 62426 |
| four dollars plus the amount of tax for prices thirty cents | 62427 |
| through three dollars and ninety-nine cents in accordance with the | 62428 |
| schedule above. | 62429 |
| | 62430 |
| one-half per cent: | 62431 |
| If the price | But not | The amount | 62432 | |||||
| is at least | more than | of the tax is | 62433 |
| $ .01 | $ .15 | No tax | 62434 | |||||
| .16 | .28 | 2¢ | 62435 | |||||
| .29 | .42 | 3¢ | 62436 | |||||
| .43 | .57 | 4¢ | 62437 | |||||
| .58 | .71 | 5¢ | 62438 | |||||
| .72 | .85 | 6¢ | 62439 | |||||
| .86 | 1.00 | 7¢ | 62440 |
| If the price exceeds one dollar, the tax is seven cents on | 62441 |
| each one dollar. If the price exceeds one dollar or a multiple | 62442 |
| thereof by not more than fifteen cents, the amount of tax is seven | 62443 |
| cents for each one dollar plus one cent. If the price exceeds one | 62444 |
| dollar or a multiple thereof by more than fifteen cents, the | 62445 |
| amount of tax is seven cents for each one dollar plus the amount | 62446 |
| of tax for prices sixteen cents through ninety-nine cents in | 62447 |
| accordance with the schedule above. | 62448 |
| | 62449 |
| 62450 |
| If the price | But not | The amount | 62451 | |||||
| is at least | more than | of the tax is | 62452 |
| $ .01 | $ .15 | No tax | 62453 | |||||
| .16 | .27 | 2¢ | 62454 | |||||
| .28 | .41 | 3¢ | 62455 | |||||
| .42 | .55 | 4¢ | 62456 | |||||
| .56 | .68 | 5¢ | 62457 | |||||
| .69 | .82 | 6¢ | 62458 | |||||
| .83 | .96 | 7¢ | 62459 | |||||
| .97 | 1.10 | 8¢ | 62460 | |||||
| 1.11 | 1.24 | 9¢ | 62461 | |||||
| 1.25 | 1.37 | 10¢ | 62462 | |||||
| 1.38 | 1.51 | 11¢ | 62463 | |||||
| 1.52 | 1.65 | 12¢ | 62464 | |||||
| 1.66 | 1.79 | 13¢ | 62465 | |||||
| 1.80 | 1.93 | 14¢ | 62466 | |||||
| 1.94 | 2.06 | 15¢ | 62467 | |||||
| 2.07 | 2.20 | 16¢ | 62468 | |||||
| 2.21 | 2.34 | 17¢ | 62469 | |||||
| 2.35 | 2.48 | 18¢ | 62470 | |||||
| 2.49 | 2.62 | 19¢ | 62471 | |||||
| 2.63 | 2.75 | 20¢ | 62472 | |||||
| 2.76 | 2.89 | 21¢ | 62473 | |||||
| 2.90 | 3.03 | 22¢ | 62474 | |||||
| 3.04 | 3.17 | 23¢ | 62475 | |||||
| 3.18 | 3.31 | 24¢ | 62476 | |||||
| 3.32 | 3.44 | 25¢ | 62477 | |||||
| 3.45 | 3.58 | 26¢ | 62478 | |||||
| 3.59 | 3.72 | 27¢ | 62479 | |||||
| 3.73 | 3.86 | 28¢ | 62480 | |||||
| 3.87 | 4.00 | 29¢ | 62481 |
| If the price exceeds four dollars, the tax is twenty-nine | 62482 |
| cents on each four dollars. If the price exceeds four dollars or a | 62483 |
| multiple thereof by not more than thirteen cents, the amount of | 62484 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 62485 |
| the price exceeds four dollars or a multiple thereof by more than | 62486 |
| thirteen cents but by not more than twenty-seven cents, the amount | 62487 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 62488 |
| If the price exceeds four dollars or a multiple thereof by more | 62489 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 62490 |
| for each four dollars plus the amount of tax for prices | 62491 |
| twenty-eight cents through three dollars and ninety-nine cents in | 62492 |
| accordance with the schedule above. | 62493 |
| | 62494 |
| 62495 |
| If the price | But not | The amount | 62496 | |||||
| is at least | more than | of the tax is | 62497 |
| $ .01 | $ .15 | No tax | 62498 | |||||
| .16 | .26 | 2¢ | 62499 | |||||
| .27 | .40 | 3¢ | 62500 | |||||
| .41 | .53 | 4¢ | 62501 | |||||
| .54 | .65 | 5¢ | 62502 | |||||
| .66 | .80 | 6¢ | 62503 | |||||
| .81 | .93 | 7¢ | 62504 | |||||
| .94 | 1.06 | 8¢ | 62505 | |||||
| 1.07 | 1.20 | 9¢ | 62506 | |||||
| 1.21 | 1.33 | 10¢ | 62507 | |||||
| 1.34 | 1.46 | 11¢ | 62508 | |||||
| 1.47 | 1.60 | 12¢ | 62509 | |||||
| 1.61 | 1.73 | 13¢ | 62510 | |||||
| 1.74 | 1.86 | 14¢ | 62511 | |||||
| 1.87 | 2.00 | 15¢ | 62512 |
| If the price exceeds two dollars, the tax is fifteen cents on | 62513 |
| each two dollars. If the price exceeds two dollars or a multiple | 62514 |
| thereof by not more than fifteen cents, the amount of tax is | 62515 |
| fifteen cents for each two dollars plus one cent. If the price | 62516 |
| exceeds two dollars or a multiple thereof by more than fifteen | 62517 |
| cents, the amount of tax is fifteen cents for each two dollars | 62518 |
| plus the amount of tax for prices sixteen cents through one dollar | 62519 |
| and ninety-nine cents in accordance with the schedule above. | 62520 |
| | 62521 |
| 62522 |
| If the price | But not | The amount | 62523 | |||||
| is at least | more than | of the tax is | 62524 |
| $ .01 | $ .15 | No tax | 62525 | |||||
| .16 | .25 | 2¢ | 62526 | |||||
| .26 | .38 | 3¢ | 62527 | |||||
| .39 | .51 | 4¢ | 62528 | |||||
| .52 | .64 | 5¢ | 62529 | |||||
| .65 | .77 | 6¢ | 62530 | |||||
| .78 | .90 | 7¢ | 62531 | |||||
| .91 | 1.03 | 8¢ | 62532 | |||||
| 1.04 | 1.16 | 9¢ | 62533 | |||||
| 1.17 | 1.29 | 10¢ | 62534 | |||||
| 1.30 | 1.41 | 11¢ | 62535 | |||||
| 1.42 | 1.54 | 12¢ | 62536 | |||||
| 1.55 | 1.67 | 13¢ | 62537 | |||||
| 1.68 | 1.80 | 14¢ | 62538 | |||||
| 1.81 | 1.93 | 15¢ | 62539 | |||||
| 1.94 | 2.06 | 16¢ | 62540 | |||||
| 2.07 | 2.19 | 17¢ | 62541 | |||||
| 2.20 | 2.32 | 18¢ | 62542 | |||||
| 2.33 | 2.45 | 19¢ | 62543 | |||||
| 2.46 | 2.58 | 20¢ | 62544 | |||||
| 2.59 | 2.70 | 21¢ | 62545 | |||||
| 2.71 | 2.83 | 22¢ | 62546 | |||||
| 2.84 | 2.96 | 23¢ | 62547 | |||||
| 2.97 | 3.09 | 24¢ | 62548 | |||||
| 3.10 | 3.22 | 25¢ | 62549 | |||||
| 3.23 | 3.35 | 26¢ | 62550 | |||||
| 3.36 | 3.48 | 27¢ | 62551 | |||||
| 3.49 | 3.61 | 28¢ | 62552 | |||||
| 3.62 | 3.74 | 29¢ | 62553 | |||||
| 3.75 | 3.87 | 30¢ | 62554 | |||||
| 3.88 | 4.00 | 31¢ | 62555 |
| If the price exceeds four dollars, the tax is thirty-one | 62556 |
| cents on each four dollars. If the price exceeds four dollars or a | 62557 |
| multiple thereof by not more than twelve cents, the amount of tax | 62558 |
| is thirty-one cents for each four dollars plus one cent. If the | 62559 |
| price exceeds four dollars or a multiple thereof by more than | 62560 |
| twelve cents but not more than twenty-five cents, the amount of | 62561 |
| tax is thirty-one cents for each four dollars plus two cents. If | 62562 |
| the price exceeds four dollars or a multiple thereof by more than | 62563 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 62564 |
| four dollars plus the amount of tax for prices twenty-six cents | 62565 |
| through three dollars and ninety-nine cents in accordance with the | 62566 |
| schedule above. | 62567 |
| | 62568 |
| one-half per cent: | 62569 |
| If the price | But not | The amount | 62570 | |||||
| is at least | more than | of the tax is | 62571 |
| $ .01 | $ .15 | No tax | 62572 | |||||
| .16 | .25 | 2¢ | 62573 | |||||
| .26 | .37 | 3¢ | 62574 | |||||
| .38 | .50 | 4¢ | 62575 | |||||
| .51 | .62 | 5¢ | 62576 | |||||
| .63 | .75 | 6¢ | 62577 | |||||
| .76 | .87 | 7¢ | 62578 | |||||
| .88 | 1.00 | 8¢ | 62579 |
| If the price exceeds one dollar, the tax is eight cents on | 62580 |
| each one dollar. If the price exceeds one dollar or a multiple | 62581 |
| thereof by not more than twelve cents, the amount of tax is eight | 62582 |
| cents for each one dollar plus one cent. If the price exceeds one | 62583 |
| dollar or a multiple thereof by more than twelve cents but not | 62584 |
| more than twenty-five cents, the amount of tax is eight cents for | 62585 |
| each one dollar plus two cents. If the price exceeds one dollar or | 62586 |
| a multiple thereof by more than twenty-five cents, the amount of | 62587 |
| tax is eight cents for each one dollar plus the amount of tax for | 62588 |
| prices twenty-six cents through ninety-nine cents in accordance | 62589 |
| with the schedule above. | 62590 |
| (11) When the combined rate of local tax is two and | 62591 |
| three-fourths per cent: | 62592 |
| If the price | But not | The amount | 62593 | |||||
| is at least | more than | of the tax is | 62594 |
| $ .01 | $ .15 | No tax | 62595 | |||||
| .16 | .24 | 2¢ | 62596 | |||||
| .25 | .36 | 3¢ | 62597 | |||||
| .37 | .48 | 4¢ | 62598 | |||||
| .49 | .60 | 5¢ | 62599 | |||||
| .61 | .72 | 6¢ | 62600 | |||||
| .73 | .84 | 7¢ | 62601 | |||||
| .85 | .96 | 8¢ | 62602 | |||||
| .97 | 1.09 | 9¢ | 62603 | |||||
| 1.10 | 1.21 | 10¢ | 62604 | |||||
| 1.22 | 1.33 | 11¢ | 62605 | |||||
| 1.34 | 1.45 | 12¢ | 62606 | |||||
| 1.46 | 1.57 | 13¢ | 62607 | |||||
| 1.58 | 1.69 | 14¢ | 62608 | |||||
| 1.70 | 1.81 | 15¢ | 62609 | |||||
| 1.82 | 1.93 | 16¢ | 62610 | |||||
| 1.94 | 2.06 | 17¢ | 62611 | |||||
| 2.07 | 2.18 | 18¢ | 62612 | |||||
| 2.19 | 2.30 | 19¢ | 62613 | |||||
| 2.31 | 2.42 | 20¢ | 62614 | |||||
| 2.43 | 2.54 | 21¢ | 62615 | |||||
| 2.55 | 2.66 | 22¢ | 62616 | |||||
| 2.67 | 2.78 | 23¢ | 62617 | |||||
| 2.79 | 2.90 | 24¢ | 62618 | |||||
| 2.91 | 3.03 | 25¢ | 62619 | |||||
| 3.04 | 3.15 | 26¢ | 62620 | |||||
| 3.16 | 3.27 | 27¢ | 62621 | |||||
| 3.28 | 3.39 | 28¢ | 62622 | |||||
| 3.40 | 3.51 | 29¢ | 62623 | |||||
| 3.52 | 3.63 | 30¢ | 62624 | |||||
| 3.64 | 3.75 | 31¢ | 62625 | |||||
| 3.76 | 3.87 | 32¢ | 62626 | |||||
| 3.88 | 4.00 | 33¢ | 62627 |
| If the price exceeds four dollars, the tax is thirty-three | 62628 |
| cents on each four dollars. If the price exceeds four dollars or a | 62629 |
| multiple thereof by not more than eleven cents, the amount of tax | 62630 |
| is thirty-three cents for each four dollars plus one cent. If the | 62631 |
| price exceeds four dollars or a multiple thereof by more than | 62632 |
| eleven cents but not more than twenty-four cents, the amount of | 62633 |
| tax is thirty-three cents for each four dollars plus two cents. If | 62634 |
| the price exceeds four dollars or a multiple thereof by more than | 62635 |
| twenty-four cents, the amount of tax is thirty-three cents for | 62636 |
| each four dollars plus the amount of tax for prices twenty-six | 62637 |
| cents through three dollars and ninety-nine cents in accordance | 62638 |
| with the schedule above. | 62639 |
| (12) When the combined rate of local tax is three per cent: | 62640 |
| If the price | But not | The amount | 62641 | |||||
| is at least | more than | of the tax is | 62642 |
| $ .01 | $ .15 | No tax | 62643 | |||||
| .16 | .23 | 2¢ | 62644 | |||||
| .24 | .35 | 3¢ | 62645 | |||||
| .36 | .47 | 4¢ | 62646 | |||||
| .48 | .58 | 5¢ | 62647 | |||||
| .59 | .70 | 6¢ | 62648 | |||||
| .71 | .82 | 7¢ | 62649 | |||||
| .83 | .94 | 8¢ | 62650 | |||||
| .95 | 1.05 | 9¢ | 62651 | |||||
| 1.06 | 1.17 | 10¢ | 62652 | |||||
| 1.18 | 1.29 | 11¢ | 62653 | |||||
| 1.30 | 1.41 | 12¢ | 62654 | |||||
| 1.42 | 1.52 | 13¢ | 62655 | |||||
| 1.53 | 1.64 | 14¢ | 62656 | |||||
| 1.65 | 1.76 | 15¢ | 62657 | |||||
| 1.77 | 1.88 | 16¢ | 62658 | |||||
| 1.89 | 2.00 | 17¢ | 62659 |
| If the price exceeds two dollars, the tax is seventeen cents | 62660 |
| on each two dollars. If the price exceeds two dollars or a | 62661 |
| multiple thereof by not more than eleven cents, the amount of tax | 62662 |
| is seventeen cents for each two dollars plus one cent. If the | 62663 |
| price exceeds two dollars or a multiple thereof by more than | 62664 |
| eleven cents but not more than twenty-three cents, the amount of | 62665 |
| tax is seventeen cents for each two dollars plus two cents. If the | 62666 |
| price exceeds two dollars or a multiple thereof by more than | 62667 |
| twenty-three cents, the amount of tax is seventeen cents for each | 62668 |
| two dollars plus the amount of tax for prices twenty-four cents | 62669 |
| through one dollar and ninety-nine cents in accordance with the | 62670 |
| schedule above. | 62671 |
| (D) In lieu of collecting the tax pursuant to the schedules | 62672 |
| set forth in divisions (A), (B), and (C) of this section, a vendor | 62673 |
| may compute the tax on each sale as follows: | 62674 |
| (1) On sales of fifteen cents or less, no tax shall apply. | 62675 |
| (2) On sales in excess of fifteen cents, multiply the price | 62676 |
| by the aggregate rate of taxes in effect under sections 5739.02 | 62677 |
| and 5741.02 and sections 5739.021, 5739.023, 5739.026, 5741.021, | 62678 |
| 5741.022, and 5741.023 of the Revised Code. The computation shall | 62679 |
| be carried out to six decimal places. If the result is a | 62680 |
| fractional amount of a cent, the calculated tax shall be increased | 62681 |
| to the next highest cent and that amount shall be collected by the | 62682 |
| vendor. | 62683 |
| (E) On and after January 1, 2006, a vendor shall compute the | 62684 |
| tax on each sale by multiplying the price by the aggregate rate of | 62685 |
| taxes in effect under sections 5739.02 and 5741.02, and sections | 62686 |
| 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of | 62687 |
| the Revised Code. The computation shall be carried out to three | 62688 |
| decimal places. If the result is a fractional amount of a cent, | 62689 |
| the calculated tax shall be rounded to a whole cent using a method | 62690 |
| that rounds up to the next cent whenever the third decimal place | 62691 |
| is greater than four. A vendor may elect to compute the tax due on | 62692 |
| a transaction on an item or an invoice basis. | 62693 |
| (F) In auditing a vendor, the tax commissioner shall consider | 62694 |
| the method prescribed by this section that was used by the vendor | 62695 |
| in determining and collecting the tax due under this chapter on | 62696 |
| taxable transactions. If the vendor correctly collects and remits | 62697 |
| the tax due under this chapter in accordance with the schedules in | 62698 |
| divisions (A), (B), and (C) of this section or in accordance with | 62699 |
| the computation prescribed in division (D) or (E) of this section, | 62700 |
| the commissioner shall not assess any additional tax on those | 62701 |
| transactions. | 62702 |
| (G)(1) With respect to a sale of a fractional ownership | 62703 |
| program aircraft used primarily in a fractional aircraft ownership | 62704 |
| program, including all accessories attached to such aircraft, the | 62705 |
| tax shall be calculated pursuant to divisions (A) to (E) of this | 62706 |
| section, provided that the tax commissioner shall modify those | 62707 |
| calculations so that the maximum tax on each program aircraft is | 62708 |
| eight hundred dollars. In the case of a sale of a fractional | 62709 |
| interest that is less than one hundred per cent of the program | 62710 |
| aircraft, the tax charged on the transaction shall be eight | 62711 |
| hundred dollars multiplied by a fraction, the numerator of which | 62712 |
| is the percentage of ownership or possession in the aircraft being | 62713 |
| purchased in the transaction, and the denominator of which is one | 62714 |
| hundred per cent. | 62715 |
| (2) Notwithstanding any other provision of law to the | 62716 |
| contrary, the tax calculated under division (G)(1) of this section | 62717 |
| and paid with respect to the sale of a fractional ownership | 62718 |
| program aircraft used primarily in a fractional aircraft ownership | 62719 |
| program shall be credited to the general revenue fund. | 62720 |
| Sec. 5739.10. (A) In addition to the tax levied by section | 62721 |
| 5739.02 of the Revised Code and any tax levied pursuant to section | 62722 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure | 62723 |
| the same objectives specified in those sections, there is hereby | 62724 |
| levied upon the privilege of engaging in the business of making | 62725 |
| retail sales, an excise tax | 62726 |
| 62727 | |
| 62728 | |
| section 5739.02 of the Revised Code, or, in the case of retail | 62729 |
| sales subject to a tax levied pursuant to section 5739.021, | 62730 |
| 5739.023, or 5739.026 of the Revised Code, a percentage equal to | 62731 |
| the aggregate rate of such taxes and the tax levied by section | 62732 |
| 5739.02 of the Revised Code of the receipts derived from all | 62733 |
| retail sales, except those to which the excise tax imposed by | 62734 |
| section 5739.02 of the Revised Code is made inapplicable by | 62735 |
| division (B) of that section. | 62736 |
| (B) For the purpose of this section, no vendor shall be | 62737 |
| required to maintain records of sales of food for human | 62738 |
| consumption off the premises where sold, and no assessment shall | 62739 |
| be made against any vendor for sales of food for human consumption | 62740 |
| off the premises where sold, solely because the vendor has no | 62741 |
| records of, or has inadequate records of, such sales; provided | 62742 |
| that where a vendor does not have adequate records of receipts | 62743 |
| from the vendor's sales of food for human consumption on the | 62744 |
| premises where sold, the tax commissioner may refuse to accept the | 62745 |
| vendor's return and, upon the basis of test checks of the vendor's | 62746 |
| business for a representative period, and other information | 62747 |
| relating to the sales made by such vendor, determine the | 62748 |
| proportion that taxable retail sales bear to all of the vendor's | 62749 |
| retail sales. The tax imposed by this section shall be determined | 62750 |
| by deducting from the sum representing five and one-half or six | 62751 |
| per cent, as applicable under division (A) of this section, or, in | 62752 |
| the case of retail sales subject to a tax levied pursuant to | 62753 |
| section 5739.021, 5739.023, or 5739.026 of the Revised Code, a | 62754 |
| percentage equal to the aggregate rate of such taxes and the tax | 62755 |
| levied by section 5739.02 of the Revised Code of the receipts from | 62756 |
| such retail sales, the amount of tax paid to the state or to a | 62757 |
| clerk of a court of common pleas. The section does not affect any | 62758 |
| duty of the vendor under sections 5739.01 to 5739.19 and 5739.26 | 62759 |
| to 5739.31 of the Revised Code, nor the liability of any consumer | 62760 |
| to pay any tax imposed by or pursuant to section 5739.02, | 62761 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code. | 62762 |
| Sec. 5741.02. (A)(1) For the use of the general revenue fund | 62763 |
| of the state, an excise tax is hereby levied on the storage, use, | 62764 |
| or other consumption in this state of tangible personal property | 62765 |
| or the benefit realized in this state of any service provided. The | 62766 |
| tax shall be collected as provided in section 5739.025 of the | 62767 |
| Revised Code, provided that on and after July 1, 2003, and on or | 62768 |
| before June 30, 2005, the rate of the tax shall be six per cent. | 62769 |
| On and after July 1, 2005, the rate of the tax shall be five and | 62770 |
| one-half per cent. | 62771 |
| (2) In the case of the lease or rental, with a fixed term of | 62772 |
| more than thirty days or an indefinite term with a minimum period | 62773 |
| of more than thirty days, of any motor vehicles designed by the | 62774 |
| manufacturer to carry a load of not more than one ton, watercraft, | 62775 |
| outboard motor, or aircraft, or of any tangible personal property, | 62776 |
| other than motor vehicles designed by the manufacturer to carry a | 62777 |
| load of more than one ton, to be used by the lessee or renter | 62778 |
| primarily for business purposes, the tax shall be collected by the | 62779 |
| seller at the time the lease or rental is consummated and shall be | 62780 |
| calculated by the seller on the basis of the total amount to be | 62781 |
| paid by the lessee or renter under the lease or rental agreement. | 62782 |
| If the total amount of the consideration for the lease or rental | 62783 |
| includes amounts that are not calculated at the time the lease or | 62784 |
| rental is executed, the tax shall be calculated and collected by | 62785 |
| the seller at the time such amounts are billed to the lessee or | 62786 |
| renter. In the case of an open-end lease or rental, the tax shall | 62787 |
| be calculated by the seller on the basis of the total amount to be | 62788 |
| paid during the initial fixed term of the lease or rental, and for | 62789 |
| each subsequent renewal period as it comes due. As used in this | 62790 |
| division, "motor vehicle" has the same meaning as in section | 62791 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 62792 |
| unit attached to the watercraft. | 62793 |
| (3) Except as provided in division (A)(2) of this section, in | 62794 |
| the case of a transaction, the price of which consists in whole or | 62795 |
| part of the lease or rental of tangible personal property, the tax | 62796 |
| shall be measured by the installments of those leases or rentals. | 62797 |
| (B) Each consumer, storing, using, or otherwise consuming in | 62798 |
| this state tangible personal property or realizing in this state | 62799 |
| the benefit of any service provided, shall be liable for the tax, | 62800 |
| and such liability shall not be extinguished until the tax has | 62801 |
| been paid to this state; provided, that the consumer shall be | 62802 |
| relieved from further liability for the tax if the tax has been | 62803 |
| paid to a seller in accordance with section 5741.04 of the Revised | 62804 |
| Code or prepaid by the seller in accordance with section 5741.06 | 62805 |
| of the Revised Code. | 62806 |
| (C) The tax does not apply to the storage, use, or | 62807 |
| consumption in this state of the following described tangible | 62808 |
| personal property or services, nor to the storage, use, or | 62809 |
| consumption or benefit in this state of tangible personal property | 62810 |
| or services purchased under the following described circumstances: | 62811 |
| (1) When the sale of property or service in this state is | 62812 |
| subject to the excise tax imposed by sections 5739.01 to 5739.31 | 62813 |
| of the Revised Code, provided said tax has been paid; | 62814 |
| (2) Except as provided in division (D) of this section, | 62815 |
| tangible personal property or services, the acquisition of which, | 62816 |
| if made in Ohio, would be a sale not subject to the tax imposed by | 62817 |
| sections 5739.01 to 5739.31 of the Revised Code; | 62818 |
| (3) Property or services, the storage, use, or other | 62819 |
| consumption of or benefit from which this state is prohibited from | 62820 |
| taxing by the Constitution of the United States, laws of the | 62821 |
| United States, or the Constitution of this state. This exemption | 62822 |
| shall not exempt from the application of the tax imposed by this | 62823 |
| section the storage, use, or consumption of tangible personal | 62824 |
| property that was purchased in interstate commerce, but that has | 62825 |
| come to rest in this state, provided that fuel to be used or | 62826 |
| transported in carrying on interstate commerce that is stopped | 62827 |
| within this state pending transfer from one conveyance to another | 62828 |
| is exempt from the excise tax imposed by this section and section | 62829 |
| 5739.02 of the Revised Code; | 62830 |
| (4) Transient use of tangible personal property in this state | 62831 |
| by a nonresident tourist or vacationer, or a non-business use | 62832 |
| within this state by a nonresident of this state, if the property | 62833 |
| so used was purchased outside this state for use outside this | 62834 |
| state and is not required to be registered or licensed under the | 62835 |
| laws of this state; | 62836 |
| (5) Tangible personal property or services rendered, upon | 62837 |
| which taxes have been paid to another jurisdiction to the extent | 62838 |
| of the amount of the tax paid to such other jurisdiction. Where | 62839 |
| the amount of the tax imposed by this section and imposed pursuant | 62840 |
| to section 5741.021, 5741.022, or 5741.023 of the Revised Code | 62841 |
| exceeds the amount paid to another jurisdiction, the difference | 62842 |
| shall be allocated between the tax imposed by this section and any | 62843 |
| tax imposed by a county or a transit authority pursuant to section | 62844 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion | 62845 |
| to the respective rates of such taxes. | 62846 |
| As used in this subdivision, "taxes paid to another | 62847 |
| jurisdiction" means the total amount of retail sales or use tax or | 62848 |
| similar tax based upon the sale, purchase, or use of tangible | 62849 |
| personal property or services rendered legally, levied by and paid | 62850 |
| to another state or political subdivision thereof, or to the | 62851 |
| District of Columbia, where the payment of such tax does not | 62852 |
| entitle the taxpayer to any refund or credit for such payment. | 62853 |
| (6) The transfer of a used manufactured home or used mobile | 62854 |
| home, as defined by section 5739.0210 of the Revised Code, made on | 62855 |
| or after January 1, 2000; | 62856 |
| (7) Drugs that are or are intended to be distributed free of | 62857 |
| charge to a practitioner licensed to prescribe, dispense, and | 62858 |
| administer drugs to a human being in the course of a professional | 62859 |
| practice and that by law may be dispensed only by or upon the | 62860 |
| order of such a practitioner. | 62861 |
| (8) Computer equipment and related software leased from a | 62862 |
| lessor located outside this state and initially received in this | 62863 |
| state on behalf of the consumer by a third party that will retain | 62864 |
| possession of such property for not more than ninety days and that | 62865 |
| will, within that ninety-day period, deliver such property to the | 62866 |
| consumer at a location outside this state. Division (C)(8) of this | 62867 |
| section does not provide exemption from taxation for any otherwise | 62868 |
| taxable charges associated with such property while it is in this | 62869 |
| state or for any subsequent storage, use, or consumption of such | 62870 |
| property in this state by or on behalf of the consumer. | 62871 |
| (D) The tax applies to the storage, use, or other consumption | 62872 |
| in this state of tangible personal property or services, the | 62873 |
| acquisition of which at the time of sale was excepted under | 62874 |
| division (E) of section 5739.01 of the Revised Code from the tax | 62875 |
| imposed by section 5739.02 of the Revised Code, but which has | 62876 |
| subsequently been temporarily or permanently stored, used, or | 62877 |
| otherwise consumed in a taxable manner. | 62878 |
| (E)(1) If any transaction is claimed to be exempt under | 62879 |
| division (E) of section 5739.01 of the Revised Code or under | 62880 |
| section 5739.02 of the Revised Code, with the exception of | 62881 |
| divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised | 62882 |
| Code, the consumer shall provide to the seller, and the seller | 62883 |
| shall obtain from the consumer, a certificate specifying the | 62884 |
| reason that the transaction is not subject to the tax. The | 62885 |
| certificate shall be provided either in a hard copy form or | 62886 |
| electronic form, as prescribed by the tax commissioner. If the | 62887 |
| transaction is claimed to be exempt under division (B)(13) of | 62888 |
| section 5739.02 of the Revised Code, the exemption certificate | 62889 |
| shall be provided by both the contractor and contractee. Such | 62890 |
| contractee shall be deemed to be the consumer of all items | 62891 |
| purchased under the claim of exemption, if it is subsequently | 62892 |
| determined that the exemption is not properly claimed. The | 62893 |
| certificate shall be in such form as the tax commissioner by rule | 62894 |
| prescribes. The seller shall maintain records, including exemption | 62895 |
| certificates, of all sales on which a consumer has claimed an | 62896 |
| exemption, and provide them to the tax commissioner on request. | 62897 |
| (2) If no certificate is provided or obtained within the | 62898 |
| period for filing the return for the period in which the | 62899 |
| transaction is consummated, it shall be presumed that the tax | 62900 |
| applies. The failure to have so provided or obtained a certificate | 62901 |
| shall not preclude a seller or consumer from establishing, within | 62902 |
| one hundred twenty days of the giving of notice by the | 62903 |
| commissioner of intention to levy an assessment, that the | 62904 |
| transaction is not subject to the tax. | 62905 |
| (F) A seller who files a petition for reassessment contesting | 62906 |
| the assessment of tax on transactions for which the seller | 62907 |
| obtained no valid exemption certificates, and for which the seller | 62908 |
| failed to establish that the transactions were not subject to the | 62909 |
| tax during the one-hundred-twenty-day period allowed under | 62910 |
| division (E) of this section, may present to the tax commissioner | 62911 |
| additional evidence to prove that the transactions were exempt. | 62912 |
| The seller shall file such evidence within ninety days of the | 62913 |
| receipt by the seller of the notice of assessment, except that, | 62914 |
| upon application and for reasonable cause, the tax commissioner | 62915 |
| may extend the period for submitting such evidence thirty days. | 62916 |
| (G) For the purpose of the proper administration of sections | 62917 |
| 5741.01 to 5741.22 of the Revised Code, and to prevent the evasion | 62918 |
| of the tax hereby levied, it shall be presumed that any use, | 62919 |
| storage, or other consumption of tangible personal property in | 62920 |
| this state is subject to the tax until the contrary is | 62921 |
| established. | 62922 |
| (H) The tax collected by the seller from the consumer under | 62923 |
| this chapter is not part of the price, but is a tax collection for | 62924 |
| the benefit of the state, and of counties levying an additional | 62925 |
| use tax pursuant to section 5741.021 or 5741.023 of the Revised | 62926 |
| Code and of transit authorities levying an additional use tax | 62927 |
| pursuant to section 5741.022 of the Revised Code. Except for the | 62928 |
| discount authorized under section 5741.12 of the Revised Code and | 62929 |
| the effects of any rounding pursuant to section 5703.055 of the | 62930 |
| Revised Code, no person other than the state or such a county or | 62931 |
| transit authority shall derive any benefit from the collection of | 62932 |
| such tax. | 62933 |
| Sec. 5743.01. As used in this chapter: | 62934 |
| (A) "Person" includes individuals, firms, partnerships, | 62935 |
| associations, joint-stock companies, corporations, combinations of | 62936 |
| individuals of any form, and the state and any of its political | 62937 |
| subdivisions. | 62938 |
| (B) "Wholesale dealer" includes only those persons: | 62939 |
| (1) Who bring in or cause to be brought into this state | 62940 |
| unstamped cigarettes purchased directly from the manufacturer, | 62941 |
| producer, or importer of cigarettes for sale in this state but | 62942 |
| does not include persons who bring in or cause to be brought into | 62943 |
| this state cigarettes with respect to which no evidence of tax | 62944 |
| payment is required thereon as provided in section 5743.04 of the | 62945 |
| Revised Code; or | 62946 |
| (2) Who are engaged in the business of selling cigarettes or | 62947 |
| tobacco products to others for the purpose of resale. | 62948 |
| "Wholesale dealer" does not include any cigarette | 62949 |
| manufacturer, export warehouse proprietor, or importer with a | 62950 |
| valid permit under 26 U.S.C. 5713 if that person sells cigarettes | 62951 |
| in this state only to wholesale dealers holding valid and current | 62952 |
| licenses under section 5743.15 of the Revised Code or to an export | 62953 |
| warehouse proprietor or another manufacturer. | 62954 |
| (C) "Retail dealer" includes: | 62955 |
| (1) In reference to dealers in cigarettes, every person other | 62956 |
| than a wholesale dealer engaged in the business of selling | 62957 |
|
cigarettes in this state, | 62958 |
| person is located in this state or elsewhere, and regardless of | 62959 |
| quantity, amount, or number of sales; | 62960 |
| (2) In reference to dealers in tobacco products, any person | 62961 |
| in this state engaged in the business of selling tobacco products | 62962 |
| to ultimate consumers in this state, regardless of quantity, | 62963 |
| amount, or number of sales. | 62964 |
| (D) "Sale" includes exchange, barter, gift, offer for sale, | 62965 |
| and distribution, and | 62966 |
| or foreign commerce. | 62967 |
| (E) "Cigarettes" includes any roll for smoking made wholly or | 62968 |
| in part of tobacco, irrespective of size or shape, and whether or | 62969 |
| not such tobacco is flavored, adulterated, or mixed with any other | 62970 |
| ingredient, the wrapper or cover of which is made of paper, | 62971 |
| reconstituted cigarette tobacco, homogenized cigarette tobacco, | 62972 |
| cigarette tobacco sheet, or any similar materials other than cigar | 62973 |
| tobacco. | 62974 |
| (F) "Package" means the individual package, box, or other | 62975 |
| container in or from which retail sales of cigarettes are normally | 62976 |
| made or intended to be made. | 62977 |
| (G) "Stamp" includes an impression made by a metering device | 62978 |
| as provided for in section 5743.04 of the Revised Code. | 62979 |
| (H) "Storage" includes any keeping or retention of cigarettes | 62980 |
| or tobacco products for use or consumption in this state. | 62981 |
| (I) "Use" includes the exercise of any right or power | 62982 |
| incidental to the ownership of cigarettes or tobacco products. | 62983 |
| (J) "Tobacco product" means any product made from tobacco, | 62984 |
| other than cigarettes, that is made for smoking or chewing, or | 62985 |
| both, and snuff. | 62986 |
| (K) "Wholesale price" means the invoice price, including all | 62987 |
| federal excise taxes, at which the manufacturer of the tobacco | 62988 |
| product sells the tobacco product to unaffiliated distributors, | 62989 |
| excluding any discounts based on the method of payment of the | 62990 |
| invoice or on time of payment of the invoice. If the taxpayer buys | 62991 |
| from other than a manufacturer, "wholesale price" means the | 62992 |
| invoice price, including all federal excise taxes and excluding | 62993 |
| any discounts based on the method of payment of the invoice or on | 62994 |
| time of payment of the invoice. | 62995 |
| (L) "Distributor" means: | 62996 |
| (1) Any manufacturer who sells, barters, exchanges, or | 62997 |
| distributes tobacco products to a retail dealer in the state, | 62998 |
| except when selling to a retail dealer that has filed with the | 62999 |
| manufacturer a signed statement agreeing to pay and be liable for | 63000 |
| the tax imposed by section 5743.51 of the Revised Code; | 63001 |
| (2) Any wholesale dealer located in the state who receives | 63002 |
| tobacco products from a manufacturer, or who receives tobacco | 63003 |
| products on which the tax imposed by this chapter has not been | 63004 |
| paid; | 63005 |
| (3) Any wholesale dealer located outside the state who sells, | 63006 |
| barters, exchanges, or distributes tobacco products to a wholesale | 63007 |
| or retail dealer in the state; or | 63008 |
| (4) Any retail dealer who receives tobacco products on which | 63009 |
| the tax has not or will not be paid by another distributor, | 63010 |
| including a retail dealer that has filed a signed statement with a | 63011 |
| manufacturer in which the retail dealer agrees to pay and be | 63012 |
| liable for the tax that would otherwise be imposed on the | 63013 |
| manufacturer by section 5743.51 of the Revised Code. | 63014 |
| (M) "Taxpayer" means any person liable for the tax imposed by | 63015 |
| section 5743.51, 5743.62, or 5743.63 of the Revised Code. | 63016 |
| (N) "Seller" means any person located outside this state | 63017 |
| engaged in the business of selling tobacco products to consumers | 63018 |
| for storage, use, or other consumption in this state. | 63019 |
| (O) "Manufacturer" means any person who manufactures and | 63020 |
| sells cigarettes or tobacco products. | 63021 |
| (P) "Importer" means any person that imports finished | 63022 |
| cigarettes into the United States, either directly or indirectly. | 63023 |
| (Q) "Indian tribal entity" means a federally recognized | 63024 |
| Indian tribe, tribal entity, or any other person doing business as | 63025 |
| a distributor or retailer of cigarettes on the Indian country of | 63026 |
| such a tribe within this state. | 63027 |
| (R) "Indian country" has the same meaning as in 18 U.S.C. | 63028 |
| 1151. | 63029 |
| Sec. 5743.02. To provide revenues for the general revenue | 63030 |
| fund, an excise tax on sales of cigarettes is hereby levied at the | 63031 |
|
rate of
| 63032 |
| Only one sale of the same article shall be used in computing | 63033 |
| the amount of tax due. | 63034 |
| The treasurer of state shall place to the credit of the tax | 63035 |
| refund fund created by section 5703.052 of the Revised Code, out | 63036 |
| of receipts from the tax levied by this section, amounts equal to | 63037 |
| the refunds certified by the tax commissioner pursuant to section | 63038 |
| 5743.05 of the Revised Code. The balance of taxes collected under | 63039 |
| such section, after the credits to the tax refund fund, shall be | 63040 |
| paid into the general revenue fund. | 63041 |
| Sec. 5743.021. (A)(1) Cigarettes sold to or received by | 63042 |
| members of a federally recognized Indian tribe on the tribe's | 63043 |
| Indian country are not subject to the taxes imposed under section | 63044 |
| 5743.02, 5743.024, or 5743.026 of the Revised Code. | 63045 |
| (2) Cigarettes sold to the United States government or to any | 63046 |
| instrumentality thereof are not subject to the taxes imposed under | 63047 |
| section 5743.02, 5743.024, or 5743.026 of the Revised Code. | 63048 |
| (3) Cigarettes sold into foreign commerce or for use or | 63049 |
| consumption on ships regularly engaged in foreign commerce or | 63050 |
| interstate shipping are not subject to the taxes imposed under | 63051 |
| section 5743.02, 5743.024, or 5743.026 of the Revised Code. | 63052 |
| (B) The rate of tax on cigarettes sold to or received by | 63053 |
| nontribal members within Indian country shall equal the sum of the | 63054 |
| rates under section 5743.02 and, if applicable, section 5743.024 | 63055 |
| or 5743.026 of the Revised Code, less than any tribal tax rate, | 63056 |
| provided that the resulting rate shall not be less than zero cents | 63057 |
| per cigarette. Cigarettes sold or distributed to nontribal members | 63058 |
| shall bear a tax stamp as required by section 5743.03 of the | 63059 |
| Revised Code, but the tax commissioner periodically shall rebate | 63060 |
| to any Indian tribal entity that complies with this chapter an | 63061 |
| amount equal to the lesser of the tribal tax imposed on such sale | 63062 |
| or receipt of cigarettes or the face value of the tax stamps | 63063 |
| affixed to such cigarettes. | 63064 |
| (C) The tax commissioner shall prescribe rules governing the | 63065 |
| percentages of cigarette packages offered for sale by an Indian | 63066 |
| tribal entity that require tax stamps and tax-exempt stamps under | 63067 |
| section 5743.03 of the Revised Code. The percentages shall be | 63068 |
| based on the anticipated percentages of sales of cigarettes within | 63069 |
| the Indian country that are to be made to persons other than | 63070 |
| tribal members. | 63071 |
| Sec. 5743.022. (A) As used in this section, "regional arts | 63072 |
| and cultural district" means a regional arts and cultural district | 63073 |
| created under section 3381.04 of the Revised Code, or a regional | 63074 |
| arts and cultural district created under section 3381.03 of the | 63075 |
| Revised Code if the territory of the district is coextensive with | 63076 |
| the territory of a county that has a population of at least one | 63077 |
| and one-quarter million according to the most recent federal | 63078 |
| decennial census. | 63079 |
| (B) For one or more of the purposes for which a tax may be | 63080 |
| levied under section 3381.16 of the Revised Code and for the | 63081 |
| purposes of paying the expenses of administering the tax and the | 63082 |
| expenses charged by a board of elections to hold an election on a | 63083 |
| question submitted under this section, the board of trustees of a | 63084 |
| regional arts and cultural district may levy a tax on the sale of | 63085 |
| cigarettes sold for resale at retail in the county composing the | 63086 |
| district. The rate of the tax, when added to the rate of any other | 63087 |
| tax concurrently levied by the board under this section, shall not | 63088 |
| exceed twelve and one-half mills per cigarette, and shall be | 63089 |
| computed on each cigarette sold. Only one sale of the same article | 63090 |
| shall be used in computing the amount of tax due. The tax may be | 63091 |
| levied for any number of years not exceeding five years. | 63092 |
| The tax shall be levied pursuant to a resolution of the board | 63093 |
| of trustees approved by a majority of the electors in the county | 63094 |
| voting on the question of levying the tax. The resolution shall | 63095 |
| specify the rate of the tax, the number of years the tax will be | 63096 |
| levied, and the purposes for which the tax is levied. The election | 63097 |
| may be held on the date of a general or special election held not | 63098 |
| sooner than seventy-five days after the date the board certifies | 63099 |
| its resolution to the board of elections. If approved by the | 63100 |
| electors, the tax shall take effect on the first day of the month | 63101 |
| specified in the resolution but not sooner than the first day of | 63102 |
| the month that is at least sixty days after the certification of | 63103 |
| the election results by the board of elections. A copy of the | 63104 |
| resolution levying the tax shall be certified to the tax | 63105 |
| commissioner at least sixty days prior to the date on which the | 63106 |
| tax is to become effective. | 63107 |
| (C) The form of the ballot in an election held under this | 63108 |
| section shall be as follows, or in any other form acceptable to | 63109 |
| the secretary of state: | 63110 |
| "For the purpose of .......... (insert the purpose or | 63111 |
| purposes of the tax), shall an excise tax be levied throughout | 63112 |
| .......... County by the ........... (name of the regional arts | 63113 |
| and cultural district) on the sale of cigarettes at wholesale at | 63114 |
| the rate of .... mills per cigarette for ..... years? | 63115 |
| 63116 |
| For the tax | 63117 | ||||
| Against the tax | " | 63118 |
| (D) The treasurer of state shall credit all moneys arising | 63119 |
| from each district's taxes levied under this section and section | 63120 |
| 5743.321 of the Revised Code as follows: | 63121 |
| (1) To the tax refund fund created by section 5703.052 of the | 63122 |
| Revised Code, amounts equal to the refunds from each tax levied | 63123 |
| under this section certified by the tax commissioner pursuant to | 63124 |
| section 5743.05 of the Revised Code; | 63125 |
| (2) Following the crediting of amounts pursuant to division | 63126 |
| (D)(1) of this section: | 63127 |
| (a) To the permissive tax distribution fund created under | 63128 |
| section 4301.423 of the Revised Code, an amount equal to | 63129 |
| ninety-eight per cent of the remainder collected; | 63130 |
| (b) To the local excise tax administrative fund, which is | 63131 |
| hereby created in the state treasury, an amount equal to two per | 63132 |
| cent of the remainder collected, for use by the tax commissioner | 63133 |
| in defraying costs incurred in administering the tax. | 63134 |
| On or before the second working day of each month, the | 63135 |
| treasurer of state shall certify to the tax commissioner the | 63136 |
| amount of each district's taxes levied under sections 5743.022 and | 63137 |
| 5743.321 of the Revised Code and paid to the treasurer of state | 63138 |
| during the preceding month. | 63139 |
| On or before the tenth day of each month, the tax | 63140 |
| commissioner shall distribute the amount credited to the | 63141 |
| permissive tax distribution fund during the preceding month by | 63142 |
| providing for payment of the appropriate amount to the county | 63143 |
| treasurer of the county in which the tax is levied. | 63144 |
| Sec. 5743.025. In addition to the return required by section | 63145 |
| 5743.03 of the Revised Code, each retail dealer in a county | 63146 |
| 63147 | |
| or 5743.026 of the Revised Code shall, within thirty days after | 63148 |
| the date on which | 63149 |
| effect, make and file a return, on forms prescribed by the tax | 63150 |
| commissioner, showing the total number of cigarettes which such | 63151 |
| retail dealer had on hand as of the beginning of business on the | 63152 |
| date on which the tax takes effect, and such other information as | 63153 |
| the commissioner deems necessary for the administration of section | 63154 |
| 5743.022, 5743.024, or 5743.026 of the Revised Code. Each retail | 63155 |
| dealer shall deliver the return together with a remittance of the | 63156 |
| additional amount of tax due on the cigarettes shown on such | 63157 |
| return to the treasurer of state. The treasurer of state shall | 63158 |
| stamp or otherwise mark on the return the date it was received and | 63159 |
| shall also show thereon by stamp or otherwise the tax payment | 63160 |
| remitted with the return. Thereafter, the treasurer of state shall | 63161 |
| immediately transmit all returns filed under this section to the | 63162 |
| tax commissioner. Any retail dealer who fails to file a return | 63163 |
| under this section shall, for each day the retail dealer so fails, | 63164 |
| forfeit and pay into the state treasury the sum of one dollar as | 63165 |
| revenue arising from the tax imposed by section 5743.022, | 63166 |
| 5743.024, or 5743.026 of the Revised Code, and such sum may be | 63167 |
| collected by assessment in the manner provided in section 5743.081 | 63168 |
| of the Revised Code. For thirty days after the effective date of a | 63169 |
| tax imposed by section 5743.022, 5743.024, or 5743.026 of the | 63170 |
| Revised Code, a retail dealer may possess for sale or sell in the | 63171 |
| county in which the tax is levied cigarettes not bearing the stamp | 63172 |
| or impression required by section 5743.03 of the Revised Code to | 63173 |
| evidence payment of the county tax but on which the tax has or | 63174 |
| will be paid. | 63175 |
| Sec. 5743.03. (A) Except as provided in section 5743.04 of | 63176 |
| the Revised Code, the taxes imposed under sections 5743.02, | 63177 |
| 5743.022, 5743.024, and 5743.026 of the Revised Code shall be paid | 63178 |
| by the purchase of stamps. A stamp shall be affixed to each | 63179 |
| package of cigarettes subject to taxes imposed under section | 63180 |
| 5743.02 and section 5743.024 or 5743.026 of the Revised Code and | 63181 |
| not intended for sale or distribution to consumers the sale or | 63182 |
| distribution to which is exempted from such taxes under division | 63183 |
| (A) of section 5743.021 of the Revised Code. The stamp shall be in | 63184 |
| an aggregate denomination not less than the amount of the tax upon | 63185 |
| the contents thereof. In the case of cigarettes subject to | 63186 |
| division (B) of section 5743.021 of the Revised Code, the stamp | 63187 |
| shall be in an aggregate denomination not less than the amount of | 63188 |
| tax imposed under those sections without regard to the reduction | 63189 |
| for any Indian tribal tax under that division. The stamp, so | 63190 |
| affixed, shall be prima-facie evidence of payment of the tax. | 63191 |
| 63192 | |
| exempted from taxation under 26 U.S.C. 5701 that is distributed by | 63193 |
| a manufacturer pursuant to federal regulations. | 63194 |
| If cigarettes are intended for sale to consumers the sale to | 63195 |
| which is exempt from taxes under division (A) of section 5743.021 | 63196 |
| of the Revised Code, a tax-exempt stamp shall be affixed to the | 63197 |
| package. A tax-exempt stamp, so affixed, is prima-facie evidence | 63198 |
| of the exemption from the taxes imposed under section 5743.02 and | 63199 |
| section 5743.024 or 5743.026 of the Revised Code. The tax | 63200 |
| commissioner shall provide such tax-exempt stamps without charge. | 63201 |
| Except as is provided in the rules prescribed by the tax | 63202 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 63203 |
| Revised Code, and
unless | 63204 |
| been previously affixed, they shall be so affixed by each | 63205 |
| wholesale dealer, and canceled by writing or stamping across the | 63206 |
| face thereof the number assigned to such wholesale dealer by the | 63207 |
| tax commissioner for that purpose, prior to the delivery of any | 63208 |
| cigarettes to any person in this state, or in the case of a tax | 63209 |
| levied pursuant to section 5743.022, 5743.024, or 5743.026 of the | 63210 |
| Revised Code, prior to the delivery of cigarettes to any person in | 63211 |
| the county in which the tax is levied. | 63212 |
| (B) Except as provided in the rules prescribed by the | 63213 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 63214 |
|
Revised Code, | 63215 |
|
each retail dealer | 63216 |
| receipt of any cigarettes at the retail dealer's place of business | 63217 |
| 63218 | |
| ensure that tax stamps are affixed and canceled. The inspection | 63219 |
| shall be completed before the cigarettes are delivered to any | 63220 |
| person in this state, or, in the case of a tax levied pursuant to | 63221 |
| section 5743.022, 5743.024, or
5743.026 of the
Revised
Code | 63222 |
| 63223 | |
| any
person in the county
in which the tax is levied | 63224 |
| 63225 | |
| 63226 | |
| 63227 |
| (C) Whenever any cigarettes are found in the place of | 63228 |
| business of any retail dealer without proper tax stamps affixed | 63229 |
| thereto and canceled, it is presumed that such cigarettes are kept | 63230 |
| therein in violation of sections 5743.01 to 5743.20 of the Revised | 63231 |
| Code. | 63232 |
| (D) Each wholesale dealer | 63233 |
| purchases cigarettes without proper tax stamps affixed thereto | 63234 |
| shall, on or before the thirty-first day of the month following | 63235 |
| the close of each semiannual period, which period shall end on the | 63236 |
| thirtieth day of June and the thirty-first day of December of each | 63237 |
| year, make and file a return of the preceding semiannual period, | 63238 |
| on such form as is prescribed by the tax commissioner, showing the | 63239 |
| dealer's entire purchases and sales of cigarettes and stamps or | 63240 |
| impressions for such semiannual period and accurate inventories as | 63241 |
| of the beginning and end of each semiannual period of cigarettes, | 63242 |
| stamped or unstamped; cigarette tax stamps affixed or unaffixed | 63243 |
| and unused meter impressions; and such other information as the | 63244 |
| commissioner finds necessary to the proper administration of | 63245 |
| sections 5743.01 to 5743.20 of the Revised Code. The commissioner | 63246 |
| may extend the time for making and filing returns and may remit | 63247 |
| all or any part of amounts of penalties that may become due under | 63248 |
|
sections 5743.01 to 5743.20 of the
Revised Code. The
wholesale | 63249 |
| 63250 | |
| of the tax deficiency reported thereon to the treasurer of state. | 63251 |
| The treasurer of state shall stamp or otherwise mark on the return | 63252 |
| the date it was received and shall also show thereon by stamp or | 63253 |
| otherwise a payment or nonpayment of the deficiency shown by the | 63254 |
| return. Thereafter, the treasurer of state shall immediately | 63255 |
| transmit all returns filed under this section to the commissioner. | 63256 |
| (E) Any wholesale | 63257 |
| under this section and the rules of the commissioner, other than a | 63258 |
| report required pursuant to division (F) of this section, may be | 63259 |
| required, for each day the dealer so fails, to forfeit and pay | 63260 |
| into the state treasury the sum of one dollar as revenue arising | 63261 |
| from the tax imposed by sections 5743.01 to 5743.20 of the Revised | 63262 |
| Code and such sum may be collected by assessment in the manner | 63263 |
| provided in section 5743.081 of the Revised Code. If the | 63264 |
| commissioner finds it necessary in order to insure the payment of | 63265 |
| the tax imposed by sections 5743.01 to 5743.20 of the Revised | 63266 |
| Code, the commissioner may require returns and payments to be made | 63267 |
| other than semiannually. The returns shall be signed by the | 63268 |
|
wholesale | 63269 |
| (F) Each person required to file a tax return under section | 63270 |
| 5743.03, 5743.52, or 5743.62 of the Revised Code shall report to | 63271 |
| the commissioner the quantity of all cigarettes and roll-your-own | 63272 |
| cigarette tobacco sold in Ohio for each brand not covered by the | 63273 |
| tobacco master settlement agreement for which the person is liable | 63274 |
| for the taxes levied under section 5743.02, 5743.51, or 5743.62 of | 63275 |
| the Revised Code. | 63276 |
| As used in this division, "tobacco master settlement | 63277 |
| agreement" has the same meaning as in section 183.01 of the | 63278 |
| Revised Code. | 63279 |
| (G) The report required by division (F) of this section shall | 63280 |
| be made on a form prescribed by the commissioner and shall be | 63281 |
| filed not later than the last day of each month for the previous | 63282 |
| month, except that if the commissioner determines that the | 63283 |
| quantity reported by a person does not warrant monthly reporting, | 63284 |
| the commissioner may authorize reporting at less frequent | 63285 |
| intervals. The commissioner may assess a penalty of not more than | 63286 |
| two hundred fifty dollars for each month or portion thereof that a | 63287 |
| person fails to timely file a required report, and such sum may be | 63288 |
| collected by assessment in the manner provided in section 5743.081 | 63289 |
| of the Revised Code. All money collected under this division shall | 63290 |
| be considered as revenue arising from the taxes imposed by | 63291 |
| sections 5743.01 to 5743.20 of the Revised Code. | 63292 |
| Sec. 5743.031. (A) A wholesale dealer may affix stamps only | 63293 |
| to packages of cigarettes that the dealer received directly from a | 63294 |
| manufacturer or importer of cigarettes that possesses a valid and | 63295 |
| current license under section 5743.15 of the Revised Code, or to | 63296 |
| packages of cigarettes that the dealer received from another | 63297 |
| wholesale dealer that possesses a valid and current license under | 63298 |
| section 5743.15 of the Revised Code, provided that the tax | 63299 |
| commissioner has authorized the sale of the cigarettes between | 63300 |
| those wholesale dealers and that the wholesale dealer that sells | 63301 |
| the cigarettes received them directly from a manufacturer or | 63302 |
| importer of cigarettes that possesses a valid and current license | 63303 |
| under section 5743.15 of the Revised Code. | 63304 |
| (B) Only a wholesale dealer that possesses a valid and | 63305 |
| current license under section 5743.15 of the Revised Code may | 63306 |
| purchase or obtain tax stamps or tax-exempt stamps. A wholesale | 63307 |
| dealer may not sell or provide such stamps to any other wholesale | 63308 |
| dealer or any other person. | 63309 |
| (C) Any person shipping unstamped packages of cigarettes into | 63310 |
| this state to a person other than a wholesale dealer licensed | 63311 |
| under section 5743.15 of the Revised Code shall, before such | 63312 |
| shipment, file notice of the shipment with the tax commissioner. | 63313 |
| Any person that transports unstamped packages of cigarettes into | 63314 |
| or within this state shall carry in the vehicle used to convey the | 63315 |
| shipment invoices or equivalent documentation of the shipment for | 63316 |
| all cigarettes in the shipment. The invoices or other | 63317 |
| documentation shall show the true name and address of the | 63318 |
| consignor or seller, the true name and address of the consignee or | 63319 |
| purchaser, and the quantity, by brand style, of the cigarettes | 63320 |
| being transported. This division does not apply to any common or | 63321 |
| contract carrier transporting cigarettes through this state to | 63322 |
| another location under a proper bill of lading or freight bill | 63323 |
| that states the quantity, source, and destination of the | 63324 |
| cigarettes. | 63325 |
| Sec. 5743.04. The tax commissioner shall design and procure | 63326 |
| the stamps provided for in section 5743.03 of the Revised Code and | 63327 |
| shall enforce and administer sections 5743.01 to 5743.44 of the | 63328 |
| Revised Code. With respect to packages containing any number of | 63329 |
| cigarettes other than twenty, if the commissioner finds that it is | 63330 |
| practicable to collect the taxes levied under sections 5743.02, | 63331 |
| 5743.022, 5743.024, and 5743.026 of the Revised Code by any method | 63332 |
| other than that provided in this section and section 5743.03 of | 63333 |
| the Revised Code, the commissioner may by rule prescribe such | 63334 |
| other method for payment of the taxes upon such packages of | 63335 |
| cigarettes as will adequately protect the revenue; provided, that | 63336 |
| in any case where the commissioner prescribes that the taxes upon | 63337 |
| such packages of cigarettes shall be paid on the basis of returns | 63338 |
| filed by a wholesale or retail dealer, said returns, together with | 63339 |
| a remittance of all taxes due as shown thereon, shall be filed | 63340 |
| with the treasurer of state not later than the tenth day of the | 63341 |
| month following the month in which such cigarettes are sold in | 63342 |
| this state. The commissioner may promulgate rules in accordance | 63343 |
| with sections 119.01 to 119.13 of the Revised Code as the | 63344 |
| commissioner deems necessary to carry out sections 5743.01 to | 63345 |
| 5743.44 of the Revised Code and may adopt different detailed rules | 63346 |
| applicable to diverse methods and conditions of sale of | 63347 |
| cigarettes, prescribing, in each class of cases, upon whom, as | 63348 |
| between the wholesale dealer and the retail dealer, the primary | 63349 |
| duty of affixing stamps shall rest, and the manner in which stamps | 63350 |
| shall be affixed. A copy of such rules shall be furnished to every | 63351 |
| licensed dealer as provided in sections 119.01 to 119.13 of the | 63352 |
| Revised Code. Any such rule so furnished which excuses a wholesale | 63353 |
| dealer from affixing stamps under the circumstances of the | 63354 |
| particular case shall be a defense in the prosecution of such | 63355 |
| dealer for violation of section 5743.03 of the Revised Code. | 63356 |
| The commissioner, after determining that it is practicable to | 63357 |
| evidence payment of the taxes levied under sections 5743.02, | 63358 |
| 5743.022, 5743.024, and 5743.026 of the Revised Code by impression | 63359 |
| made by a metering device, shall by resolution provide that such | 63360 |
| metering device may be used in lieu of the stamps otherwise | 63361 |
| provided for in section 5743.03 of the Revised Code. The | 63362 |
| commissioner may authorize any wholesale or retail dealer to use | 63363 |
| the metering device approved by the commissioner. Such device | 63364 |
| before being used shall be sealed by the treasurer of state, and | 63365 |
| shall be used only in accordance with the rules prescribed by the | 63366 |
| commissioner. | 63367 |
| Wholesale and retail dealers authorized to use said device | 63368 |
| shall prepay the tax represented by meter impressions and shall | 63369 |
| deliver the metering device to the treasurer of state or county | 63370 |
| treasurer in the county in which the place of business of any | 63371 |
| wholesaler or retailer is located if such treasurer is designated | 63372 |
| by the treasurer of state, who shall seal the meter in accordance | 63373 |
| with the prepayments so made. | 63374 |
| Sec. 5743.05. All stamps provided for by section 5743.03 of | 63375 |
| the Revised Code, when procured by the tax commissioner, shall be | 63376 |
| immediately delivered to the treasurer of state, who shall execute | 63377 |
| a receipt therefor showing the number and aggregate face value of | 63378 |
| each denomination received by the treasurer of state and any other | 63379 |
| information that the commissioner requires to enforce the | 63380 |
| collection and distribution of all taxes imposed under section | 63381 |
| 5743.022, 5743.024, or 5743.026 of the Revised Code, and deliver | 63382 |
| the receipt to the commissioner. The treasurer of state shall sell | 63383 |
| the stamps and, on the fifth day of each month, make a report | 63384 |
| showing all sales made during the preceding month, with the names | 63385 |
| of purchasers, the number of each denomination, the aggregate face | 63386 |
| value purchased by each, and any other information as the | 63387 |
| commissioner requires to enforce the collection and distribution | 63388 |
| of all taxes imposed under section 5743.022, 5743.024, or 5743.026 | 63389 |
| of the Revised Code, and deliver it to the commissioner. The | 63390 |
| treasurer of state shall be accountable for all stamps received | 63391 |
| and unsold. The stamps shall be sold and accounted for at their | 63392 |
| face value, except the commissioner shall, by rule certified to | 63393 |
| the treasurer of state, authorize the sale of stamps and meter | 63394 |
| impressions to wholesale or retail dealers in this state, or to | 63395 |
| wholesale dealers outside this state, at a discount of not less | 63396 |
| than one and eight-tenths per cent or more than ten per cent of | 63397 |
| their face value, as a commission for affixing and canceling the | 63398 |
| stamps or meter impressions. | 63399 |
| The commissioner, by rule certified to the treasurer of | 63400 |
| state, shall authorize the delivery of stamps and meter | 63401 |
|
impressions to wholesale | 63402 |
| wholesale dealers outside this state on credit. If such a dealer | 63403 |
| has not been in good credit standing with this state for five | 63404 |
| consecutive years preceding the purchase, the tax commissioner | 63405 |
| shall require the dealer to file with the commissioner a bond to | 63406 |
| the state in the amount and in the form prescribed by the | 63407 |
| commissioner, with surety to the satisfaction of the commissioner, | 63408 |
| conditioned on payment to the treasurer of state within thirty | 63409 |
| days for stamps or meter impressions delivered within that time. | 63410 |
| If such a dealer has been in good credit standing with this state | 63411 |
| for five consecutive years preceding the purchase, the tax | 63412 |
| commissioner shall not require that the dealer file such a bond | 63413 |
| but shall require payment for the stamps and meter impressions | 63414 |
| within thirty days after purchase of the stamps and meter | 63415 |
| impressions. Stamps and meter impressions sold to a dealer not | 63416 |
| required to file a bond shall be sold at face value. The maximum | 63417 |
| amount that may be sold on credit to a dealer not required to file | 63418 |
| a bond shall equal one hundred ten per cent of the dealer's | 63419 |
| average monthly purchases over the preceding calendar year. The | 63420 |
| maximum amount shall be adjusted to reflect any changes in the tax | 63421 |
| rate and may be adjusted, upon application to the tax commissioner | 63422 |
| by the dealer, to reflect changes in the business operations of | 63423 |
| the dealer. The maximum amount shall be applicable to the period | 63424 |
| of July through April. Payment by a dealer not required to file a | 63425 |
| bond shall be remitted by electronic funds transfer as prescribed | 63426 |
| by section 5743.051 of the Revised Code. If a dealer not required | 63427 |
| to file a bond fails to make the payment in full within the | 63428 |
| thirty-day period, the treasurer of state shall not thereafter | 63429 |
| sell stamps or meter impressions to that dealer until the dealer | 63430 |
| pays the outstanding amount, including penalty and interest on | 63431 |
| that amount as prescribed in this chapter, and the commissioner | 63432 |
| thereafter may require the dealer to file a bond until the dealer | 63433 |
| is restored to good standing. The commissioner shall limit | 63434 |
| delivery of stamps and meter impressions on credit to the period | 63435 |
| running from the first day of July of the fiscal year until the | 63436 |
| first day of the following May. Any discount allowed as a | 63437 |
| commission for affixing and canceling stamps or meter impressions | 63438 |
| shall be allowed with respect to sales of stamps and meter | 63439 |
| impressions on credit. | 63440 |
| The treasurer of state shall redeem and pay for any | 63441 |
| destroyed, unused, or spoiled tax stamps and any unused meter | 63442 |
| impressions at their net value, and shall refund to wholesale | 63443 |
| dealers the net amount of state and county taxes paid erroneously | 63444 |
| or paid on cigarettes that have been sold in interstate or foreign | 63445 |
| commerce or that have become unsalable, and the net amount of | 63446 |
| county taxes that were paid on cigarettes that have been sold at | 63447 |
| retail or for retail sale outside a taxing county. | 63448 |
| An application for a refund of tax shall be filed with the | 63449 |
| tax commissioner, on the form prescribed by the commissioner for | 63450 |
| that purpose, within three years from the date the tax stamps are | 63451 |
| destroyed or spoiled, from the date of the erroneous payment, or | 63452 |
| from the date that cigarettes on which taxes have been paid have | 63453 |
| been sold in interstate or foreign commerce or have become | 63454 |
| unsalable. | 63455 |
| On the filing of the application, the commissioner shall | 63456 |
| determine the amount of refund to which the applicant is entitled, | 63457 |
| payable from receipts of the state tax, and, if applicable, | 63458 |
| payable from receipts of a county tax. If the amount is less than | 63459 |
| that claimed, the commissioner shall certify the amount to the | 63460 |
| director of budget and management and treasurer of state for | 63461 |
| payment from the tax refund fund created by section 5703.052 of | 63462 |
| the Revised Code. If the amount is less than that claimed, the | 63463 |
| commissioner shall proceed in accordance with section 5703.70 of | 63464 |
| the Revised Code. | 63465 |
| If a refund is granted for payment of an illegal or erroneous | 63466 |
| assessment issued by the department, the refund shall include | 63467 |
| interest on the amount of the refund from the date of the | 63468 |
| overpayment. The interest shall be computed at the rate per annum | 63469 |
| prescribed by section 5703.47 of the Revised Code. | 63470 |
| Sec. 5743.071. Each manufacturer, each importer, each | 63471 |
| wholesale dealer, and each retail dealer shall maintain complete | 63472 |
| and accurate records of all purchases and sales of cigarettes, and | 63473 |
| shall procure and retain all invoices, bills of lading, and other | 63474 |
| documents relating to the purchases and sales of cigarettes, | 63475 |
| except that no retail dealer shall be required to issue or | 63476 |
| maintain invoices relating to | 63477 |
| cigarettes. The invoices or documents shall be maintained for each | 63478 |
| place of business and shall show the name and address of the other | 63479 |
| party to the purchase or sale and shall show the quantity, by | 63480 |
| brand style, of the cigarettes so sold or purchased. | 63481 |
| The records and documents shall be open during business hours | 63482 |
| to the inspection of the tax commissioner, and shall be preserved | 63483 |
| for a period of three years, unless the commissioner, in writing, | 63484 |
| consents to their destruction within that period, or by order | 63485 |
| requires that they be kept for a longer period. With the tax | 63486 |
| commissioner's consent, a person with multiple places of business | 63487 |
| may keep centralized records but shall transmit duplicates of the | 63488 |
| invoices or documents to each place of business within seventy-two | 63489 |
| hours after the tax commissioner or the tax commissioner's | 63490 |
| designee requests access to the records. | 63491 |
| Public access to reports submitted by license holders shall | 63492 |
| be provided under the procedures prescribed under division (B) of | 63493 |
| section 149.43 of the Revised Code. Information regarding | 63494 |
| quantities of cigarettes by brand style shall not be made | 63495 |
| available to any person other than the tax commissioner or the tax | 63496 |
| commissioner's designee, the United States secretary of the | 63497 |
| treasury or the secretary's designee, or law enforcement | 63498 |
| officials. | 63499 |
| Sec. 5743.072. (A) Each manufacturer and each importer | 63500 |
| shipping cigarettes into or within this state shall file a monthly | 63501 |
| report with the tax commissioner in accordance with rules adopted | 63502 |
| by the tax commissioner under Chapter 119. of the Revised Code. | 63503 |
| (B) Indian tribal entities engaged in the retail sale or | 63504 |
| distribution of cigarettes shall include in the report required | 63505 |
| under this section the name and address of each nontribal member | 63506 |
| that purchased cigarettes during the reporting period and the | 63507 |
| quantity of cigarettes, by brand style, so purchased. | 63508 |
| Sec. 5743.08. Whenever the tax commissioner discovers any | 63509 |
| cigarettes, subject to the taxes levied under section 5743.02, | 63510 |
| 5743.022, 5743.024, or 5743.026 of the Revised Code, and upon | 63511 |
| which the taxes have not been paid or that are held for sale or | 63512 |
| distribution in violation of any other provision of this chapter, | 63513 |
| the commissioner may seize and take possession of such cigarettes, | 63514 |
| which shall thereupon be forfeited to the state, and the | 63515 |
| commissioner | 63516 |
| destroy the
forfeited cigarettes. | 63517 |
| 63518 | |
| 63519 | |
| 63520 | |
| 63521 | |
| not relieve any person from the fine or imprisonment provided for | 63522 |
|
violation of
sections 5743.01 to 5743.20 of the
Revised Code. | 63523 |
| 63524 | |
| 63525 | |
| 63526 | |
| 63527 |
| Sec. 5743.081. (A) If any wholesale dealer or retail dealer | 63528 |
| fails to pay the tax levied under section 5743.02, 5743.021, | 63529 |
| 5743.024, or 5743.026 of the Revised Code as required by sections | 63530 |
| 5743.01 to 5743.20 of the Revised Code, and by the rules of the | 63531 |
| tax commissioner, or fails to collect the tax from the purchaser | 63532 |
| or consumer, the commissioner may make an assessment against the | 63533 |
| wholesale or retail dealer based upon any information in the | 63534 |
| commissioner's possession. | 63535 |
| The commissioner may make an assessment against any wholesale | 63536 |
| or retail dealer who fails to file a return required by section | 63537 |
| 5743.03 or 5743.025 of the Revised Code. | 63538 |
| No assessment shall be made against any wholesale or retail | 63539 |
| dealer for any taxes imposed under section 5743.02, 5743.022, | 63540 |
| 5743.024, or 5743.026 of the Revised Code more than three years | 63541 |
| after the last day of the calendar month that immediately follows | 63542 |
| the semiannual period prescribed in section 5743.03 of the Revised | 63543 |
| Code in which the sale was made, or more than three years after | 63544 |
| the semiannual return for such period is filed, whichever is | 63545 |
| later. This section does not bar an assessment against any | 63546 |
| wholesale or retail dealer who fails to file a return as required | 63547 |
| by section 5743.025 or 5743.03 of the Revised Code, or who files a | 63548 |
| fraudulent return. | 63549 |
| A penalty of up to thirty per cent may be added to the amount | 63550 |
| of every assessment made under this section. The commissioner may | 63551 |
| adopt rules providing for the imposition and remission of | 63552 |
| penalties added to assessments made under this section. | 63553 |
| The commissioner shall give the party assessed written notice | 63554 |
| of the assessment in the manner provided in section 5703.37 of the | 63555 |
| Revised Code. The notice shall specify separately any portion of | 63556 |
| the assessment that represents a county tax. With the notice, the | 63557 |
| commissioner shall provide instructions on how to petition for | 63558 |
| reassessment and request a hearing on the petition. | 63559 |
| (B) Unless the party assessed files with the tax commissioner | 63560 |
| within sixty days after service of the notice of assessment, | 63561 |
| either personally or by certified mail, a written petition for | 63562 |
| reassessment signed by the party assessed or that party's | 63563 |
| authorized agent having knowledge of the facts, the assessment | 63564 |
| becomes final and the amount of the assessment is due and payable | 63565 |
| from the party assessed to the treasurer of state. The petition | 63566 |
| shall indicate the objections of the party assessed, but | 63567 |
| additional objections may be raised in writing if received by the | 63568 |
| commissioner prior to the date shown on the final determination. | 63569 |
| If the petition has been properly filed, the commissioner shall | 63570 |
| proceed under section 5703.60 of the Revised Code. | 63571 |
| (C) After an assessment becomes final, if any portion of the | 63572 |
| assessment remains unpaid, including accrued interest, a certified | 63573 |
| copy of the tax commissioner's entry making the assessment final | 63574 |
| may be filed in the office of the clerk of the court of common | 63575 |
| pleas in the county in which the wholesale or retail dealer's | 63576 |
| place of business is located or the county in which the party | 63577 |
| assessed resides. If the party assessed maintains no place of | 63578 |
| business in this state and is not a resident of this state, the | 63579 |
| certified copy of the entry may be filed in the office of the | 63580 |
| clerk of the court of common pleas of Franklin county. | 63581 |
| Immediately upon the filing of the commissioner's entry, the | 63582 |
| clerk shall enter a judgment for the state against the party | 63583 |
| assessed in the amount shown on the entry. The judgment may be | 63584 |
| filed by the clerk in a loose-leaf book entitled "special | 63585 |
| judgments for state cigarette sales tax," and shall have the same | 63586 |
| effect as other judgments. Execution shall issue upon the judgment | 63587 |
| upon the request of the tax commissioner, and all laws applicable | 63588 |
| to sales on execution shall apply to sales made under the | 63589 |
| judgment, except as otherwise provided in sections 5743.01 to | 63590 |
| 5743.20 of the Revised Code. | 63591 |
| The portion of the assessment not paid within sixty days | 63592 |
| after the assessment was issued shall bear interest at the rate | 63593 |
| per annum prescribed by section 5703.47 of the Revised Code from | 63594 |
| the day the commissioner issues the assessment until it is paid. | 63595 |
| Interest shall be paid in the same manner as the tax and may be | 63596 |
| collected by the issuance of an assessment under this section. | 63597 |
| (D) All money collected by the tax commissioner under this | 63598 |
| section shall be paid to the treasurer of state, and when paid | 63599 |
| shall be considered as revenue arising from the taxes imposed by | 63600 |
| sections 5743.01 to 5743.20 of the Revised Code. | 63601 |
| Sec. 5743.12. No person shall make a false entry upon an | 63602 |
| invoice, package, or container of cigarettes upon which an entry | 63603 |
| is required by sections 5743.01 to 5743.20 of the Revised Code, | 63604 |
| nor shall any person present any such false entry for the | 63605 |
| inspection of the tax commissioner with intent to evade the tax | 63606 |
| levied under section 5743.02, 5743.022, 5743.024, or 5743.026 of | 63607 |
| the Revised Code. | 63608 |
| Sec. 5743.13. No person shall falsely or fraudulently make, | 63609 |
| forge, alter, or counterfeit any stamp prescribed by the tax | 63610 |
| commissioner under section 5743.03 of the Revised Code, or cause | 63611 |
| to be falsely or fraudulently made, forged, altered, or | 63612 |
| counterfeited any such stamp, or possess any counterfeiting | 63613 |
| device, or knowingly and willfully utter, publish, pass, or tender | 63614 |
| as true, any such false, altered, forged, or counterfeited stamp, | 63615 |
| or use more than once any such stamp for the purpose of evading | 63616 |
| the tax levied under section 5743.02, 5743.022, 5743.024, or | 63617 |
| 5743.026 of the Revised Code. | 63618 |
| Sec. 5743.14. (A) The tax commissioner | 63619 |
| 63620 | |
| 63621 |
| | 63622 |
| the facilities and records of a manufacturer, importer, wholesale | 63623 |
| dealer, or retail dealer. Such entrance and inspection requires a | 63624 |
| properly issued search warrant if conducted outside the normal | 63625 |
| business hours of the manufacturer, importer, wholesale dealer, or | 63626 |
| retail dealer, but does not require a search warrant if conducted | 63627 |
| during the normal business hours of the manufacturer, importer, | 63628 |
| wholesale dealer, or retail dealer. No person shall prevent or | 63629 |
| hinder the tax commissioner or an agent of the tax commissioner | 63630 |
|
from
| 63631 |
| 63632 | |
| 63633 | |
| 63634 | |
| 63635 | |
| 63636 |
| (B) If the tax commissioner, an agent of the tax | 63637 |
| commissioner, or a law enforcement officer as defined in section | 63638 |
| 2901.01 of the Revised Code knows or has reasonable cause to | 63639 |
| believe that a motor vehicle is transporting cigarettes in | 63640 |
| violation of this chapter, the tax commissioner, agent, or law | 63641 |
| enforcement officer may stop the vehicle and inspect the vehicle | 63642 |
| to determine the presence of such cigarettes. | 63643 |
| Sec. 5743.15. (A) No person shall engage in this state in | 63644 |
| the wholesale or retail business of trafficking in cigarettes | 63645 |
| 63646 | |
| of cigarettes
without having a license to | 63647 |
| activity, except that on dissolution of a partnership by death, | 63648 |
| the surviving partner may operate under the license of the | 63649 |
| partnership until expiration of the license, and the heirs or | 63650 |
| legal representatives of deceased persons, and receivers and | 63651 |
| trustees in bankruptcy appointed by any competent authority, may | 63652 |
| operate under the license of the person succeeded in possession by | 63653 |
| such heir, representative, receiver, or trustee in bankruptcy. | 63654 |
| Each applicant for a license under this section, annually, on | 63655 |
| or before the fourth Monday of May, shall make and deliver to the | 63656 |
| county auditor of the county in which | 63657 |
| engage in the wholesale or retail business of trafficking in | 63658 |
| cigarettes or in the business of a manufacturer or importer of | 63659 |
| cigarettes, upon a blank furnished by such auditor for that | 63660 |
| purpose, a statement showing the name of the applicant, each place | 63661 |
| in the county where the applicant's business is conducted, the | 63662 |
| nature of the business, and any other information the tax | 63663 |
| commissioner
requires in the form of statement prescribed by | 63664 |
| the commissioner. If the applicant is a firm, partnership, or | 63665 |
| association other than a corporation, the application shall state | 63666 |
| the name and address of each of its members. If the applicant is a | 63667 |
| corporation, the application shall state the name and address of | 63668 |
| each of its officers. At the time of making the application | 63669 |
| required by this section, every person desiring to engage in the | 63670 |
| wholesale business of trafficking in cigarettes shall pay into the | 63671 |
| county treasury a license tax in the sum of two hundred dollars, | 63672 |
| or if desiring to engage in the retail business of trafficking in | 63673 |
| cigarettes, a license tax in the sum of thirty dollars for each of | 63674 |
| the first five places where
| 63675 |
| such business and twenty-five dollars for each additional place. | 63676 |
| Each place of business shall be deemed such space, under lease or | 63677 |
| license to, or under the control of, or under the supervision of | 63678 |
| the applicant, as is contained in one or more contiguous, | 63679 |
| adjacent, or adjoining buildings constituting an industrial plant | 63680 |
| or a place of business operated by, or under the control of, one | 63681 |
| person, or under one roof and connected by doors, halls, | 63682 |
| stairways, or elevators, which space may contain any number of | 63683 |
| points at which cigarettes are offered for sale, provided that | 63684 |
| each additional point at which cigarettes are offered for sale | 63685 |
| shall be listed in the application. | 63686 |
| Upon receipt of the application required by this section and | 63687 |
| exhibition of the county treasurer's receipt showing the payment | 63688 |
| of the tax, the county auditor shall issue to the applicant a | 63689 |
| license for each place of business designated in the application, | 63690 |
| authorizing the applicant to engage in such business at such place | 63691 |
| for one year commencing on the fourth Monday of May. Companies | 63692 |
| operating club or dining cars or other cars upon which cigarettes | 63693 |
| are sold shall obtain licenses at railroad terminals within the | 63694 |
| state, under such rules as are prescribed by the commissioner. The | 63695 |
| form of the license shall be prescribed by the commissioner. A | 63696 |
| duplicate license may be obtained from the county auditor upon | 63697 |
| payment of a fifty cent fee if the original license is lost, | 63698 |
| destroyed, or defaced. When an application is filed after the | 63699 |
| fourth Monday of May, the license tax required to be paid shall be | 63700 |
| proportioned in amount to the remainder of the license year, | 63701 |
| except that it shall not be less than one fifth of the whole | 63702 |
| amount in any one year. | 63703 |
| The holder of a wholesale or retail dealer's cigarette | 63704 |
| license may transfer the license to a place of business within the | 63705 |
| same county other than that designated on the license or may | 63706 |
| assign the license to another person for use in the same county on | 63707 |
| condition that the licensee or assignee, whichever is applicable, | 63708 |
| make application to the county auditor therefor, upon forms | 63709 |
| approved by the commissioner and the payment of a fee of one | 63710 |
| dollar into the county treasury. | 63711 |
| (B)(1) The wholesale cigarette license tax revenue collected | 63712 |
| under this section shall be distributed as follows: | 63713 |
| (a) Thirty-seven and one-half per cent shall be paid upon the | 63714 |
| warrant of the county auditor into the treasury of the municipal | 63715 |
| corporation or township in which the place of business for which | 63716 |
| the tax revenue was received is located; | 63717 |
| (b) Fifteen per cent shall be credited to the general fund of | 63718 |
| the county; | 63719 |
| (c) Forty-seven and one-half per cent shall be paid into the | 63720 |
| cigarette tax enforcement fund created by division (C) of this | 63721 |
| section. | 63722 |
| (2) The revenue collected from the thirty dollar tax imposed | 63723 |
| upon the first five places of business of a person engaged in the | 63724 |
| retail business of trafficking in cigarettes shall be distributed | 63725 |
| as follows: | 63726 |
| (a) Sixty-two and one-half per cent shall be paid upon the | 63727 |
| warrant of the county auditor into the treasury of the municipal | 63728 |
| corporation or township in which the places of business for which | 63729 |
| the tax revenue was received are located; | 63730 |
| (b) Twenty-two and one-half per cent shall be credited to the | 63731 |
| general fund of the county; | 63732 |
| (c) Fifteen per cent shall be paid into the cigarette tax | 63733 |
| enforcement fund created by division (C) of this section. | 63734 |
| (3) The remainder of the revenues and fines collected under | 63735 |
| this section and the penal laws relating to cigarettes shall be | 63736 |
| distributed as follows: | 63737 |
| (a) Three-fourths shall be paid upon the warrant of the | 63738 |
| county auditor into the treasury of the municipal corporation or | 63739 |
| township in which the place of business, on account of which the | 63740 |
| revenues and fines were received, is located; | 63741 |
| (b) One-fourth shall be credited to the general fund of the | 63742 |
| county. | 63743 |
| (C) There is hereby created within the state treasury the | 63744 |
| cigarette tax enforcement fund for the purpose of providing funds | 63745 |
| to assist in paying the costs of enforcing sections 1333.11 to | 63746 |
| 1333.21 and Chapter 5743. of the Revised Code. | 63747 |
| The portion of cigarette license tax revenues received by a | 63748 |
| county auditor during the annual application period that ends | 63749 |
| before the fourth Monday in May which is required to be deposited | 63750 |
| in the cigarette tax enforcement fund shall be sent to the | 63751 |
| treasurer of state by the thirtieth day of June each year. The | 63752 |
| portion of license tax money received by each county auditor after | 63753 |
| the fourth Monday in May which is required to be deposited in the | 63754 |
| cigarette tax enforcement fund shall be sent to the treasurer of | 63755 |
| state by the thirty-first day of December. | 63756 |
| Sec. 5743.16. On or before the first Monday of June, | 63757 |
| annually, each county auditor shall certify to the tax | 63758 |
| commissioner a list showing the names of all persons licensed in | 63759 |
| 63760 | |
| in cigarettes, and such other information as to each, available | 63761 |
| from the records in the office of the auditor, as the commissioner | 63762 |
| prescribes. As such licenses are issued during the year, the | 63763 |
| auditor shall certify like lists and additions thereto to the | 63764 |
| commissioner. The commissioner shall keep an alphabetical index of | 63765 |
| such licenses certified to | 63766 |
| the index of valid license holders on a regular basis. | 63767 |
| Sec. 5743.18. Upon notice and hearing in accordance with | 63768 |
| sections 119.01 to 119.13 of the Revised Code, the tax | 63769 |
| commissioner may revoke any manufacturer, importer, wholesale, or | 63770 |
| retail cigarette license for violation of sections 5743.01 to | 63771 |
| 5743.21 of the Revised Code. A certified copy of the order | 63772 |
| revoking such license shall be transmitted to the county auditor | 63773 |
| of the county in which the license was issued. | 63774 |
| Sec. 5743.19. No person shall engage in business as a | 63775 |
| manufacturer or importer, or in the wholesale or retail business | 63776 |
| of
trafficking in cigarettes, without having a license therefor | 63777 |
| as required by section 5743.15 of the Revised Code. | 63778 |
| Sec. 5743.20. No person shall sell any cigarettes both as a | 63779 |
| retail dealer and as a wholesale dealer at the same place of | 63780 |
| business. | 63781 |
| 63782 | |
| person other than a licensed wholesale dealer shall sell | 63783 |
| cigarettes to a licensed retail dealer. No retail dealer shall | 63784 |
| purchase cigarettes from any person other than a licensed | 63785 |
| wholesale dealer. | 63786 |
| A licensed wholesale dealer may not sell cigarettes to any | 63787 |
| person in this state other than a licensed retail dealer, except a | 63788 |
| licensed wholesale dealer may sell cigarettes to another licensed | 63789 |
| wholesale dealer if the tax commissioner has authorized the sale | 63790 |
| of the cigarettes between those wholesale dealers and the | 63791 |
| wholesale dealer that sells the cigarettes received them directly | 63792 |
| from a licensed manufacturer or licensed importer. | 63793 |
| The tax commissioner shall adopt rules governing sales of | 63794 |
| cigarettes between licensed wholesale dealers, including rules | 63795 |
| establishing criteria for authorizing such sales. | 63796 |
| No manufacturer or importer shall sell cigarettes to any | 63797 |
| person in this state other than to a licensed wholesale dealer or | 63798 |
| licensed importer. No importer shall purchase cigarettes from any | 63799 |
| person other than a licensed manufacturer or licensed importer. | 63800 |
| As used in this section, "licensed" means the manufacturer, | 63801 |
| importer, wholesale dealer, or retail dealer holds a current and | 63802 |
| valid license issued under section 5743.15 of the Revised Code. | 63803 |
| Sec. 5743.32. To provide revenue for the general revenue | 63804 |
| fund of the state, an excise tax is hereby levied on the use, | 63805 |
| consumption, or storage for consumption of cigarettes by consumers | 63806 |
|
in this state at the rate of
| 63807 |
| on each cigarette. The tax shall not apply if the tax levied by | 63808 |
| section 5743.02 of the Revised Code has been paid. | 63809 |
| The money received into the state treasury from the excise | 63810 |
| tax levied by this section shall be credited to the general | 63811 |
| revenue fund. | 63812 |
| Sec. 5743.321. For the same purposes for which it levies a | 63813 |
| tax under section 5743.022 of the Revised Code, the board of | 63814 |
| trustees of a regional arts and cultural district that levies a | 63815 |
| tax under that section, by resolution adopted by a majority of the | 63816 |
| board, shall levy a tax at the same rate on the use, consumption, | 63817 |
| or storage for consumption of cigarettes by consumers in the | 63818 |
| county in which that tax is levied, provided that the tax shall | 63819 |
| not apply if the tax levied by section 5743.022 of the Revised | 63820 |
| Code has been paid. The tax shall take effect on the date that a | 63821 |
| tax levied under that section takes effect, and shall remain in | 63822 |
| effect as long as the tax levied under that section remains | 63823 |
| effective. | 63824 |
| Sec. 5743.33. Every person who has acquired cigarettes for | 63825 |
| use, storage, or other consumption subject to the tax levied under | 63826 |
| section 5743.32, 5743.321, 5743.323, or 5743.324 of the Revised | 63827 |
| Code, shall, on or before the fifteenth day of the month following | 63828 |
| receipt of such cigarettes, file with the tax commissioner a | 63829 |
| return showing the amount of cigarettes acquired, together with | 63830 |
| remittance of the tax thereon. No such person shall transport | 63831 |
| within this state, cigarettes that have a wholesale value in | 63832 |
|
excess of | 63833 |
| obtained consent to transport the cigarettes from the department | 63834 |
| of taxation prior to such transportation. Such consent shall not | 63835 |
| be required if the applicable taxes levied under sections 5743.02, | 63836 |
| 5743.022, 5743.024, and 5743.026 of the Revised Code have been | 63837 |
| paid. Application for the consent shall be in the form prescribed | 63838 |
| by the tax commissioner. | 63839 |
| Every person transporting such cigarettes shall possess the | 63840 |
| consent while transporting or possessing the cigarettes within | 63841 |
| this state and shall produce the consent upon request of any law | 63842 |
| enforcement officer or authorized agent of the tax commissioner. | 63843 |
| Any person transporting such cigarettes without the consent | 63844 |
| required by this section, shall be subject to the provisions of | 63845 |
| this chapter, including the applicable taxes imposed by sections | 63846 |
| 5743.02, 5743.022, 5743.024, and 5743.026 of the Revised Code. | 63847 |
| Sec. 5743.34. If any person required to pay the tax levied | 63848 |
| under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 63849 |
| Revised Code, fails to make remittance, the tax commissioner may | 63850 |
| issue an assessment against that person based on any information | 63851 |
| in the commissioner's possession. | 63852 |
| Sections 5743.081 and 5743.082 of the Revised Code relating | 63853 |
| to the assessments or findings, appeals from assessments or | 63854 |
| findings, the effect of assessments or findings before or after | 63855 |
| hearing and before or after filing the same in the office of the | 63856 |
| clerk of the court of common pleas, and all sections relating to | 63857 |
| the procedure, authority, duties, liabilities, powers, and | 63858 |
| privileges of the person assessed, the commissioner, the clerk, | 63859 |
| and all other public officials, shall be applicable to assessments | 63860 |
| made pursuant to this section. | 63861 |
| Sec. 5743.35. No person required by section 5743.33 of the | 63862 |
| Revised Code to file a return with the tax commissioner shall fail | 63863 |
| to make such return, or fail to pay the applicable taxes levied | 63864 |
| under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 63865 |
| Revised Code, or fail to pay any lawful assessment issued by the | 63866 |
| commissioner. | 63867 |
| Sec. 5743.51. (A) To provide revenue for the general revenue | 63868 |
| fund of the state, an excise tax on tobacco products is hereby | 63869 |
| levied at the rate of | 63870 |
| price of the tobacco product received by a distributor or sold by | 63871 |
| a manufacturer to a retail dealer located in this state. Each | 63872 |
| distributor who brings tobacco products, or causes tobacco | 63873 |
| products to be brought, into this state for distribution within | 63874 |
| this state, or any out-of-state distributor who sells tobacco | 63875 |
| products to wholesale or retail dealers located in this state for | 63876 |
| resale by those wholesale or retail dealers is liable for the tax | 63877 |
| imposed by this section. Only one sale of the same article shall | 63878 |
| be used in computing the amount of the tax due. | 63879 |
| (B) The treasurer of state shall place to the credit of the | 63880 |
| tax refund fund created by section 5703.052 of the Revised Code, | 63881 |
| out of the receipts from the tax levied by this section, amounts | 63882 |
| equal to the refunds certified by the tax commissioner pursuant to | 63883 |
| section 5743.53 of the Revised Code. The balance of the taxes | 63884 |
| collected under this section shall be paid into the general | 63885 |
| revenue fund. | 63886 |
| (C) The commissioner may adopt rules as are necessary to | 63887 |
| assist in the enforcement and administration of sections 5743.51 | 63888 |
| to 5743.66 of the Revised Code, including rules providing for the | 63889 |
| remission of penalties imposed. | 63890 |
| (D) A manufacturer is not liable for payment of the tax | 63891 |
| imposed by this section for sales of tobacco products to a retail | 63892 |
| dealer that has filed a signed statement with the manufacturer in | 63893 |
| which the retail dealer agrees to pay and be liable for the tax, | 63894 |
| as long as the manufacturer has provided a copy of the statement | 63895 |
| to the tax commissioner. | 63896 |
| Sec. 5743.62. (A) To provide revenue for the general revenue | 63897 |
| fund of the state, an excise tax is hereby levied on the seller of | 63898 |
| tobacco products in this state at the rate of | 63899 |
| cent of the wholesale price of the tobacco product whenever the | 63900 |
| tobacco product is delivered to a consumer in this state for the | 63901 |
| storage, use, or other consumption of such tobacco products. The | 63902 |
| tax imposed by this section applies only to sellers having nexus | 63903 |
| in this state, as defined in section 5741.01 of the Revised Code. | 63904 |
| (B) A seller of tobacco products who has nexus in this state | 63905 |
| as defined in section 5741.01 of the Revised Code shall register | 63906 |
| with the tax commissioner and supply any information concerning | 63907 |
| the seller's contacts with this state as may be required by the | 63908 |
| tax commissioner. A seller who does not have nexus in this state | 63909 |
| may voluntarily register with the tax commissioner. A seller who | 63910 |
| voluntarily registers with the tax commissioner is entitled to the | 63911 |
| same benefits and is subject to the same duties and requirements | 63912 |
| as a seller required to be registered with the tax commissioner | 63913 |
| under this division. | 63914 |
| (C) Each seller of tobacco products subject to the tax levied | 63915 |
| by this section, on or before the last day of each month, shall | 63916 |
| file with the tax commissioner a return for the preceding month | 63917 |
| showing any information the tax commissioner finds necessary for | 63918 |
| the proper administration of sections 5743.51 to 5743.66 of the | 63919 |
| Revised Code, together with remittance of the tax due, payable to | 63920 |
| the treasurer of state. The return and payment of the tax required | 63921 |
| by this section shall be filed in such a manner that it is | 63922 |
| received by the tax commissioner on or before the last day of the | 63923 |
| month following the reporting period. If the return is filed and | 63924 |
| the amount of the tax shown on the return to be due is paid on or | 63925 |
| before the date the return is required to be filed, the seller is | 63926 |
| entitled to a discount equal to two and five-tenths per cent of | 63927 |
| the amount shown on the return to be due. | 63928 |
| (D) The tax commissioner shall immediately forward to the | 63929 |
| treasurer of state all money received from the tax levied by this | 63930 |
| section, and the treasurer shall credit the amount to the general | 63931 |
| revenue fund. | 63932 |
| (E) Each seller of tobacco products subject to the tax levied | 63933 |
| by this section shall mark on the invoices of tobacco products | 63934 |
| sold that the tax levied by that section has been paid and shall | 63935 |
| indicate the seller's account number as assigned by the tax | 63936 |
| commissioner. | 63937 |
| Sec. 5743.63. (A) To provide revenue for the general revenue | 63938 |
| fund of the state, an excise tax is hereby levied on the storage, | 63939 |
| use, or other consumption of tobacco products at the rate of | 63940 |
| 63941 | |
| product, provided the tax has not been paid by the seller as | 63942 |
| provided in section 5743.62 of the Revised Code, or by the | 63943 |
| distributor as provided in section 5743.51 of the Revised Code. | 63944 |
| (B) Each person subject to the tax levied by this section, on | 63945 |
| or before the last day of each month, shall file with the tax | 63946 |
| commissioner a return for the preceding month showing any | 63947 |
| information the tax commissioner finds necessary for the proper | 63948 |
| administration of sections 5743.51 to 5743.66 of the Revised Code, | 63949 |
| together with remittance of the tax due, payable to the treasurer | 63950 |
| of state. The return and payment of the tax required by this | 63951 |
| section shall be filed in such a manner that it is received by the | 63952 |
| tax commissioner on or before the last day of the month following | 63953 |
| the reporting period. | 63954 |
| (C) The tax commissioner shall immediately forward to the | 63955 |
| treasurer of state all money received from the tax levied by this | 63956 |
| section, and the treasurer shall credit the amount to the general | 63957 |
| revenue fund. | 63958 |
| Sec. 5743.71. As used in sections 5743.71 to 5743.76 of the | 63959 |
| Revised Code: | 63960 |
| (A) "Cigarettes" has the same meaning as in section 5743.01 | 63961 |
| of the Revised Code. | 63962 |
| (B) "Computer network" means the interconnection of | 63963 |
| communication lines or wireless telecommunications with a computer | 63964 |
| or wireless telecommunication device through remote terminals, a | 63965 |
| complex consisting of two or more interconnected computers, or a | 63966 |
| worldwide collection of interconnected networks operating as the | 63967 |
| internet. | 63968 |
| (C) "Delivery sale" means a transaction for the purchase of | 63969 |
| cigarettes in which an offer to purchase cigarettes is made | 63970 |
| electronically using a computer network or by mail and acceptance | 63971 |
| of the offer results in delivery of the cigarettes to a named | 63972 |
| individual at a designated address. | 63973 |
| (D) "Merchant" means a person that engages in selling | 63974 |
| cigarettes by delivery sale. | 63975 |
| Sec. 5743.72. A merchant shall not mail or ship cigarettes | 63976 |
| as part of a delivery sale to a customer to whom the merchant has | 63977 |
| not previously mailed or shipped cigarettes unless, before mailing | 63978 |
| or shipping the cigarettes, the merchant complies with divisions | 63979 |
| (A), (B), (C), and (D) of this section. A merchant shall not mail | 63980 |
| or ship cigarettes as part of a delivery sale to a customer to | 63981 |
| whom the merchant has previously mailed or shipped cigarettes, | 63982 |
| unless, before mailing or shipping the cigarettes, the merchant | 63983 |
| complies with divisions (C) and (D) of this section. A merchant | 63984 |
| that is mailing or shipping cigarettes as part of a delivery sale | 63985 |
| to a customer to whom the merchant has previously mailed or | 63986 |
| shipped cigarettes shall, prior to mailing or shipping the | 63987 |
| cigarettes, make a good faith effort to verify through its | 63988 |
| business records that the information required under division (B) | 63989 |
| of this section remains valid with respect to that customer. | 63990 |
| (A) The merchant shall provide to the prospective customer a | 63991 |
| written statement that: | 63992 |
| (1) The prospective customer signs and returns to the | 63993 |
| merchant; | 63994 |
| (2) When returned by the prospective customer, shows the | 63995 |
| prospective customer's name, address, and date of birth; | 63996 |
| (3) Advises the prospective customer that purchasing | 63997 |
| cigarettes by a person under eighteen years of age is punishable | 63998 |
| by a fine of not more than one hundred dollars, that signing | 63999 |
| another person's name to the statement may subject the person to a | 64000 |
| penalty of not more than one thousand dollars, and that providing | 64001 |
| false information on the statement is a misdemeanor of the first | 64002 |
| degree, punishable by a fine up to one thousand dollars and | 64003 |
| imprisonment up to six months; | 64004 |
| (4) Confirms that the order was placed by the prospective | 64005 |
| customer; | 64006 |
| (5) Includes the warning provided under 15 U.S.C. 1333(a)(1); | 64007 |
| (6) States that the sale of the cigarettes is taxable under | 64008 |
| Chapter 5743. of the Revised Code. | 64009 |
| (B) The merchant shall make a good faith effort to verify the | 64010 |
| information in the written statement obtained under division (A) | 64011 |
| of this section by using a federal or commercially available | 64012 |
| database that includes the date of birth or age of the individual | 64013 |
| placing the order. If the prospective customer's age cannot be | 64014 |
| verified using such a database, the prospective customer shall | 64015 |
| submit a photocopy or other image of a valid government-issued | 64016 |
| identification that includes the date of birth or age of the | 64017 |
| customer. For the purposes of this division, a valid | 64018 |
| government-issued identification includes a driver's license, | 64019 |
| state identification card, military identification, passport, | 64020 |
| official naturalization or immigration document, or voter | 64021 |
| registration card. | 64022 |
| (C) The merchant shall receive payment for the delivery sale | 64023 |
| only by a check, credit card, or debit card issued in the name of | 64024 |
| the prospective purchaser. | 64025 |
| (D) The merchant shall submit, to each credit or debit card | 64026 |
| acquiring company with whom the merchant has credit or debit card | 64027 |
| sales, information in an appropriate form so that the word | 64028 |
| "cigarettes" will be printed on the purchaser's credit or debit | 64029 |
| card statement when cigarettes are purchased using a credit or | 64030 |
| debit card. | 64031 |
| Sec. 5743.73. (A)(1) A merchant that mails or ships | 64032 |
| cigarettes as part of a delivery sale shall do one of the | 64033 |
| following: | 64034 |
| (a) Collect and remit all applicable taxes imposed under | 64035 |
| Chapter 5743. of the Revised Code; or | 64036 |
| (b) Place a legible and conspicuous notice on the outside of | 64037 |
| the container in which the cigarettes are mailed or shipped, on | 64038 |
| the same side of the container as the address to which the | 64039 |
| container is being mailed or shipped, stating the following: "If | 64040 |
| these cigarettes have been shipped to you from a merchant located | 64041 |
| outside the state in which you reside, the merchant, pursuant to | 64042 |
| federal law, has reported information about the sale of these | 64043 |
| cigarettes, including your name and address, to your state tax | 64044 |
| collection agency. You are legally responsible for all applicable | 64045 |
| unpaid state taxes on these cigarettes." | 64046 |
| (2) In addition to complying with division (A)(1)(a) or (b) | 64047 |
| of this section, a merchant that mails or ships cigarettes as part | 64048 |
| of a delivery sale shall inform the customer in writing of the | 64049 |
| amount of taxes imposed under Chapter 5743. of the Revised Code. | 64050 |
| (B)(1) If a merchant mails or ships cigarettes as part of a | 64051 |
| delivery sale without engaging a third party mailing or shipping | 64052 |
| service to deliver the cigarettes, the merchant shall require the | 64053 |
| customer, or a person at least eighteen years of age who is | 64054 |
| designated by the customer, to sign to accept delivery and, if the | 64055 |
| customer or the customer's designee appears to be under | 64056 |
| twenty-seven years of age in the opinion of the merchant or the | 64057 |
| merchant's employee making the delivery, to present a valid | 64058 |
| driver's license or identification card issued under Chapter 4507. | 64059 |
| of the Revised Code. | 64060 |
| (2) If a merchant mails or ships cigarettes as part of a | 64061 |
| delivery sale and engages a third party mailing or shipping | 64062 |
| service to deliver the cigarettes, the merchant shall do all of | 64063 |
| the following: | 64064 |
| (a) Engage a mailing or shipping service that complies with | 64065 |
| division (C) of this section; | 64066 |
| (b) Provide to the mailing or shipping service evidence of | 64067 |
| the merchant's compliance with division (A) of this section; | 64068 |
| (c) Include the following statement in boldface type or upper | 64069 |
| case letters on the invoice or shipping document: "OHIO LAW | 64070 |
| PROHIBITS THE MAILING OR SHIPPING OF CIGARETTES TO A PERSON LESS | 64071 |
| THAN EIGHTEEN YEARS OF AGE AND REQUIRES PAYMENT OF ALL APPLICABLE | 64072 |
| TAXES." | 64073 |
| (C) A mailing or shipping service engaged by a merchant to | 64074 |
| deliver cigarettes as part of a delivery sale shall require the | 64075 |
| customer, or a person at least eighteen years of age who is | 64076 |
| designated by the customer, to sign to accept delivery and, if the | 64077 |
| customer or the customer's designee appears to be under | 64078 |
| twenty-seven years of age in the opinion of the delivery agent or | 64079 |
| employee of the mailing or shipping service, to present a valid | 64080 |
| driver's license or identification card issued under Chapter 4507. | 64081 |
| of the Revised Code. | 64082 |
| Sec. 5743.74. (A) Before a merchant commences to make | 64083 |
| delivery sales of cigarettes, the merchant shall provide the tax | 64084 |
| commissioner with a written statement containing the name of the | 64085 |
| business under which the merchant conducts business, the | 64086 |
| merchant's business mailing address, the address of the merchant's | 64087 |
| principal place of business, and the address of each of the | 64088 |
| merchant's places of business in this state. | 64089 |
| (B) A merchant that mails or ships cigarettes as part of a | 64090 |
| delivery sale shall file with the tax commissioner a copy of the | 64091 |
| invoice for each delivery sale to a customer in this state. The | 64092 |
| copy shall be filed not later than the tenth day of the month that | 64093 |
| immediately follows the month in which the delivery sale occurs. | 64094 |
| The invoice shall include the following information: | 64095 |
| (1) The name and address of the person to whom the cigarettes | 64096 |
| were delivered; | 64097 |
| (2) The brand name of the cigarettes delivered; | 64098 |
| (3) The quantity of cigarettes delivered. | 64099 |
| (C) A merchant that complies with 15 U.S.C. 376 shall be | 64100 |
| considered to have satisfied the requirements of divisions (A) and | 64101 |
| (B) of this section. | 64102 |
| Sec. 5743.75. (A)(1) The tax commissioner may impose a | 64103 |
| penalty of not more than one thousand dollars on a merchant that | 64104 |
| fails to obtain a signature and proof of identification of a | 64105 |
| customer or the customer's designee as required under division | 64106 |
| (B)(1) of section 5743.73 of the Revised Code, or that mails or | 64107 |
| ships cigarettes to a person under eighteen years of age. | 64108 |
| (2) The tax commissioner may impose penalties, as follows, on | 64109 |
| a merchant that mails or ships cigarettes as part of a delivery | 64110 |
| sale without first complying with division (A) of section 5743.73 | 64111 |
| of the Revised Code: | 64112 |
| (a) For a violation occurring more than five years after any | 64113 |
| previous violation, a penalty of not more than one thousand | 64114 |
| dollars; | 64115 |
| (b) For a second violation within a five-year period, a | 64116 |
| penalty of not less than one thousand dollars and not more than | 64117 |
| two thousand dollars; | 64118 |
| (c) For a third violation within a five-year period, a | 64119 |
| penalty of not less than two thousand five hundred dollars and not | 64120 |
| more than three thousand five hundred dollars; | 64121 |
| (d) For a fourth violation within a five-year period, a | 64122 |
| penalty of not less than four thousand dollars and not more than | 64123 |
| five thousand dollars; | 64124 |
| (e) For a fifth violation within a five-year period, a | 64125 |
| penalty of not less than five thousand five hundred dollars and | 64126 |
| not more than six thousand five hundred dollars; | 64127 |
| (f) For six or more violations within a five-year period, a | 64128 |
| penalty of ten thousand dollars. | 64129 |
| (3) The tax commissioner may impose a penalty of not more | 64130 |
| than one thousand dollars on a mailing or shipping service that is | 64131 |
| engaged by a merchant to deliver cigarettes as part of a delivery | 64132 |
| sale and that does either of the following: | 64133 |
| (a) Delivers such cigarettes and fails, before such delivery, | 64134 |
| to receive from a merchant evidence of the merchant's compliance | 64135 |
| with division (A) of section 5743.73 of the Revised Code; or | 64136 |
| (b) Delivers such cigarettes and fails to obtain a signature | 64137 |
| and proof of identification of a customer or the customer's | 64138 |
| designee as required under division (C) of section 5743.73 of the | 64139 |
| Revised Code. | 64140 |
| (4) The tax commissioner may impose a penalty of not more | 64141 |
| than one thousand dollars on any person who receives cigarettes as | 64142 |
| part of a delivery sale and who signs another person's name to the | 64143 |
| statement required under division (A) of section 5743.72 of the | 64144 |
| Revised Code. | 64145 |
| (B) Penalties imposed under this section shall be collected | 64146 |
| by assessment issued by the tax commissioner in the same manner | 64147 |
| provided for issuing assessments under section 5743.081 or | 64148 |
| 5743.082 of the Revised Code. The provisions of those sections | 64149 |
| relating to issuing assessments, providing notice of assessments, | 64150 |
| appealing assessments, the effect of assessments before and after | 64151 |
| the hearing and before and after the assessment is filed with the | 64152 |
| clerk of the court of common pleas, and all other provisions | 64153 |
| relating to procedure, authority, duties, liabilities, and | 64154 |
| privileges of the tax commissioner, the person assessed, the clerk | 64155 |
| of courts, or other public official apply to assessments for the | 64156 |
| collection of penalties imposed under this section. | 64157 |
| (C) The proceeds of all penalties collected under this | 64158 |
| section shall be credited to the cigarette tax enforcement fund | 64159 |
| created under section 5743.15 of the Revised Code. | 64160 |
| Sec. 5743.76. The tax commissioner may seize cigarettes sold | 64161 |
| in violation of section 5743.72, 5743.73, or 5743.74 of the | 64162 |
| Revised Code and cigarettes that any person attempts to sell in | 64163 |
| violation of any of those sections. Cigarettes seized under this | 64164 |
| section are forfeited to this state upon seizure. The tax | 64165 |
| commissioner shall provide for the destruction of all cigarettes | 64166 |
| seized and forfeited under this section. | 64167 |
| Sec. 5747.01. Except as otherwise expressly provided or | 64168 |
| clearly appearing from the context, any term used in this chapter | 64169 |
| that is not otherwise defined in this section has the same meaning | 64170 |
| as when used in a comparable context in the laws of the United | 64171 |
| States relating to federal income taxes or if not used in a | 64172 |
| comparable context in those laws, has the same meaning as in | 64173 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 64174 |
| to the Internal Revenue Code includes other laws of the United | 64175 |
| States relating to federal income taxes. | 64176 |
| As used in this chapter: | 64177 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 64178 |
| means federal adjusted gross income, as defined and used in the | 64179 |
| Internal Revenue Code, adjusted as provided in this section: | 64180 |
| (1) Add interest or dividends on obligations or securities of | 64181 |
| any state or of any political subdivision or authority of any | 64182 |
| state, other than this state and its subdivisions and authorities. | 64183 |
| (2) Add interest or dividends on obligations of any | 64184 |
| authority, commission, instrumentality, territory, or possession | 64185 |
| of the United States to the extent that the interest or dividends | 64186 |
| are exempt from federal income taxes but not from state income | 64187 |
| taxes. | 64188 |
| (3) Deduct interest or dividends on obligations of the United | 64189 |
| States and its territories and possessions or of any authority, | 64190 |
| commission, or instrumentality of the United States to the extent | 64191 |
| that the interest or dividends are included in federal adjusted | 64192 |
| gross income but exempt from state income taxes under the laws of | 64193 |
| the United States. | 64194 |
| (4) Deduct disability and survivor's benefits to the extent | 64195 |
| included in federal adjusted gross income. | 64196 |
| (5) Deduct benefits under Title II of the Social Security Act | 64197 |
| and tier 1 railroad retirement benefits to the extent included in | 64198 |
| federal adjusted gross income under section 86 of the Internal | 64199 |
| Revenue Code. | 64200 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 64201 |
| that makes an accumulation distribution as defined in section 665 | 64202 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 64203 |
| years
beginning before 2002 | 64204 |
| such distribution that does not exceed the undistributed net | 64205 |
| income of the trust for the three taxable years preceding the | 64206 |
| taxable year in which the distribution is made to the extent that | 64207 |
| the portion was not included in the trust's taxable income for any | 64208 |
| of the trust's taxable years beginning in
2002 | 64209 |
| thereafter. "Undistributed net income of a trust" means the | 64210 |
| taxable income of the trust increased by (a)(i) the additions to | 64211 |
| adjusted gross income required under division (A) of this section | 64212 |
| and (ii) the personal exemptions allowed to the trust pursuant to | 64213 |
| section 642(b) of the Internal Revenue Code, and decreased by | 64214 |
| (b)(i) the deductions to adjusted gross income required under | 64215 |
| division (A) of this section, (ii) the amount of federal income | 64216 |
| taxes attributable to such income, and (iii) the amount of taxable | 64217 |
| income that has been included in the adjusted gross income of a | 64218 |
| beneficiary by reason of a prior accumulation distribution. Any | 64219 |
| undistributed net income included in the adjusted gross income of | 64220 |
| a beneficiary shall reduce the undistributed net income of the | 64221 |
| trust commencing with the earliest years of the accumulation | 64222 |
| period. | 64223 |
| (7) Deduct the amount of wages and salaries, if any, not | 64224 |
| otherwise allowable as a deduction but that would have been | 64225 |
| allowable as a deduction in computing federal adjusted gross | 64226 |
| income for the taxable year, had the targeted jobs credit allowed | 64227 |
| and determined under sections 38, 51, and 52 of the Internal | 64228 |
| Revenue Code not been in effect. | 64229 |
| (8) Deduct any interest or interest equivalent on public | 64230 |
| obligations and purchase obligations to the extent that the | 64231 |
| interest or interest equivalent is included in federal adjusted | 64232 |
| gross income. | 64233 |
| (9) Add any loss or deduct any gain resulting from the sale, | 64234 |
| exchange, or other disposition of public obligations to the extent | 64235 |
| that the loss has been deducted or the gain has been included in | 64236 |
| computing federal adjusted gross income. | 64237 |
| (10) Deduct or add amounts, as provided under section 5747.70 | 64238 |
| of the Revised Code, related to contributions to variable college | 64239 |
| savings program
accounts made or tuition | 64240 |
| pursuant to Chapter 3334. of the Revised Code. | 64241 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 64242 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 64243 |
| income for the taxable year, the amount the taxpayer paid during | 64244 |
| the taxable year for medical care insurance and qualified | 64245 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 64246 |
| and dependents. No deduction for medical care insurance under | 64247 |
| division (A)(11) of this section shall be allowed either to any | 64248 |
| taxpayer who is eligible to participate in any subsidized health | 64249 |
| plan maintained by any employer of the taxpayer or of the | 64250 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 64251 |
| application would be entitled to, benefits under part A of Title | 64252 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 64253 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 64254 |
| section, "subsidized health plan" means a health plan for which | 64255 |
| the employer pays any portion of the plan's cost. The deduction | 64256 |
| allowed under division (A)(11)(a) of this section shall be the net | 64257 |
| of any related premium refunds, related premium reimbursements, or | 64258 |
| related insurance premium dividends received during the taxable | 64259 |
| year. | 64260 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 64261 |
| in computing federal or Ohio adjusted gross income during the | 64262 |
| taxable year, the amount the taxpayer paid during the taxable | 64263 |
| year, not compensated for by any insurance or otherwise, for | 64264 |
| medical care of the taxpayer, the taxpayer's spouse, and | 64265 |
| dependents, to the extent the expenses exceed seven and one-half | 64266 |
| per cent of the taxpayer's federal adjusted gross income. | 64267 |
| (c) For purposes of division (A)(11) of this section, | 64268 |
| "medical care" has the meaning given in section 213 of the | 64269 |
| Internal Revenue Code, subject to the special rules, limitations, | 64270 |
| and exclusions set forth therein, and "qualified long-term care" | 64271 |
| has the same meaning given in section 7702(B)(b) of the Internal | 64272 |
| Revenue Code. | 64273 |
| (12)(a) Deduct any amount included in federal adjusted gross | 64274 |
| income solely because the amount represents a reimbursement or | 64275 |
| refund of expenses that in any year the taxpayer had deducted as | 64276 |
| an itemized deduction pursuant to section 63 of the Internal | 64277 |
| Revenue Code and applicable United States department of the | 64278 |
| treasury regulations. The deduction otherwise allowed under | 64279 |
| division (A)(12)(a) of this section shall be reduced to the extent | 64280 |
| the reimbursement is attributable to an amount the taxpayer | 64281 |
| deducted under this section in any taxable year. | 64282 |
| (b) Add any amount not otherwise included in Ohio adjusted | 64283 |
| gross income for any taxable year to the extent that the amount is | 64284 |
| attributable to the recovery during the taxable year of any amount | 64285 |
| deducted or excluded in computing federal or Ohio adjusted gross | 64286 |
| income in any taxable year. | 64287 |
| (13) Deduct any portion of the deduction described in section | 64288 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 64289 |
| reported income received under a claim of right, that meets both | 64290 |
| of the following requirements: | 64291 |
| (a) It is allowable for repayment of an item that was | 64292 |
| included in the taxpayer's adjusted gross income for a prior | 64293 |
| taxable year and did not qualify for a credit under division (A) | 64294 |
| or (B) of section 5747.05 of the Revised Code for that year; | 64295 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 64296 |
| gross income for the current or any other taxable year. | 64297 |
| (14) Deduct an amount equal to the deposits made to, and net | 64298 |
| investment earnings of, a medical savings account during the | 64299 |
| taxable year, in accordance with section 3924.66 of the Revised | 64300 |
| Code. The deduction allowed by division (A)(14) of this section | 64301 |
| does not apply to medical savings account deposits and earnings | 64302 |
| otherwise deducted or excluded for the current or any other | 64303 |
| taxable year from the taxpayer's federal adjusted gross income. | 64304 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 64305 |
| medical savings account during the taxable year, and the net | 64306 |
| investment earnings on those funds, when the funds withdrawn were | 64307 |
| used for any purpose other than to reimburse an account holder | 64308 |
| for, or to pay, eligible medical expenses, in accordance with | 64309 |
| section 3924.66 of the Revised Code; | 64310 |
| (b) Add the amounts distributed from a medical savings | 64311 |
| account under division (A)(2) of section 3924.68 of the Revised | 64312 |
| Code during the taxable year. | 64313 |
| (16) Add any amount claimed as a credit under section | 64314 |
| 5747.059 of the Revised Code to the extent that such amount | 64315 |
| satisfies either of the following: | 64316 |
| (a) The amount was deducted or excluded from the computation | 64317 |
| of the taxpayer's federal adjusted gross income as required to be | 64318 |
| reported for the taxpayer's taxable year under the Internal | 64319 |
| Revenue Code; | 64320 |
| (b) The amount resulted in a reduction of the taxpayer's | 64321 |
| federal adjusted gross income as required to be reported for any | 64322 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 64323 |
| (17) Deduct the amount contributed by the taxpayer to an | 64324 |
| individual development account program established by a county | 64325 |
| department of job and family services pursuant to sections 329.11 | 64326 |
| to 329.14 of the Revised Code for the purpose of matching funds | 64327 |
| deposited by program participants. On request of the tax | 64328 |
| commissioner, the taxpayer shall provide any information that, in | 64329 |
| the tax commissioner's opinion, is necessary to establish the | 64330 |
| amount deducted under division (A)(17) of this section. | 64331 |
| (18) Beginning in taxable year 2001 but not for any taxable | 64332 |
| year beginning after December 31, 2005, if the taxpayer is married | 64333 |
| and files a joint return and the combined federal adjusted gross | 64334 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 64335 |
| year does not exceed one hundred thousand dollars, or if the | 64336 |
| taxpayer is single and has a federal adjusted gross income for the | 64337 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 64338 |
| paid during the taxable year for qualified tuition and fees paid | 64339 |
| to an eligible institution for the taxpayer, the taxpayer's | 64340 |
| spouse, or any dependent of the taxpayer, who is a resident of | 64341 |
| this state and is enrolled in or attending a program that | 64342 |
| culminates in a degree or diploma at an eligible institution. The | 64343 |
| deduction may be claimed only to the extent that qualified tuition | 64344 |
| and fees are not otherwise deducted or excluded for any taxable | 64345 |
| year from federal or Ohio adjusted gross income. The deduction may | 64346 |
| not be claimed for educational expenses for which the taxpayer | 64347 |
| claims a credit under section 5747.27 of the Revised Code. | 64348 |
| (19) Add any reimbursement received during the taxable year | 64349 |
| of any amount the taxpayer deducted under division (A)(18) of this | 64350 |
| section in any previous taxable year to the extent the amount is | 64351 |
| not otherwise included in Ohio adjusted gross income. | 64352 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 64353 |
| expense allowed by subsection (k) of section 168 of the Internal | 64354 |
| Revenue Code, including the taxpayer's proportionate or | 64355 |
| distributive share of the amount of depreciation expense allowed | 64356 |
| by that subsection to a pass-through entity in which the taxpayer | 64357 |
| has a direct or indirect ownership interest. | 64358 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 64359 |
| depreciation expense, including a person's proportionate or | 64360 |
| distributive share of the amount of qualifying section 179 | 64361 |
| depreciation expense allowed to any pass-through entity in which | 64362 |
| the person has a direct or indirect ownership. For the purposes of | 64363 |
| this division, "qualifying section 179 depreciation expense" means | 64364 |
| the difference between (I) the amount of depreciation expense | 64365 |
| directly or indirectly allowed to the taxpayer under section 179 | 64366 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 64367 |
| expense directly or indirectly allowed to the taxpayer under | 64368 |
| section 179 of the Internal Revenue Code as that section existed | 64369 |
| on December 31, 2002. | 64370 |
| The tax commissioner, under procedures established by the | 64371 |
| commissioner, may waive the add-backs related to a pass-through | 64372 |
| entity if the taxpayer owns, directly or indirectly, less than | 64373 |
| five per cent of the pass-through entity. | 64374 |
| (b) Nothing in division (A)(20) of this section shall be | 64375 |
| construed to adjust or modify the adjusted basis of any asset. | 64376 |
| (c) To the extent the add-back required under division | 64377 |
| (A)(20)(a) of this section is attributable to property generating | 64378 |
| nonbusiness income or loss allocated under section 5747.20 of the | 64379 |
| Revised Code, the add-back shall be sitused to the same location | 64380 |
| as the nonbusiness income or loss generated by the property for | 64381 |
| the purpose of determining the credit under division (A) of | 64382 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 64383 |
| be apportioned, subject to one or more of the four alternative | 64384 |
| methods of apportionment enumerated in section 5747.21 of the | 64385 |
| Revised Code. | 64386 |
| (d) For the purposes of division (A) of this section, net | 64387 |
| operating loss carryback and carryforward shall not include | 64388 |
| five-sixths of the allowance of any net operating loss deduction | 64389 |
| carryback or carryforward to the taxable year to the extent such | 64390 |
| loss resulted from depreciation allowed by section 168(k) of the | 64391 |
| Internal Revenue Code and by the qualifying section 179 | 64392 |
| depreciation expense amount. | 64393 |
| (21)(a) If the taxpayer was required to add an amount under | 64394 |
| division (A)(20)(a) of this section for a taxable year, deduct | 64395 |
| one-fifth of the amount so added for each of the five succeeding | 64396 |
| taxable years. | 64397 |
| (b) If the amount deducted under division (A)(21)(a) of this | 64398 |
| section is attributable to an add-back allocated under division | 64399 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 64400 |
| to the same location. Otherwise, the add-back shall be apportioned | 64401 |
| using the apportionment factors for the taxable year in which the | 64402 |
| deduction is taken, subject to one or more of the four alternative | 64403 |
| methods of apportionment enumerated in section 5747.21 of the | 64404 |
| Revised Code. | 64405 |
| (c) No deduction is available under division (A)(21)(a) of | 64406 |
| this section with regard to any depreciation allowed by section | 64407 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 64408 |
| 179 depreciation expense amount to the extent that such | 64409 |
| depreciation resulted in or increased a federal net operating loss | 64410 |
| carryback or carryforward to a taxable year to which division | 64411 |
| (A)(20)(d) of this section does not apply. | 64412 |
| (B) "Business income" means income, including gain or loss, | 64413 |
| arising from transactions, activities, and sources in the regular | 64414 |
| course of a trade or business and includes income, gain, or loss | 64415 |
| from real property, tangible property, and intangible property if | 64416 |
| the acquisition, rental, management, and disposition of the | 64417 |
| property constitute integral parts of the regular course of a | 64418 |
| trade or business operation. "Business income" includes income, | 64419 |
| including gain or loss, from a partial or complete liquidation of | 64420 |
| a business, including, but not limited to, gain or loss from the | 64421 |
| sale or other disposition of goodwill. | 64422 |
| (C) "Nonbusiness income" means all income other than business | 64423 |
| income and may include, but is not limited to, compensation, rents | 64424 |
| and royalties from real or tangible personal property, capital | 64425 |
| gains, interest, dividends and distributions, patent or copyright | 64426 |
| royalties, or lottery winnings, prizes, and awards. | 64427 |
| (D) "Compensation" means any form of remuneration paid to an | 64428 |
| employee for personal services. | 64429 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 64430 |
| administrator, receiver, conservator, or any other person acting | 64431 |
| in any fiduciary capacity for any individual, trust, or estate. | 64432 |
| (F) "Fiscal year" means an accounting period of twelve months | 64433 |
| ending on the last day of any month other than December. | 64434 |
| (G) "Individual" means any natural person. | 64435 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 64436 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 64437 |
| (I) "Resident" means any of the following, provided that | 64438 |
| division (I)(3) of this section applies only to taxable years of a | 64439 |
|
trust beginning in 2002 | 64440 |
| (1) An individual who is domiciled in this state, subject to | 64441 |
| section 5747.24 of the Revised Code; | 64442 |
| (2) The estate of a decedent who at the time of death was | 64443 |
| domiciled in this state. The domicile tests of section 5747.24 of | 64444 |
| the Revised Code and any election under section 5747.25 of the | 64445 |
| Revised Code are not controlling for purposes of division (I)(2) | 64446 |
| of this section. | 64447 |
| (3) A trust that, in whole or part, resides in this state. If | 64448 |
| only part of a trust resides in this state, the trust is a | 64449 |
| resident only with respect to that part. | 64450 |
| For the purposes of division (I)(3) of this section: | 64451 |
| (a) A trust resides in this state for the trust's current | 64452 |
| taxable year to the extent, as described in division (I)(3)(d) of | 64453 |
| this section, that the trust consists directly or indirectly, in | 64454 |
| whole or in part, of assets, net of any related liabilities, that | 64455 |
| were transferred, or caused to be transferred, directly or | 64456 |
| indirectly, to the trust by any of the following: | 64457 |
| (i) A person, a court, or a governmental entity or | 64458 |
| instrumentality on account of the death of a decedent, but only if | 64459 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 64460 |
| section; | 64461 |
| (ii) A person who was domiciled in this state for the | 64462 |
| purposes of this chapter when the person directly or indirectly | 64463 |
| transferred assets to an irrevocable trust, but only if at least | 64464 |
| one of the trust's qualifying beneficiaries is domiciled in this | 64465 |
| state for the purposes of this chapter during all or some portion | 64466 |
| of the trust's current taxable year; | 64467 |
| (iii) A person who was domiciled in this state for the | 64468 |
| purposes of this chapter when the trust document or instrument or | 64469 |
| part of the trust document or instrument became irrevocable, but | 64470 |
| only if at least one of the trust's qualifying beneficiaries is a | 64471 |
| resident domiciled in this state for the purposes of this chapter | 64472 |
| during all or some portion of the trust's current taxable year. If | 64473 |
| a trust document or instrument became irrevocable upon the death | 64474 |
| of a person who at the time of death was domiciled in this state | 64475 |
| for purposes of this chapter, that person is a person described in | 64476 |
| division (I)(3)(a)(iii) of this section. | 64477 |
| (b) A trust is irrevocable to the extent that the transferor | 64478 |
| is not considered to be the owner of the net assets of the trust | 64479 |
| under sections 671 to 678 of the Internal Revenue Code. | 64480 |
| (c) With respect to a trust other than a charitable lead | 64481 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 64482 |
| current beneficiary" as defined in section 1361(e)(2) of the | 64483 |
| Internal Revenue Code, and with respect to a charitable lead trust | 64484 |
|
"qualifying beneficiary" is any current | 64485 |
| beneficiary, but with respect to any trust "qualifying | 64486 |
| beneficiary" excludes a person or a governmental entity or | 64487 |
| instrumentality to any of which a contribution would qualify for | 64488 |
| the charitable deduction under section 170 of the Internal Revenue | 64489 |
| Code. | 64490 |
| (d) For the purposes of division (I)(3)(a) of this section, | 64491 |
| the extent to which a trust consists directly or indirectly, in | 64492 |
| whole or in part, of assets, net of any related liabilities, that | 64493 |
| were transferred directly or indirectly, in whole or part, to the | 64494 |
| trust by any of the sources enumerated in that division shall be | 64495 |
| ascertained by multiplying the fair market value of the trust's | 64496 |
| assets, net of related liabilities, by the qualifying ratio, which | 64497 |
| shall be computed as follows: | 64498 |
| (i) The first time the trust receives assets, the numerator | 64499 |
| of the qualifying ratio is the fair market value of those assets | 64500 |
| at that time, net of any related liabilities, from sources | 64501 |
| enumerated in division (I)(3)(a) of this section. The denominator | 64502 |
| of the qualifying ratio is the fair market value of all the | 64503 |
| trust's assets at that time, net of any related liabilities. | 64504 |
| (ii) Each subsequent time the trust receives assets, a | 64505 |
| revised qualifying ratio shall be computed. The numerator of the | 64506 |
| revised qualifying ratio is the sum of (1) the fair market value | 64507 |
| of the trust's assets immediately prior to the subsequent | 64508 |
| transfer, net of any related liabilities, multiplied by the | 64509 |
| qualifying ratio last computed without regard to the subsequent | 64510 |
| transfer, and (2) the fair market value of the subsequently | 64511 |
| transferred assets at the time transferred, net of any related | 64512 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 64513 |
| section. The denominator of the revised qualifying ratio is the | 64514 |
| fair market value of all the trust's assets immediately after the | 64515 |
| subsequent transfer, net of any related liabilities. | 64516 |
| (iii) Whether a transfer to the trust is by or from any of | 64517 |
| the sources enumerated in division (I)(3)(a) of this section shall | 64518 |
| be ascertained without regard to the domicile of the trust's | 64519 |
| beneficiaries. | 64520 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 64521 |
| section: | 64522 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 64523 |
| section if the trust is a testamentary trust and the testator of | 64524 |
| that testamentary trust was domiciled in this state at the time of | 64525 |
| the testator's death for purposes of the taxes levied under | 64526 |
| Chapter 5731. of the Revised Code. | 64527 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 64528 |
| section if the transfer is a qualifying transfer described in any | 64529 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 64530 |
| irrevocable inter vivos trust, and at least one of the trust's | 64531 |
| qualifying beneficiaries is domiciled in this state for purposes | 64532 |
| of this chapter during all or some portion of the trust's current | 64533 |
| taxable year. | 64534 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 64535 |
| section, a "qualifying transfer" is a transfer of assets, net of | 64536 |
| any related liabilities, directly or indirectly to a trust, if the | 64537 |
| transfer is described in any of the following: | 64538 |
| (i) The transfer is made to a trust, created by the decedent | 64539 |
| before the decedent's death and while the decedent was domiciled | 64540 |
| in this state for the purposes of this chapter, and, prior to the | 64541 |
| death of the decedent, the trust became irrevocable while the | 64542 |
| decedent was domiciled in this state for the purposes of this | 64543 |
| chapter. | 64544 |
| (ii) The transfer is made to a trust to which the decedent, | 64545 |
| prior to the decedent's death, had directly or indirectly | 64546 |
| transferred assets, net of any related liabilities, while the | 64547 |
| decedent was domiciled in this state for the purposes of this | 64548 |
| chapter, and prior to the death of the decedent the trust became | 64549 |
| irrevocable while the decedent was domiciled in this state for the | 64550 |
| purposes of this chapter. | 64551 |
| (iii) The transfer is made on account of a contractual | 64552 |
| relationship existing directly or indirectly between the | 64553 |
| transferor and either the decedent or the estate of the decedent | 64554 |
| at any time prior to the date of the decedent's death, and the | 64555 |
| decedent was domiciled in this state at the time of death for | 64556 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 64557 |
| Code. | 64558 |
| (iv) The transfer is made to a trust on account of a | 64559 |
| contractual relationship existing directly or indirectly between | 64560 |
| the transferor and another person who at the time of the | 64561 |
| decedent's death was domiciled in this state for purposes of this | 64562 |
| chapter. | 64563 |
| (v) The transfer is made to a trust on account of the will of | 64564 |
| a testator. | 64565 |
| (vi) The transfer is made to a trust created by or caused to | 64566 |
| be created by a court, and the trust was directly or indirectly | 64567 |
| created in connection with or as a result of the death of an | 64568 |
| individual who, for purposes of the taxes levied under Chapter | 64569 |
| 5731. of the Revised Code, was domiciled in this state at the time | 64570 |
| of the individual's death. | 64571 |
| (g) The tax commissioner may adopt rules to ascertain the | 64572 |
| part of a trust residing in this state. | 64573 |
| (J) "Nonresident" means an individual or estate that is not a | 64574 |
| resident. An individual who is a resident for only part of a | 64575 |
| taxable year is a nonresident for the remainder of that taxable | 64576 |
| year. | 64577 |
| (K) "Pass-through entity" has the same meaning as in section | 64578 |
| 5733.04 of the Revised Code. | 64579 |
| (L) "Return" means the notifications and reports required to | 64580 |
| be filed pursuant to this chapter for the purpose of reporting the | 64581 |
| tax due and includes declarations of estimated tax when so | 64582 |
| required. | 64583 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 64584 |
| fiscal year ending during the calendar year, or fractional part | 64585 |
| thereof, upon which the adjusted gross income is calculated | 64586 |
| pursuant to this chapter. | 64587 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 64588 |
| section 5747.02 of the Revised Code or any pass-through entity | 64589 |
| that makes the election under division (D) of section 5747.08 of | 64590 |
| the Revised Code. | 64591 |
| (O) "Dependents" means dependents as defined in the Internal | 64592 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 64593 |
| return for the taxable year or which the taxpayer would have been | 64594 |
| permitted to claim had the taxpayer filed a federal income tax | 64595 |
| return. | 64596 |
| (P) "Principal county of employment" means, in the case of a | 64597 |
| nonresident, the county within the state in which a taxpayer | 64598 |
| performs services for an employer or, if those services are | 64599 |
| performed in more than one county, the county in which the major | 64600 |
| portion of the services are performed. | 64601 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 64602 |
| Code: | 64603 |
| (1) "Subdivision" means any county, municipal corporation, | 64604 |
| park district, or township. | 64605 |
| (2) "Essential local government purposes" includes all | 64606 |
| functions that any subdivision is required by general law to | 64607 |
| exercise, including like functions that are exercised under a | 64608 |
| charter adopted pursuant to the Ohio Constitution. | 64609 |
| (R) "Overpayment" means any amount already paid that exceeds | 64610 |
| the figure determined to be the correct amount of the tax. | 64611 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 64612 |
| estates and trusts, and means federal taxable income, as defined | 64613 |
| and used in the Internal Revenue Code, adjusted as follows: | 64614 |
| (1) Add interest or dividends, net of ordinary, necessary, | 64615 |
| and reasonable expenses not deducted in computing federal taxable | 64616 |
| income, on obligations or securities of any state or of any | 64617 |
| political subdivision or authority of any state, other than this | 64618 |
| state and its subdivisions and authorities, but only to the extent | 64619 |
| that such net amount is not otherwise includible in Ohio taxable | 64620 |
| income and is described in either division (S)(1)(a) or (b) of | 64621 |
| this section: | 64622 |
| (a) The net amount is not attributable to the S portion of an | 64623 |
| electing small business trust and has not been distributed to | 64624 |
| beneficiaries for the taxable year; | 64625 |
| (b) The net amount is attributable to the S portion of an | 64626 |
| electing small business trust for the taxable year. | 64627 |
| (2) Add interest or dividends, net of ordinary, necessary, | 64628 |
| and reasonable expenses not deducted in computing federal taxable | 64629 |
| income, on obligations of any authority, commission, | 64630 |
| instrumentality, territory, or possession of the United States to | 64631 |
| the extent that the interest or dividends are exempt from federal | 64632 |
| income taxes but not from state income taxes, but only to the | 64633 |
| extent that such net amount is not otherwise includible in Ohio | 64634 |
| taxable income and is described in either division (S)(1)(a) or | 64635 |
| (b) of this section; | 64636 |
| (3) Add the amount of personal exemption allowed to the | 64637 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 64638 |
| (4) Deduct interest or dividends, net of related expenses | 64639 |
| deducted in computing federal taxable income, on obligations of | 64640 |
| the United States and its territories and possessions or of any | 64641 |
| authority, commission, or instrumentality of the United States to | 64642 |
| the extent that the interest or dividends are exempt from state | 64643 |
| taxes under the laws of the United States, but only to the extent | 64644 |
| that such amount is included in federal taxable income and is | 64645 |
| described in either division (S)(1)(a) or (b) of this section; | 64646 |
| (5) Deduct the amount of wages and salaries, if any, not | 64647 |
| otherwise allowable as a deduction but that would have been | 64648 |
| allowable as a deduction in computing federal taxable income for | 64649 |
| the taxable year, had the targeted jobs credit allowed under | 64650 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 64651 |
| effect, but only to the extent such amount relates either to | 64652 |
| income included in federal taxable income for the taxable year or | 64653 |
| to income of the S portion of an electing small business trust for | 64654 |
| the taxable year; | 64655 |
| (6) Deduct any interest or interest equivalent, net of | 64656 |
| related expenses deducted in computing federal taxable income, on | 64657 |
| public obligations and purchase obligations, but only to the | 64658 |
| extent that such net amount relates either to income included in | 64659 |
| federal taxable income for the taxable year or to income of the S | 64660 |
| portion of an electing small business trust for the taxable year; | 64661 |
| (7) Add any loss or deduct any gain resulting from sale, | 64662 |
| exchange, or other disposition of public obligations to the extent | 64663 |
| that such loss has been deducted or such gain has been included in | 64664 |
| computing either federal taxable income or income of the S portion | 64665 |
| of an electing small business trust for the taxable year; | 64666 |
| (8) Except in the case of the final return of an estate, add | 64667 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 64668 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 64669 |
| federal income tax return in determining federal taxable income; | 64670 |
| (9)(a) Deduct any amount included in federal taxable income | 64671 |
| solely because the amount represents a reimbursement or refund of | 64672 |
| expenses that in a previous year the decedent had deducted as an | 64673 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 64674 |
| Code and applicable treasury regulations. The deduction otherwise | 64675 |
| allowed under division (S)(9)(a) of this section shall be reduced | 64676 |
| to the extent the reimbursement is attributable to an amount the | 64677 |
| taxpayer or decedent deducted under this section in any taxable | 64678 |
| year. | 64679 |
| (b) Add any amount not otherwise included in Ohio taxable | 64680 |
| income for any taxable year to the extent that the amount is | 64681 |
| attributable to the recovery during the taxable year of any amount | 64682 |
| deducted or excluded in computing federal or Ohio taxable income | 64683 |
| in any taxable year, but only to the extent such amount has not | 64684 |
| been distributed to beneficiaries for the taxable year. | 64685 |
| (10) Deduct any portion of the deduction described in section | 64686 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 64687 |
| reported income received under a claim of right, that meets both | 64688 |
| of the following requirements: | 64689 |
| (a) It is allowable for repayment of an item that was | 64690 |
| included in the taxpayer's taxable income or the decedent's | 64691 |
| adjusted gross income for a prior taxable year and did not qualify | 64692 |
| for a credit under division (A) or (B) of section 5747.05 of the | 64693 |
| Revised Code for that year. | 64694 |
| (b) It does not otherwise reduce the taxpayer's taxable | 64695 |
| income or the decedent's adjusted gross income for the current or | 64696 |
| any other taxable year. | 64697 |
| (11) Add any amount claimed as a credit under section | 64698 |
| 5747.059 of the Revised Code to the extent that the amount | 64699 |
| satisfies either of the following: | 64700 |
| (a) The amount was deducted or excluded from the computation | 64701 |
| of the taxpayer's federal taxable income as required to be | 64702 |
| reported for the taxpayer's taxable year under the Internal | 64703 |
| Revenue Code; | 64704 |
| (b) The amount resulted in a reduction in the taxpayer's | 64705 |
| federal taxable income as required to be reported for any of the | 64706 |
| taxpayer's taxable years under the Internal Revenue Code. | 64707 |
| (12) Deduct any amount, net of related expenses deducted in | 64708 |
| computing federal taxable income, that a trust is required to | 64709 |
| report as farm income on its federal income tax return, but only | 64710 |
| if the assets of the trust include at least ten acres of land | 64711 |
| satisfying the definition of "land devoted exclusively to | 64712 |
| agricultural use" under section 5713.30 of the Revised Code, | 64713 |
| regardless of whether the land is valued for tax purposes as such | 64714 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 64715 |
| trust is a pass-though entity investor, section 5747.231 of the | 64716 |
| Revised Code applies in ascertaining if the trust is eligible to | 64717 |
| claim the deduction provided by division (S)(12) of this section | 64718 |
| in connection with the pass-through entity's farm income. | 64719 |
| Except for farm income attributable to the S portion of an | 64720 |
| electing small business trust, the deduction provided by division | 64721 |
| (S)(12) of this section is allowed only to the extent that the | 64722 |
| trust has not distributed such farm income. Division (S)(12) of | 64723 |
| this section applies only to taxable years of a trust beginning in | 64724 |
|
2002 | 64725 |
| (13) Add the net amount of income described in section 641(c) | 64726 |
| of the Internal Revenue Code to the extent that amount is not | 64727 |
| included in federal taxable income. | 64728 |
| (14) Add or deduct the amount the taxpayer would be required | 64729 |
| to add or deduct under division (A)(20) or (21) of this section if | 64730 |
| the taxpayer's Ohio taxable income were computed in the same | 64731 |
| manner as an individual's Ohio adjusted gross income is computed | 64732 |
| under this section. In the case of a trust, division (S)(14) of | 64733 |
| this section applies only to any of the trust's taxable years | 64734 |
|
beginning
in
2002 | 64735 |
| (T) "School district income" and "school district income tax" | 64736 |
| have the same meanings as in section 5748.01 of the Revised Code. | 64737 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 64738 |
| of this section, "public obligations," "purchase obligations," and | 64739 |
| "interest or interest equivalent" have the same meanings as in | 64740 |
| section 5709.76 of the Revised Code. | 64741 |
| (V) "Limited liability company" means any limited liability | 64742 |
| company formed under Chapter 1705. of the Revised Code or under | 64743 |
| the laws of any other state. | 64744 |
| (W) "Pass-through entity investor" means any person who, | 64745 |
| during any portion of a taxable year of a pass-through entity, is | 64746 |
| a partner, member, shareholder, or equity investor in that | 64747 |
| pass-through entity. | 64748 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 64749 |
| of the Revised Code. | 64750 |
| (Y) "Month" means a calendar month. | 64751 |
| (Z) "Quarter" means the first three months, the second three | 64752 |
| months, the third three months, or the last three months of the | 64753 |
| taxpayer's taxable year. | 64754 |
| (AA)(1) "Eligible institution" means a state university or | 64755 |
| state institution of higher education as defined in section | 64756 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 64757 |
| university, or other post-secondary institution located in this | 64758 |
| state that possesses a certificate of authorization issued by the | 64759 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 64760 |
| Code or a certificate of registration issued by the state board of | 64761 |
| career colleges and schools under Chapter 3332. of the Revised | 64762 |
| Code. | 64763 |
| (2) "Qualified tuition and fees" means tuition and fees | 64764 |
| imposed by an eligible institution as a condition of enrollment or | 64765 |
| attendance, not exceeding two thousand five hundred dollars in | 64766 |
| each of the individual's first two years of post-secondary | 64767 |
| education. If the individual is a part-time student, "qualified | 64768 |
| tuition and fees" includes tuition and fees paid for the academic | 64769 |
| equivalent of the first two years of post-secondary education | 64770 |
| during a maximum of five taxable years, not exceeding a total of | 64771 |
| five thousand dollars. "Qualified tuition and fees" does not | 64772 |
| include: | 64773 |
| (a) Expenses for any course or activity involving sports, | 64774 |
| games, or hobbies unless the course or activity is part of the | 64775 |
| individual's degree or diploma program; | 64776 |
| (b) The cost of books, room and board, student activity fees, | 64777 |
| athletic fees, insurance expenses, or other expenses unrelated to | 64778 |
| the individual's academic course of instruction; | 64779 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 64780 |
| through an employer, scholarship, grant in aid, or other | 64781 |
| educational benefit program. | 64782 |
| (BB)(1) "Modified business income" means the business income | 64783 |
| included in a trust's Ohio taxable income after such taxable | 64784 |
| income is first reduced by the qualifying trust amount, if any. | 64785 |
| (2) "Qualifying trust amount" of a trust means capital gains | 64786 |
| and losses from the sale, exchange, or other disposition of equity | 64787 |
| or ownership interests in, or debt obligations of, a qualifying | 64788 |
| investee to the extent included in the trust's Ohio taxable | 64789 |
| income, but only if the following requirements are satisfied: | 64790 |
| (a) The book value of the qualifying investee's physical | 64791 |
| assets in this state and everywhere, as of the last day of the | 64792 |
| qualifying investee's fiscal or calendar year ending immediately | 64793 |
| prior to the date on which the trust recognizes the gain or loss, | 64794 |
| is available to the trust. | 64795 |
| (b) The requirements of section 5747.011 of the Revised Code | 64796 |
| are satisfied for the trust's taxable year in which the trust | 64797 |
| recognizes the gain or loss. | 64798 |
| Any gain or loss that is not a qualifying trust amount is | 64799 |
| modified business income, qualifying investment income, or | 64800 |
| modified nonbusiness income, as the case may be. | 64801 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 64802 |
| taxable income other than modified business income, other than the | 64803 |
| qualifying trust amount, and other than qualifying investment | 64804 |
| income, as defined in section 5747.012 of the Revised Code, to the | 64805 |
| extent such qualifying investment income is not otherwise part of | 64806 |
| modified business income. | 64807 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 64808 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 64809 |
| to (c) of this section: | 64810 |
| (a) The fraction, calculated under section 5747.013, and | 64811 |
| applying section 5747.231 of the Revised Code, multiplied by the | 64812 |
| sum of the following amounts: | 64813 |
| (i) The trust's modified business income; | 64814 |
| (ii) The trust's qualifying investment income, as defined in | 64815 |
| section 5747.012 of the Revised Code, but only to the extent the | 64816 |
| qualifying investment income does not otherwise constitute | 64817 |
| modified business income and does not otherwise constitute a | 64818 |
| qualifying trust amount. | 64819 |
| (b) The qualifying trust amount multiplied by a fraction, the | 64820 |
| numerator of which is the sum of the book value of the qualifying | 64821 |
| investee's physical assets in this state on the last day of the | 64822 |
| qualifying investee's fiscal or calendar year ending immediately | 64823 |
| prior to the day on which the trust recognizes the qualifying | 64824 |
| trust amount, and the denominator of which is the sum of the book | 64825 |
| value of the qualifying investee's total physical assets | 64826 |
| everywhere on the last day of the qualifying investee's fiscal or | 64827 |
| calendar year ending immediately prior to the day on which the | 64828 |
| trust recognizes the qualifying trust amount. If, for a taxable | 64829 |
| year, the trust recognizes a qualifying trust amount with respect | 64830 |
| to more than one qualifying investee, the amount described in | 64831 |
| division (BB)(4)(b) of this section shall equal the sum of the | 64832 |
| products so computed for each such qualifying investee. | 64833 |
| (c)(i) With respect to a trust or portion of a trust that is | 64834 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 64835 |
| this section, its modified nonbusiness income. | 64836 |
| (ii) With respect to a trust or portion of a trust that is | 64837 |
| not a resident as ascertained in accordance with division | 64838 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 64839 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 64840 |
| section 5747.20 of the Revised Code. | 64841 |
| If the allocation and apportionment of a trust's income under | 64842 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 64843 |
| represent the modified Ohio taxable income of the trust in this | 64844 |
| state, the alternative methods described in division (C) of | 64845 |
| section 5747.21 of the Revised Code may be applied in the manner | 64846 |
| and to the same extent provided in that section. | 64847 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 64848 |
| section, "qualifying investee" means a person in which a trust has | 64849 |
| an equity or ownership interest, or a person or unit of government | 64850 |
| the debt obligations of either of which are owned by a trust. For | 64851 |
| the purposes of division (BB)(2)(a) of this section and for the | 64852 |
| purpose of computing the fraction described in division (BB)(4)(b) | 64853 |
| of this section, all of the following apply: | 64854 |
| (i) If the qualifying investee is a member of a qualifying | 64855 |
| controlled group on the last day of the qualifying investee's | 64856 |
| fiscal or calendar year ending immediately prior to the date on | 64857 |
| which the trust recognizes the gain or loss, then "qualifying | 64858 |
| investee" includes all persons in the qualifying controlled group | 64859 |
| on such last day. | 64860 |
| (ii) If the qualifying investee, or if the qualifying | 64861 |
| investee and any members of the qualifying controlled group of | 64862 |
| which the qualifying investee is a member on the last day of the | 64863 |
| qualifying investee's fiscal or calendar year ending immediately | 64864 |
| prior to the date on which the trust recognizes the gain or loss, | 64865 |
| separately or cumulatively own, directly or indirectly, on the | 64866 |
| last day of the qualifying investee's fiscal or calendar year | 64867 |
| ending immediately prior to the date on which the trust recognizes | 64868 |
| the qualifying trust amount, more than fifty per cent of the | 64869 |
| equity of a pass-through entity, then the qualifying investee and | 64870 |
| the other members are deemed to own the proportionate share of the | 64871 |
| pass-through entity's physical assets which the pass-through | 64872 |
| entity directly or indirectly owns on the last day of the | 64873 |
| pass-through entity's calendar or fiscal year ending within or | 64874 |
| with the last day of the qualifying investee's fiscal or calendar | 64875 |
| year ending immediately prior to the date on which the trust | 64876 |
| recognizes the qualifying trust amount. | 64877 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 64878 |
| section, "upper level pass-through entity" means a pass-through | 64879 |
| entity directly or indirectly owning any equity of another | 64880 |
| pass-through entity, and "lower level pass-through entity" means | 64881 |
| that other pass-through entity. | 64882 |
| An upper level pass-through entity, whether or not it is also | 64883 |
| a qualifying investee, is deemed to own, on the last day of the | 64884 |
| upper level pass-through entity's calendar or fiscal year, the | 64885 |
| proportionate share of the lower level pass-through entity's | 64886 |
| physical assets that the lower level pass-through entity directly | 64887 |
| or indirectly owns on the last day of the lower level pass-through | 64888 |
| entity's calendar or fiscal year ending within or with the last | 64889 |
| day of the upper level pass-through entity's fiscal or calendar | 64890 |
| year. If the upper level pass-through entity directly and | 64891 |
| indirectly owns less than fifty per cent of the equity of the | 64892 |
| lower level pass-through entity on each day of the upper level | 64893 |
| pass-through entity's calendar or fiscal year in which or with | 64894 |
| which ends the calendar or fiscal year of the lower level | 64895 |
| pass-through entity and if, based upon clear and convincing | 64896 |
| evidence, complete information about the location and cost of the | 64897 |
| physical assets of the lower pass-through entity is not available | 64898 |
| to the upper level pass-through entity, then solely for purposes | 64899 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 64900 |
| amount, the upper level pass-through entity shall be deemed as | 64901 |
| owning no equity of the lower level pass-through entity for each | 64902 |
| day during the upper level pass-through entity's calendar or | 64903 |
| fiscal year in which or with which ends the lower level | 64904 |
| pass-through entity's calendar or fiscal year. Nothing in division | 64905 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 64906 |
| any deduction or exclusion in computing any trust's Ohio taxable | 64907 |
| income. | 64908 |
| (b) With respect to a trust that is not a resident for the | 64909 |
| taxable year and with respect to a part of a trust that is not a | 64910 |
| resident for the taxable year, "qualifying investee" for that | 64911 |
| taxable year does not include a C corporation if both of the | 64912 |
| following apply: | 64913 |
| (i) During the taxable year the trust or part of the trust | 64914 |
| recognizes a gain or loss from the sale, exchange, or other | 64915 |
| disposition of equity or ownership interests in, or debt | 64916 |
| obligations of, the C corporation. | 64917 |
| (ii) Such gain or loss constitutes nonbusiness income. | 64918 |
| (6) "Available" means information is such that a person is | 64919 |
| able to learn of the information by the due date plus extensions, | 64920 |
| if any, for filing the return for the taxable year in which the | 64921 |
| trust recognizes the gain or loss. | 64922 |
| (CC) "Qualifying controlled group" has the same meaning as in | 64923 |
| section 5733.04 of the Revised Code. | 64924 |
| (DD) "Related member" has the same meaning as in section | 64925 |
| 5733.042 of the Revised Code. | 64926 |
| | 64927 |
| 64928 | |
| 64929 | |
| 64930 | |
| 64931 |
| Sec. 5747.02. (A) For the purpose of providing revenue for | 64932 |
| the support of schools and local government functions, to provide | 64933 |
| relief to property taxpayers, to provide revenue for the general | 64934 |
| revenue fund, and to meet the expenses of administering the tax | 64935 |
| levied by this chapter, there is hereby levied on every | 64936 |
| individual, trust, and estate residing in or earning or receiving | 64937 |
| income in this state, on every individual, trust, and estate | 64938 |
| earning or receiving lottery winnings, prizes, or awards pursuant | 64939 |
| to Chapter 3770. of the Revised Code, and on every individual, | 64940 |
| trust, and estate otherwise having nexus with or in this state | 64941 |
| under the Constitution of the United States, an annual tax | 64942 |
| measured in the case of individuals by Ohio adjusted gross income | 64943 |
| less an exemption for the taxpayer, the taxpayer's spouse, and | 64944 |
| each dependent as provided in section 5747.025 of the Revised | 64945 |
| Code; measured in the case of trusts by modified Ohio taxable | 64946 |
| income under division (D) of this section; and measured in the | 64947 |
| case of estates by Ohio taxable income. The tax imposed by this | 64948 |
| section on the balance thus obtained is hereby levied as follows: | 64949 |
| (1) For taxable years beginning in 2004: | 64950 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 64951 | ||
| OR | 64952 | ||
| MODIFIED OHIO | 64953 | ||
| TAXABLE INCOME (TRUSTS) | 64954 | ||
| OR | 64955 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 64956 |
| $5,000 or less | .743% | 64957 | ||
| More than $5,000 but not more than $10,000 | $37.15 plus 1.486% of the amount in excess of $5,000 | 64958 | ||
| More than $10,000 but not more than $15,000 | $111.45 plus 2.972% of the amount in excess of $10,000 | 64959 | ||
| More than $15,000 but not more than $20,000 | $260.05 plus 3.715% of the amount in excess of $15,000 | 64960 | ||
| More than $20,000 but not more than $40,000 | $445.80 plus 4.457% of the amount in excess of $20,000 | 64961 | ||
| More than $40,000 but not more than $80,000 | $1,337.20 plus 5.201% of the amount in excess of $40,000 | 64962 | ||
| More than $80,000 but not more than $100,000 | $3,417.60 plus 5.943% of the amount in excess of $80,000 | 64963 | ||
| More than $100,000 but not more than $200,000 | $4,606.20 plus 6.9% of the amount in excess of $100,000 | 64964 | ||
| More than $200,000 | $11,506.20 plus 7.5% of the amount in excess of $200,000 | 64965 |
| (2) For taxable years beginning in 2005: | 64966 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 64967 | ||
| OR | 64968 | ||
| MODIFIED OHIO | 64969 | ||
| TAXABLE INCOME (TRUSTS) | 64970 | ||
| OR | 64971 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 64972 |
| $5,000 or less | .712% | 64973 | ||
| More than $5,000 but not more than $10,000 | $35.60 plus 1.424% of the amount in excess of $5,000 | 64974 | ||
| More than $10,000 but not more than $15,000 | $106.80 plus 2.847% of the amount in excess of $10,000 | 64975 | ||
| More than $15,000 but not more than $20,000 | $249.15 plus 3.559% of the amount in excess of $15,000 | 64976 | ||
| More than $20,000 but not more than $40,000 | $427.10 plus 4.27% of the amount in excess of $20,000 | 64977 | ||
| More than $40,000 but not more than $80,000 | $1,281.10 plus 4.983% of the amount in excess of $40,000 | 64978 | ||
| More than $80,000 but not more than $100,000 | $3,274.30 plus 5.693% of the amount in excess of $80,000 | 64979 | ||
| More than $100,000 but not more than $200,000 | $4,412.90 plus 6.61% of the amount in excess of $100,000 | 64980 | ||
| More than $200,000 | $11,022.90 plus 7.185% of the amount in excess of $200,000 | 64981 |
| (3) For taxable years beginning in 2006: | 64982 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 64983 | ||
| OR | 64984 | ||
| MODIFIED OHIO | 64985 | ||
| TAXABLE INCOME (TRUSTS) | 64986 | ||
| OR | 64987 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 64988 |
| $5,000 or less | .681% | 64989 | ||
| More than $5,000 but not more than $10,000 | $34.05 plus 1.361% of the amount in excess of $5,000 | 64990 | ||
| More than $10,000 but not more than $15,000 | $102.10 plus 2.722% of the amount in excess of $10,000 | 64991 | ||
| More than $15,000 but not more than $20,000 | $238.20 plus 3.403% of the amount in excess of $15,000 | 64992 | ||
| More than $20,000 but not more than $40,000 | $408.35 plus 4.083% of the amount in excess of $20,000 | 64993 | ||
| More than $40,000 but not more than $80,000 | $1,224.95 plus 4.764% of the amount in excess of $40,000 | 64994 | ||
| More than $80,000 but not more than $100,000 | $3,130.55 plus 5.444% of the amount in excess of $80,000 | 64995 | ||
| More than $100,000 but not more than $200,000 | $4,219.35 plus 6.32% of the amount in excess of $100,000 | 64996 | ||
| More than $200,000 | $10,539.35 plus 6.87% of the amount in excess of $200,000 | 64997 |
| (4) For taxable years beginning in 2007: | 64998 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 64999 | ||
| OR | 65000 | ||
| MODIFIED OHIO | 65001 | ||
| TAXABLE INCOME (TRUSTS) | 65002 | ||
| OR | 65003 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 65004 |
| $5,000 or less | .649% | 65005 | ||
| More than $5,000 but not more than $10,000 | $32.45 plus 1.299% of the amount in excess of $5,000 | 65006 | ||
| More than $10,000 but not more than $15,000 | $97.40 plus 2.598% of the amount in excess of $10,000 | 65007 | ||
| More than $15,000 but not more than $20,000 | $227.30 plus 3.247% of the amount in excess of $15,000 | 65008 | ||
| More than $20,000 but not more than $40,000 | $389.65 plus 3.895% of the amount in excess of $20,000 | 65009 | ||
| More than $40,000 but not more than $80,000 | $1,168.65 plus 4.546% of the amount in excess of $40,000 | 65010 | ||
| More than $80,000 but not more than $100,000 | $2,987.05 plus 5.194% of the amount in excess of $80,000 | 65011 | ||
| More than $100,000 but not more than $200,000 | $4,025.85 plus 6.031% of the amount in excess of $100,000 | 65012 | ||
| More than $200,000 | $10,056.85 plus 6.555% of the amount in excess of $200,000 | 65013 |
| (5) For taxable years beginning in 2008: | 65014 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 65015 | ||
| OR | 65016 | ||
| MODIFIED OHIO | 65017 | ||
| TAXABLE INCOME (TRUSTS) | 65018 | ||
| OR | 65019 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 65020 |
| $5,000 or less | .618% | 65021 | ||
| More than $5,000 but not more than $10,000 | $30.90 plus 1.236% of the amount in excess of $5,000 | 65022 | ||
| More than $10,000 but not more than $15,000 | $92.70 plus 2.473% of the amount in excess of $10,000 | 65023 | ||
| More than $15,000 but not more than $20,000 | $216.35 plus 3.091% of the amount in excess of $15,000 | 65024 | ||
| More than $20,000 but not more than $40,000 | $370.90 plus 3.708% of the amount in excess of $20,000 | 65025 | ||
| More than $40,000 but not more than $80,000 | $1,112.50 plus 4.327% of the amount in excess of $40,000 | 65026 | ||
| More than $80,000 but not more than $100,000 | $2,843.30 plus 4.945% of the amount in excess of $80,000 | 65027 | ||
| More than $100,000 but not more than $200,000 | $3,832.30 plus 5.741% of the amount in excess of $100,000 | 65028 | ||
| More than $200,000 | $9,573.30 plus 6.24% of the amount in excess of $200,000 | 65029 |
| (6) For taxable years beginning in 2009 or thereafter: | 65030 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 65031 | ||
| OR | 65032 | ||
| MODIFIED OHIO | 65033 | ||
| TAXABLE INCOME (TRUSTS) | 65034 | ||
| OR | 65035 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 65036 |
| $5,000 or less | .587% | 65037 | ||
| More than $5,000 but not more than $10,000 | $29.35 plus 1.174% of the amount in excess of $5,000 | 65038 | ||
| More than $10,000 but not more than $15,000 | $88.05 plus 2.348% of the amount in excess of $10,000 | 65039 | ||
| More than $15,000 but not more than $20,000 | $205.45 plus 2.935% of the amount in excess of $15,000 | 65040 | ||
| More than $20,000 but not more than $40,000 | $352.20 plus 3.521% of the amount in excess of $20,000 | 65041 | ||
| More than $40,000 but not more than $80,000 | $1,056.40 plus 4.109% of the amount in excess of $40,000 | 65042 | ||
| More than $80,000 but not more than $100,000 | $2,700.00 plus 4.695% of the amount in excess of $80,000 | 65043 | ||
| More than $100,000 but not more than $200,000 | $3,639.00 plus 5.451% of the amount in excess of $100,000 | 65044 | ||
| More than $200,000 | $9,090.00 plus 5.925% of the amount in excess of $200,000 | 65045 |
| In July of each year, beginning in | 65046 |
| commissioner shall adjust the income amounts prescribed in this | 65047 |
| division by multiplying the percentage increase in the gross | 65048 |
| domestic product deflator computed that year under section | 65049 |
| 5747.025 of the Revised Code by each of the income amounts | 65050 |
| resulting from the adjustment under this division in the preceding | 65051 |
| year, adding the resulting product to the corresponding income | 65052 |
| amount resulting from the adjustment in the preceding year, and | 65053 |
| rounding the resulting sum to the nearest multiple of fifty | 65054 |
| dollars. The tax commissioner also shall recompute each of the tax | 65055 |
| dollar amounts to the extent necessary to reflect the adjustment | 65056 |
| of the income amounts. The rates of taxation shall not be | 65057 |
| adjusted. | 65058 |
| The adjusted amounts apply to taxable years beginning in the | 65059 |
| calendar year in which the adjustments are made. The tax | 65060 |
| commissioner shall not make such adjustments in any year in which | 65061 |
| the amount resulting from the adjustment would be less than the | 65062 |
| amount resulting from the adjustment in the preceding year. | 65063 |
| (B) If the director of budget and management makes a | 65064 |
| certification to the tax commissioner under division (B) of | 65065 |
| section 131.44 of the Revised Code, the amount of tax as | 65066 |
| determined under division (A) of this section shall be reduced by | 65067 |
| the percentage prescribed in that certification for taxable years | 65068 |
| beginning in the calendar year in which that certification is | 65069 |
| made. | 65070 |
| (C) The levy of this tax on income does not prevent a | 65071 |
| municipal corporation, a joint economic development zone created | 65072 |
| under section 715.691, or a joint economic development district | 65073 |
| created under section 715.70 or 715.71 or sections 715.72 to | 65074 |
| 715.81 of the Revised Code from levying a tax on income. | 65075 |
| (D) This division applies only to taxable years of a trust | 65076 |
| beginning in 2002 | 65077 |
| (1) The tax imposed by this section on a trust shall be | 65078 |
| computed by multiplying the Ohio modified taxable income of the | 65079 |
| trust by the rates prescribed by division (A) of this section. | 65080 |
| (2) A credit is allowed against the tax computed under | 65081 |
| division (D) of this section equal to the lesser of (1) the tax | 65082 |
| paid to another state or the District of Columbia on the trust's | 65083 |
| modified nonbusiness income, other than the portion of the trust's | 65084 |
| nonbusiness income that is qualifying investment income as defined | 65085 |
| in section 5747.012 of the Revised Code, or (2) the effective tax | 65086 |
| rate, based on modified Ohio taxable income, multiplied by the | 65087 |
| trust's modified nonbusiness income other than the portion of | 65088 |
| trust's nonbusiness income that is qualifying investment income. | 65089 |
| The credit applies before any other applicable credits. | 65090 |
| (3) The credits enumerated in divisions (A)(1) to (13) of | 65091 |
| section 5747.98 of the Revised Code do not apply to a trust | 65092 |
| subject to this division. Any credits enumerated in other | 65093 |
| divisions of section 5747.98 of the Revised Code apply to a trust | 65094 |
| subject to this division. To the extent that the trust distributes | 65095 |
| income for the taxable year for which a credit is available to the | 65096 |
| trust, the credit shall be shared by the trust and its | 65097 |
| beneficiaries. The tax commissioner and the trust shall be guided | 65098 |
| by applicable regulations of the United States treasury regarding | 65099 |
| the sharing of credits. | 65100 |
| (E) For the purposes of this section, "trust" means any trust | 65101 |
| described in Subchapter J of Chapter 1 of the Internal Revenue | 65102 |
| Code, excluding trusts that are not irrevocable as defined in | 65103 |
| division (I)(3)(b) of section 5747.01 of the Revised Code and that | 65104 |
| have no modified Ohio taxable income for the taxable year, | 65105 |
| charitable remainder trusts, qualified funeral trusts and preneed | 65106 |
| funeral contract trusts established pursuant to section 1111.19 of | 65107 |
| the Revised Code that are not qualified funeral trusts, endowment | 65108 |
| and perpetual care trusts, qualified settlement trusts and funds, | 65109 |
| designated settlement trusts and funds, and trusts exempted from | 65110 |
| taxation under section 501(a) of the Internal Revenue Code. | 65111 |
| Sec. 5747.05. As used in this section, "income tax" includes | 65112 |
| both a tax on net income and a tax measured by net income. | 65113 |
| The following credits shall be allowed against the income tax | 65114 |
| imposed by section 5747.02 of the Revised Code on individuals and | 65115 |
| estates: | 65116 |
| (A)(1) The amount of tax otherwise due under section 5747.02 | 65117 |
| of the Revised Code on such portion of the adjusted gross income | 65118 |
| of any nonresident taxpayer that is not allocable to this state | 65119 |
| pursuant to sections 5747.20 to 5747.23 of the Revised Code; | 65120 |
| (2) The credit provided under this division shall not exceed | 65121 |
| the portion of the total tax due under section 5747.02 of the | 65122 |
| Revised Code that the amount of the nonresident taxpayer's | 65123 |
| adjusted gross income not allocated to this state pursuant to | 65124 |
| sections 5747.20 to 5747.23 of the Revised Code bears to the total | 65125 |
| adjusted gross income of the nonresident taxpayer derived from all | 65126 |
| sources everywhere. | 65127 |
| (3) The tax commissioner may enter into an agreement with the | 65128 |
| taxing authorities of any state or of the District of Columbia | 65129 |
| that imposes an income tax to provide that compensation paid in | 65130 |
| this state to a nonresident taxpayer shall not be subject to the | 65131 |
| tax levied in section 5747.02 of the Revised Code so long as | 65132 |
| compensation paid in such other state or in the District of | 65133 |
| Columbia to a resident taxpayer shall likewise not be subject to | 65134 |
| the income tax of such other state or of the District of Columbia. | 65135 |
| (B) The lesser of division (B)(1) or (2) of this section: | 65136 |
| (1) The amount of tax otherwise due under section 5747.02 of | 65137 |
| the Revised Code on such portion of the adjusted gross income of a | 65138 |
| resident taxpayer that in another state or in the District of | 65139 |
| Columbia is subjected to an income tax. The credit provided under | 65140 |
| division (B)(1) of this section shall not exceed the portion of | 65141 |
| the total tax due under section 5747.02 of the Revised Code that | 65142 |
| the amount of the resident taxpayer's adjusted gross income | 65143 |
| subjected to an income tax in the other state or in the District | 65144 |
| of Columbia bears to the total adjusted gross income of the | 65145 |
| resident taxpayer derived from all sources everywhere. | 65146 |
| (2) The amount of income tax liability to another state or | 65147 |
| the District of Columbia on the portion of the adjusted gross | 65148 |
| income of a resident taxpayer that in another state or in the | 65149 |
| District of Columbia is subjected to an income tax. The credit | 65150 |
| provided under division (B)(2) of this section shall not exceed | 65151 |
| the amount of tax otherwise due under section 5747.02 of the | 65152 |
| Revised Code. | 65153 |
| (3) If the credit provided under division (B) of this section | 65154 |
| is affected by a change in either the portion of adjusted gross | 65155 |
| income of a resident taxpayer subjected to an income tax in | 65156 |
| another state or the District of Columbia or the amount of income | 65157 |
| tax liability that has been paid to another state or the District | 65158 |
| of Columbia, the taxpayer shall report the change to the tax | 65159 |
| commissioner within sixty days of the change in such form as the | 65160 |
| commissioner requires. | 65161 |
| (a) In the case of an underpayment, the report shall be | 65162 |
| accompanied by payment of any additional tax due as a result of | 65163 |
| the reduction in credit together with interest on the additional | 65164 |
| tax and is a return subject to assessment under section 5747.13 of | 65165 |
| the Revised Code solely for the purpose of assessing any | 65166 |
| additional tax due under this division, together with any | 65167 |
| applicable penalty and interest. It shall not reopen the | 65168 |
| computation of the taxpayer's tax liability under this chapter | 65169 |
| from a previously filed return no longer subject to assessment | 65170 |
| except to the extent that such liability is affected by an | 65171 |
| adjustment to the credit allowed by division (B) of this section. | 65172 |
| (b) In the case of an overpayment, an application for refund | 65173 |
| may be filed under this division within the sixty day period | 65174 |
| prescribed for filing the report even if it is beyond the period | 65175 |
| prescribed in section 5747.11 of the Revised Code if it otherwise | 65176 |
| conforms to the requirements of such section. An application filed | 65177 |
| under this division shall only claim refund of overpayments | 65178 |
| resulting from an adjustment to the credit allowed by division (B) | 65179 |
| of this section unless it is also filed within the time prescribed | 65180 |
| in section 5747.11 of the Revised Code. It shall not reopen the | 65181 |
| computation of the taxpayer's tax liability except to the extent | 65182 |
| that such liability is affected by an adjustment to the credit | 65183 |
| allowed by division (B) of this section. | 65184 |
| (4) No credit shall be allowed under division (B) of this | 65185 |
| section to the extent that for any taxable year the taxpayer has | 65186 |
| directly or indirectly deducted, or was required to directly or | 65187 |
| indirectly deduct, the amount of income tax liability to another | 65188 |
| state or the District of Columbia in computing federal adjusted | 65189 |
| gross income. | 65190 |
| (C) For a taxpayer sixty-five years of age or older during | 65191 |
| the taxable year, a credit for such year equal to fifty dollars | 65192 |
| for each return required to be filed under section 5747.08 of the | 65193 |
| Revised Code. | 65194 |
| (D) A taxpayer sixty-five years of age or older during the | 65195 |
| taxable year who has received a lump-sum distribution from a | 65196 |
| pension, retirement, or profit-sharing plan in the taxable year | 65197 |
| may elect to receive a credit under this division in lieu of the | 65198 |
| credit to which the taxpayer is entitled under division (C) of | 65199 |
| this section. A taxpayer making such election shall receive a | 65200 |
| credit for the taxable year equal to fifty dollars times the | 65201 |
| taxpayer's expected remaining life as shown by annuity tables | 65202 |
| issued under the provisions of the Internal Revenue Code and in | 65203 |
| effect for the calendar year which includes the last day of the | 65204 |
| taxable year. A taxpayer making an election under this division is | 65205 |
| not entitled to the credit authorized under division (C) of this | 65206 |
| section in subsequent taxable years except that if such election | 65207 |
| was made prior to July 1, 1983, the taxpayer is entitled to | 65208 |
| one-half the credit authorized under such division in subsequent | 65209 |
| taxable years but may not make another election under this | 65210 |
| division. | 65211 |
| (E) A taxpayer who is not sixty-five years of age or older | 65212 |
| during the taxable year who has received a lump-sum distribution | 65213 |
| from a pension, retirement, or profit-sharing plan in a taxable | 65214 |
| year ending on or before July 31, 1991, may elect to take a credit | 65215 |
| against the tax otherwise due under this chapter for such year | 65216 |
| equal to fifty dollars times the expected remaining life of a | 65217 |
| taxpayer sixty-five years of age as shown by annuity tables issued | 65218 |
| under the provisions of the Internal Revenue Code and in effect | 65219 |
| for the calendar year which includes the last day of the taxable | 65220 |
| year. A taxpayer making an election under this division is not | 65221 |
| entitled to a credit under division (C) or (D) of this section in | 65222 |
| any subsequent year except that if such election was made prior to | 65223 |
| July 1, 1983, the taxpayer is entitled to one-half the credit | 65224 |
| authorized under division (C) of this section in subsequent years | 65225 |
| but may not make another election under this division. No taxpayer | 65226 |
| may make an election under this division for a taxable year ending | 65227 |
| on or after August 1, 1991. | 65228 |
| (F) A taxpayer making an election under either division (D) | 65229 |
| or (E) of this section may make only one such election in the | 65230 |
| taxpayer's lifetime. | 65231 |
| (G)(1) On a joint return filed by a husband and wife, each of | 65232 |
| whom had adjusted gross income of at least five hundred dollars, | 65233 |
| exclusive of interest, dividends and distributions, royalties, | 65234 |
| rent, and capital gains, a credit equal to the percentage shown in | 65235 |
| the table contained in this division of the amount of tax due | 65236 |
| after allowing for any other credit that precedes the credit under | 65237 |
| this division in the order required under section 5747.98 of the | 65238 |
| Revised Code. | 65239 |
| (2) The credit to which a taxpayer is entitled under this | 65240 |
| division in any taxable year is the percentage shown in column B | 65241 |
| that corresponds with the taxpayer's adjusted gross income, less | 65242 |
| exemptions for the taxable year: | 65243 |
| A. | B. | 65244 |
| IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS: | THE CREDIT FOR THE TAXABLE YEAR IS: | 65245 |
| $25,000 or less | 20% | 65246 | ||
| More than $25,000 but not more than $50,000 | 15% | 65247 | ||
| More than $50,000 but not more than $75,000 | 10% | 65248 | ||
| More than $75,000 | 5% | 65249 |
| (3) The credit allowed under this division shall not exceed | 65250 |
| six hundred fifty dollars in any taxable year. | 65251 |
| (H) No claim for credit under this section shall be allowed | 65252 |
| unless the claimant furnishes such supporting information as the | 65253 |
| tax commissioner prescribes by rules. Each credit under this | 65254 |
| section shall be claimed in the order required under section | 65255 |
| 5747.98 of the Revised Code. | 65256 |
| (I) An individual who is a resident for part of a taxable | 65257 |
| year and a nonresident for the remainder of the taxable year is | 65258 |
| allowed the credits under divisions (A) and (B) of this section in | 65259 |
| accordance with rules prescribed by the tax commissioner. In no | 65260 |
| event shall the same income be subject to both credits. | 65261 |
| (J) The credit allowed under division (A) of this section | 65262 |
| shall be calculated based upon the amount of tax due under section | 65263 |
| 5747.02 of the Revised Code after subtracting any other credits | 65264 |
| that precede the credit under that division in the order required | 65265 |
| under section 5747.98 of the Revised Code. The credit allowed | 65266 |
| under division (B) of this section shall be calculated based upon | 65267 |
| the amount of tax due under section 5747.02 of the Revised Code | 65268 |
| after subtracting any other credits that precede the credit under | 65269 |
| that division in the order required under section 5747.98 of the | 65270 |
| Revised Code. | 65271 |
| (K) No credit shall be allowed under division (B) of this | 65272 |
| section unless the taxpayer furnishes such proof as the tax | 65273 |
| commissioner shall require that the income tax liability has been | 65274 |
| paid to another state or the District of Columbia. | 65275 |
| (L) No credit shall be allowed under division (B) of this | 65276 |
| section for compensation that is not subject to the income tax of | 65277 |
| another state or the District of Columbia as the result of an | 65278 |
| agreement entered into by the tax commissioner under division | 65279 |
| (A)(3) of this section. | 65280 |
| Sec. 5747.056. For taxable years beginning in 2005 or | 65281 |
| thereafter, a credit shall be allowed against the tax imposed by | 65282 |
| section 5747.02 of the Revised Code for an individual whose Ohio | 65283 |
| adjusted gross income less exemptions is ten thousand dollars or | 65284 |
| less. For taxable years beginning in 2005, the credit shall equal | 65285 |
| one hundred seven dollars. For taxable years beginning in 2006, | 65286 |
| the credit shall equal one hundred two dollars. For taxable years | 65287 |
| beginning in 2007, the credit shall equal ninety-eight dollars. | 65288 |
| For taxable years beginning in 2008, the credit shall equal | 65289 |
| ninety-three dollars. For taxable years beginning in 2009 or | 65290 |
| thereafter, the credit shall equal eighty-eight dollars. The | 65291 |
| credit shall be claimed in the order required under section | 65292 |
| 5747.98 of the Revised Code. | 65293 |
| Sec. 5747.08. An annual return with respect to the tax | 65294 |
| imposed by section 5747.02 of the Revised Code and each tax | 65295 |
| imposed under Chapter 5748. of the Revised Code shall be made by | 65296 |
| every taxpayer for any taxable year for which the taxpayer is | 65297 |
| liable for the tax imposed by that section or under that chapter, | 65298 |
| unless the total credits allowed under divisions (E), (F), and (G) | 65299 |
| of section 5747.05 of the Revised Code for the year are equal to | 65300 |
| or exceed the tax imposed by section 5747.02 of the Revised Code, | 65301 |
| in which case no return shall be required unless the taxpayer is | 65302 |
| liable for a tax imposed pursuant to Chapter 5748. of the Revised | 65303 |
| Code. | 65304 |
| (A) If an individual is deceased, any return or notice | 65305 |
| required of that individual under this chapter shall be made and | 65306 |
| filed by that decedent's executor, administrator, or other person | 65307 |
| charged with the property of that decedent. | 65308 |
| (B) If an individual is unable to make a return or notice | 65309 |
| required by this chapter, the return or notice required of that | 65310 |
| individual shall be made and filed by the individual's duly | 65311 |
| authorized agent, guardian, conservator, fiduciary, or other | 65312 |
| person charged with the care of the person or property of that | 65313 |
| individual. | 65314 |
| (C) Returns or notices required of an estate or a trust shall | 65315 |
| be made and filed by the fiduciary of the estate or trust. | 65316 |
| (D)(1)(a) Except as otherwise provided in division (D)(1)(b) | 65317 |
| of this section, any pass-through entity may file a single return | 65318 |
| on behalf of one or more of the entity's investors other than an | 65319 |
| investor that is a person subject to the tax imposed under section | 65320 |
| 5733.06 of the Revised Code. The single return shall set forth the | 65321 |
| name, address, and social security number or other identifying | 65322 |
| number of each of those pass-through entity investors and shall | 65323 |
| indicate the distributive share of each of those pass-through | 65324 |
| entity investor's income taxable in this state in accordance with | 65325 |
| sections 5747.20 to 5747.231 of the Revised Code. Such | 65326 |
| pass-through entity investors for whom the pass-through entity | 65327 |
| elects to file a single return are not entitled to the exemption | 65328 |
| or credit provided for by sections 5747.02 and 5747.022 of the | 65329 |
| Revised Code; shall calculate the tax before business credits at | 65330 |
| the highest rate of tax set forth in section 5747.02 of the | 65331 |
| Revised Code for the taxable year for which the return is filed; | 65332 |
| and are entitled to only their distributive share of the business | 65333 |
| credits as defined in division (D)(2) of this section. A single | 65334 |
| check drawn by the pass-through entity shall accompany the return | 65335 |
| in full payment of the tax due, as shown on the single return, for | 65336 |
| such investors, other than investors who are persons subject to | 65337 |
| the tax imposed under section 5733.06 of the Revised Code. | 65338 |
| (b)(i) A pass-through entity shall not include in such a | 65339 |
| single return any investor that is a trust to the extent that any | 65340 |
| direct or indirect current, future, or contingent beneficiary of | 65341 |
| the trust is a person subject to the tax imposed under section | 65342 |
| 5733.06 of the Revised Code. | 65343 |
| (ii) A pass-through entity shall not include in such a single | 65344 |
| return any investor that is itself a pass-through entity to the | 65345 |
| extent that any direct or indirect investor in the second | 65346 |
| pass-through entity is a person subject to the tax imposed under | 65347 |
| section 5733.06 of the Revised Code. | 65348 |
| (c) Nothing in division (D) of this section precludes the tax | 65349 |
| commissioner from requiring such investors to file the return and | 65350 |
| make the payment of taxes and related interest, penalty, and | 65351 |
| interest penalty required by this section or section 5747.02, | 65352 |
| 5747.09, or 5747.15 of the Revised Code. Nothing in division (D) | 65353 |
| of this section shall be construed to provide to such an investor | 65354 |
| or pass-through entity any additional deduction or credit, other | 65355 |
| than the credit provided by division (J) of this section, solely | 65356 |
| on account of the entity's filing a return in accordance with this | 65357 |
| section. Such a pass-through entity also shall make the filing and | 65358 |
| payment of estimated taxes on behalf of the pass-through entity | 65359 |
| investors other than an investor that is a person subject to the | 65360 |
| tax imposed under section 5733.06 of the Revised Code. | 65361 |
| (2) For the purposes of this section, "business credits" | 65362 |
| means the credits listed in section 5747.98 of the Revised Code | 65363 |
| excluding the following credits: | 65364 |
| (a) The retirement credit under division (B) of section | 65365 |
| 5747.055 of the Revised Code; | 65366 |
| (b) The senior citizen credit under division (C) of section | 65367 |
| 5747.05 of the Revised Code; | 65368 |
| (c) The lump sum distribution credit under division (D) of | 65369 |
| section 5747.05 of the Revised Code; | 65370 |
| (d) The dependent care credit under section 5747.054 of the | 65371 |
| Revised Code; | 65372 |
| (e) The lump sum retirement income credit under division (C) | 65373 |
| of section 5747.055 of the Revised Code; | 65374 |
| (f) The lump sum retirement income credit under division (D) | 65375 |
| of section 5747.055 of the Revised Code; | 65376 |
| (g) The lump sum retirement income credit under division (E) | 65377 |
| of section 5747.055 of the Revised Code; | 65378 |
| (h) The credit for displaced workers who pay for job training | 65379 |
| under section 5747.27 of the Revised Code; | 65380 |
| (i) The twenty-dollar personal exemption credit under section | 65381 |
| 5747.022 of the Revised Code; | 65382 |
| (j) The joint filing credit under division (G) of section | 65383 |
| 5747.05 of the Revised Code; | 65384 |
| (k) The nonresident credit under division (A) of section | 65385 |
| 5747.05 of the Revised Code; | 65386 |
| (l) The credit for a resident's out-of-state income under | 65387 |
| division (B) of section 5747.05 of the Revised Code; | 65388 |
| (m) The low-income credit under section 5747.056 of the | 65389 |
| Revised Code. | 65390 |
| (3) The election provided for under division (D) of this | 65391 |
| section applies only to the taxable year for which the election is | 65392 |
| made by the pass-through entity. Unless the tax commissioner | 65393 |
| provides otherwise, this election, once made, is binding and | 65394 |
| irrevocable for the taxable year for which the election is made. | 65395 |
| Nothing in this division shall be construed to provide for any | 65396 |
| deduction or credit that would not be allowable if a nonresident | 65397 |
| pass-through entity investor were to file an annual return. | 65398 |
| (4) If a pass-through entity makes the election provided for | 65399 |
| under division (D) of this section, the pass-through entity shall | 65400 |
| be liable for any additional taxes, interest, interest penalty, or | 65401 |
| penalties imposed by this chapter if the commissioner finds that | 65402 |
| the single return does not reflect the correct tax due by the | 65403 |
| pass-through entity investors covered by that return. Nothing in | 65404 |
| this division shall be construed to limit or alter the liability, | 65405 |
| if any, imposed on pass-through entity investors for unpaid or | 65406 |
| underpaid taxes, interest, interest penalty, or penalties as a | 65407 |
| result of the pass-through entity's making the election provided | 65408 |
| for under division (D) of this section. For the purposes of | 65409 |
| division (D) of this section, "correct tax due" means the tax that | 65410 |
| would have been paid by the pass-through entity had the single | 65411 |
| return been filed in a manner reflecting the commissioner's | 65412 |
| findings. Nothing in division (D) of this section shall be | 65413 |
| construed to make or hold a pass-through entity liable for tax | 65414 |
| attributable to a pass-through entity investor's income from a | 65415 |
| source other than the pass-through entity electing to file the | 65416 |
| single return. | 65417 |
| (E) If a husband and wife file a joint federal income tax | 65418 |
| return for a taxable year, they shall file a joint return under | 65419 |
| this section for that taxable year, and their liabilities are | 65420 |
| joint and several, but, if the federal income tax liability of | 65421 |
| either spouse is determined on a separate federal income tax | 65422 |
| return, they shall file separate returns under this section. | 65423 |
| If either spouse is not required to file a federal income tax | 65424 |
| return and either or both are required to file a return pursuant | 65425 |
| to this chapter, they may elect to file separate or joint returns, | 65426 |
| and, pursuant to that election, their liabilities are separate or | 65427 |
| joint and several. If a husband and wife file separate returns | 65428 |
| pursuant to this chapter, each must claim the taxpayer's own | 65429 |
| exemption, but not both, as authorized under section 5747.02 of | 65430 |
| the Revised Code on the taxpayer's own return. | 65431 |
| (F) Each return or notice required to be filed under this | 65432 |
| section shall contain the signature of the taxpayer or the | 65433 |
| taxpayer's duly authorized agent and of the person who prepared | 65434 |
| the return for the taxpayer, and shall include the taxpayer's | 65435 |
| social security number. Each return shall be verified by a | 65436 |
| declaration under the penalties of perjury. The tax commissioner | 65437 |
| shall prescribe the form that the signature and declaration shall | 65438 |
| take. | 65439 |
| (G) Each return or notice required to be filed under this | 65440 |
| section shall be made and filed as required by section 5747.04 of | 65441 |
| the Revised Code, on or before the fifteenth day of April of each | 65442 |
| year, on forms that the tax commissioner shall prescribe, together | 65443 |
| with remittance made payable to the treasurer of state in the | 65444 |
| combined amount of the state and all school district income taxes | 65445 |
| shown to be due on the form, unless the combined amount shown to | 65446 |
| be due is one dollar or less, in which case that amount need not | 65447 |
| be remitted. | 65448 |
| Upon good cause shown, the commissioner may extend the period | 65449 |
| for filing any notice or return required to be filed under this | 65450 |
| section and may adopt rules relating to extensions. If the | 65451 |
| extension results in an extension of time for the payment of any | 65452 |
| state or school district income tax liability with respect to | 65453 |
| which the return is filed, the taxpayer shall pay at the time the | 65454 |
| tax liability is paid an amount of interest computed at the rate | 65455 |
| per annum prescribed by section 5703.47 of the Revised Code on | 65456 |
| that liability from the time that payment is due without extension | 65457 |
| to the time of actual payment. Except as provided in section | 65458 |
| 5747.132 of the Revised Code, in addition to all other interest | 65459 |
| charges and penalties, all taxes imposed under this chapter or | 65460 |
| Chapter 5748. of the Revised Code and remaining unpaid after they | 65461 |
| become due, except combined amounts due of one dollar or less, | 65462 |
| bear interest at the rate per annum prescribed by section 5703.47 | 65463 |
| of the Revised Code until paid or until the day an assessment is | 65464 |
| issued under section 5747.13 of the Revised Code, whichever occurs | 65465 |
| first. | 65466 |
| If the commissioner considers it necessary in order to ensure | 65467 |
| the payment of the tax imposed by section 5747.02 of the Revised | 65468 |
| Code or any tax imposed under Chapter 5748. of the Revised Code, | 65469 |
| the commissioner may require returns and payments to be made | 65470 |
| otherwise than as provided in this section. | 65471 |
| (H) If any report, claim, statement, or other document | 65472 |
| required to be filed, or any payment required to be made, within a | 65473 |
| prescribed period or on or before a prescribed date under this | 65474 |
| chapter is delivered after that period or that date by United | 65475 |
| States mail to the agency, officer, or office with which the | 65476 |
| report, claim, statement, or other document is required to be | 65477 |
| filed, or to which the payment is required to be made, the date of | 65478 |
| the postmark stamped on the cover in which the report, claim, | 65479 |
| statement, or other document, or payment is mailed shall be deemed | 65480 |
| to be the date of delivery or the date of payment. | 65481 |
| If a payment is required to be made by electronic funds | 65482 |
| transfer pursuant to section 5747.072 of the Revised Code, the | 65483 |
| payment is considered to be made when the payment is received by | 65484 |
| the treasurer of state or credited to an account designated by the | 65485 |
| treasurer of state for the receipt of tax payments. | 65486 |
| "The date of the postmark" means, in the event there is more | 65487 |
| than one date on the cover, the earliest date imprinted on the | 65488 |
| cover by the United States postal service. | 65489 |
| (I) The amounts withheld by the employer pursuant to section | 65490 |
| 5747.06 of the Revised Code shall be allowed to the recipient of | 65491 |
| the compensation as credits against payment of the appropriate | 65492 |
| taxes imposed on the recipient by section 5747.02 and under | 65493 |
| Chapter 5748. of the Revised Code. | 65494 |
| (J) If, in accordance with division (D) of this section, a | 65495 |
| pass-through entity elects to file a single return and if any | 65496 |
| investor is required to file the return and make the payment of | 65497 |
| taxes required by this chapter on account of the investor's other | 65498 |
| income that is not included in a single return filed by a | 65499 |
| pass-through entity, the investor is entitled to a refundable | 65500 |
| credit equal to the investor's proportionate share of the tax paid | 65501 |
| by the pass-through entity on behalf of the investor. The investor | 65502 |
| shall claim the credit for the investor's taxable year in which or | 65503 |
| with which ends the taxable year of the pass-through entity. | 65504 |
| Nothing in this chapter shall be construed to allow any credit | 65505 |
| provided in this chapter to be claimed more than once. For the | 65506 |
| purposes of computing any interest, penalty, or interest penalty, | 65507 |
| the investor shall be deemed to have paid the refundable credit | 65508 |
| provided by this division on the day that the pass-through entity | 65509 |
| paid the estimated tax or the tax giving rise to the credit. | 65510 |
| Sec. 5747.331. (A) As used in this section: | 65511 |
| (1) "Borrower" means any person that receives a loan from the | 65512 |
| director of development under section 166.21 of the Revised Code, | 65513 |
| regardless of whether the borrower is subject to the tax imposed | 65514 |
| by section 5747.02 of the Revised Code. | 65515 |
| (2) "Related member" has the same meaning as in section | 65516 |
| 5733.042 of the Revised Code. | 65517 |
| (3) "Qualified research and development loan payments" has | 65518 |
| the same meaning as in division (D) of section 166.21 of the | 65519 |
| Revised Code. | 65520 |
|
(B) Beginning | 65521 |
| taxable years beginning in 2007, a nonrefundable credit is allowed | 65522 |
| against the tax imposed by section 5747.02 of the Revised Code | 65523 |
| equal to a borrower's qualified research and development loan | 65524 |
| payments made during the calendar year that includes the last day | 65525 |
| of the taxable year for which the credit is claimed. The amount of | 65526 |
| the credit for a taxable year shall not exceed one hundred fifty | 65527 |
| thousand dollars. No taxpayer is entitled to claim a credit under | 65528 |
| this section unless it has obtained a certificate issued by the | 65529 |
| director of development under division (D) of section 166.21 of | 65530 |
| the Revised Code. The credit shall be claimed in the order | 65531 |
| required under section 5747.98 of the Revised Code. The credit, to | 65532 |
| the extent it exceeds the taxpayer's tax liability for the taxable | 65533 |
| year after allowance for any other credits that precede the credit | 65534 |
| under this section in that order, shall be carried forward to the | 65535 |
| next succeeding taxable year or years until fully used. Any credit | 65536 |
| not fully utilized by the taxable year beginning in 2007 may be | 65537 |
| carried forward and applied against the tax levied by Chapter | 65538 |
| 5751. of the Revised Code to the extent allowed by section 5751.52 | 65539 |
| of the Revised Code. | 65540 |
| (C) A borrower entitled to a credit under this section may | 65541 |
| assign the credit, or a portion thereof, to any of the following: | 65542 |
| (1) A related member of that borrower; | 65543 |
| (2) The owner or lessee of the eligible research and | 65544 |
| development project; | 65545 |
| (3) A related member of the owner or lessee of the eligible | 65546 |
| research and development project. | 65547 |
| A borrower making an assignment under this division shall | 65548 |
| provide written notice of the assignment to the tax commissioner | 65549 |
| and the director of development, in such form as the tax | 65550 |
| commissioner prescribes, before the credit that was assigned is | 65551 |
| used. The assignor may not claim the credit to the extent it was | 65552 |
| assigned to an assignee. The assignee may claim the credit only to | 65553 |
| the extent the assignor has not claimed it. | 65554 |
| (D) If any taxpayer is a shareholder in an S corporation, a | 65555 |
| partner in a partnership, or a member in a limited liability | 65556 |
| company treated as a partnership for federal income tax purposes, | 65557 |
| the taxpayer shall be allowed the taxpayer's distributive or | 65558 |
| proportionate share of the credit available through the S | 65559 |
| corporation, partnership, or limited liability company. | 65560 |
| (E) The aggregate credit against the taxes imposed by | 65561 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 65562 |
| Code that may be claimed under this section and section 5733.352 | 65563 |
| of the Revised Code by a borrower as a result of qualified | 65564 |
| research and development loan payments attributable during a | 65565 |
| calendar year to any one loan shall not exceed one hundred fifty | 65566 |
| thousand dollars. | 65567 |
| Sec. 5747.70. (A) In computing Ohio adjusted gross income, a | 65568 |
| deduction from federal adjusted gross income is allowed to a | 65569 |
| contributor for the amount contributed during the taxable year to | 65570 |
| a variable college savings program account and to a purchaser of | 65571 |
|
tuition
| 65572 |
| created by Chapter 3334. of the Revised Code to the extent that | 65573 |
| the amounts of such contributions and purchases were not deducted | 65574 |
| in determining the contributor's or purchaser's federal adjusted | 65575 |
| gross income for the taxable year. The combined amount of | 65576 |
| contributions and purchases deducted in any taxable year by a | 65577 |
| taxpayer or the taxpayer and the taxpayer's spouse, regardless of | 65578 |
| whether the taxpayer and the taxpayer's spouse file separate | 65579 |
| returns or a joint return, is limited to two thousand dollars for | 65580 |
| each beneficiary for whom contributions or purchases are made. If | 65581 |
| the combined annual contributions and purchases for a beneficiary | 65582 |
| exceed two thousand dollars, the excess may be carried forward and | 65583 |
| deducted in future taxable years until the contributions and | 65584 |
| purchases have been fully deducted. | 65585 |
| (B) In computing Ohio adjusted gross income, a deduction from | 65586 |
| federal adjusted gross income is allowed for: | 65587 |
| (1) Income related to tuition
| 65588 |
| that as of the end of the taxable year have not been refunded | 65589 |
| pursuant to the termination of a tuition payment contract or | 65590 |
| variable college savings program account under section 3334.10 of | 65591 |
| the Revised Code, to the extent that such income is included in | 65592 |
| federal adjusted gross income. | 65593 |
| (2) The excess of the total purchase price of tuition
| 65594 |
| units refunded during the taxable year pursuant to the termination | 65595 |
| of a tuition payment contract under section 3334.10 of the Revised | 65596 |
| Code over the amount of the refund, to the extent the amount of | 65597 |
| the excess was not deducted in determining federal adjusted gross | 65598 |
|
income. Division
(B)(2) of this section applies
only to
| 65599 |
| units for which no deduction was allowable under division (A) of | 65600 |
| this section. | 65601 |
| (C) In computing Ohio adjusted gross income, there shall be | 65602 |
| added to federal adjusted gross income the amount of loss related | 65603 |
|
to
tuition
| 65604 |
| the taxable year have not been refunded pursuant to the | 65605 |
| termination of a tuition payment contract or variable college | 65606 |
| savings program account under section 3334.10 of the Revised Code, | 65607 |
| to the extent that such loss was deducted in determining federal | 65608 |
| adjusted gross income. | 65609 |
| (D) For taxable years in which distributions or refunds are | 65610 |
| made under a tuition payment or variable college savings program | 65611 |
| contract for any reason other than payment of tuition or other | 65612 |
| higher education expenses, or the beneficiary's death, disability, | 65613 |
| or receipt of a scholarship as described in section 3334.10 of the | 65614 |
| Revised Code: | 65615 |
| (1) If the distribution or refund is paid to the purchaser or | 65616 |
| contributor or beneficiary, any portion of the distribution or | 65617 |
| refund not included in the recipient's federal adjusted gross | 65618 |
| income shall be added to the recipient's federal adjusted gross | 65619 |
| income in determining the recipient's Ohio adjusted gross income, | 65620 |
| except that the amount added shall not exceed amounts previously | 65621 |
| deducted under division (A) of this section less any amounts added | 65622 |
| under division (D)(1) of this section in a prior taxable year. | 65623 |
| (2) If amounts paid by a purchaser or contributor on or after | 65624 |
| January 1, 2000, are distributed or refunded to someone other than | 65625 |
| the purchaser or contributor or beneficiary, the amount of the | 65626 |
| payment not included in the recipient's federal adjusted gross | 65627 |
| income, less any amounts added under division (D) of this section | 65628 |
| in a prior taxable year, shall be added to the recipient's federal | 65629 |
| adjusted gross income in determining the recipient's Ohio adjusted | 65630 |
| gross income. | 65631 |
| Sec. 5747.80. (A) Upon the issuance of a tax credit | 65632 |
| certificate by the Ohio venture capital authority under section | 65633 |
| 150.07 of the Revised Code, a credit may be claimed against the | 65634 |
| tax imposed by section 5747.02 of the Revised Code. The credit | 65635 |
| shall be claimed for the taxable year specified in the certificate | 65636 |
| issued by the authority and in the order required under section | 65637 |
| 5747.98 of the Revised Code. | 65638 |
| (B) If the taxpayer elected a refundable credit under section | 65639 |
| 150.07 of the Revised Code and the amount of the credit shown on | 65640 |
| the certificate does not exceed the tax otherwise due under | 65641 |
| section 5747.02 of the Revised Code after all nonrefundable | 65642 |
| credits are deducted, then the taxpayer shall claim a refundable | 65643 |
| credit equal to the amount of the credit shown on the certificate. | 65644 |
| (C) If the taxpayer elected a refundable credit under section | 65645 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 65646 |
| the certificate exceeds the tax otherwise due under section | 65647 |
| 5747.02 of the Revised Code after all nonrefundable credits | 65648 |
| 65649 | |
| 65650 | |
| 65651 | |
| 65652 | |
| 65653 | |
| 65654 | |
| refundable credit equal to the sum of the following: | 65655 |
| (1) The amount, if any, of the tax otherwise due under | 65656 |
| section 5747.02 of the Revised Code after all nonrefundable | 65657 |
| credits are deducted; | 65658 |
| (2) Seventy-five per cent of the difference between the | 65659 |
| amount of the refundable credit shown on the certificate and the | 65660 |
| tax otherwise due under section 5747.02 of the Revised Code after | 65661 |
| all nonrefundable credits are deducted. | 65662 |
| (D) If the taxpayer elected a nonrefundable credit and the | 65663 |
| credit to which the taxpayer would otherwise be entitled under | 65664 |
| this section for any taxable year is greater than the tax | 65665 |
| otherwise due under section 5747.02 of the Revised Code, after | 65666 |
| allowing for any other credits that, under section 5747.98 of the | 65667 |
| Revised Code, precede the credit allowed under this section, the | 65668 |
| excess shall be allowed as a nonrefundable credit in each of the | 65669 |
| ensuing ten taxable years, but the amount of any excess credit | 65670 |
| allowed in the ensuing taxable year shall be deducted from the | 65671 |
| balance carried forward to the next taxable year. | 65672 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 65673 |
| calculating the amount of tax due under section 5747.02 of the | 65674 |
| Revised Code, a taxpayer shall claim any credits to which the | 65675 |
| taxpayer is entitled in the following order: | 65676 |
| (1) The retirement income credit under division (B) of | 65677 |
| section 5747.055 of the Revised Code; | 65678 |
| (2) The senior citizen credit under division (C) of section | 65679 |
| 5747.05 of the Revised Code; | 65680 |
| (3) The lump sum distribution credit under division (D) of | 65681 |
| section 5747.05 of the Revised Code; | 65682 |
| (4) The dependent care credit under section 5747.054 of the | 65683 |
| Revised Code; | 65684 |
| (5) The lump sum retirement income credit under division (C) | 65685 |
| of section 5747.055 of the Revised Code; | 65686 |
| (6) The lump sum retirement income credit under division (D) | 65687 |
| of section 5747.055 of the Revised Code; | 65688 |
| (7) The lump sum retirement income credit under division (E) | 65689 |
| of section 5747.055 of the Revised Code; | 65690 |
| (8) The low-income credit under section 5747.056 of the | 65691 |
| Revised Code; | 65692 |
| (9) The credit for displaced workers who pay for job training | 65693 |
| under section 5747.27 of the Revised Code; | 65694 |
| | 65695 |
| 5747.29 of the Revised Code; | 65696 |
| | 65697 |
| section 5747.022 of the Revised Code; | 65698 |
| | 65699 |
| section 5747.05 of the Revised Code; | 65700 |
| | 65701 |
| 5747.05 of the Revised Code; | 65702 |
| | 65703 |
| under division (B) of section 5747.05 of the Revised Code; | 65704 |
| | 65705 |
| with child day-care centers under section 5747.34 of the Revised | 65706 |
| Code; | 65707 |
| | 65708 |
| child care expenses under section 5747.36 of the Revised Code; | 65709 |
| | 65710 |
| section 5747.37 of the Revised Code; | 65711 |
| | 65712 |
| under section 5747.38 of the Revised Code; | 65713 |
| | 65714 |
| section 5747.058 of the Revised Code; | 65715 |
| | 65716 |
| venture capital program under sections 150.01 to 150.10 of the | 65717 |
| Revised Code if the taxpayer elected a nonrefundable credit under | 65718 |
| section 150.07 of the Revised Code; | 65719 |
| | 65720 |
| machinery and equipment under section 5747.26 or section 5747.261 | 65721 |
| of the Revised Code; | 65722 |
| | 65723 |
| machinery and equipment and the credit for using Ohio coal under | 65724 |
| section 5747.31 of the Revised Code; | 65725 |
| | 65726 |
| Revised Code; | 65727 |
| | 65728 |
| the Revised Code; | 65729 |
| | 65730 |
| voluntary action under section 5747.32 of the Revised Code; | 65731 |
| | 65732 |
| child day-care centers under section 5747.35 of the Revised Code; | 65733 |
| | 65734 |
| 5747.75 of the Revised Code; | 65735 |
| | 65736 |
| production property under section 5747.28 of the Revised Code; | 65737 |
| | 65738 |
| the Revised Code; | 65739 |
| | 65740 |
| technology transfer investors under section 5747.33 of the Revised | 65741 |
| Code; | 65742 |
| | 65743 |
| the Revised Code; | 65744 |
| | 65745 |
| 5747.331 of the Revised Code; | 65746 |
| | 65747 |
| (A) of section 5747.058 of the Revised Code; | 65748 |
| | 65749 |
| entity granted under section 5747.059 of the Revised Code; | 65750 |
| | 65751 |
| qualifying pass-through entity granted under division (J) of | 65752 |
| section 5747.08 of the Revised Code; | 65753 |
| | 65754 |
| division (B)(1) of section 5747.062 of the Revised Code; | 65755 |
| | 65756 |
| venture capital program under sections 150.01 to 150.10 of the | 65757 |
| Revised Code if the taxpayer elected a refundable credit under | 65758 |
| section 150.07 of the Revised Code. | 65759 |
| (B) For any credit, except the credits enumerated in | 65760 |
| divisions (A) | 65761 |
| granted under division (I) of section 5747.08 of the Revised Code, | 65762 |
| the amount of the credit for a taxable year shall not exceed the | 65763 |
| tax due after allowing for any other credit that precedes it in | 65764 |
| the order required under this section. Any excess amount of a | 65765 |
| particular credit may be carried forward if authorized under the | 65766 |
| section creating that credit. Nothing in this chapter shall be | 65767 |
| construed to allow a taxpayer to claim, directly or indirectly, a | 65768 |
| credit more than once for a taxable year. | 65769 |
| Sec. 5749.02. (A) For the purpose of providing revenue to | 65770 |
| administer the state's coal mining and reclamation regulatory | 65771 |
| program, to meet the environmental and resource management needs | 65772 |
| of this state, and to reclaim land affected by mining, an excise | 65773 |
| tax is hereby levied on the privilege of engaging in the severance | 65774 |
| of natural resources from the soil or water of this state. The tax | 65775 |
| shall be imposed upon the severer and shall be: | 65776 |
| (1) Seven cents per ton of coal; | 65777 |
| (2) Four cents per ton of salt; | 65778 |
| (3) Two cents per ton of limestone or dolomite; | 65779 |
| (4) Two cents per ton of sand and gravel; | 65780 |
| (5) Ten cents per barrel of oil; | 65781 |
| (6) Two and one-half cents per thousand cubic feet of natural | 65782 |
| gas; | 65783 |
| (7) One cent per ton of clay, sandstone or conglomerate, | 65784 |
| shale, gypsum, or quartzite. | 65785 |
| (B) Of the moneys received by the treasurer of state from the | 65786 |
| tax levied in division (A)(1) of this section, six and | 65787 |
| three-tenths per cent shall be credited to the geological mapping | 65788 |
| fund created in section 1505.09 of the Revised Code, fourteen and | 65789 |
| two-tenths per cent shall be credited to the reclamation | 65790 |
| forfeiture fund created in section 1513.18 of the Revised Code, | 65791 |
| fifty-seven and nine-tenths per cent shall be credited to the coal | 65792 |
| mining administration and reclamation reserve fund created in | 65793 |
| section 1513.181 of the Revised Code, and the remainder shall be | 65794 |
| credited to the unreclaimed lands fund created in section 1513.30 | 65795 |
| of the Revised Code. When, at any time during a fiscal year, the | 65796 |
| chief of the division of mineral resources management finds that | 65797 |
| the balance of the coal mining administration and reclamation | 65798 |
| reserve fund is below two million dollars, the chief shall certify | 65799 |
| that fact to the director of budget and management. Upon receipt | 65800 |
| of the chief's certification, the director shall direct the | 65801 |
| 65802 | |
| mining administration and reclamation reserve fund during the | 65803 |
| remainder of the fiscal year for which the certification is made | 65804 |
| the fourteen and two-tenths per cent of the moneys collected from | 65805 |
| the tax levied in division (A)(1) of this section and otherwise | 65806 |
| required by this division to be credited to the reclamation | 65807 |
| forfeiture fund. | 65808 |
| Fifteen per cent of the moneys received by the treasurer of | 65809 |
| state from the tax levied in division (A)(2) of this section shall | 65810 |
| be credited to the geological mapping fund and the remainder shall | 65811 |
| be credited to the unreclaimed lands fund. | 65812 |
| Of the moneys received by the treasurer of state from the tax | 65813 |
| levied in divisions (A)(3) and (4) of this section, seven and | 65814 |
| five-tenths per cent shall be credited to the geological mapping | 65815 |
| fund, forty-two and five-tenths per cent shall be credited to the | 65816 |
| unreclaimed lands fund, and the remainder shall be credited to the | 65817 |
| surface mining fund created in section 1514.06 of the Revised | 65818 |
| Code. | 65819 |
| Of the moneys received by the treasurer of state from the tax | 65820 |
| levied in divisions (A)(5) and (6) of this section, ninety per | 65821 |
| cent shall be credited to the oil and gas well fund created in | 65822 |
| section 1509.02 of the Revised Code and ten per cent shall be | 65823 |
| credited to the geological mapping fund. All of the moneys | 65824 |
| received by the treasurer of state from the tax levied in division | 65825 |
| (A)(7) of this section shall be credited to the surface mining | 65826 |
| fund. | 65827 |
| (C) For the purpose of paying the state's expenses for | 65828 |
| reclaiming mined lands that the operator failed to reclaim under a | 65829 |
| coal mining and reclamation permit issued under Chapter 1513. of | 65830 |
| the Revised Code, or under a surface mining permit issued under | 65831 |
| Chapter 1514. of the Revised Code, for which the operator's bond | 65832 |
| is not sufficient to pay the state's expense for reclamation, | 65833 |
| there is hereby levied an excise tax on the privilege of engaging | 65834 |
| in the severance of coal from the soil or water of this state in | 65835 |
| addition to the taxes levied by divisions (A)(1) and (D) of this | 65836 |
| section. The tax shall be imposed at the rate of one cent per ton | 65837 |
| of coal. Moneys received by the treasurer of state from the tax | 65838 |
| levied under this division shall be credited to the reclamation | 65839 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 65840 |
| (D) For the purpose of paying the state's expenses for | 65841 |
| reclaiming coal mined lands that the operator failed to reclaim in | 65842 |
| accordance with Chapter 1513. of the Revised Code under a coal | 65843 |
| mining and reclamation permit issued after April 10, 1972, but | 65844 |
| before September 1, 1981, for which the operator's bond is not | 65845 |
| sufficient to pay the state's expense for reclamation and paying | 65846 |
| the expenses for administering the state's coal mining and | 65847 |
| reclamation regulatory program, there is hereby levied an excise | 65848 |
| tax on the privilege of engaging in the severance of coal from the | 65849 |
| soil or water of this state in addition to the taxes levied by | 65850 |
| divisions (A)(1) and (C) of this section. The tax shall be imposed | 65851 |
| at the rate of one cent per ton of coal as prescribed in this | 65852 |
| division. Moneys received by the treasurer of state from the tax | 65853 |
| levied by this division shall be credited to the reclamation | 65854 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 65855 |
| When, at the close of any fiscal year, the chief finds that | 65856 |
| the balance of the reclamation forfeiture fund, plus estimated | 65857 |
| transfers to it from the coal mining and reclamation reserve fund | 65858 |
| under section 1513.181 of the Revised Code, plus the estimated | 65859 |
| revenues from the tax levied by this division for the remainder of | 65860 |
| the calendar year that includes the close of the fiscal year, are | 65861 |
| sufficient to complete the reclamation of such lands, the purposes | 65862 |
| for which the tax under this division is levied shall be deemed | 65863 |
| accomplished at the end of that calendar year. The chief, within | 65864 |
| thirty days after the close of the fiscal year, shall certify | 65865 |
| those findings to the tax commissioner, and the tax shall cease to | 65866 |
| be imposed after the last day of that calendar year. | 65867 |
| (E) On the day fixed for the payment of the severance taxes | 65868 |
| required to be paid by this section, the taxes with any penalties | 65869 |
| or interest on them shall become a lien on all property of the | 65870 |
| taxpayer in this state whether the property is employed by the | 65871 |
| taxpayer in the prosecution of its business or is in the hands of | 65872 |
| an assignee, trustee, or receiver for the benefit of creditors or | 65873 |
| stockholders. The lien shall continue until the taxes and any | 65874 |
| penalties or interest thereon are paid. | 65875 |
| Upon failure of the taxpayer to pay a tax on the day fixed | 65876 |
| for payment, the tax commissioner may file, for which no filing | 65877 |
| fee shall be charged, in the office of the county recorder in each | 65878 |
| county in this state in which the taxpayer owns or has a | 65879 |
| beneficial interest in real estate, notice of the lien containing | 65880 |
| a brief description of the real estate. The lien shall not be | 65881 |
| valid as against any mortgagee, purchaser, or judgment creditor | 65882 |
| whose rights have attached prior to the time the notice is filed | 65883 |
| in the county in which the real estate that is the subject of the | 65884 |
| mortgage, purchase, or judgment lien is located. The notice shall | 65885 |
| be recorded in a book kept by the recorder called the "severance | 65886 |
| tax lien record" and indexed under the name of the taxpayer | 65887 |
| charged with the tax. When the tax has been paid, the tax | 65888 |
| commissioner shall furnish to the taxpayer an acknowledgement of | 65889 |
| payment, which the taxpayer may record with the recorder of each | 65890 |
| county in which notice of the lien has been filed. | 65891 |
| Sec. 5751.01. As used in this chapter: | 65892 |
| (A) "Person" means, but is not limited to, individuals, | 65893 |
| combinations of individuals of any form, receivers, assignees, | 65894 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 65895 |
| business trusts, estates, partnerships, limited liability | 65896 |
| partnerships, limited liability companies, associations, joint | 65897 |
| ventures, clubs, societies, for-profit and nonprofit corporations, | 65898 |
| S corporations, qualified subchapter S subsidiaries, qualified | 65899 |
| subchapter S trusts, trusts, entities that are disregarded for | 65900 |
| federal income tax purposes, and any other entities. "Person" does | 65901 |
| not include the state, its agencies, and its political | 65902 |
| subdivisions. | 65903 |
| (B) "Consolidated elected taxpayer" means a group of two or | 65904 |
| more persons treated as a single taxpayer for purposes of this | 65905 |
| chapter as the result of an election made under section 5751.011 | 65906 |
| of the Revised Code. | 65907 |
| (C) "Combined taxpayer" means a group of two or more persons | 65908 |
| treated as a single taxpayer for purposes of this chapter under | 65909 |
| section 5751.012 of the Revised Code. | 65910 |
| (D) "Taxpayer" means any person, or any group of persons in | 65911 |
| the case of a consolidated elected taxpayer or combined taxpayer | 65912 |
| treated as one taxpayer, required to register or pay tax under | 65913 |
| this chapter. "Taxpayer" does not include excluded persons. | 65914 |
| (E) "Excluded person" means any of the following: | 65915 |
| (1) Any person with not more than forty thousand dollars of | 65916 |
| taxable gross receipts during the tax year. Division (E)(1) of | 65917 |
| this section does not apply to a person that is a member of a | 65918 |
| group that is a consolidated elected taxpayer or a combined | 65919 |
| taxpayer; | 65920 |
| (2) A public utility, as defined in division (A) of section | 65921 |
| 5727.01 of the Revised Code, that paid the excise tax imposed by | 65922 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 65923 |
| more measurement periods that include the entire tax year under | 65924 |
| this chapter, except that a public utility that is a combined | 65925 |
| company is a taxpayer with regard to the following gross receipts: | 65926 |
| (a) Taxable gross receipts directly attributed to the | 65927 |
| activity of an electric company, a rural electric company, or any | 65928 |
| other activity other than the activity of a heating company or | 65929 |
| natural gas company; | 65930 |
| (b) Taxable gross receipts that cannot be directly attributed | 65931 |
| to any activity, multiplied by a fraction whose numerator is the | 65932 |
| taxable gross receipts described in division (E)(2)(a) of this | 65933 |
| section and whose denominator is the total taxable gross receipts | 65934 |
| that can be directly attributed to any activity; | 65935 |
| (c) Except for any differences resulting from the use of an | 65936 |
| accrual basis method of accounting for purposes of determining | 65937 |
| gross receipts under this chapter and the use of the cash basis | 65938 |
| method of accounting for purposes of determining gross receipts | 65939 |
| under section 5727.24 of the Revised Code, the gross receipts | 65940 |
| directly attributed to the activity of a natural gas company shall | 65941 |
| be determined in a manner consistent with division (D) of section | 65942 |
| 5727.03 of the Revised Code. | 65943 |
| As used in division (E)(2) of this section, "combined | 65944 |
| company," "electric company," "heating company," "natural gas | 65945 |
| company," and "rural electric company" have the same meanings as | 65946 |
| in section 5727.01 of the Revised Code. | 65947 |
| (3) A financial institution, as defined in section 5725.01 of | 65948 |
| the Revised Code, that paid the corporation franchise tax charged | 65949 |
| by division (D) of section 5733.06 of the Revised Code based on | 65950 |
| one or more taxable years that include the entire tax year under | 65951 |
| this chapter; | 65952 |
| (4) A dealer in intangibles, as defined in section 5725.01 of | 65953 |
| the Revised Code, that paid the dealer in intangibles tax levied | 65954 |
| by division (D) of section 5707.03 of the Revised Code based on | 65955 |
| one or more measurement periods that include the entire tax year | 65956 |
| under this chapter; | 65957 |
| (5) A financial holding company as defined in the "Bank | 65958 |
| Holding Company Act," 12 U.S.C. 1841(p); | 65959 |
| (6) A bank holding company as defined in the "Bank Holding | 65960 |
| Company Act," 12 U.S.C. 1841(a); | 65961 |
| (7) A savings and loan holding company as defined in the | 65962 |
| "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D); | 65963 |
| (8) A financial services company, which, for the purposes of | 65964 |
| this chapter and Chapter 5733. of the Revised Code, is a person | 65965 |
| directly or indirectly subject to supervision, regulation, or | 65966 |
| review by the federal reserve board, the comptroller of the | 65967 |
| currency, the office of thrift supervision in the United States | 65968 |
| department of the treasury, or the division of financial | 65969 |
| institutions in the department of commerce; | 65970 |
| (9) A person directly or indirectly majority-owned or | 65971 |
| controlled by a financial institution, financial holding company, | 65972 |
| bank holding company, savings and loan holding company, financial | 65973 |
| services company, or insurance company described in division | 65974 |
| (E)(3), (5), (6), (7), (8), or (10) of this section; | 65975 |
| (10) A domestic insurance company or foreign insurance | 65976 |
| company, as defined in section 5725.01 of the Revised Code, that | 65977 |
| paid the insurance company premiums tax imposed by section 5725.18 | 65978 |
| or Chapter 5729. of the Revised Code based on one or more | 65979 |
| measurement periods that include the entire tax year under this | 65980 |
| chapter; | 65981 |
| (11) A person that was formed or otherwise came into | 65982 |
| existence with the purpose of facilitating a securitization or | 65983 |
| similar transaction or series of transactions for or by any person | 65984 |
| described in division (E)(3), (5), (6), (7), (8), (9), or (10) of | 65985 |
| this section. | 65986 |
| (F) "Gross receipts" means the total amount realized, without | 65987 |
| deduction for the cost of goods sold or other expenses incurred, | 65988 |
| in a transaction or transactions from activities that contribute | 65989 |
| to the production of gross income, including the fair market value | 65990 |
| of any property and any services received, and any debt | 65991 |
| transferred or forgiven as consideration, and including the total | 65992 |
| amount realized with regard to unrelated business income of | 65993 |
| tax-exempt organizations under the Internal Revenue Code. | 65994 |
| (1) The following are examples of gross receipts: | 65995 |
| (a) Amounts realized from the sale, exchange, or other | 65996 |
| disposition of the taxpayer's property to or with another; | 65997 |
| (b) Amounts realized from the taxpayer's performance of | 65998 |
| services for another; | 65999 |
| (c) Amounts realized from another's use or possession of the | 66000 |
| taxpayer's property or capital; | 66001 |
| (d) Amounts realized with regard to the taxpayer's unrelated | 66002 |
| business income; | 66003 |
| (e) Any combination of the foregoing amounts. | 66004 |
| (2) "Gross receipts" excludes the following amounts: | 66005 |
| (a) Interest income except interest on credit sales; | 66006 |
| (b) Dividend income, distributions received, and distributive | 66007 |
| or proportionate shares of a pass-through entity as defined under | 66008 |
| section 5733.04 of the Revised Code; | 66009 |
| (c) Receipts from the sale, exchange, or other disposition of | 66010 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 66011 |
| Code, without regard to the length of time the person held the | 66012 |
| asset; | 66013 |
| (d) Proceeds received attributable to the repayment, | 66014 |
| maturity, or redemption of the principal of a loan, bond, mutual | 66015 |
| fund, certificate of deposit, or marketable instrument; | 66016 |
| (e) The principal amount received under a repurchase | 66017 |
| agreement or on account of any transaction properly characterized | 66018 |
| as a loan to the person; | 66019 |
| (f) Contributions received by a trust, plan, or other | 66020 |
| arrangement, any of which is described in section 501(a) of the | 66021 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 66022 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 66023 |
| (g) Compensation, whether current or deferred, and whether in | 66024 |
| cash or in kind, received or to be received by an employee for | 66025 |
| services rendered to or for an employer, including reimbursements | 66026 |
| received by or for an individual for medical or education | 66027 |
| expenses, health insurance premiums, or employee expenses, or on | 66028 |
| account of a dependent care spending account, legal services plan, | 66029 |
| any cafeteria plan described in section 125 of the Internal | 66030 |
| Revenue Code, or any similar employee reimbursement; | 66031 |
| (h) Proceeds received from the issuance of the taxpayer's own | 66032 |
| stock, options, warrants, puts, or calls, or from the sale of the | 66033 |
| person's treasury stock; | 66034 |
| (i) Proceeds received on the account of payments from life | 66035 |
| insurance policies; | 66036 |
| (j) Gifts or charitable contributions received, membership | 66037 |
| dues received, and payments received for educational courses, | 66038 |
| meetings, meals, or similar payments to a trade, professional, or | 66039 |
| other similar association; fundraising receipts received by any | 66040 |
| person when any excess receipts are donated or used exclusively | 66041 |
| for charitable purposes; and proceeds received by a nonprofit | 66042 |
| organization except those proceeds realized with regard to its | 66043 |
| unrelated business income; | 66044 |
| (k) Damages received as the result of litigation in excess of | 66045 |
| amounts that, if received without litigation, would be gross | 66046 |
| receipts; | 66047 |
| (l) Property, money, and other amounts received or acquired | 66048 |
| by an agent on behalf of another in excess of the agent's | 66049 |
| commission, fee, or other remuneration; | 66050 |
| (m) Tax refunds and other tax benefit recoveries; | 66051 |
| (n) Pension reversions; | 66052 |
| (o) Contributions to capital; | 66053 |
| (p) Sales or use taxes collected as a vendor or an | 66054 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 66055 |
| consumer; | 66056 |
| (q) In the case of receipts from the sale of cigarettes or | 66057 |
| tobacco products by a wholesale dealer, retail dealer, | 66058 |
| distributor, manufacturer, or seller, all as defined in section | 66059 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 66060 |
| state excise taxes paid by any person on or for such cigarettes or | 66061 |
| tobacco products under subtitle E of the Internal Revenue Code or | 66062 |
| Chapter 5743. of the Revised Code; | 66063 |
| (r) In the case of receipts from the sale of motor fuel by a | 66064 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 66065 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 66066 |
| the Revised Code, an amount equal to federal and state excise | 66067 |
| taxes paid by any person on such motor fuel under section 4081 of | 66068 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 66069 |
| (s) In the case of receipts from the sale of beer or | 66070 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 66071 |
| Code, by a person holding a permit issued under Chapter 4301. or | 66072 |
| 4303. of the Revised Code or by a person acting as an agent under | 66073 |
| section 4301.17 of the Revised Code, an amount equal to federal | 66074 |
| and state excise taxes paid by any person on or for such beer or | 66075 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 66076 |
| or Chapter 4301. or 4305. of the Revised Code; | 66077 |
| (t) Receipts from the sale of spirituous liquor, as defined | 66078 |
| in section 4301.01 of the Revised Code, by a person acting as an | 66079 |
| agent of the division of liquor control under section 4301.17 of | 66080 |
| the Revised Code in excess of the compensation paid to the agent | 66081 |
| pursuant to that section; | 66082 |
| (u) Amounts received as pari-mutuel wagers that are received, | 66083 |
| facilitated, managed, controlled, or otherwise effectuated by a | 66084 |
| person holding a valid permit to conduct horse racing meetings | 66085 |
| under Chapter 3769. of the Revised Code or by a person that is not | 66086 |
| located in this state but is otherwise licensed by and registered | 66087 |
| with the state racing commission. | 66088 |
| (v) Amounts received from the sale of Ohio lottery tickets by | 66089 |
| a lottery sales agent holding a valid license issued under section | 66090 |
| 3770.05 of the Revised Code in excess of any bonus, commission, or | 66091 |
| reimbursement payable to the sales agent; | 66092 |
| (w) Amounts received by an authorized agent of the chief of | 66093 |
| the division of wildlife from issuing licenses and permits under | 66094 |
| section 1533.13 of the Revised Code in excess of the fees charged | 66095 |
| and collected by the authorized agent for taking affidavits and | 66096 |
| issuing such licenses and permits. | 66097 |
| (x) Receipts realized by a motor vehicle dealer, as defined | 66098 |
| in section 4501.01 of the Revised Code, from the sale or other | 66099 |
| transfer of a motor vehicle, as defined in that section, to | 66100 |
| another motor vehicle dealer for the purpose of resale by the | 66101 |
| transferee motor vehicle dealer. | 66102 |
| (y) Any receipts for which the tax imposed by this chapter is | 66103 |
| prohibited by the constitution or laws of the United States or the | 66104 |
| constitution of this state. | 66105 |
| (3) "Gross receipts" excludes amounts received or recorded on | 66106 |
| the taxpayer's books and records relating to transactions between | 66107 |
| an electric company and a regional transmission organization that | 66108 |
| are mandated by the federal energy regulatory commission, even if | 66109 |
| such amounts are received in the ordinary course of the taxpayer's | 66110 |
| trade or business and are a form of payment for a transaction | 66111 |
| listed in division (F)(1) of this section. | 66112 |
| (4) In the case of a taxpayer that is a real estate broker, | 66113 |
| "gross receipts" includes only the portion of any fee for the | 66114 |
| service of a real estate broker, or service of a real estate | 66115 |
| salesperson associated with that broker, that is retained by the | 66116 |
| broker and not paid to an associated real estate salesperson or | 66117 |
| another real estate broker. For the purposes of this division, | 66118 |
| "real estate broker" and "real estate salesperson" have the same | 66119 |
| meanings as in section 4735.01 of the Revised Code. | 66120 |
| (5) A taxpayer's method of accounting for gross receipts for | 66121 |
| a tax period shall be the same as the taxpayer's method of | 66122 |
| accounting for federal income tax purposes for the taxpayer's | 66123 |
| federal taxable year that includes the tax period. If a taxpayer's | 66124 |
| method of accounting for federal income tax purposes changes, its | 66125 |
| method of accounting for gross receipts under this chapter shall | 66126 |
| be changed accordingly. | 66127 |
| In calculating gross receipts, the following shall be | 66128 |
| deducted: | 66129 |
| (a) Cash discounts allowed and taken; | 66130 |
| (b) Returns and allowances; | 66131 |
| (c) Bad debts from receipts upon which the tax imposed by | 66132 |
| this chapter was paid in a prior quarterly tax payment period. For | 66133 |
| the purposes of this division, "bad debts" mean any debts that | 66134 |
| have become worthless or uncollectible between the preceding and | 66135 |
| current quarterly tax payment periods, have been uncollected for | 66136 |
| at least six months, and may be claimed as a deduction under | 66137 |
| section 126 of the Internal Revenue Code and the regulations | 66138 |
| adopted pursuant thereto, or that could be claimed as such if the | 66139 |
| taxpayer kept its accounts on the accrual basis. "Bad debts" does | 66140 |
| not include uncollectible amounts on property that remains in the | 66141 |
| possession of the taxpayer until the full purchase price is paid, | 66142 |
| expenses in attempting to collect any account receivable or for | 66143 |
| any portion of the debt recovered, and repossessed property. | 66144 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 66145 |
| this state under section 5751.03 of the Revised Code. | 66146 |
| (H) A person has "substantial nexus with this state" if any | 66147 |
| of the following applies. The person: | 66148 |
| (1) Owns or uses a part or all of its capital in this state; | 66149 |
| (2) Holds a certificate of compliance with the laws of this | 66150 |
| state authorizing the person to do business in this state; | 66151 |
| (3) Owns or leases property in this state; | 66152 |
| (4) Has one or more individuals performing services in this | 66153 |
| state; | 66154 |
| (5) Otherwise has nexus with this state to an extent that the | 66155 |
| person can be required to remit the tax imposed under this chapter | 66156 |
| under the constitution of the United States. | 66157 |
| (I) "Tangible personal property" has the same meaning as in | 66158 |
| section 5739.01 of the Revised Code. | 66159 |
| (J) "Internal Revenue Code" means the Internal Revenue Code | 66160 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 66161 |
| this chapter that is not otherwise defined has the same meaning as | 66162 |
| when used in a comparable context in the laws of the United States | 66163 |
| relating to federal income taxes unless a different meaning is | 66164 |
| clearly required. Any reference in this chapter to the Internal | 66165 |
| Revenue Code includes other laws of the United States relating to | 66166 |
| federal income taxes. | 66167 |
| (K) "Quarterly tax reporting period" means a three-month | 66168 |
| period ending on the thirty-first day of March, the thirtieth day | 66169 |
| of June, the thirtieth day of September, or the thirty-first day | 66170 |
| of December. | 66171 |
| (L) "Tax year" means the calendar year on the basis of which | 66172 |
| a taxpayer is required to pay the tax imposed under this chapter. | 66173 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 66174 |
| to be a consolidated elected taxpayer for the purposes of this | 66175 |
| chapter if the group satisfies all of the following requirements: | 66176 |
| (1) The group includes all persons, other than persons | 66177 |
| enumerated in divisions (E)(2) to (11) of section 5751.01 of the | 66178 |
| Revised Code, having at least fifty per cent of the value of their | 66179 |
| ownership interests owned or controlled, directly or | 66180 |
| constructively through related interests, by common owners; | 66181 |
| (2) The group applies to the tax commissioner for approval to | 66182 |
| be treated as a consolidated elected taxpayer pursuant to division | 66183 |
| (D) of this section; | 66184 |
| (3) The group agrees that if the commissioner approves the | 66185 |
| election, all of the following apply: | 66186 |
| (a) The group shall file reports as a single taxpayer for at | 66187 |
| least the two tax years following the election so long at least | 66188 |
| two or more of the members of the group meet the requirements of | 66189 |
| division (B)(1) of this section. | 66190 |
| (b) Before the expiration of the second such tax year, the | 66191 |
| group shall notify the commissioner if it elects to cancel its | 66192 |
| designation as a consolidated elected taxpayer. If the group does | 66193 |
| not so notify the tax commissioner, the election remains in effect | 66194 |
| for another two tax years. | 66195 |
| (c) If, at any time during the tax years covered by the | 66196 |
| election, a former member of the group no longer meets the | 66197 |
| requirements under division (A)(1) of this section, that member | 66198 |
| shall report and pay the tax imposed under this chapter | 66199 |
| separately, as a member of a combined taxpayer, or, if the former | 66200 |
| member satisfies such requirements with respect to another | 66201 |
| consolidated elected group, as a member of that consolidated | 66202 |
| elected group. | 66203 |
| (d) The group agrees to the application of division (B) of | 66204 |
| this section. | 66205 |
| (B) A group of persons making the election under this section | 66206 |
| shall report and pay tax on all of the group's taxable gross | 66207 |
| receipts even if substantial nexus with this state does not exist | 66208 |
| for one or more persons in the group. | 66209 |
| (C)(1) A consolidated elected taxpayer shall exclude taxable | 66210 |
| gross receipts between its members. Except as provided in division | 66211 |
| (C)(2) of this section, nothing in this section shall have the | 66212 |
| effect of excluding taxable gross receipts received from persons | 66213 |
| that are not members of the group. | 66214 |
| (2) Gross receipts related to the sale or transmission of | 66215 |
| electricity through the use of an intermediary regional | 66216 |
| transmission organization approved by the federal energy | 66217 |
| regulatory commission shall be excluded from taxable gross | 66218 |
| receipts under division (C)(1) of this section if all other | 66219 |
| requirements of that division are met, even if the receipts are | 66220 |
| from and to the same member of the group. | 66221 |
| (D) To make the election to be a consolidated elected | 66222 |
| taxpayer, a group of persons shall apply to the tax commissioner | 66223 |
| and pay the commissioner a registration fee equal to the lesser of | 66224 |
| two hundred dollars or twenty dollars for each person in the | 66225 |
| group. No additional fee shall be imposed for the addition of new | 66226 |
| members to the group once the group has remitted a fee in the | 66227 |
| amount of two hundred dollars. The application shall be filed and | 66228 |
| the fee paid before the later of the beginning of the first tax | 66229 |
| year to which the election applies or November 15, 2005. The fee | 66230 |
| shall be collected and used in the same manner as provided in | 66231 |
| section 5751.05 of the Revised Code. | 66232 |
| The election shall be made on a form prescribed by the tax | 66233 |
| commissioner for that purpose and shall be signed by one or more | 66234 |
| individuals with authority, separately or together, to make a | 66235 |
| binding election on behalf of all persons in the group. The tax | 66236 |
| commissioner shall approve a group's election if the group | 66237 |
| satisfies the requirements of division (A) of this section. | 66238 |
| Any person acquired or formed after the filing of the | 66239 |
| registration shall be included in the group, and the group shall | 66240 |
| notify the tax commissioner of any additions to the group with the | 66241 |
| next quarterly tax return it files with the commissioner. | 66242 |
| (E) Each member of a consolidated elected taxpayer is jointly | 66243 |
| and severally liable for the tax imposed by this chapter and any | 66244 |
| penalties or interest thereon. The tax commissioner may require | 66245 |
| one person in the group to be the taxpayer for purposes of | 66246 |
| registration and remittance of the tax, but all members of the | 66247 |
| group are subject to assessment under section 5751.09 of the | 66248 |
| Revised Code. | 66249 |
| Sec. 5751.012. (A) All persons, other than persons | 66250 |
| enumerated in divisions (E)(2) to (11) of section 5751.01 of the | 66251 |
| Revised Code, having more than fifty per cent of the value of | 66252 |
| their ownership interest owned or controlled, directly or | 66253 |
| constructively through related interests, by common owners shall | 66254 |
| be members of a combined taxpayer if those persons are not members | 66255 |
| of a consolidated elected taxpayer pursuant to an election under | 66256 |
| section 5751.011 of the Revised Code. | 66257 |
| (B) A combined taxpayer shall register, file returns, and pay | 66258 |
| taxes under this chapter as a single taxpayer. | 66259 |
| (C) A combined taxpayer shall neither exclude taxable gross | 66260 |
| receipts between its members nor from others that are not members. | 66261 |
| (D) A combined taxpayer shall pay to the tax commissioner a | 66262 |
| registration fee equal to the lesser of two hundred dollars or | 66263 |
| twenty dollars for each person in the group. No additional fee | 66264 |
| shall be imposed for the addition of new members to the group once | 66265 |
| the group has remitted a fee in the amount of two hundred dollars. | 66266 |
| The fee shall be timely paid before the later of the beginning of | 66267 |
| the first tax year or November 15, 2005. The fee shall be | 66268 |
| collected and used in the same manner as provided in section | 66269 |
| 5751.05 of the Revised Code. | 66270 |
| Any person acquired or formed after the filing of the | 66271 |
| registration shall be included in the group, and the group must | 66272 |
| notify the tax commissioner of any additions with the next | 66273 |
| quarterly tax return it files with the commissioner. | 66274 |
| (E) Each member of a combined taxpayer is jointly and | 66275 |
| severally liable for the tax imposed by this chapter and any | 66276 |
| penalties or interest thereon. The tax commissioner may require | 66277 |
| one person in the group to be the taxpayer for purposes of | 66278 |
| registration and remittance of the tax, but all members of the | 66279 |
| group are subject to assessment under section 5751.09 of the | 66280 |
| Revised Code. | 66281 |
| Sec. 5751.02. For the purpose of funding the needs of this | 66282 |
| state and its local governments, there is hereby levied an annual | 66283 |
| commercial activity tax on each person with taxable gross receipts | 66284 |
| in this state for the privilege of doing business in this state at | 66285 |
| any time during the tax year. The tax levied under this section is | 66286 |
| a tax measured by taxable gross receipts and is not a tax on or | 66287 |
| measured by net income, and is in addition to any other taxes or | 66288 |
| fees imposed under the Revised Code. | 66289 |
| Sec. 5751.03. (A) Except as provided in division (B) of this | 66290 |
| section, the tax levied under this chapter for a tax year equals | 66291 |
| one hundred dollars plus the product of two and six-tenths mills | 66292 |
| per dollar times taxable gross receipts in the tax year in excess | 66293 |
| of one million dollars. | 66294 |
| (B) For quarterly tax reporting periods beginning on or after | 66295 |
| January 1, 2006, and ending on or before March 31, 2009, the rate | 66296 |
| of tax computed on the basis of taxable gross receipts in excess | 66297 |
| of one million dollars shall be as follows in lieu of the rate | 66298 |
| prescribed in division (A) of this section: | 66299 |
| (1) For the quarterly tax reporting period ending March 31, | 66300 |
| 2006, six-tenths of one mill per dollar of taxable gross receipts; | 66301 |
| (2) For the quarterly tax reporting periods ending June 30, | 66302 |
| 2006, September 30, 2006, December 31, 2006, and March 31, 2007, | 66303 |
| one and four-hundredths mills per dollar of taxable gross | 66304 |
| receipts; | 66305 |
| (3) For the quarterly tax reporting periods ending June 30, | 66306 |
| 2007, September 30, 2007, December 31, 2007, and March 31, 2008, | 66307 |
| one and fifty-six-hundredths mills per dollar of taxable gross | 66308 |
| receipts; | 66309 |
| (4) For the quarterly tax reporting periods ending June 30, | 66310 |
| 2008, September 30, 2008, December 31, 2008, and March 31, 2009, | 66311 |
| two and eight-hundredths mills per dollar of taxable gross | 66312 |
| receipts. | 66313 |
| Sec. 5751.031. From its inception through June 30, 2007, the | 66314 |
| commercial activity tax levied under this chapter is intended to | 66315 |
| generate eight hundred fifteen million dollars. Not later than | 66316 |
| September 30, 2007, the tax commissioner shall determine the total | 66317 |
| amount of tax paid under this chapter, excluding registration | 66318 |
| fees, that was collected from the inception of the tax through | 66319 |
| June 30, 2007. If such amount is less than ninety per cent or | 66320 |
| greater than one hundred ten per cent of eight hundred fifteen | 66321 |
| million dollars, then, for purposes of taxable periods after | 66322 |
| calendar year 2007, the tax rate in division (B) of section | 66323 |
| 5751.03 of the Revised Code shall be adjusted to reflect the tax | 66324 |
| rate that would have generated eight hundred fifteen million | 66325 |
| dollars of tax from the inception of the tax through June 30, | 66326 |
| 2007. Upon making such adjustment, the commissioner shall report | 66327 |
| and certify the adjusted tax rate to the governor, the president | 66328 |
| of the senate, the speaker of the house of representatives, and | 66329 |
| all members of the general assembly. The commissioner shall | 66330 |
| publish the revised rate by journal entry and provide notice to | 66331 |
| taxpayers of the revised rate. | 66332 |
| Sec. 5751.033. (A) As used in this section: | 66333 |
| (1) "First budget stabilization fund amount" means the | 66334 |
| portion of the excess amount, if any, that is not more than | 66335 |
| forty-two million nine hundred fifty thousand dollars. | 66336 |
| (2) "Tax rate stabilization fund amount" means the portion of | 66337 |
| the excess amount, if any, that is more than forty-two million | 66338 |
| nine hundred fifty thousand dollars but not more than eighty-five | 66339 |
| million nine hundred thousand dollars. | 66340 |
| (3) "Second budget stabilization fund amount" means the | 66341 |
| portion of the excess amount, if any, which is more than | 66342 |
| eighty-five million nine hundred thousand dollars. | 66343 |
| (4) "Excess amount" means the amount of tax paid under | 66344 |
| section 5751.03 of the Revised Code that was collected from July | 66345 |
| 1, 2007, through June 30, 2008, and that exceeds eight hundred | 66346 |
| fifty-nine million dollars. | 66347 |
| (B) Not later than September 1, 2008, the tax commissioner | 66348 |
| shall determine the total amount of tax paid under section 5751.03 | 66349 |
| of the Revised Code that was collected from July 1, 2007, through | 66350 |
| June 30, 2008. If such amount of tax paid is more than eight | 66351 |
| hundred fifty-nine million dollars but is not more than nine | 66352 |
| hundred one million nine hundred fifty thousand dollars, then the | 66353 |
| tax commissioner shall proceed in accordance with division (C) of | 66354 |
| this section. If such amount of tax paid is at least nine hundred | 66355 |
| one million nine hundred fifty thousand dollars but is not more | 66356 |
| than nine hundred forty-four million nine hundred thousand | 66357 |
| dollars, then the tax commissioner shall proceed in accordance | 66358 |
| with division (D) of this section. If such amount of tax paid is | 66359 |
| more than nine hundred forty-four million nine hundred thousand | 66360 |
| dollars, then the tax commissioner shall proceed in accordance | 66361 |
| with divisions (E) and (F) of this section. If such amount of tax | 66362 |
| paid is less than seven hundred seventy-three million one hundred | 66363 |
| thousand dollars, then the tax commissioner shall proceed in | 66364 |
| accordance with division (F) of this section. | 66365 |
| (C) The tax commissioner shall certify the first budget | 66366 |
| stabilization fund amount to the director of budget and | 66367 |
| management, and the director shall transfer such amount to the | 66368 |
| budget stabilization fund created under section 131.43 of the | 66369 |
| Revised Code. | 66370 |
| (D)(1) The tax commissioner shall certify the first budget | 66371 |
| stabilization fund amount to the director of budget and | 66372 |
| management, and the director shall transfer such amount to the | 66373 |
| budget stabilization fund created under section 131.43 of the | 66374 |
| Revised Code. | 66375 |
| (2) The tax commissioner shall certify the tax rate | 66376 |
| stabilization fund amount to the director of budget and | 66377 |
| management, and the director shall transfer such amount to the tax | 66378 |
| rate stabilization fund created under section 131.46 of the | 66379 |
| Revised Code. | 66380 |
| (E)(1) The tax commissioner shall certify the first budget | 66381 |
| stabilization fund amount to the director of budget and | 66382 |
| management, and the director shall transfer such amount to the | 66383 |
| budget stabilization fund created under section 131.43 of the | 66384 |
| Revised Code. | 66385 |
| (2) The tax commissioner shall certify the tax rate | 66386 |
| stabilization fund amount to the director of budget and management | 66387 |
| and the director shall transfer such amount to the tax rate | 66388 |
| stabilization fund created under section 131.46 of the Revised | 66389 |
| Code. | 66390 |
| (3) The tax commissioner shall certify the second budget | 66391 |
| stabilization fund amount to the director of budget and | 66392 |
| management, and the director shall transfer such amount to the | 66393 |
| budget stabilization fund created under section 131.43 of the | 66394 |
| Revised Code. | 66395 |
| (F) For purposes of tax periods after calendar year 2008, the | 66396 |
| tax commissioner shall adjust the rate in effect under division | 66397 |
| (B) of section 5751.03 of the Revised Code to reflect the tax rate | 66398 |
| that would have generated eight hundred fifty-nine million dollars | 66399 |
| of tax for fiscal year 2008. Upon making such adjustment, the tax | 66400 |
| commissioner shall, not later than September 1, 2008, report and | 66401 |
| certify the adjusted tax rate to the governor, the president of | 66402 |
| the senate, the speaker of the house of representatives, and all | 66403 |
| members of the general assembly. The tax commissioner shall | 66404 |
| publicize the revised rate by journal entry and provide notice to | 66405 |
| taxpayers of the revised rate. | 66406 |
| Sec. 5751.034. (A) As used in this section: | 66407 |
| (1) "First budget stabilization fund amount" means the | 66408 |
| portion of the excess amount, if any, that is not more than | 66409 |
| seventy-seven million four hundred thousand dollars. | 66410 |
| (2) "Tax rate stabilization fund amount" means the portion of | 66411 |
| the excess amount, if any, which is more than seventy-seven | 66412 |
| million four hundred thousand dollars but not more than one | 66413 |
| hundred fifty-four million eight hundred thousand dollars. | 66414 |
| (3) "Second budget stabilization fund amount" means the | 66415 |
| portion of the excess amount, if any, that is more than one | 66416 |
| hundred fifty-four million eight hundred thousand dollars. | 66417 |
| (4) "Excess amount" means the amount of tax paid under | 66418 |
| section 5751.03 of the Revised Code that was collected from July | 66419 |
| 1, 2009, through June 30, 2010, and that exceeds one billion five | 66420 |
| hundred forty-eight million dollars. | 66421 |
| (B) Not later than September 1, 2010, the tax commissioner | 66422 |
| shall determine the total amount of tax paid under section 5751.03 | 66423 |
| of the Revised Code that was collected from July 1, 2009, through | 66424 |
| June 30, 2010. If such amount of tax paid is more than one billion | 66425 |
| five hundred forty-eight million dollars, but is not more than one | 66426 |
| billion six hundred twenty-five million four hundred thousand | 66427 |
| dollars, then the tax commissioner shall proceed in accordance | 66428 |
| with division (C) of this section. If such amount of tax paid is | 66429 |
| at least one billion six hundred twenty-five million four hundred | 66430 |
| thousand dollars, but is not more than one billion seven hundred | 66431 |
| two million eight hundred thousand dollars, then the tax | 66432 |
| commissioner shall proceed in accordance with division (D) of this | 66433 |
| section. If such amount of tax paid is more than one billion seven | 66434 |
| hundred two million eight hundred thousand dollars, then the tax | 66435 |
| commissioner shall proceed in accordance with divisions (E) and | 66436 |
| (F) of this section. If such amount of tax paid is less than one | 66437 |
| billion three hundred ninety-three million two hundred thousand | 66438 |
| dollars, then the tax commissioner shall proceed in accordance | 66439 |
| with division (F) of this section. | 66440 |
| (C) The tax commissioner shall certify the first budget | 66441 |
| stabilization fund amount to the director of budget and | 66442 |
| management, and the director shall transfer such amount to the | 66443 |
| budget stabilization fund created under section 131.43 of the | 66444 |
| Revised Code. | 66445 |
| (D)(1) The tax commissioner shall certify the first budget | 66446 |
| stabilization fund amount to the director of budget and | 66447 |
| management, and the director shall transfer such amount to the | 66448 |
| budget stabilization fund created under section 131.43 of the | 66449 |
| Revised Code. | 66450 |
| (2) The tax commissioner shall certify the tax rate | 66451 |
| stabilization fund amount to the director of budget and | 66452 |
| management, and the director shall transfer such amount to the tax | 66453 |
| rate stabilization fund created under section 131.46 of the | 66454 |
| Revised Code. | 66455 |
| (E)(1) The tax commissioner shall certify the first budget | 66456 |
| stabilization fund amount to the director of budget and | 66457 |
| management, and the director shall transfer such amount to the | 66458 |
| budget stabilization fund created under section 131.43 of the | 66459 |
| Revised Code. | 66460 |
| (2) The tax commissioner shall certify the tax rate | 66461 |
| stabilization fund amount to the director of budget and | 66462 |
| management, and the director shall transfer such amount to the tax | 66463 |
| rate stabilization fund created under section 131.46 of the | 66464 |
| Revised Code. | 66465 |
| (3) The tax commissioner shall certify the second budget | 66466 |
| stabilization fund amount to the director of budget and | 66467 |
| management, and the director shall transfer such amount to the | 66468 |
| budget stabilization fund created under section 131.43 of the | 66469 |
| Revised Code. | 66470 |
| (F) For purposes of tax periods after calendar year 2010, the | 66471 |
| tax commissioner shall adjust the rate in effect under division | 66472 |
| (B) of section 5751.03 of the Revised Code to reflect the tax rate | 66473 |
| that would have generated one billion five hundred forty-eight | 66474 |
| million dollars of tax for fiscal year 2010. Upon making such | 66475 |
| adjustment, the tax commissioner shall, not later than September | 66476 |
| 1, 2008, report and certify the adjusted tax rate to the governor, | 66477 |
| the president of the senate, the speaker of the house of | 66478 |
| representatives, and all members of the general assembly. The tax | 66479 |
| commissioner shall publicize the revised rate by journal entry and | 66480 |
| provide notice to taxpayers of the revised rate. | 66481 |
| Sec. 5751.032. For the purposes of this chapter, gross | 66482 |
| receipts shall be sitused to this state as follows: | 66483 |
| (A) Gross rents and royalties from real property located in | 66484 |
| this state shall be sitused to this state. | 66485 |
| (B) Gross rents and royalties from tangible personal property | 66486 |
| shall be sitused to this state to the extent the tangible personal | 66487 |
| property is located or used in this state. | 66488 |
| (C) Gross receipts from the sale of electricity and electric | 66489 |
| transmission and distribution services shall be sitused to this | 66490 |
| state in the manner provided under section 5733.059 of the Revised | 66491 |
| Code. | 66492 |
| (D) Gross receipts from the sale of real property located in | 66493 |
| this state shall be sitused to this state. | 66494 |
| (E) Gross receipts from the sale of tangible personal | 66495 |
| property shall be sitused to this state if the property is | 66496 |
| received in this state by the purchaser. In the case of delivery | 66497 |
| of tangible personal property by common carrier or by other means | 66498 |
| of transportation, the place at which such property is ultimately | 66499 |
| received after all transportation has been completed shall be | 66500 |
| considered the place where the purchaser receives the property. | 66501 |
| The place where tangible personal property is ultimately received | 66502 |
| after all transportation has been completed shall be considered | 66503 |
| the place where the purchaser receives the property even when the | 66504 |
| purchaser accepts property in this state and then transports the | 66505 |
| property by common carrier or by other means of transportation to | 66506 |
| a location outside this state. Direct delivery in this state, | 66507 |
| other than for purposes of transportation, to a person or firm | 66508 |
| designated by a purchaser constitutes delivery to the purchaser in | 66509 |
| this state, and direct delivery outside this state to a person or | 66510 |
| firm designated by a purchaser does not constitute delivery to the | 66511 |
| purchaser in this state, regardless of where title passes or other | 66512 |
| conditions of sale. | 66513 |
| (F) Gross receipts from the sale, exchange, disposition, or | 66514 |
| other grant of the right to use trademarks, trade names, patents, | 66515 |
| copyrights, and similar intellectual property shall be sitused to | 66516 |
| this state to the extent that the receipts are based on the amount | 66517 |
| of use of the property in this state. If the receipts are not | 66518 |
| based on the amount of use of the property, but rather on the | 66519 |
| right to use the property, and the payor has the right to use the | 66520 |
| property in this state, then the receipts from the sale, exchange, | 66521 |
| disposition, or other grant of the right to use such property | 66522 |
| shall be sitused to this state to the extent the receipts are | 66523 |
| based on the right to use the property in this state. | 66524 |
| (G) Gross receipts from the sale of services, and all other | 66525 |
| gross receipts not otherwise sitused under this section, shall be | 66526 |
| sitused to this state in the proportion that the purchaser's | 66527 |
| benefit in this state with respect to what was purchased bears to | 66528 |
| the purchaser's benefit everywhere with respect to what was | 66529 |
| purchased. The physical location where the purchaser ultimately | 66530 |
| uses or receives the benefit of what was purchased shall be | 66531 |
| paramount in determining the proportion of the benefit in this | 66532 |
| state to the benefit everywhere. | 66533 |
| (H) If the situsing provisions of divisions (A) to (G) of | 66534 |
| this section do not fairly represent the extent of a person's | 66535 |
| activity in this state, the person may request, or the tax | 66536 |
| commissioner may require or permit, an alternative method. Such | 66537 |
| request by a person must be made within the applicable statute of | 66538 |
| limitations set forth in this chapter. | 66539 |
| (I) The tax commissioner may adopt rules to provide | 66540 |
| additional guidance to the application of this section, and | 66541 |
| provide alternative methods of situsing gross receipts that apply | 66542 |
| to all persons, or subset of persons, that are engaged in similar | 66543 |
| business or trade activities. | 66544 |
| Sec. 5751.04. (A) Not later than the later of November 15, | 66545 |
| 2005, or thirty days after a person first has more than forty | 66546 |
| thousand dollars in taxable gross receipts in a tax year, each | 66547 |
| person subject to this chapter shall register with the tax | 66548 |
| commissioner on the form prescribed by the commissioner. The form | 66549 |
| shall include the following: | 66550 |
| (1) The person's name; | 66551 |
| (2) If applicable, the name of the state or country under the | 66552 |
| laws of which the person is incorporated; | 66553 |
| (3) If applicable, the location of a person's principal | 66554 |
| office, and, in the case of a foreign corporation, the location of | 66555 |
| its principal place of business in this state and the name and | 66556 |
| address of the officer or agent of the corporation in charge of | 66557 |
| the business in this state; | 66558 |
| (4) If applicable, the names of the person's president, | 66559 |
| secretary, treasurer, and statutory agent designated pursuant to | 66560 |
| section 1703.041 of the Revised Code, with the post office address | 66561 |
| of each; | 66562 |
| (5) The kind of business in which the person is engaged, | 66563 |
| including applicable business or industry codes; | 66564 |
| (6) The date of the beginning of the person's annual | 66565 |
| accounting period that includes the first day of January of the | 66566 |
| tax year; | 66567 |
| (7) If the person is not a corporation or a sole proprietor, | 66568 |
| the names of all the person's owners and officers; | 66569 |
| (8) The person's federal employer identification number or | 66570 |
| numbers or, if those are not applicable, the person's social | 66571 |
| security number or equivalent; | 66572 |
| (9) All other information that the commissioner requires to | 66573 |
| administer and enforce this chapter. | 66574 |
| (B) Except as otherwise provided in this division, each | 66575 |
| person registering with the tax commissioner as required by | 66576 |
| division (A) of this section shall pay a registration fee. The fee | 66577 |
| shall be in the amount of fifteen dollars if a person registers | 66578 |
| electronically and twenty dollars if a person does not register | 66579 |
| electronically. The registration fee shall be paid in the manner | 66580 |
| prescribed by the tax commissioner at the same time the | 66581 |
| registration is due if a person is subject to the tax imposed | 66582 |
| under this chapter before January 1, 2006. If a person first | 66583 |
| becomes subject to the tax after that date, the registration fee | 66584 |
| is payable with the first quarterly payment of tax the person is | 66585 |
| required to remit as prescribed by section 5751.05 of the Revised | 66586 |
| Code. If a registration fee is not paid when due, an additional | 66587 |
| fee is imposed in the amount of one hundred dollars per month or | 66588 |
| part thereof the fee is outstanding, not to exceed one thousand | 66589 |
| dollars. The tax commissioner may abate the additional fee. The | 66590 |
| fee imposed under this division may be assessed in the same manner | 66591 |
| as the tax imposed under this chapter. Proceeds from the fee shall | 66592 |
| be credited to the commercial activity tax administrative fund, | 66593 |
| which is hereby created in the state treasury for the commissioner | 66594 |
| to use in implementing and administering the tax imposed under | 66595 |
| this chapter. | 66596 |
| No registration fee is payable by a person for a tax year if | 66597 |
| the person first begins business operations in this state after | 66598 |
| the thirtieth day of November of that tax year or if the person's | 66599 |
| taxable gross receipts for the tax year exceed forty thousand | 66600 |
| dollars but do not exceed forty thousand dollars as of the first | 66601 |
| day of December of the tax year. | 66602 |
| Registration fees paid under this section, excluding any | 66603 |
| additional fee imposed for late payment of the registration fee, | 66604 |
| shall be credited against the first payment of tax payable under | 66605 |
| section 5751.03 of the Revised Code after the registration fee is | 66606 |
| paid. | 66607 |
| (C) If a person that has registered under this section is no | 66608 |
| longer a taxpayer subject to this chapter, including no longer | 66609 |
| being a taxpayer because of the application of division (D)(1) of | 66610 |
| section 5751.01 of the Revised Code, the person shall notify the | 66611 |
| commissioner that the person's registration should be cancelled. | 66612 |
| Sec. 5751.05. (A) As used in this section, "applicable rate" | 66613 |
| means the rate of tax imposed under division (A) or (B) of section | 66614 |
| 5751.03 of the Revised Code, as applicable to a quarterly tax | 66615 |
| reporting period, after any adjustment under section 5751.031 of | 66616 |
| the Revised Code. "Applicable rate" does not include the one | 66617 |
| hundred dollar tax amount imposed under division (A) of that | 66618 |
| section. | 66619 |
| (B) The tax imposed under this chapter is payable in the | 66620 |
| amounts and at the times prescribed in divisions (B)(1), (2), (3), | 66621 |
| and (4) of this section. | 66622 |
| (1) If a taxpayer's taxable gross receipts exceed two hundred | 66623 |
| fifty thousand dollars for the first, second, or third quarterly | 66624 |
| tax reporting period in the tax year, the taxpayer shall pay an | 66625 |
| amount equal to the product of the applicable rate times the | 66626 |
| taxpayer's taxable gross receipts for the period in excess of two | 66627 |
| hundred fifty thousand dollars on or before the fifteenth day of | 66628 |
| the second month following the end of that quarterly tax reporting | 66629 |
| period. | 66630 |
| (2) If a taxpayer's taxable gross receipts do not exceed two | 66631 |
| hundred fifty thousand dollars for any quarterly tax reporting | 66632 |
| period in the tax year, no tax is payable for that quarterly tax | 66633 |
| reporting period except as provided in division (B)(3) or (4) of | 66634 |
| this section. | 66635 |
| (3) Each taxpayer shall pay one hundred dollars on or before | 66636 |
| the fifteenth day of February following the end of each tax year, | 66637 |
| except as provided in division (B)(4) of this section. | 66638 |
| (4) If a person first becomes subject to the tax imposed | 66639 |
| under this chapter on or after January 1, 2006, the taxpayer shall | 66640 |
| pay one hundred dollars on or before the fifteenth day of the | 66641 |
| second month following the end of the first quarterly tax | 66642 |
| reporting period in which the person becomes subject to the tax, | 66643 |
| in addition to any amount payable under division (B)(1) of this | 66644 |
| section. If the person registers with the tax commissioner within | 66645 |
| the time prescribed in section 5751.04 of the Revised Code, the | 66646 |
| person shall pay fifty dollars, in lieu of one hundred dollars, in | 66647 |
| addition to any amount payable under division (B)(1) of this | 66648 |
| section. The payment required under division (B)(4) of this | 66649 |
| section is in lieu of the payment required under division (B)(3) | 66650 |
| of this section and applies only to the first tax year a person | 66651 |
| becomes subject to the tax imposed under this chapter. | 66652 |
| (C) For any quarterly tax reporting period for which a | 66653 |
| taxpayer is required to make a payment of tax under division (B) | 66654 |
| of this section, the taxpayer shall file a return for that period | 66655 |
| in the form and manner prescribed by the tax commissioner. The | 66656 |
| return shall include the taxpayer's taxable gross receipts for the | 66657 |
| quarterly tax reporting period and the amount of tax due for the | 66658 |
| period, as prescribed in division (B) of this section, and any | 66659 |
| other information the tax commissioner requires. | 66660 |
| (D) Each taxpayer that is required to file a return under | 66661 |
| division (C) of this section for any quarterly tax reporting | 66662 |
| period of the tax year shall file an annual report for that tax | 66663 |
| year with the tax commissioner on or before the fifteenth day of | 66664 |
| March of the following tax year. The annual report shall include | 66665 |
| the taxpayer's taxable gross receipts, the amount of tax due, and | 66666 |
| the amount of tax paid for each quarterly tax reporting period of | 66667 |
| the tax year, and any other information the tax commissioner | 66668 |
| requires. | 66669 |
| (E)(1) If a taxpayer's taxable gross receipts for a tax year | 66670 |
| exceed one million dollars, the taxpayer, on or before the | 66671 |
| fifteenth day of March following the end of the tax year, shall | 66672 |
| pay tax equal to the amount by which the taxpayer's taxable gross | 66673 |
| receipts in excess of one million dollars, multiplied by the | 66674 |
| applicable tax rate, exceeds the amount of tax paid in the tax | 66675 |
| year under division (B)(1) of this section, except as provided in | 66676 |
| division (F) of this section. The tax payable under division | 66677 |
| (D)(1) of this section is in addition to the amount payable under | 66678 |
| division (B)(3) or (4) of this section. | 66679 |
| (2) If a taxpayer's taxable gross receipts for a tax year do | 66680 |
| not exceed one million dollars, the taxpayer shall pay tax equal | 66681 |
| to one hundred dollars minus the amount paid for the tax year | 66682 |
| under division (B)(1) or (3) of this section. If the amount of tax | 66683 |
| the taxpayer paid for the tax year under those divisions exceeds | 66684 |
| one hundred dollars, the excess shall be refunded to the taxpayer | 66685 |
| or applied to the tax due for a subsequent tax year as provided in | 66686 |
| section 5751.08 of the Revised Code. | 66687 |
| (F) For tax years 2006, 2007, 2008, and 2009, the amount of | 66688 |
| tax payable on or before the fifteenth day of February following | 66689 |
| the end of the tax year shall be computed as follows: | 66690 |
| (1) For tax year 2006, six-tenths of one mill per dollar | 66691 |
| multiplied by one-fourth of the taxable gross receipts in excess | 66692 |
| of one million dollars, plus one and four-hundredths mills per | 66693 |
| dollar multiplied by three-fourths of taxable gross receipts in | 66694 |
| excess of one million dollars; | 66695 |
| (2) For tax year 2007, one and four-hundredths mills per | 66696 |
| dollar multiplied by one-fourth of the taxable gross receipts in | 66697 |
| excess of one million dollars, plus one and fifty-six-hundredths | 66698 |
| mills per dollar multiplied by three-fourths of taxable gross | 66699 |
| receipts in excess of one million dollars; | 66700 |
| (3) For tax year 2008, one and fifty-six-hundredths mills per | 66701 |
| dollar multiplied by one-fourth of the taxable gross receipts in | 66702 |
| excess of one million dollars, plus two and eight-hundredths mills | 66703 |
| per dollar multiplied by three-fourths of taxable gross receipts | 66704 |
| in excess of one million dollars; | 66705 |
| (4) For tax year 2009, two and eight-hundredths mills per | 66706 |
| dollar multiplied by one-fourth of the taxable gross receipts in | 66707 |
| excess of one million dollars, plus two and three-tenths mills per | 66708 |
| dollar multiplied by three-fourths of taxable gross receipts in | 66709 |
| excess of one million dollars. | 66710 |
| Sec. 5751.06. (A) Any taxpayer that fails to file a return | 66711 |
| or pay the full amount of the tax due within the period prescribed | 66712 |
| therefor under this chapter shall pay a penalty in an amount not | 66713 |
| exceeding the greater of fifty dollars or ten per cent of the tax | 66714 |
| required to be paid for the quarterly tax reporting period. | 66715 |
| (B)(1) If any additional tax is found to be due, the tax | 66716 |
| commissioner may impose an additional penalty of up to fifteen per | 66717 |
| cent on the additional tax found to be due. | 66718 |
| (2) Any delinquent payments of the tax made after a taxpayer | 66719 |
| is notified of an audit or a tax discrepancy by the commissioner | 66720 |
| is subject to the penalty imposed by division (B) of this section. | 66721 |
| If an assessment is issued under section 5751.10 of the Revised | 66722 |
| Code in connection with such delinquent payments, the payments | 66723 |
| shall be credited to the assessment. | 66724 |
| (C) If the tax commissioner notifies a person required to | 66725 |
| register under section 5751.05 of the Revised Code of such | 66726 |
| requirement and of the requirement to remit the tax due under this | 66727 |
| chapter, and the person fails to so register and remit the tax | 66728 |
| within sixty days after such notice, the tax commissioner may | 66729 |
| impose an additional penalty of up to thirty-five per cent of the | 66730 |
| tax due. The penalty imposed under this division is in addition to | 66731 |
| any other penalties imposed under this section. | 66732 |
| (D) The tax commissioner may collect any penalty or interest | 66733 |
| imposed by this section in the same manner as the tax imposed | 66734 |
| under this chapter. Penalties and interest so collected shall be | 66735 |
| considered as revenue arising from the tax imposed under this | 66736 |
| chapter. | 66737 |
| (E) The tax commissioner may abate all or a portion of any | 66738 |
| penalties imposed under this section and may adopt rules governing | 66739 |
| such abatements. | 66740 |
| (F) If any tax due is not timely paid in accordance with this | 66741 |
| chapter, the taxpayer shall pay interest, calculated at the rate | 66742 |
| per annum prescribed by section 5703.47 of the Revised Code, from | 66743 |
| the date the tax payment was due to the date of payment or to the | 66744 |
| date an assessment was issued, whichever occurs first. | 66745 |
| Sec. 5751.07. (A) Any person required to file returns for a | 66746 |
| quarterly tax reporting period shall remit each tax payment, and, | 66747 |
| if required by the tax commissioner, file the quarterly tax return | 66748 |
| or the annual report, electronically. The commissioner may require | 66749 |
| taxpayers to use the Ohio business gateway as defined in section | 66750 |
| 718.051 of the Revised Code to file returns or the annual report | 66751 |
| and remit the tax, or may provide another means for taxpayers to | 66752 |
| file and remit the tax electronically. | 66753 |
| (B) A person required by this section to remit taxes or file | 66754 |
| returns or the annual report electronically may apply to the tax | 66755 |
| commissioner, on the form prescribed by the commissioner, to be | 66756 |
| excused from that requirement. The commissioner may excuse a | 66757 |
| person from the requirements of this division for good cause. | 66758 |
| (C)(1) If a person required to remit taxes or file a return | 66759 |
| or annual report electronically under this section fails to do so, | 66760 |
| the commissioner may impose a penalty not to exceed the following: | 66761 |
| (a) For either of the first two quarterly tax reporting | 66762 |
| periods the person so fails, five per cent of the amount of the | 66763 |
| payment that was required to be remitted; | 66764 |
| (b) For the third and any subsequent quarterly tax reporting | 66765 |
| periods the person so fails, ten per cent of the amount of the | 66766 |
| payment that was required to be remitted. | 66767 |
| (2) The penalty imposed under division (C)(1) of this section | 66768 |
| is in addition to any other penalty imposed under this chapter and | 66769 |
| shall be considered as revenue arising from the tax imposed under | 66770 |
| this chapter. A penalty may be collected by assessment in the | 66771 |
| manner prescribed by section 5751.09 of the Revised Code. The tax | 66772 |
| commissioner may abate all or a portion of such a penalty. | 66773 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 66774 |
| of the amount of taxes imposed under this chapter that are | 66775 |
| overpaid, paid illegally or erroneously, or paid on any illegal or | 66776 |
| erroneous assessment shall be filed with the tax commissioner, on | 66777 |
| the form prescribed by the commissioner, within four years after | 66778 |
| the date of the illegal or erroneous payment of the tax. The | 66779 |
| applicant shall provide the amount of the requested refund along | 66780 |
| with the claimed reasons for, and documentation to support, the | 66781 |
| issuance of a refund. | 66782 |
| (B) On the filing of the refund application, the tax | 66783 |
| commissioner shall determine the amount of refund to which the | 66784 |
| applicant is entitled. If the amount is not less than that | 66785 |
| claimed, the commissioner shall certify the amount to the director | 66786 |
| of budget and management and treasurer of state for payment from | 66787 |
| the tax refund fund created under section 5703.052 of the Revised | 66788 |
| Code. If the amount is less than that claimed, the commissioner | 66789 |
| shall proceed in accordance with section 5703.70 of the Revised | 66790 |
| Code. | 66791 |
| (C) Interest on a refund applied for under this section, | 66792 |
| computed at the rate provided for in section 5703.47 of the | 66793 |
| Revised Code, shall be allowed from the later of the date the tax | 66794 |
| was paid or when the tax payment was due. | 66795 |
| (D) No person with an active registration as a taxpayer under | 66796 |
| this chapter may claim a refund under this section for the tax | 66797 |
| imposed under division (B)(3) or (4) of section 5751.03 of the | 66798 |
| Revised Code unless the person cancelled the registration before | 66799 |
| the tenth day of February of the current calendar year pursuant to | 66800 |
| division (C) of section 5751.04 of the Revised Code. | 66801 |
| (E) Except as provided in section 5751.091 of the Revised | 66802 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 66803 |
| provide for the crediting against tax due for a tax year the | 66804 |
| amount of any refund due the taxpayer under this chapter for a | 66805 |
| preceding tax year. | 66806 |
| Sec. 5751.081. As used in this section, "debt to this state" | 66807 |
| means unpaid taxes due the state, unpaid workers' compensation | 66808 |
| premiums due under section 4123.35 of the Revised Code, unpaid | 66809 |
| unemployment compensation contributions due under section 4141.25 | 66810 |
| of the Revised Code, unpaid unemployment compensation payment in | 66811 |
| lieu of contribution under section 4141.241 of the Revised Code, | 66812 |
| unpaid fee payable to the state or to the clerk of courts pursuant | 66813 |
| to section 4505.06 of the Revised Code, incorrect medical | 66814 |
| assistance payments under section 5111.02 of the Revised Code, or | 66815 |
| any unpaid charge, penalty, or interest arising from any of the | 66816 |
| foregoing. | 66817 |
| If a taxpayer entitled to a refund under section 5751.08 of | 66818 |
| the Revised Code owes any debt to this state, the amount | 66819 |
| refundable may be applied in satisfaction of the debt. If the | 66820 |
| amount refundable is less than the amount of the debt, it may be | 66821 |
| applied in partial satisfaction of the debt. If the amount | 66822 |
| refundable is greater than the amount of the debt, the amount | 66823 |
| remaining after satisfaction of the debt shall be refunded. This | 66824 |
| section applies only to debts that have become final. For the | 66825 |
| purposes of this section, a debt becomes final when, under the | 66826 |
| applicable law, any time provided for petition for reassessment, | 66827 |
| request for reconsideration, or other appeal of the legality or | 66828 |
| validity of the amount giving rise to the debt expires without an | 66829 |
| appeal having been filed in the manner provided by law. | 66830 |
| Sec. 5751.09. (A) The tax commissioner may make an | 66831 |
| assessment, based on any information in the commissioner's | 66832 |
| possession, against any person that fails to file a return report | 66833 |
| or pay any tax as required by this chapter. The commissioner shall | 66834 |
| give the person assessed written notice of the assessment as | 66835 |
| provided in section 5703.37 of the Revised Code. With the notice, | 66836 |
| the commissioner shall provide instructions on the manner in which | 66837 |
| to petition for reassessment and request a hearing with respect to | 66838 |
| the petition. | 66839 |
| (B) Unless the person assessed, within sixty days after | 66840 |
| service of the notice of assessment, files with the tax | 66841 |
| commissioner, either personally or by certified mail, a written | 66842 |
| petition signed by the person or the person's authorized agent | 66843 |
| having knowledge of the facts, the assessment becomes final, and | 66844 |
| the amount of the assessment is due and payable from the person | 66845 |
| assessed to the treasurer of state. The petition shall indicate | 66846 |
| the objections of the person assessed, but additional objections | 66847 |
| may be raised in writing if received by the commissioner prior to | 66848 |
| the date shown on the final determination. | 66849 |
| If a petition for reassessment has been properly filed, the | 66850 |
| commissioner shall proceed under section 5703.60 of the Revised | 66851 |
| Code. | 66852 |
| (C)(1) After an assessment becomes final, if any portion of | 66853 |
| the assessment, including accrued interest, remains unpaid, a | 66854 |
| certified copy of the tax commissioner's entry making the | 66855 |
| assessment final may be filed in the office of the clerk of the | 66856 |
| court of common pleas in the county in which the person resides or | 66857 |
| has its principal place of business in this state, or in the | 66858 |
| office of the clerk of court of common pleas of Franklin county. | 66859 |
| (2) Immediately upon the filing of the entry, the clerk shall | 66860 |
| enter judgment for the state against the person assessed in the | 66861 |
| amount shown on the entry. The judgment may be filed by the clerk | 66862 |
| in a loose-leaf book entitled, "special judgments for the | 66863 |
| commercial activity tax" and shall have the same effect as other | 66864 |
| judgments. Execution shall issue upon the judgment at the request | 66865 |
| of the tax commissioner, and all laws applicable to sales on | 66866 |
| execution shall apply to sales made under the judgment. | 66867 |
| (3) The portion of the assessment not paid within sixty days | 66868 |
| after the day the assessment was issued shall bear interest at the | 66869 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 66870 |
| from the day the tax commissioner issues the assessment until it | 66871 |
| is paid. Interest shall be paid in the same manner as the tax and | 66872 |
| may be collected by the issuance of an assessment under this | 66873 |
| section. | 66874 |
| (D) If the tax commissioner believes that collection of the | 66875 |
| tax will be jeopardized unless proceedings to collect or secure | 66876 |
| collection of the tax are instituted without delay, the | 66877 |
| commissioner may issue a jeopardy assessment against the person | 66878 |
| liable for the tax. Immediately upon the issuance of the jeopardy | 66879 |
| assessment, the commissioner shall file an entry with the clerk of | 66880 |
| the court of common pleas in the manner prescribed by division (C) | 66881 |
| of this section. Notice of the jeopardy assessment shall be served | 66882 |
| on the person assessed or the person's authorized agent in the | 66883 |
| manner provided in section 5703.37 of the Revised Code within five | 66884 |
| days of the filing of the entry with the clerk. The total amount | 66885 |
| assessed is immediately due and payable, unless the person | 66886 |
| assessed files a petition for reassessment in accordance with | 66887 |
| division (B) of this section and provides security in a form | 66888 |
| satisfactory to the commissioner and in an amount sufficient to | 66889 |
| satisfy the unpaid balance of the assessment. Full or partial | 66890 |
| payment of the assessment does not prejudice the commissioner's | 66891 |
| consideration of the petition for reassessment. | 66892 |
| (E) The tax commissioner shall immediately forward to the | 66893 |
| treasurer of state all amounts the commissioner receives under | 66894 |
| this section, and such amounts shall be considered as revenue | 66895 |
| arising from the tax imposed under this chapter. | 66896 |
| (F) Except as otherwise provided in this division, no | 66897 |
| assessment shall be made or issued against a taxpayer for the tax | 66898 |
| imposed under this chapter more than four years after the due date | 66899 |
| for the filing of the annual report for the tax year for which the | 66900 |
| tax was reported, or more than four years after the annual report | 66901 |
| for the tax year was filed, whichever is later. Nothing in this | 66902 |
| division bars an assessment against a taxpayer that fails to file | 66903 |
| a return or report required by this chapter or that files a | 66904 |
| fraudulent return or report. | 66905 |
| (G) If the tax commissioner possesses information that | 66906 |
| indicates that the amount of tax a taxpayer is required to pay | 66907 |
| under this chapter exceeds the amount the taxpayer paid, the tax | 66908 |
| commissioner may audit a sample of the taxpayer's sales or | 66909 |
| receipts over a representative period of time to ascertain the | 66910 |
| amount of tax due, and may issue an assessment based on the audit. | 66911 |
| The tax commissioner shall make a good faith effort to reach | 66912 |
| agreement with the taxpayer in selecting a representative sample. | 66913 |
| The tax commissioner may apply a sampling method only if the | 66914 |
| commissioner has prescribed the method by rule adopted under | 66915 |
| Chapter 119. of the Revised Code. | 66916 |
| (H) If the whereabouts of a person subject to this chapter is | 66917 |
| not known to the tax commissioner, the secretary of state is | 66918 |
| hereby deemed to be that person's agent for purposes of service of | 66919 |
| process of notice of any assessment, action, or proceedings | 66920 |
| instituted in this state against the person under this chapter. | 66921 |
| Such process or notice shall be served on such person by the | 66922 |
| commissioner or by one of the commissioner's agents by leaving at | 66923 |
| the office of the secretary of state, at least fifteen days before | 66924 |
| the return day of such process or notice, a true and attested copy | 66925 |
| of the notice, and by sending to such person by ordinary mail, | 66926 |
| with an endorsement thereon of the service upon the secretary of | 66927 |
| state, addressed to such person at the person's last known | 66928 |
| address. | 66929 |
| Sec. 5751.10. If any person liable for the tax imposed under | 66930 |
| this chapter sells the trade or business, disposes in any manner | 66931 |
| other than in the regular course of business at least seventy-five | 66932 |
| per cent of assets of the trade or business, or quits the trade or | 66933 |
| business, any tax owed by such person shall become due and payable | 66934 |
| immediately, and the person shall pay the tax under this section, | 66935 |
| including any applicable penalties and interest, within fifteen | 66936 |
| days after the date of selling or quitting the trade or business. | 66937 |
| The person's successor shall withhold a sufficient amount of the | 66938 |
| purchase money to cover the amount due and unpaid until the former | 66939 |
| owner produces a receipt from the tax commissioner showing that | 66940 |
| the amounts are paid or a certificate indicating that no taxes are | 66941 |
| due. If a purchaser fails to withhold purchase money, that person | 66942 |
| is personally liable up to the purchase money amount, for such | 66943 |
| amounts that are unpaid during the operation of the business by | 66944 |
| the former owner. | 66945 |
| The tax commissioner may adopt rules regarding the issuance | 66946 |
| of certificates under this section, including the waiver of the | 66947 |
| need for a certificate if certain criteria are met. | 66948 |
| Sec. 5751.11. If any person subject to this chapter fails to | 66949 |
| report or pay the tax as required under this chapter, or fails to | 66950 |
| pay any penalty imposed under this chapter within ninety days | 66951 |
| after the time prescribed for payment of the penalty, the attorney | 66952 |
| general, on the request of the tax commissioner, shall commence an | 66953 |
| action in quo warranto in the court of appeals of the county in | 66954 |
| which the person has its principal place of business to forfeit | 66955 |
| and annul its privileges or franchise within this state. If the | 66956 |
| court finds that the person is in default for the amount claimed, | 66957 |
| it shall render judgment revoking the person's privileges or | 66958 |
| franchise within this state and shall otherwise proceed as | 66959 |
| provided in Chapter 2733. of the Revised Code. | 66960 |
| Sec. 5751.12. The tax commissioner may prescribe | 66961 |
| requirements for the keeping of records and other pertinent | 66962 |
| documents, the filing of copies of federal income tax returns and | 66963 |
| determinations, and computations reconciling federal income tax | 66964 |
| returns with the returns and reports required by section 5751.05 | 66965 |
| of the Revised Code. The commissioner may require any person, by | 66966 |
| rule or notice served on that person, to keep those records that | 66967 |
| the commissioner considers necessary to show whether, and the | 66968 |
| extent to which, a person is subject to this chapter. Those | 66969 |
| records and other documents shall be open during business hours to | 66970 |
| the inspection of the commissioner, and shall be preserved for a | 66971 |
| period of four years unless the commissioner, in writing, consents | 66972 |
| to their destruction within that period, or by order requires that | 66973 |
| they be kept longer. If such records are normally kept by the | 66974 |
| person electronically, the person shall provide such records to | 66975 |
| the commissioner electronically at the commissioner's request. | 66976 |
| Any information required by the tax commissioner under this | 66977 |
| chapter is confidential as provided for in section 5703.21 of the | 66978 |
| Revised Code. However, the commissioner shall make public an | 66979 |
| electronic list of all actively registered persons required to | 66980 |
| remit the tax under this chapter, including legal names, trade | 66981 |
| names, addresses, and account numbers. In addition, such list | 66982 |
| shall include all persons that cancelled their registration at any | 66983 |
| time during the preceding four calendar years, including the date | 66984 |
| the registration was cancelled. | 66985 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 66986 |
| the Revised Code: | 66987 |
| (1) "School district," "joint vocational school district," | 66988 |
| "local taxing unit," "state education aid," "recognized | 66989 |
| valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 66990 |
| meanings as used in section 5727.84 of the Revised Code. | 66991 |
| (2) "State education aid offset" means the amount determined | 66992 |
| for each school district or joint vocational school district under | 66993 |
| division (A)(1) of section 5751.21 of the Revised Code. | 66994 |
| (3) "Machinery and equipment property tax value loss" means | 66995 |
| the amount determined under division (C)(1) of this section. | 66996 |
| (4) "Inventory property tax value loss" means the amount | 66997 |
| determined under division (C)(2) of this section. | 66998 |
| (5) "Furniture and fixtures property tax value loss" means | 66999 |
| the amount determined under division (C)(3) of this section. | 67000 |
| (6) "Machinery and equipment fixed-rate levy loss" means the | 67001 |
| amount determined under division (D)(1) of this section. | 67002 |
| (7) "Inventory fixed-rate levy loss" means the amount | 67003 |
| determined under division (D)(2) of this section. | 67004 |
| (8) "Furniture and fixtures fixed-rate levy loss" means the | 67005 |
| amount determined under division (D)(3) of this section. | 67006 |
| (9) "Fixed-sum levy loss" means the amount determined under | 67007 |
| division (E) of this section. | 67008 |
| (10) "Machinery and equipment" means personal property | 67009 |
| subject to the assessment rate specified in division (F) of | 67010 |
| section 5711.22 of the Revised Code. | 67011 |
| (11) "Inventory" means personal property subject to the | 67012 |
| assessment rate specified in division (E) of section 5711.22 of | 67013 |
| the Revised Code. | 67014 |
| (12) "Furniture and fixtures" means personal property subject | 67015 |
| to the assessment rate specified in division (G) of section | 67016 |
| 5711.22 of the Revised Code. | 67017 |
| (B) The commercial activities tax receipts fund is hereby | 67018 |
| created in the state treasury and shall consist of money arising | 67019 |
| from the tax imposed under this chapter. All money in that fund | 67020 |
| shall be credited for each fiscal year in the following | 67021 |
| percentages to the general revenue fund, to the school district | 67022 |
| tangible property tax replacement fund, which is hereby created in | 67023 |
| the state treasury for the purpose of making the payments | 67024 |
| described in section 5751.21 of the Revised Code, and to the local | 67025 |
| government tangible property tax replacement fund, which is hereby | 67026 |
| created in the state treasury for the purpose of making the | 67027 |
| payments described in section 5751.22 of the Revised Code, in the | 67028 |
| following percentages: | 67029 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 67030 | |
| 2006 | 83% | 11.9% | 5.1% | 67031 | |
| 2007 | 37.3% | 43.9% | 18.8% | 67032 | |
| 2008 | 27.7% | 50.6% | 21.7% | 67033 | |
| 2009 | 36.3% | 44.6% | 19.1% | 67034 | |
| 2010 | 41.8% | 40.7% | 17.5% | 67035 | |
| 2011 | 36.8% | 44.2% | 19.0% | 67036 | |
| 2012 | 40.0% | 44.2% | 15.8% | 67037 | |
| 2013 | 43.0% | 44.2% | 12.8% | 67038 | |
| 2014 | 45.7% | 44.2% | 10.1% | 67039 | |
| 2015 | 48.2% | 44.2% | 7.6% | 67040 | |
| 2016 | 50.6% | 44.2% | 5.2% | 67041 | |
| 2017 | 52.8% | 44.2% | 3.0% | 67042 | |
| 2018 | 54.8% | 44.2% | 1.0% | 67043 | |
| 2019 and thereafter | 100% | 0% | 0% | 67044 |
| (C) Not later than September 15, 2005, the tax commissioner | 67045 |
| shall determine for each taxing district its machinery and | 67046 |
| equipment, inventory property, and furniture and fixtures property | 67047 |
| tax value losses, which are the applicable amounts described in | 67048 |
| divisions (C)(1), (2), and (3) of this section: | 67049 |
| (1) Machinery and equipment property tax value loss is the | 67050 |
| taxable value of machinery and equipment property as reported by | 67051 |
| taxpayers for tax year 2004; | 67052 |
| (2) Inventory property tax value loss is the taxable value of | 67053 |
| inventory property as reported by taxpayers for tax year 2004 | 67054 |
| multiplied by eight hundred twenty-six one-thousandths; | 67055 |
| (3) Furniture and fixtures property tax value loss is the | 67056 |
| taxable value of furniture and fixture property as reported by | 67057 |
| taxpayers for tax year 2004. | 67058 |
| To facilitate the calculations required under division (C) of | 67059 |
| this section, the county auditor, upon request from the tax | 67060 |
| commissioner, shall provide by August 1, 2005, the values of | 67061 |
| machinery and equipment, inventory, and furniture and fixtures for | 67062 |
| all single-county personal property taxpayers for tax year 2004. | 67063 |
| (D) Not later than September 15, 2005, the tax commissioner | 67064 |
| shall determine for each school district, joint vocational school | 67065 |
| district, and local taxing unit its machinery and equipment, | 67066 |
| inventory, and furniture and fixtures fixed-rate levy losses, | 67067 |
| which are the applicable amounts described in divisions (D)(1), | 67068 |
| (2), and (3) of this section: | 67069 |
| (1) The machinery and equipment fixed-rate levy loss is the | 67070 |
| machinery and equipment property tax value loss multiplied by the | 67071 |
| sum of the tax rates in effect in tax year 2004 for fixed-rate | 67072 |
| levies and the tax rates for fixed-rate levies applicable to tax | 67073 |
| year 2005 and approved at an election conducted before September | 67074 |
| 1, 2005; | 67075 |
| (2) The inventory fixed-rate loss is the inventory property | 67076 |
| tax value loss multiplied by the sum of the tax rates in effect in | 67077 |
| tax year 2004 for fixed-rate levies and the tax rates for | 67078 |
| fixed-rate levies applicable to tax year 2005 and approved at an | 67079 |
| election conducted before September 1, 2005; | 67080 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 67081 |
| furniture and fixture property tax value loss multiplied by the | 67082 |
| sum of the tax rates in effect in tax year 2004 for fixed-rate | 67083 |
| levies and the tax rates for fixed-rate levies applicable to tax | 67084 |
| year 2005 and approved at an election conducted before September | 67085 |
| 1, 2005. | 67086 |
| (E) As used in division (E) of this section, "qualifying | 67087 |
| levies" are fixed-sum levies, including fixed-sum school district | 67088 |
| emergency levies, in effect for tax year 2004 or applicable for | 67089 |
| tax year 2005 and approved at an election conducted before | 67090 |
| September 1, 2005. | 67091 |
| Not later than September 15, 2005, the tax commissioner shall | 67092 |
| determine for each school district, joint vocational school | 67093 |
| district, and local taxing unit its fixed-sum levy loss. The | 67094 |
| fixed-sum levy loss is the amount obtained by subtracting the | 67095 |
| amount described in division (E)(2) of this section from the | 67096 |
| amount described in division (E)(1) of this section: | 67097 |
| (1) The sum of the machinery and equipment property tax value | 67098 |
| loss, the inventory property tax value loss, and the furniture and | 67099 |
| fixtures property tax value loss multiplied by the sum of the | 67100 |
| fixed-sum tax rates in effect in tax year 2004 and the estimated | 67101 |
| fixed-sum tax rates for levies applicable to tax year 2005 and | 67102 |
| approved at an election conducted before September 1, 2005. For | 67103 |
| 2006 through 2010, this computation shall include all qualifying | 67104 |
| levies remaining in effect for the current tax year and any school | 67105 |
| district emergency levies that are qualifying levies not remaining | 67106 |
| in effect for the current year. For 2011 through 2017, this | 67107 |
| computation shall include only qualifying levies remaining in | 67108 |
| effect for the current year. For purposes of this computation, a | 67109 |
| qualifying school district emergency levy remains in effect in a | 67110 |
| year after 2010 only if, for that year, the board of education | 67111 |
| levies a school district emergency levy for an annual sum at least | 67112 |
| equal to the annual sum levied by the board in tax year 2004 less | 67113 |
| the amount of the payment certified under this division for 2006. | 67114 |
| (2) The total taxable value in tax year 2004 less the sum of | 67115 |
| the machinery and equipment, inventory, and furniture and fixtures | 67116 |
| property tax value losses in each school district, joint | 67117 |
| vocational school district, and local taxing unit multiplied by | 67118 |
| one-half of one mill per dollar. | 67119 |
| To facilitate the calculation of the fixed-sum levy loss, not | 67120 |
| later than September 1, 2005, any school district or joint | 67121 |
| vocational school district in which a fixed-sum levy applicable to | 67122 |
| tax year 2005 and approved at an election conducted before | 67123 |
| September 1, 2005, shall notify the commissioner in writing of the | 67124 |
| estimated rate at which any such levies would be applied in the | 67125 |
| first year the levies are applicable. | 67126 |
| If the amount determined under division (E) of this section | 67127 |
| for any school district, joint vocational school district, or | 67128 |
| local taxing unit is greater than zero, that amount shall equal | 67129 |
| the reimbursement pursuant to division (D) of section 5751.21 or | 67130 |
| division (A)(2) of section 5751.22 of the Revised Code, and the | 67131 |
| one-half of one mill that is subtracted under division (E)(2) of | 67132 |
| this section shall be apportioned among all contributing fixed-sum | 67133 |
| levies in the proportion of each levy to the sum of all fixed-sum | 67134 |
| levies within each school district, joint vocational school | 67135 |
| district, or local taxing unit. | 67136 |
| (F) Not later than October 1, 2005, the tax commissioner | 67137 |
| shall certify to the department of education for every school | 67138 |
| district and joint vocational school district the machinery and | 67139 |
| equipment, inventory, and furniture and fixtures property tax | 67140 |
| value losses determined under division (C) of this section, the | 67141 |
| machinery and equipment, inventory, and furniture and fixtures | 67142 |
| property fixed-rate levy losses determined under division (D) of | 67143 |
| this section, and the fixed-sum levy losses calculated under | 67144 |
| division (E) of this section. The calculations under divisions (D) | 67145 |
| and (E) of this section shall separately display the levy loss for | 67146 |
| each levy eligible for reimbursement. | 67147 |
| (G) Not later than October 1, 2005, the tax commissioner | 67148 |
| shall certify the amount of the fixed-sum levy losses to the | 67149 |
| county auditor of each county in which a school district, joint | 67150 |
| vocational school district, or local taxing unit with a fixed-sum | 67151 |
| levy loss reimbursement has territory. | 67152 |
| Sec. 5751.21. (A) Not later than the thirty-first day of | 67153 |
| July of 2007 through 2017, the department of education shall | 67154 |
| determine the following for each school district and each joint | 67155 |
| vocational school district eligible for payment under division (B) | 67156 |
| of this section: | 67157 |
| (1) The state education aid offset, which is the difference | 67158 |
| obtained by subtracting the amount described in division (A)(1)(b) | 67159 |
| of this section from the amount described in division (A)(1)(a) of | 67160 |
| this section: | 67161 |
| (a) The state education aid computed for the school district | 67162 |
| or joint vocational school district for the current fiscal year as | 67163 |
| of the thirty-first day of July; | 67164 |
| (b) The state education aid that would be computed for the | 67165 |
| school district or joint vocational school district for the | 67166 |
| current fiscal year as of the thirty-first day of July if the | 67167 |
| recognized valuation included the machinery and equipment, | 67168 |
| inventory, and furniture and fixtures property tax value losses | 67169 |
| for the school district or joint vocational school district, | 67170 |
| except that the amount of machinery and equipment property tax | 67171 |
| value loss to be added to recognized value for fiscal year 2008 | 67172 |
| shall be fifty per cent of the machinery and equipment tax value | 67173 |
| loss computed under division (C) of this section, and the amount | 67174 |
| of inventory tax value loss and furniture and fixtures property | 67175 |
| tax value loss to be added to recognized value shall be the | 67176 |
| following percentage of the inventory property tax value loss and | 67177 |
| furniture and fixtures property tax value loss computed under | 67178 |
| division (C) of this section: | 67179 |
| (i) For fiscal year 2008, zero per cent in the case of | 67180 |
| inventory property tax value loss and twenty per cent in the case | 67181 |
| of furniture and fixtures tax value loss; | 67182 |
| (ii) For fiscal year 2009, zero per cent in the case of | 67183 |
| inventory property tax value loss and forty per cent in the case | 67184 |
| of furniture and fixtures property tax value loss; | 67185 |
| (iii) For fiscal year 2010, twenty-six and three-tenths per | 67186 |
| cent in the case of inventory property tax value loss and sixty | 67187 |
| per cent in the case of furniture and fixtures tax value loss; | 67188 |
| (iv) For fiscal year 2011, fifty-two and six-tenths per cent | 67189 |
| in the case of inventory property tax value loss and eighty per | 67190 |
| cent in the case of furniture and fixtures property tax value | 67191 |
| loss; | 67192 |
| (v) For fiscal years after 2011, seventy-eight and | 67193 |
| nine-tenths per cent in the case of inventory property tax value | 67194 |
| loss and one hundred per cent in the case of furniture and | 67195 |
| fixtures property tax value loss. | 67196 |
| (2) The greater of zero or the difference obtained by | 67197 |
| subtracting the state education aid offset determined under | 67198 |
| division (A)(1) of this section from the sum of the machinery and | 67199 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 67200 |
| loss, and furniture and fixtures fixed-rate levy loss certified | 67201 |
| under division (F) of section 5751.20 of the Revised Code for all | 67202 |
| taxing districts in each school district and joint vocational | 67203 |
| school district. | 67204 |
| By the fifth day of August of each such year, the department | 67205 |
| of education shall certify the amount so determined under division | 67206 |
| (A)(1) of this section to the director of budget and management. | 67207 |
| (B) The department of education shall pay from the school | 67208 |
| district tangible property tax replacement fund to each school | 67209 |
| district and joint vocational school district all of the | 67210 |
| following: | 67211 |
| (1) On or before May 31, 2006, one-twelfth of the machinery | 67212 |
| and equipment fixed-rate levy loss plus one-thirtieth of the | 67213 |
| furniture and fixtures fixed-rate levy loss certified under | 67214 |
| division (F) of section 5751.20 of the Revised Code; | 67215 |
| (2) On or before August 31, 2006, November 30, 2006, and | 67216 |
| February 28, 2007, one-seventh of the machinery and equipment | 67217 |
| fixed-rate levy loss plus two-thirty-fifths of the furniture and | 67218 |
| fixtures fixed-rate levy loss certified under that division; | 67219 |
| (3) On or before May 31, 2007, one-sixth of the machinery and | 67220 |
| equipment fixed-rate levy loss plus one-fifteenth of the furniture | 67221 |
| and fixtures fixed-rate levy loss certified under that division; | 67222 |
| (4) On or before August 31, 2007, November 30, 2007, and | 67223 |
| February 29, 2008, one-fourth of the amount determined under | 67224 |
| division (A)(2) of this section; | 67225 |
| (5) On or before May 31, 2008, the sum of one-fourth of the | 67226 |
| amount determined under division (A)(2) of this section and | 67227 |
| forty-four one-thousandths of the inventory fixed-rate levy loss | 67228 |
| certified under division (F) of section 5751.20 of the Revised | 67229 |
| Code; | 67230 |
| (6) On or before August 31, 2008, November 30, 2008, and | 67231 |
| February 28, 2009, the sum of: one-fourth of the amount determined | 67232 |
| by subtracting the amount determined under division (A)(1) of this | 67233 |
| section from the sum of the amount determined under division | 67234 |
| (D)(1) plus three-fifths of the amount determined under division | 67235 |
| (D)(3) of section 5751.20 of the Revised Code, but not less than | 67236 |
| zero; plus seventy-three one-thousandths of the inventory fixed | 67237 |
| rate levy loss certified under division (F) of section 5751.20 of | 67238 |
| the Revised Code; | 67239 |
| (7) On or before May 31, 2009, the sum of: one-fourth of the | 67240 |
| amount determined by subtracting the amount determined under | 67241 |
| division (A)(1) of this section from the sum of the amount | 67242 |
| determined under division (D)(1) plus four-fifths of the amount | 67243 |
| determined under division (D)(3) of section 5751.20 of the Revised | 67244 |
| Code, but not less than zero; plus eighty-eight one-thousandths of | 67245 |
| the inventory fixed-rate levy loss certified under division (F) of | 67246 |
| section 5751.20 of the Revised Code; | 67247 |
| (8) On or before August 31, 2009, November 30, 2009, and | 67248 |
| February 28, 2010, the sum of: one-fourth of the amount determined | 67249 |
| by subtracting the amount determined under division (A)(1) of this | 67250 |
| section from the sum of the amount determined under division | 67251 |
| (D)(1) plus four-fifths of the amount determined under division | 67252 |
| (D)(3) of section 5751.20 of the Revised Code, but not less than | 67253 |
| zero; plus one hundred forty-six one-thousandths of the inventory | 67254 |
| fixed-rate levy loss certified under division (F) of section | 67255 |
| 5751.20 of the Revised Code; | 67256 |
| (9) On or before May 31, 2010, the sum of one-fourth of the | 67257 |
| amount determined by subtracting the amount determined under | 67258 |
| division (A)(1) of this section from the sum of the amounts | 67259 |
| determined under divisions (D)(1) and (3) of section 5751.20 of | 67260 |
| the Revised Code, but not less than zero, and one hundred | 67261 |
| thirty-two one-thousandths of the inventory fixed-rate levy loss | 67262 |
| certified under division (F) of section 5751.20 of the Revised | 67263 |
| Code; | 67264 |
| (10) On or before August 31, 2010, November 30, 2010, and | 67265 |
| February 28, 2011, the sum of one-fourth of the amount determined | 67266 |
| by subtracting the amount determined under division (A)(1) of this | 67267 |
| section from the sum of the amounts determined under divisions | 67268 |
| (D)(1) and (3) of section 5751.20 of the Revised Code, but not | 67269 |
| less than zero, and two hundred nineteen one-thousandths of the | 67270 |
| inventory fixed-rate levy loss certified under division (F) of | 67271 |
| section 5751.20 of the Revised Code; | 67272 |
| (11) On or before May 31, 2011, the sum of one-fourth of the | 67273 |
| amount determined by subtracting the amount determined under | 67274 |
| division (A)(1) of this section from the sum of the amounts | 67275 |
| determined under divisions (D)(1) and (3) of section 5751.20 of | 67276 |
| the Revised Code, but not less than zero, and one hundred fourteen | 67277 |
| one-thousandths of the inventory fixed-rate levy loss certified | 67278 |
| under division (F) of section 5751.20 of the Revised Code; | 67279 |
| (12) On or before August 31, 2011, November 30, 2011, | 67280 |
| February 29, 2012, and May 31, 2012, two hundred seventeen | 67281 |
| one-thousandths of the amount determined under division (A)(2) of | 67282 |
| this section; | 67283 |
| (13) On or before August 31, 2012, November 30, 2012, | 67284 |
| February 28, 2013, and May 31, 2013, one hundred eighty-three | 67285 |
| one-thousandths of the amount determined under division (A)(2) of | 67286 |
| this section; | 67287 |
| (14) On or before August 31, 2013, November 30, 2013, | 67288 |
| February 28, 2014, and May 31, 2014, one hundred fifty | 67289 |
| one-thousandths of the amount determined under division (A)(2) of | 67290 |
| this section; | 67291 |
| (15) On or before August 31, 2014, November 30, 2014, | 67292 |
| February 28, 2015, and May 31, 2015, one hundred seventeen | 67293 |
| one-thousandths of the amount determined in division (A)(2) of | 67294 |
| this section; | 67295 |
| (16) On or before August 31, 2015, November 30, 2015, | 67296 |
| February 29, 2016, and May 31, 2016, eighty-three one-thousandths | 67297 |
| of the amount determined under division (A)(2) of this section; | 67298 |
| (17) On or before August 31, 2016, November 30, 2016, | 67299 |
| February 28, 2017, and May 31, 2017, fifty one-thousandths of the | 67300 |
| amount determined under division (A)(2) of this section; | 67301 |
| (18) On or before August 31, 2017, November 30, 2017, | 67302 |
| February 28, 2018, and May 31, 2018, seventeen one-thousandths of | 67303 |
| the amount determined in division (A)(2) of this section; | 67304 |
| (19) After May 31, 2018, no payments shall be made under this | 67305 |
| section. | 67306 |
| The department of education shall report to each school | 67307 |
| district and joint vocational school district the apportionment of | 67308 |
| the payments among the school district's or joint vocational | 67309 |
| school district's funds based on the certifications under division | 67310 |
| (F) of section 5751.20 of the Revised Code. | 67311 |
| (C) For taxes levied within the ten-mill limitation for debt | 67312 |
| purposes in tax year 2005, payments shall be made equal to one | 67313 |
| hundred per cent of the loss computed as if the tax were a | 67314 |
| fixed-rate levy, but those payments shall extend from fiscal year | 67315 |
| 2006 through fiscal year 2018. | 67316 |
| (D)(1) Not later than January 1, 2006, for each fixed-sum | 67317 |
| levy of each school district or joint vocational school district | 67318 |
| and for each year for which a determination is made under division | 67319 |
| (F) of section 5751.20 of the Revised Code that a fixed-sum levy | 67320 |
| loss is to be reimbursed, the tax commissioner shall certify to | 67321 |
| the department of education the fixed-sum levy loss determined | 67322 |
| under that division. The certification shall cover a time period | 67323 |
| sufficient to include all fixed-sum levies for which the | 67324 |
| commissioner made such a determination. The department shall pay | 67325 |
| from the school district property tax replacement fund to the | 67326 |
| school district or joint vocational school district one-fourth of | 67327 |
| the fixed-sum levy loss so certified for each year on or before | 67328 |
| the last day of May, August, and November of the current year and | 67329 |
| of February of the following year. | 67330 |
| (2) Beginning in 2006, by the first day of January of each | 67331 |
| year, the tax commissioner shall review the certification | 67332 |
| originally made under division (D)(1) of this section. If the | 67333 |
| commissioner determines that a debt levy that had been scheduled | 67334 |
| to be reimbursed in the current year has expired, a revised | 67335 |
| certification for that and all subsequent years shall be made to | 67336 |
| the department of education. | 67337 |
| (E) Beginning in September 2007 and through June 2018, the | 67338 |
| director of budget and management shall transfer from the school | 67339 |
| district tangible property tax replacement fund to the general | 67340 |
| revenue fund each of the following: | 67341 |
| (1) On the first day of September, the lesser of one-fourth | 67342 |
| of the amount certified for that fiscal year under division (A)(2) | 67343 |
| of this section or the balance in the school district tangible | 67344 |
| property tax replacement fund; | 67345 |
| (2) On the first day of December, the lesser of one-fourth of | 67346 |
| the amount certified for that fiscal year under division (A)(2) of | 67347 |
| this section or the balance in the school district tangible | 67348 |
| property tax replacement fund; | 67349 |
| (3) On the first day of March, the lesser of one-fourth of | 67350 |
| the amount certified for that fiscal year under division (A)(2) of | 67351 |
| this section or the balance in the school district tangible | 67352 |
| property tax replacement fund; | 67353 |
| (4) On the first day of June, the lesser of one-fourth of the | 67354 |
| amount certified for that fiscal year under division (A)(2) of | 67355 |
| this section or the balance in the school district tangible | 67356 |
| property tax replacement fund. | 67357 |
| (F) For each of the fiscal years 2006 through 2018, if the | 67358 |
| total amount in the school district tangible property tax | 67359 |
| replacement fund is insufficient to make all payments under | 67360 |
| divisions (B), (C), or (D) of this section at the times the | 67361 |
| payments are to be made, the director of budget and management | 67362 |
| shall transfer from the general revenue fund to the school | 67363 |
| district tangible property tax replacement fund the difference | 67364 |
| between the total amount to be paid and the amount in the school | 67365 |
| district tangible property tax replacement fund. For each fiscal | 67366 |
| year after 2018, at the time payments under division (D) of this | 67367 |
| section are to be made, the director of budget and management | 67368 |
| shall transfer from the general revenue fund to the school | 67369 |
| district property tax replacement fund the amount necessary to | 67370 |
| make such payments. | 67371 |
| (G) On the fifteenth day of June of 2006 through 2011, the | 67372 |
| director of budget and management may transfer any balance in the | 67373 |
| school district tangible property tax replacement fund to the | 67374 |
| general revenue fund. At the end of fiscal years 2012 through | 67375 |
| 2018, any balance in the school district tangible property tax | 67376 |
| replacement fund shall remain in the fund to be used in future | 67377 |
| fiscal years for school purposes. | 67378 |
| (H) If all of the territory of a school district or joint | 67379 |
| vocational school district is merged with another district, or if | 67380 |
| a part of the territory of a school district or joint vocational | 67381 |
| school district is transferred to an existing or newly created | 67382 |
| district, the department of education, in consultation with the | 67383 |
| tax commissioner, shall adjust the payments made under this | 67384 |
| section as follows: | 67385 |
| (1) For a merger of two or more districts, the machinery and | 67386 |
| equipment, inventory, and furniture and fixture fixed-rate levy | 67387 |
| losses and the fixed-sum levy losses of the successor district | 67388 |
| shall be equal to the sum of the machinery and equipment, | 67389 |
| inventory, and furniture and fixtures fixed-rate levy losses as | 67390 |
| determined in section 5751.20 of the Revised Code, for each of the | 67391 |
| districts involved in the merger. | 67392 |
| (2) If property is transferred from one district to a | 67393 |
| previously existing district, the amount of machinery and | 67394 |
| equipment, inventory, and furniture and fixtures fixed-rate levy | 67395 |
| losses that shall be transferred to the recipient district shall | 67396 |
| be an amount equal to the total machinery and equipment, | 67397 |
| inventory, and furniture and fixtures fixed-rate levy losses times | 67398 |
| a fraction, the numerator of which is the value of business | 67399 |
| tangible personal property in the land being transferred in the | 67400 |
| most recent year for which data are available, and the denominator | 67401 |
| of which is the total value of business tangible personal property | 67402 |
| in the district from which the land is being transferred in the | 67403 |
| most recent year for which data are available. | 67404 |
| (3) After December 31, 2004, if property is transferred from | 67405 |
| one or more districts to a district that is newly created out of | 67406 |
| the transferred property, the newly created district shall be | 67407 |
| deemed not to have any machinery and equipment, inventory, or | 67408 |
| furniture and fixtures fixed-rate levy losses and the districts | 67409 |
| from which the property was transferred shall have no reduction in | 67410 |
| their machinery and equipment, inventory, and furniture and | 67411 |
| fixtures fixed-rate levy losses. | 67412 |
| (4) If the recipient district under division (H)(2) of this | 67413 |
| section or the newly created district under divisions (H)(3) of | 67414 |
| this section is assuming debt from one or more of the districts | 67415 |
| from which the property was transferred and any of the districts | 67416 |
| losing the property had fixed-sum levy losses, the department of | 67417 |
| education, in consultation with the tax commissioner, shall make | 67418 |
| an equitable division of the fixed-sum levy loss reimbursements. | 67419 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 67420 |
| commissioner shall compute the payments to be made to each local | 67421 |
| taxing unit for each year according to divisions (A)(1), (2), and | 67422 |
| (3) of this section, and shall distribute the payments in the | 67423 |
| manner prescribed by division (C) of this section. The calculation | 67424 |
| of the fixed-sum levy loss shall cover a time period sufficient to | 67425 |
| include all fixed-sum levies for which the commissioner | 67426 |
| determined, pursuant to division (E) of section 5751.20 of the | 67427 |
| Revised Code, that a fixed-sum levy loss is to be reimbursed. | 67428 |
| (1) Except as provided in division (A)(3) of this section, | 67429 |
| for machinery and equipment, inventory, and furniture and fixtures | 67430 |
| fixed-rate levy losses determined under division (D) of section | 67431 |
| 5751.20 of the Revised Code, payments shall be made in each of the | 67432 |
| following years at the following percentages of the machinery and | 67433 |
| equipment, inventory, and furniture and fixtures fixed-rate levy | 67434 |
| losses: | 67435 |
| Year | Percentage for machinery and equipment | Percentage for inventory | Percentage for furniture and fixtures | 67436 | |
| 2006 | 50% | 0% | 20% | 67437 | |
| 2007 | 100% | 0% | 40% | 67438 | |
| 2008 | 100% | 26.3% | 60% | 67439 | |
| 2009 | 100% | 52.6% | 80% | 67440 | |
| 2010 | 100% | 78.9% | 100% | 67441 | |
| 2011 | 86.7% | 68.4% | 86.7% | 67442 | |
| 2012 | 73.3% | 57.9% | 73.3% | 67443 | |
| 2013 | 60% | 47.3% | 60% | 67444 | |
| 2014 | 46.7% | 36.8% | 46.7% | 67445 | |
| 2015 | 33.3% | 26.3% | 33.3% | 67446 | |
| 2016 | 20% | 15.8% | 20% | 67447 | |
| 2017 | 6.7% | 5.3% | 6.7% | 67448 | |
| 2018 and thereafter | 0% | 0% | 0% | 67449 |
| (2) For fixed-sum levy losses determined under division (E) | 67450 |
| of section 5751.20 of the Revised Code, payments shall be made in | 67451 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 67452 |
| payments required to be made in 2006 and thereafter. | 67453 |
| (3) For taxes levied within the ten-mill limitation for debt | 67454 |
| purposes in tax year 2005, payments shall be made based on the | 67455 |
| schedule in division (A)(1) of this section for each of the | 67456 |
| calendar years 2006 through 2010. For each of the calendar years | 67457 |
| 2011 through 2017, the percentages for calendar year 2010 shall be | 67458 |
| used. No payments shall be made for such levies after calendar | 67459 |
| year 2017. | 67460 |
| (B) Beginning in 2007, by the thirty-first day of January of | 67461 |
| each year, the tax commissioner shall review the calculation | 67462 |
| originally made under division (A) of this section of the | 67463 |
| fixed-sum levy losses determined under division (E) of section | 67464 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 67465 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 67466 |
| current year has expired, a revised calculation for that and all | 67467 |
| subsequent years shall be made. | 67468 |
| (C) Payments to local taxing units required to be made under | 67469 |
| division (A) of this section shall be paid from the local | 67470 |
| government tangible property tax replacement fund to the county | 67471 |
| undivided income tax fund in the proper county treasury. Beginning | 67472 |
| in May 2006, one-fourth of the amount certified under that | 67473 |
| division shall be paid by the last day of February, May, August, | 67474 |
| and November. The county treasurer shall distribute amounts | 67475 |
| determined under division (A) of this section to the proper local | 67476 |
| taxing unit as if they had been levied and collected as taxes, and | 67477 |
| the local taxing unit shall apportion the amounts so received | 67478 |
| among its funds in the same proportions as if those amounts had | 67479 |
| been levied and collected as taxes. | 67480 |
| (D) For each of the fiscal years 2006 through 2018, if the | 67481 |
| total amount in the local government tangible property tax | 67482 |
| replacement fund is insufficient to make all payments under | 67483 |
| division (C) of this section at the times the payments are to be | 67484 |
| made, the director of budget and management shall transfer from | 67485 |
| the general revenue fund to the local government tangible property | 67486 |
| tax replacement fund the difference between the total amount to be | 67487 |
| paid and the amount in the local government tangible property tax | 67488 |
| replacement fund. For each fiscal year after 2018, at the time | 67489 |
| payments under division (A)(2) of this section are to be made, the | 67490 |
| director of budget and management shall transfer from the general | 67491 |
| revenue fund to the local government property tax replacement fund | 67492 |
| the amount necessary to make such payments. | 67493 |
| (E) On the fifteenth day of June of each year from 2006 | 67494 |
| through 2018, the director of budget and management may transfer | 67495 |
| any balance in the local government tangible property tax | 67496 |
| replacement fund to the general revenue fund. | 67497 |
| (F) If all or a part of the territories of two or more local | 67498 |
| taxing units are merged, or unincorporated territory of a township | 67499 |
| is annexed by a municipal corporation, the tax commissioner shall | 67500 |
| adjust the payments made under this section to each of the local | 67501 |
| taxing units in proportion to the tax value loss apportioned to | 67502 |
| the merged or annexed territory, or as otherwise provided by a | 67503 |
| written agreement between the legislative authorities of the local | 67504 |
| taxing units certified to the commissioner not later than the | 67505 |
| first day of June of the calendar year in which the payment is to | 67506 |
| be made. | 67507 |
| Sec. 5751.31. Notwithstanding any section of law to the | 67508 |
| contrary, the tax commissioner may issue one or more final | 67509 |
| determinations under section 5703.60 of the Revised Code for which | 67510 |
| any appeal must be made directly to the supreme court within | 67511 |
| thirty days after the date the commissioner issued the | 67512 |
| determination if the primary issue raised by the petitioner is an | 67513 |
| issue arising under Section 3, 5a, or 13 of Article XII, Ohio | 67514 |
| Constitution. Such final determination shall clearly indicate that | 67515 |
| any appeal thereof must be made directly to the supreme court | 67516 |
| within the thirty-day period prescribed in this division. | 67517 |
| Sec. 5751.50. (A) For tax years beginning on or after | 67518 |
| January 1, 2008, a refundable credit granted by the tax credit | 67519 |
| authority under section 122.17 of the Revised Code may be claimed | 67520 |
| under this chapter in the order required under section 5751.98 of | 67521 |
| the Revised Code. For purposes of making tax payments under this | 67522 |
| chapter, taxes equal to the amount of the refundable credit shall | 67523 |
| be considered to be paid to this state on the first day of the tax | 67524 |
| year. A credit claimed in tax year 2008 may not be applied against | 67525 |
| the tax otherwise due for a quarterly tax reporting period | 67526 |
| beginning before July 1, 2008. The refundable credit shall not be | 67527 |
| claimed against the tax otherwise due for any quarterly tax | 67528 |
| reporting period beginning after the date on which a relocation of | 67529 |
| employment positions occurs in violation of an agreement entered | 67530 |
| into under sections 122.17 or 122.171 of the Revised Code. | 67531 |
| (B) For tax years beginning on or after January 1, 2008, a | 67532 |
| nonrefundable credit granted by the tax credit authority under | 67533 |
| section 122.171 of the Revised Code may be claimed under this | 67534 |
| chapter in the order required under section 5751.98 of the Revised | 67535 |
| Code. A credit claimed in tax year 2008 may not be applied against | 67536 |
| the tax otherwise due under this chapter for a quarterly tax | 67537 |
| reporting period beginning before July 1, 2008. The credit shall | 67538 |
| not be claimed against the tax otherwise due for any quarterly tax | 67539 |
| reporting period beginning after the date on which a relocation of | 67540 |
| employment positions occurs in violation of an agreement entered | 67541 |
| into under sections 122.17 or 122.171 of the Revised Code. No | 67542 |
| credit shall be allowed under this chapter if the credit was | 67543 |
| available against the tax imposed by section 5733.06 or 5747.02 of | 67544 |
| the Revised Code, except to the extent the credit was not applied | 67545 |
| against such tax. | 67546 |
| Sec. 5751.51. (A) As used in this section, "qualified | 67547 |
| research expenses" has the same meaning as in section 41 of the | 67548 |
| Internal Revenue Code. | 67549 |
| (B)(1) For tax years beginning on or after January 1, 2008, a | 67550 |
| nonrefundable credit may be claimed under this chapter equal to | 67551 |
| seven per cent of the excess of (a) qualified research expenses | 67552 |
| incurred in this state by the taxpayer in the tax year for which | 67553 |
| the credit is claimed over (b) the taxpayer's average annual | 67554 |
| qualified research expenses incurred in this state for the three | 67555 |
| preceding tax years. | 67556 |
| (2) The taxpayer shall claim the credit allowed under | 67557 |
| division (B)(1) of this section in the order required by section | 67558 |
| 5751.98 of the Revised Code. A credit claimed in tax year 2008 may | 67559 |
| not be applied against the tax otherwise due under this chapter | 67560 |
| for a quarterly tax reporting period beginning before July 1, | 67561 |
| 2008. Any credit amount in excess of the tax due under section | 67562 |
| 5751.03 of the Revised Code, after allowing for any other credits | 67563 |
| that precede the credit under this section in the order required | 67564 |
| under that section, may be carried forward for seven tax years, | 67565 |
| but the amount of the excess credit claimed against the tax for | 67566 |
| any quarterly tax reporting period shall be deducted from the | 67567 |
| balance carried forward to the next quarterly tax reporting | 67568 |
| period. | 67569 |
| (3) No credit shall be allowed under this chapter if the | 67570 |
| credit was available against the tax imposed by section 5733.06 of | 67571 |
| the Revised Code, except to the extent the credit was not applied | 67572 |
| against such tax. | 67573 |
| Sec. 5751.52. (A) As used in this section: | 67574 |
| (1) "Borrower" means any person that receives a loan from the | 67575 |
| director of development under section 166.21 of the Revised Code, | 67576 |
| regardless of whether the borrower is subject to the tax imposed | 67577 |
| by this chapter. | 67578 |
| (2) "Qualified research and development loan payments" has | 67579 |
| the same meaning as in section 166.21 of the Revised Code. | 67580 |
| (3) "Related member" has the same meaning as in section | 67581 |
| 5733.042 of the Revised Code. | 67582 |
| (B) For tax years beginning on or after January 1, 2008, a | 67583 |
| nonrefundable credit may be claimed under this chapter equal to a | 67584 |
| borrower's qualified research and development loan payments made | 67585 |
| during the tax year immediately preceding the tax year for which | 67586 |
| the credit is claimed. The amount of the credit for a tax year | 67587 |
| shall not exceed one hundred fifty thousand dollars. No taxpayer | 67588 |
| is entitled to claim a credit under this section unless the | 67589 |
| taxpayer has obtained a certificate issued by the director of | 67590 |
| development under division (D) of section 166.21 of the Revised | 67591 |
| Code. The credit shall be claimed in the order required under | 67592 |
| section 5151.98 of the Revised Code. A credit claimed in tax year | 67593 |
| 2008 may not be applied against the tax otherwise due under this | 67594 |
| chapter for a quarterly tax reporting period beginning before July | 67595 |
| 1, 2008. No credit shall be allowed under this chapter if the | 67596 |
| credit was available against the tax imposed by section 5733.06 or | 67597 |
| 5747.02 of the Revised Code except to the extent the credit was | 67598 |
| not applied against such tax. The credit, to the extent it exceeds | 67599 |
| the taxpayer's tax liability for a quarterly tax reporting period | 67600 |
| after allowance for any other credits that precede the credit | 67601 |
| under this section in that order, shall be carried forward to the | 67602 |
| next succeeding quarterly tax reporting period or periods, but the | 67603 |
| amount of the excess credit claimed against the tax for any | 67604 |
| quarterly tax reporting period shall be deducted from the balance | 67605 |
| carried forward to the next quarterly tax reporting period. | 67606 |
| (C) A borrower entitled to a credit under this section may | 67607 |
| assign the credit, or a portion thereof, to any of the following: | 67608 |
| (1) A related member of that borrower; | 67609 |
| (2) The owner or lessee of the eligible research and | 67610 |
| development project; | 67611 |
| (3) A related member of the owner or lessee of the eligible | 67612 |
| research and development project. | 67613 |
| A borrower making an assignment under this division shall | 67614 |
| provide written notice of the assignment to the tax commissioner | 67615 |
| and the director of development, in such form as the commissioner | 67616 |
| prescribes, before the credit that was assigned is used. The | 67617 |
| assignor may not claim the credit to the extent it was assigned to | 67618 |
| an assignee. The assignee may claim the credit only to the extent | 67619 |
| the assignor has not claimed it. | 67620 |
| (D) If any taxpayer is a partner in a partnership or a member | 67621 |
| in a limited liability company treated as a partnership for | 67622 |
| federal income tax purposes, the taxpayer shall be allowed the | 67623 |
| taxpayer's distributive or proportionate share of the credit | 67624 |
| available through the partnership or limited liability company. | 67625 |
| Sec. 5751.98. (A) To provide a uniform procedure for | 67626 |
| calculating the amount of tax due under this chapter, a taxpayer | 67627 |
| shall claim any credits to which it is entitled in the following | 67628 |
| order: | 67629 |
| (1) The nonrefundable jobs retention credit under division | 67630 |
| (B) of section 5751.50 of the Revised Code; | 67631 |
| (2) The nonrefundable credit for qualified research expenses | 67632 |
| under division (B) of section 5751.51 of the Revised Code; | 67633 |
| (3) The nonrefundable credit for a borrower's qualified | 67634 |
| research and development loan payments under division (B) of | 67635 |
| section 5751.52 of the Revised Code; | 67636 |
| (4) The refundable jobs creation credit under division (A) of | 67637 |
| section 5751.50 of the Revised Code. | 67638 |
| (B) For any credit except the credit enumerated in division | 67639 |
| (A)(4) of this section, the amount of the credit for a tax period | 67640 |
| shall not exceed the tax due after allowing for any other credit | 67641 |
| that precedes it in the order required under this section. Any | 67642 |
| excess amount of a particular credit may be carried forward if | 67643 |
| authorized under the section creating the credit. | 67644 |
| Sec. 5751.99. (A) Whoever files a fraudulent refund claim | 67645 |
| under section 5751.08 of the Revised Code shall be fined the | 67646 |
| greater of not more than one thousand dollars or the amount of the | 67647 |
| fraudulent refund requested or imprisoned not more than sixty | 67648 |
| days, or both. | 67649 |
| (B) Except as provided in this section, whoever violates any | 67650 |
| section of this chapter, or any rule adopted by the tax | 67651 |
| commissioner under this chapter, shall be fined not more than five | 67652 |
| hundred dollars or imprisoned not more than thirty days, or both. | 67653 |
| (C) The penalties provided in this section are in addition to | 67654 |
| any penalties imposed by the tax commissioner under section | 67655 |
| 5751.06 of the Revised Code. | 67656 |
| Sec. 5919.31. (A) There is hereby created in the state | 67657 |
| treasury the national guard benefit fund, which shall consist of | 67658 |
| such transfers of moneys or receipts as are made in accordance | 67659 |
| with law. | 67660 |
| (B) If an active duty member of the Ohio national guard | 67661 |
| chooses to purchase life insurance pursuant to the | 67662 |
| "Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq. | 67663 |
| (1965), 38 U.S.C. 1965 et seq., the adjutant general shall | 67664 |
| reimburse the member in an amount equal to the premium the member | 67665 |
| paid pursuant to the act from the national guard benefit fund. | 67666 |
| (C) The adjutant general may request additional money from | 67667 |
| the controlling board if the money in the fund is not sufficient | 67668 |
| to reimburse the members for life insurance premiums pursuant to | 67669 |
| this section. | 67670 |
| (D) The adjutant general may adopt rules pursuant to Chapter | 67671 |
| 119. of the Revised Code to implement the requirements of this | 67672 |
| section. | 67673 |
| (E) As used in this section, "active duty member" means a | 67674 |
| member of the Ohio national guard under active duty pursuant to an | 67675 |
| executive order of the president of the United States, an act of | 67676 |
| the congress of the United States, or section 5919.29 or 5923.21 | 67677 |
| of the Revised Code. | 67678 |
| Sec. 5919.33. | 67679 |
| 67680 | |
| created the national guard benefit fund, which shall consist of | 67681 |
| transfers of moneys and receipts into the fund made in accordance | 67682 |
| with law. | 67683 |
|
(B) The adjutant general shall pay a death benefit of
| 67684 |
| one hundred thousand dollars from the | 67685 |
| 67686 | |
| beneficiaries of any active duty member of the Ohio national guard | 67687 |
| who dies
while performing | 67688 |
| 67689 | |
| or beneficiaries has or have been so designated in a written | 67690 |
| statement as prescribed by the adjutant general. | 67691 |
| (C) As used in this section, "active duty member" means a | 67692 |
| member of the Ohio national guard under active duty pursuant to an | 67693 |
| executive order of the president of the United States, an act of | 67694 |
| the congress of the United States, or section 5919.29 or 5923.21 | 67695 |
| of the Revised Code. | 67696 |
| Sec. 5919.341. There is hereby created in the state treasury | 67697 |
| the national guard scholarship reserve fund. Not later than the | 67698 |
| first day of September of each fiscal year, the Ohio board of | 67699 |
| regents shall certify to the director of budget and management the | 67700 |
| unencumbered balance of the general revenue fund appropriations | 67701 |
| made in the immediately preceding fiscal year for purposes of the | 67702 |
| Ohio national guard scholarship program created under division (B) | 67703 |
| of section 5919.34 of the Revised Code. Upon receipt of the | 67704 |
| certification, the director may transfer an amount not exceeding | 67705 |
| the certified amount from the general revenue fund to the national | 67706 |
| guard scholarship reserve fund. Moneys in the national guard | 67707 |
| scholarship reserve fund shall be used to pay scholarship | 67708 |
| obligations in excess of the general revenue fund appropriations | 67709 |
| made for that purpose. Upon request of the adjutant general, the | 67710 |
| Ohio board of regents shall seek controlling board approval to | 67711 |
| establish appropriations as necessary. | 67712 |
| The director may transfer any unencumbered balance from the | 67713 |
| national guard scholarship reserve fund to the general revenue | 67714 |
| fund. | 67715 |
| Sec. 5920.01. (A) The governor shall organize and maintain | 67716 |
| within this state on a cadre or reserve basis military forces | 67717 |
| capable of being expanded and trained to defend this state | 67718 |
| whenever the Ohio national guard, or a part thereof, is employed | 67719 |
| so as to leave this state without adequate defense. In case of an | 67720 |
| emergency proclaimed by the president, or the Congress of the | 67721 |
| United States, or the governor, or caused by enemy action or | 67722 |
| imminent danger thereof, the governor, as commander in chief, | 67723 |
| shall expand such forces as the exigency of the occasion requires. | 67724 |
| Such forces shall be organized and maintained under regulations | 67725 |
| which shall not be inconsistent with such regulations as the | 67726 |
| secretary of defense prescribes for discipline and training and | 67727 |
| shall be composed of officers commissioned and assigned, and such | 67728 |
| able-bodied citizens of the state as are accepted therein. Such | 67729 |
| forces shall be equipped with suitable uniforms not in violation | 67730 |
| of federal laws or contrary to the regulations of the secretary of | 67731 |
| defense. Such forces shall be known as the Ohio military reserve. | 67732 |
| During the period of organization on a cadre or reserve basis the | 67733 |
| commander in chief may fix lesser rates of pay for armory drill | 67734 |
| purposes or for service in encampments and maneuvers. In the event | 67735 |
| that the regulations of the department of defense are modified so | 67736 |
| as to recognize the Ohio military reserve as a part of the Ohio | 67737 |
| national guard not subject to induction into federal service, the | 67738 |
| laws pertaining to the Ohio national guard shall apply to the Ohio | 67739 |
| military reserve and it shall be known as a component of the Ohio | 67740 |
| national guard. | 67741 |
| (B) The commander of the Ohio military reserve shall report | 67742 |
| all expenditures and the use of all funds by the Ohio military | 67743 |
| reserve to the general assembly. The commander annually shall | 67744 |
| deliver the report, in writing, within three months of the end of | 67745 |
| the state fiscal year. | 67746 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 67747 |
| (E) of this section, on and after January 1, 1994, no person shall | 67748 |
| operate or maintain a public water system in this state without a | 67749 |
| license issued by the director of environmental protection. A | 67750 |
| person who operates or maintains a public water system on January | 67751 |
| 1, 1994, shall obtain an initial license under this section in | 67752 |
| accordance with the following schedule: | 67753 |
| (1) If the public water system is a community water system, | 67754 |
| not later than January 31, 1994; | 67755 |
| (2) If the public water system is not a community water | 67756 |
| system and serves a nontransient population, not later than | 67757 |
| January 31, 1994; | 67758 |
| (3) If the public water system is not a community water | 67759 |
| system and serves a transient population, not later than January | 67760 |
| 31, 1995. | 67761 |
| A person proposing to operate or maintain a new public water | 67762 |
| system after January 1, 1994, in addition to complying with | 67763 |
| section 6109.07 of the Revised Code and rules adopted under it, | 67764 |
| shall submit an application for an initial license under this | 67765 |
| section to the director prior to commencing operation of the | 67766 |
| system. | 67767 |
| A license or license renewal issued under this section shall | 67768 |
| be renewed annually. Such a license or license renewal shall | 67769 |
| expire on the thirtieth day of January in the year following its | 67770 |
| issuance. A license holder that proposes to continue operating the | 67771 |
| public water system for which the license or license renewal was | 67772 |
| issued shall apply for a license renewal at least thirty days | 67773 |
| prior to that expiration date. | 67774 |
| The director shall adopt, and may amend and rescind, rules in | 67775 |
| accordance with Chapter 119. of the Revised Code establishing | 67776 |
| procedures governing and information to be included on | 67777 |
| applications for licenses and license renewals under this section. | 67778 |
|
Through June 30,
| 67779 |
| by the appropriate fee established under division (M) of section | 67780 |
| 3745.11 of the Revised Code, provided that an applicant for an | 67781 |
| initial license who is proposing to operate or maintain a new | 67782 |
| public water system after January 1, 1994, shall submit a fee that | 67783 |
| equals a prorated amount of the appropriate fee established under | 67784 |
| that division for the remainder of the licensing year. | 67785 |
| (B) Not later than thirty days after receiving a completed | 67786 |
| application and the appropriate license fee for an initial license | 67787 |
| under division (A) of this section, the director shall issue the | 67788 |
| license for the public water system. Not later than thirty days | 67789 |
| after receiving a completed application and the appropriate | 67790 |
| license fee for a license renewal under division (A) of this | 67791 |
| section, the director shall do one of the following: | 67792 |
| (1) Issue the license renewal for the public water system; | 67793 |
| (2) Issue the license renewal subject to terms and conditions | 67794 |
| that the director determines are necessary to ensure compliance | 67795 |
| with this chapter and rules adopted under it; | 67796 |
| (3) Deny the license renewal if the director finds that the | 67797 |
| public water system was not operated in substantial compliance | 67798 |
| with this chapter and rules adopted under it. | 67799 |
| (C) The director may suspend or revoke a license or license | 67800 |
| renewal issued under this section if the director finds that the | 67801 |
| public water system was not operated in substantial compliance | 67802 |
| with this chapter and rules adopted under it. The director shall | 67803 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 67804 |
| 119. of the Revised Code governing such suspensions and | 67805 |
| revocations. | 67806 |
| (D)(1) As used in division (D) of this section, "church" | 67807 |
| means a fellowship of believers, congregation, society, | 67808 |
| corporation, convention, or association that is formed primarily | 67809 |
| or exclusively for religious purposes and that is not formed or | 67810 |
| operated for the private profit of any person. | 67811 |
| (2) This section does not apply to a church that operates or | 67812 |
| maintains a public water system solely to provide water for that | 67813 |
| church or for a campground that is owned by the church and | 67814 |
| operated primarily or exclusively for members of the church and | 67815 |
| their families. A church that, on or before March 5, 1996, has | 67816 |
| obtained a license under this section for such a public water | 67817 |
| system need not obtain a license renewal under this section. | 67818 |
| (E) This section does not apply to any public or nonpublic | 67819 |
| school that meets minimum standards of the state board of | 67820 |
| education that operates or maintains a public water system solely | 67821 |
| to provide water for that school. | 67822 |
| Sec. 6111.02. As used in this section and sections 6111.021 | 67823 |
| to 6111.028 and 6111.0210 to 6111.0213 of the Revised Code: | 67824 |
| (A) "Category 1 wetland," "category 2 wetland," or "category | 67825 |
| 3 wetland" means a category 1 wetland, category 2 wetland, or | 67826 |
| category 3 wetland, respectively, as described in rule 3745-1-54 | 67827 |
|
of the Administrative Code, as that rule existed on
| 67828 |
| 67829 | |
| category 1, category 2, or category 3 wetland, respectively, | 67830 |
|
through
application of the | 67831 |
|
wetlands
version 5.0, | 67832 |
| for wetlands version 5.0 quantitative score calibration dated | 67833 |
| August 15, 2000, unless an application for a section 401 water | 67834 |
| quality certification was submitted prior to February 28, 2001, in | 67835 |
| which case the applicant for the permit may elect to proceed in | 67836 |
| accordance with Ohio rapid assessment method for wetlands version | 67837 |
| 4.1. | 67838 |
| (B) "Creation" means the establishment of a wetland where one | 67839 |
| did not formerly exist and that involves wetland construction on | 67840 |
| nonhydric soils. | 67841 |
| (C) "Discharge of dredged material" has the same meaning as | 67842 |
| in 33 C.F.R 323.2 as effective February 16, 2001. | 67843 |
| (D) "Dredged material" or "dredge material" means material | 67844 |
| that is excavated or dredged from a wetland, including an isolated | 67845 |
| wetland, or a stream. "Dredged material" does not include material | 67846 |
| resulting from normal farming, silviculture, and ranching | 67847 |
| activities, such as plowing, cultivating, seeding, and harvesting, | 67848 |
| for production of food, fiber, and forest products. | 67849 |
| (E) "Enhancement" means activities conducted in an existing | 67850 |
| wetland to improve or repair existing or natural wetland functions | 67851 |
| and values of that wetland. | 67852 |
| | 67853 |
| direct response to precipitation in the immediate watershed or in | 67854 |
| response to the melting of a cover of snow and ice and that has | 67855 |
| channel bottom that is always above the local water table. | 67856 |
| (G) "Fill material" means any material that is used to fill | 67857 |
| an aquatic area, to replace an aquatic area with dry land, or to | 67858 |
| change the bottom elevation of a wetland or stream for any purpose | 67859 |
| and that consists of suitable material that is free from toxic | 67860 |
| contaminants in other than trace quantities. "Fill material" does | 67861 |
| not include either of the following: | 67862 |
| (1) Material resulting from normal farming, silviculture, and | 67863 |
| ranching activities, such as plowing, cultivating, seeding, and | 67864 |
| harvesting, for the production of food, fiber, and forest | 67865 |
| products; | 67866 |
| (2) Material placed for the purpose of maintenance of | 67867 |
| existing structures, including emergency reconstruction of | 67868 |
| recently damaged parts of currently serviceable structures such as | 67869 |
| dikes, dams, levees, groins, riprap, breakwaters, causeways, and | 67870 |
| bridge abutments or approaches, and transportation structures. | 67871 |
| | 67872 |
| wetland or stream for the purpose of creating upland, changing the | 67873 |
| bottom elevation of the wetland or stream, or creating | 67874 |
| impoundments of water. "Filling" includes, without limitation, the | 67875 |
| placement of the following in wetlands or streams: fill material | 67876 |
| that is necessary for the construction of any structure; | 67877 |
| structures or impoundments requiring rock, sand, dirt, or other | 67878 |
| material for its construction; site-development fills for | 67879 |
| recreational, industrial, commercial, residential, or other uses; | 67880 |
| causeways or road fills; dams and dikes; artificial islands, | 67881 |
| property protection, or reclamation devices such as riprap, | 67882 |
| groins, seawalls, breakwalls, and bulkheads and fills; beach | 67883 |
| nourishment; levees; sanitary landfills; fill material for | 67884 |
| structures such as sewage treatment facilities, intake and outfall | 67885 |
| pipes associated with power plants, and underwater utility lines; | 67886 |
| and artificial reefs. | 67887 |
| | 67888 |
| local water table and flows for at least a part of each year and | 67889 |
| that obtains its flow from both surface runoff and ground water | 67890 |
| discharge. | 67891 |
| (J) "Isolated wetland" means a wetland that is not subject to | 67892 |
| regulation under the Federal Water Pollution Control Act. | 67893 |
| | 67894 |
| enhancement, or, in exceptional circumstances, preservation of | 67895 |
| wetlands expressly for the purpose of compensating for wetland | 67896 |
| impacts. | 67897 |
| | 67898 |
| area where a mitigation bank can reasonably be expected to provide | 67899 |
| appropriate compensation for impacts to wetlands and other aquatic | 67900 |
| resources and that is designated as such in accordance with the | 67901 |
| process established in the "Federal Guidance for the | 67902 |
| Establishment, Use and Operation of Mitigation Banks (1995)," 60 | 67903 |
| FR 58605. | 67904 |
| | 67905 |
| creation, enhancement, or preservation occurring farther than one | 67906 |
| mile from a project boundary, but within the same watershed. | 67907 |
| | 67908 |
| creation, enhancement, or preservation occurring within and not | 67909 |
| more than one mile from the project boundary and within the same | 67910 |
| watershed. | 67911 |
| | 67912 |
| stream that flows continuously during all of the calendar year as | 67913 |
| a result of ground water discharge or surface water runoff. | 67914 |
| "Perennial stream" does not include an intermittent stream or an | 67915 |
| ephemeral stream. | 67916 |
| (P) "Practicable" means available and capable of being | 67917 |
| executed with existing technology and without significant adverse | 67918 |
| effect on the economic feasibility of the project in light of the | 67919 |
| overall project purposes and in consideration of the relative | 67920 |
| environmental benefit. | 67921 |
| | 67922 |
| important wetlands in perpetuity through the implementation of | 67923 |
| appropriate legal mechanisms to prevent harm to the wetlands. | 67924 |
| "Preservation" may include protection of adjacent upland areas as | 67925 |
| necessary to ensure protection of a wetland. | 67926 |
| | 67927 |
| previously existing wetland at a site where it has ceased to | 67928 |
| exist. | 67929 |
| | 67930 |
| certification pursuant to section 401 of the Federal Water | 67931 |
| Pollution Control Act and this chapter and rules adopted under it | 67932 |
| that any discharge, as set forth in section 401, will comply with | 67933 |
| sections 301, 302, 303, 306, and 307 of the Federal Water | 67934 |
| Pollution Control Act. | 67935 |
| (T) "State isolated wetland permit" means a permit issued in | 67936 |
| accordance with sections 6111.02 to 6111.027 of the Revised Code | 67937 |
| authorizing the filling of an isolated wetland. | 67938 |
| | 67939 |
| corresponding to one from the list of thirty-seven adapted from | 67940 |
| the forty-four cataloging units as depicted on the hydrologic unit | 67941 |
| map of Ohio, United States geological survey, 1988, and as | 67942 |
| described in division (F)(2) of rule 3745-1-54 of the | 67943 |
| Administrative Code or as otherwise shown on map number 1 found in | 67944 |
| rule 3745-1-54 of the Administrative Code. "Watershed" is limited | 67945 |
| to those parts of the cataloging units that geographically lie | 67946 |
| within the borders of this state. | 67947 |
| | 67948 |
| saturated by surface or ground water at a frequency and duration | 67949 |
| that are sufficient to support, and that under normal | 67950 |
| circumstances do support, a prevalence of vegetation typically | 67951 |
| adapted for life in saturated soil conditions. "Wetlands" includes | 67952 |
| swamps, marshes, bogs, and similar areas that are delineated in | 67953 |
| accordance with the 1987 United States army corps of engineers | 67954 |
| wetland delineation manual and any other procedures and | 67955 |
| requirements adopted by the United States army corps of engineers | 67956 |
| for delineating wetlands. | 67957 |
| | 67958 |
| have been restored, created, enhanced, or, in exceptional | 67959 |
| circumstances, preserved expressly for the purpose of providing | 67960 |
| mitigation for impacts to wetlands and that has been approved in | 67961 |
| accordance with the process established in the "Federal Guidance | 67962 |
| for the Establishment, Use and Operation of Mitigation Banks | 67963 |
| (1995)," 60 FR 58605. | 67964 |
| Sec. 6111.0210. (A) Sections 6111.0210 and 6111.0211 of the | 67965 |
| Revised Code apply to wetlands that are not isolated wetlands. | 67966 |
| (B) The discharge of dredge or fill material into a category | 67967 |
| 1 or a category 2 wetland of three acres or less or such a | 67968 |
| discharge impacting a portion of an ephemeral stream of one | 67969 |
| thousand linear feet or less, a portion of an intermittent stream | 67970 |
| of five hundred linear feet or less, or a portion of a perennial | 67971 |
| stream of one hundred linear feet or less shall require a section | 67972 |
| 401 water quality certification issued by the director of | 67973 |
| environmental protection and shall be subject to level one review | 67974 |
| requirements established under division (C) of this section. | 67975 |
| (C) Level one review shall apply only to the discharge of | 67976 |
| dredge or fill material into a category 1 or category 2 wetland or | 67977 |
| an ephemeral, intermittent, or perennial stream, as applicable, as | 67978 |
| described in division (B) of this section. A level one review | 67979 |
| shall require, and is limited to, the submission of a pre-activity | 67980 |
| notice that includes an application; an acceptable delineation; a | 67981 |
| wetland or stream categorization, as applicable; a description of | 67982 |
| the project; a description of the acreage of the wetland or of the | 67983 |
| linear footage of the stream, as applicable, that will be subject | 67984 |
| to filling or impacts; site photographs; and a mitigation proposal | 67985 |
| for the impact to the wetland or stream, as applicable that | 67986 |
| includes both of the following: | 67987 |
| (1) The submission of an analysis of technically feasible and | 67988 |
| economically reasonable on-site alternatives to the proposed | 67989 |
| dredging or filling of the wetland or stream, as applicable, that | 67990 |
| would have a less adverse impact on the wetland ecosystem; | 67991 |
| (2) The submission of information indicating whether high | 67992 |
| quality waters, as defined in rule 3745-1-05 of the Administrative | 67993 |
| Code, are to be avoided by the proposed dredging or filling of the | 67994 |
| wetland or stream, as applicable. | 67995 |
| (D) The director shall grant or deny a section 401 water | 67996 |
| quality certification for the proposed dredging or filling of a | 67997 |
| wetland or stream that is subject to level one review not later | 67998 |
| than one hundred twenty days after receipt of an application for | 67999 |
| the certification. The director shall issue a section 401 water | 68000 |
| quality certification after a level one review unless the director | 68001 |
| determines that the applicant has failed to demonstrate all of the | 68002 |
| following: | 68003 |
| (1) There is no technically feasible and economically | 68004 |
| reasonable on-site alternative to the proposed dredging or filling | 68005 |
| that would have a less adverse impact on the wetland or stream | 68006 |
| ecosystem. | 68007 |
| (2) Reasonable buffers have been provided for any wetland or | 68008 |
| stream that will be avoided at the site where the proposed | 68009 |
| dredging or filling will take place. | 68010 |
| (3) The wetland or stream is not locally or regionally scarce | 68011 |
| within the watershed in which it is located and does not contain | 68012 |
| endangered species. | 68013 |
| (4) The impact would not result in significant degradation to | 68014 |
| the aquatic ecosystem. | 68015 |
| (5) Appropriate mitigation has been proposed for any | 68016 |
| unavoidable impacts. | 68017 |
| (6) Storm water and water quality controls will be installed | 68018 |
| to ensure that peak post-development rates of surface water runoff | 68019 |
| from the impacted wetland or stream do not greatly exceed the peak | 68020 |
| pre-development rates of runoff from the on-site wetland or | 68021 |
| stream. Water quality improvement measures shall be incorporated | 68022 |
| into the design of the storm water control measures that are | 68023 |
| required by laws of this state and federal law. | 68024 |
| (7) Any additional, technically feasible and economically | 68025 |
| reasonable, site-specific requirements that are determined | 68026 |
| necessary by the director to protect water quality have been | 68027 |
| satisfied. | 68028 |
| (E) Mitigation for the proposed dredging or filling of a | 68029 |
| wetland or stream that is subject to level one review shall be | 68030 |
| conducted by the applicant. Without the objection of the director | 68031 |
| and at the discretion of the applicant, the applicant shall | 68032 |
| conduct either on-site mitigation, mitigation at a wetland | 68033 |
| mitigation bank within the same United States army corps of | 68034 |
| engineers district as the location of the proposed dredging or | 68035 |
| filling of the wetland or stream, or off-site mitigation. | 68036 |
| Sec. 6111.0211. (A) The discharge of dredge or fill material | 68037 |
| into a category 1 or category 2 wetland of greater than three | 68038 |
| acres or a category 3 wetland or such a discharge impacting a | 68039 |
| portion of an ephemeral stream of greater than one thousand linear | 68040 |
| feet, a portion of an intermittent stream greater than five | 68041 |
| hundred linear feet, or a portion of a perennial stream of greater | 68042 |
| than one hundred linear feet shall require a section 401 water | 68043 |
| quality certification issued by the director of environmental | 68044 |
| protection and shall be subject to level two review requirements | 68045 |
| established under division (B) of this section. | 68046 |
| (B) Level two review shall apply to the discharge of dredge | 68047 |
| or fill material into a category 1, category 2, or category 3 | 68048 |
| wetland or an ephemeral, intermittent, or perennial stream | 68049 |
| described in division (A) of this section and shall require all of | 68050 |
| the following: | 68051 |
| (1) All of the information required to be submitted with a | 68052 |
| pre-activity notice as described in division (C) of section | 68053 |
| 6111.0210 of the Revised Code; | 68054 |
| (2) A full antidegradation review conducted in accordance | 68055 |
| with rules adopted under section 6111.12 of the Revised Code; | 68056 |
| (3) The submission of information indicating whether high | 68057 |
| quality waters, as defined in rule 3745-1-05 of the Administrative | 68058 |
| Code, are to be avoided by the proposed filling of or impact to | 68059 |
| the wetland or stream, as applicable. | 68060 |
| (C) The director shall issue or deny a section 401 water | 68061 |
| quality certification for the proposed dredging or filling of a | 68062 |
| wetland or stream that is subject to level two review not later | 68063 |
| than one hundred and fifty days after the receipt of an | 68064 |
| application for the certification. The director shall not issue a | 68065 |
| section 401 water quality certification for the proposed dredging | 68066 |
| or filling of a wetland or stream that is subject to level two | 68067 |
| review unless the director determines that the applicant for the | 68068 |
| certification has demonstrated that the proposed dredging or | 68069 |
| filling will not prevent or interfere with the attainment or | 68070 |
| maintenance of applicable state water quality standards. | 68071 |
| (D)(1) Notwithstanding division (C) of this section, the | 68072 |
| director also may deny an application for a section 401 water | 68073 |
| quality certification submitted under this section if the director | 68074 |
| determines that the proposed dredging or filling of the wetland or | 68075 |
| stream will result in an adverse short-term or long-term impact on | 68076 |
| water quality. | 68077 |
| (2) The director may impose terms and conditions on a section | 68078 |
| 401 water quality certification issued under this section that are | 68079 |
| appropriate or necessary to ensure adequate protection of state | 68080 |
| water quality and to ensure compliance with this chapter and rules | 68081 |
| adopted under it. | 68082 |
| (3) Prior to the issuance of a section 401 water quality | 68083 |
| certification under this section, or prior to, during, or after | 68084 |
| the dredging or filling of the wetland or stream that is the | 68085 |
| subject of the certification, the director may require that the | 68086 |
| applicant or certification holder perform various environmental | 68087 |
| quality tests, including, without limitation, chemical analyses of | 68088 |
| water, sediment, or fill material and bioassays, in order to | 68089 |
| ensure adequate protection of water quality. | 68090 |
| (E) Mitigation for the proposed dredging or filling of a | 68091 |
| wetland or stream that is subject to level two review shall be | 68092 |
| conducted by the applicant and shall occur in the following | 68093 |
| preferred order: | 68094 |
| (1) Technically feasible and economically reasonable | 68095 |
| mitigation to the extent that the on-site mitigation would provide | 68096 |
| significant benefits to the aquatic habitat despite the | 68097 |
| modification of the site due to development; | 68098 |
| (2) Technically feasible and economically reasonable off-site | 68099 |
| mitigation within the same watershed; | 68100 |
| (3) If the proposed dredging or filling of the wetland or | 68101 |
| stream will take place within a mitigation bank service area, | 68102 |
| within that mitigation bank service area; | 68103 |
| (4) If there is a significant ecological reason that the | 68104 |
| mitigation should not be limited to the watershed in which the | 68105 |
| wetland or stream is located and if the proposed mitigation will | 68106 |
| result in a substantially greater ecological benefit, in a | 68107 |
| watershed that is adjacent to the watershed in which the wetland | 68108 |
| or stream is located. | 68109 |
| Sec. 6111.0212. (A) Not later than fifteen business days | 68111 |
| after the receipt of an application for a section 401 water | 68112 |
| quality certification, the director of environmental protection | 68113 |
| shall notify the applicant if the application is complete. If the | 68114 |
| application is not complete, the director shall include in the | 68115 |
| notice an itemized list of the information or materials that are | 68116 |
| necessary to complete the application. Time periods specified in | 68117 |
| statute or rule shall be tolled until the application is | 68118 |
| determined by the director to be complete. | 68119 |
| (B) Not later than twenty-one days after the receipt of a | 68120 |
| complete application, the director shall publish notice of its | 68121 |
| receipt in a newspaper of general circulation in the county in | 68122 |
| which the proposed project that is the subject of the application | 68123 |
| is to take place. The notice shall contain only the following: | 68124 |
| (1) The name of the applicant; | 68125 |
| (2) The proposed location of the project; | 68126 |
| (3) A description of the proposed impact; | 68127 |
| (4) The proposed mitigation of the impact. | 68128 |
| The director shall accept comments concerning the application | 68129 |
| and requests for a public hearing concerning the application for | 68130 |
| not more than fifteen days following the publication of notice | 68131 |
| concerning the application. | 68132 |
| (C) If the director receives a request for a public hearing | 68133 |
| on the application and the director determines that there is | 68134 |
| significant public interest in such a hearing as evidenced by the | 68135 |
| public comments received concerning the application and other | 68136 |
| requests for a public hearing on the application, the director or | 68137 |
| the director's representative shall conduct a public hearing | 68138 |
| concerning the application. Notice of the public hearing shall be | 68139 |
| published not later than thirty days prior to the date of the | 68140 |
| hearing in a newspaper of general circulation in the county in | 68141 |
| which the project that is the subject of the application is to | 68142 |
| take place. If a public hearing is requested concerning an | 68143 |
| application, the director shall accept comments concerning the | 68144 |
| application until five business days after the public hearing. A | 68145 |
| public hearing conducted under this division shall take place not | 68146 |
| later than seventy days after the receipt of the application. | 68147 |
| Sec. 6111.0213. All wetland, stream, or lake mitigation | 68148 |
| standards, scientific methods, processes, and other procedures or | 68149 |
| policies that are used by or approved for use by the director of | 68150 |
| environmental protection to evaluate or measure or to determine | 68151 |
| the approval or denial of a mitigation proposal shall be subject | 68152 |
| to sections 119.03 and 119.032 of the Revised Code before the | 68153 |
| standards, scientific methods, processes, or other procedures or | 68154 |
| policies have the force of law. Until that time, any such | 68155 |
| mitigation standards, scientific methods, processes, or any other | 68156 |
| procedures or policies that are used by or approved for use by the | 68157 |
| director to evaluate, measure, or determine the success, approval, | 68158 |
| or denial of a mitigation proposal, but that have not been subject | 68159 |
| to review under sections 119.03 and 119.032 of the Revised Code | 68160 |
| shall not be used as the basis for any certification or permit | 68161 |
| denial or as a standard applied to mitigation. All wetland | 68162 |
| restoration or creation performed for mitigation of wetland | 68163 |
| impacts authorized by the director shall result in the restoration | 68164 |
| or creation of wetlands that meet or exceed the quality of the | 68165 |
| wetland impacted as measured by the Ohio rapid assessment method. | 68166 |
| Section 101.02. That existing sections 9.06, 9.24, 9.833, | 68167 |
| 9.90, 101.68, 102.01, 105.41, 108.05, 109.57, 109.572, 109.91, | 68168 |
| 117.10, 117.16, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, | 68169 |
| 121.38, 122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, | 68170 |
| 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, | 68171 |
| 122.83, 123.152, 123.17, 125.041, 125.05, 125.831, 125.832, | 68172 |
| 126.25, 127.16, 131.02, 131.23, 133.09, 140.01, 140.08, 141.011, | 68173 |
| 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, | 68174 |
| 150.07, 150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 181.54, | 68175 |
| 181.55, 181.56, 183.28, 307.88, 317.08, 317.36, 319.20, 319.301, | 68176 |
| 319.302, 319.54, 321.24, 323.01, 323.152, 323.17, 325.31, 329.04, | 68177 |
| 329.051, 339.72, 339.73, 339.88, 340.03, 340.16, 718.09, 718.10, | 68178 |
| 723.52, 723.53, 742.59, 901.43, 905.32, 905.33, 905.331, 905.36, | 68179 |
| 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 911.02, | 68180 |
| 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, | 68181 |
| 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99, 1333.11, | 68182 |
| 1502.02, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, | 68183 |
| 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53, | 68184 |
| 1713.03, 1751.03, 1901.26, 1901.31, 1907.24, 2113.041, 2151.031, | 68185 |
| 2151.352, 2151.416, 2151.86, 2152.43, 2152.74, 2303.201, 2305.234, | 68186 |
| 2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 2921.13, 2923.25, | 68187 |
| 2925.01, 2925.04, 2925.041, 2929.13, 2929.14, 2967.13, 3107.10, | 68188 |
| 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, | 68189 |
| 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, | 68190 |
| 3301.32, 3301.86, 3301.88, 3311.19, 3313.12, 3313.202, 3313.207, | 68191 |
| 3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 3313.976, | 68192 |
| 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, | 68193 |
| 3314.021, 3314.03, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, | 68194 |
| 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 3317.013, | 68195 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, | 68196 |
| 3317.027, 3317.028, 3317.029, 3317.0212, 3317.0216, 3317.0217, | 68197 |
| 3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.09, | 68198 |
| 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, | 68199 |
| 3317.51, 3318.011, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, | 68200 |
| 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, | 68201 |
| 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, | 68202 |
| 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, | 68203 |
| 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, | 68204 |
| 3345.32, 3353.01, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, | 68205 |
| 3365.04, 3365.07, 3365.10, 3375.40, 3375.48, 3375.49, 3375.54, | 68206 |
| 3375.55, 3377.03, 3379.04, 3381.07, 3381.17, 3383.02, 3501.141, | 68207 |
| 3501.17, 3701.021, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, | 68208 |
| 3702.68, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, | 68209 |
| 3703.07, 3703.08, 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, | 68210 |
| 3712.03, 3714.07, 3721.01, 3721.03, 3721.07, 3721.15, 3721.21, | 68211 |
| 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, | 68212 |
| 3734.01, 3734.28, 3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, | 68213 |
| 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, | 68214 |
| 3773.39, 3773.40, 3773.57, 3793.09, 3901.021, 3901.17, 3901.78, | 68215 |
| 3903.14, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4117.03, | 68216 |
| 4117.08, 4117.24, 4123.27, 4141.29, 4301.10, 4301.42, 4301.43, | 68217 |
| 4305.01, 4505.06, 4511.75, 4519.02, 4519.09, 4561.17, 4561.18, | 68218 |
| 4561.21, 4703.15, 4705.09, 4709.05, 4731.65, 4731.71, 4736.11, | 68219 |
| 4736.12, 4757.30, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02, | 68220 |
| 4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26, | 68221 |
| 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, | 68222 |
| 5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05, | 68223 |
| 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, | 68224 |
| 5110.39, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.023, | 68225 |
| 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, | 68226 |
| 5111.113, 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, | 68227 |
| 5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, | 68228 |
| 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, | 68229 |
| 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, | 68230 |
| 5111.32, 5111.33, 5111.62, 5111.85, 5111.87, 5111.88, 5111.911, | 68231 |
| 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, | 68232 |
| 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.16, 5120.48, | 68233 |
| 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, | 68234 |
| 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, | 68235 |
| 5121.21, 5122.03, 5122.04, 5122.31, 5123.01, 5123.046, 5123.047, | 68236 |
| 5123.049, 5123.0412, 5123.19, 5123.196, 5123.20, 5123.34, | 68237 |
| 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, | 68238 |
| 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, | 68239 |
| 5502.01, 5502.03, 5517.02, 5540.01, 5540.09, 5543.19, 5549.01, | 68240 |
| 5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 5703.47, 5703.50, | 68241 |
| 5703.70, 5703.80, 5705.02, 5705.091, 5705.214, 5705.29, 5705.391, | 68242 |
| 5705.392, 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 5709.78, | 68243 |
| 5711.21, 5711.22, 5713.08, 5715.24, 5719.041, 5725.19, 5727.01, | 68244 |
| 5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, | 68245 |
| 5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, | 68246 |
| 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, | 68247 |
| 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, | 68248 |
| 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, | 68249 |
| 5733.49, 5739.01, 5739.02, 5739.025, 5739.10, 5741.02, 5743.01, | 68250 |
| 5743.02, 5743.025, 5743.03, 5743.04, 5743.05, 5743.071, 5743.08, | 68251 |
| 5743.081, 5743.12, 5743.13, 5743.14, 5743.15, 5743.16, 5743.18, | 68252 |
| 5743.19, 5743.20, 5743.32, 5743.33, 5743.34, 5743.35, 5743.51, | 68253 |
| 5743.62, 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, 5747.331, | 68254 |
| 5747.70, 5747.80, 5747.98, 5749.02, 5919.33, 5920.01, 6109.21, and | 68255 |
| 6111.02 of the Revised Code are hereby repealed. | 68256 |
| Section 105.01. That sections 181.53, 339.77, 742.36, | 68257 |
| 1541.221, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, | 68258 |
| 3301.38, 3301.80, 3301.85, 3301.87, 3311.40, 3317.0213, 3353.02, | 68259 |
| 3353.03, 3353.04, 3721.511, 3901.781, 3901.782, 3901.783, | 68260 |
| 3901.784, 5101.751, 5101.753, 5101.754, 5111.041, 5111.205, | 68261 |
| 5111.262, 5111.34, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, | 68262 |
| 5123.041, 5123.048, 5571.13, 5731.20, 5733.122, and 6111.028 of | 68263 |
| the Revised Code are hereby repealed. | 68264 |
| Section 120.07. That sections 3215.18, 5101.35, 5101.80, | 68265 |
| 5101.801, and 5153.16 of the Revised Code be further amended to | 68266 |
| read as follows: | 68267 |
| Sec. 3125.18. A child support enforcement agency shall | 68268 |
| administer a Title IV-A program identified under division | 68269 |
|
(A) | 68270 |
| the department of job and family services provides for the agency | 68271 |
| to administer under the department's supervision pursuant to | 68272 |
| section 5101.801 of the Revised Code. | 68273 |
| Sec. 5101.35. (A) As used in this section: | 68274 |
| (1) "Agency" means the following entities that administer a | 68275 |
| family services program: | 68276 |
| (a) The department of job and family services; | 68277 |
| (b) A county department of job and family services; | 68278 |
| (c) A public children services agency; | 68279 |
| (d) A private or government entity administering, in whole or | 68280 |
| in part, a family services program for or on behalf of the | 68281 |
| department of job and family services or a county department of | 68282 |
| job and family services or public children services agency. | 68283 |
| (2) "Appellant" means an applicant, participant, former | 68284 |
| participant, recipient, or former recipient of a family services | 68285 |
| program who is entitled by federal or state law to a hearing | 68286 |
| regarding a decision or order of the agency that administers the | 68287 |
| program. | 68288 |
| (3) "Family services program" means assistance provided under | 68289 |
| a Title IV-A program as defined in section 5101.80 of the Revised | 68290 |
| Code or under Chapter 5104., 5111., or 5115. or section 173.35, | 68291 |
| 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the | 68292 |
| Revised Code, other than assistance provided under section 5101.46 | 68293 |
| of the Revised Code by the department of mental health, the | 68294 |
| department of mental retardation and developmental disabilities, a | 68295 |
| board of alcohol, drug addiction, and mental health services, or a | 68296 |
| county board of mental retardation and developmental disabilities. | 68297 |
| (B) Except as provided by division (G) of this section, an | 68298 |
| appellant who appeals under federal or state law a decision or | 68299 |
| order of an agency administering a family services program shall, | 68300 |
| at the appellant's request, be granted a state hearing by the | 68301 |
| department of job and family services. This state hearing shall be | 68302 |
| conducted in accordance with rules adopted under this section. The | 68303 |
| state hearing shall be tape-recorded, but neither the recording | 68304 |
| nor a transcript of the recording shall be part of the official | 68305 |
| record of the proceeding. A state hearing decision is binding upon | 68306 |
| the agency and department, unless it is reversed or modified on | 68307 |
| appeal to the director of job and family services or a court of | 68308 |
| common pleas. | 68309 |
| (C) Except as provided by division (G) of this section, an | 68310 |
| appellant who disagrees with a state hearing decision may make an | 68311 |
| administrative appeal to the director of job and family services | 68312 |
| in accordance with rules adopted under this section. This | 68313 |
| administrative appeal does not require a hearing, but the director | 68314 |
| or the director's designee shall review the state hearing decision | 68315 |
| and previous administrative action and may affirm, modify, remand, | 68316 |
| or reverse the state hearing decision. Any person designated to | 68317 |
| make an administrative appeal decision on behalf of the director | 68318 |
| shall have been admitted to the practice of law in this state. An | 68319 |
| administrative appeal decision is the final decision of the | 68320 |
| department and is binding upon the department and agency, unless | 68321 |
| it is reversed or modified on appeal to the court of common pleas. | 68322 |
| (D) An agency shall comply with a decision issued pursuant to | 68323 |
| division (B) or (C) of this section within the time limits | 68324 |
| established by rules adopted under this section. If a county | 68325 |
| department of job and family services or a public children | 68326 |
| services agency fails to comply within these time limits, the | 68327 |
| department may take action pursuant to section 5101.24 of the | 68328 |
| Revised Code. If another agency fails to comply within the time | 68329 |
| limits, the department may force compliance by withholding funds | 68330 |
| due the agency or imposing another sanction established by rules | 68331 |
| adopted under this section. | 68332 |
| (E) An appellant who disagrees with an administrative appeal | 68333 |
| decision of the director of job and family services or the | 68334 |
| director's designee issued under division (C) of this section may | 68335 |
| appeal from the decision to the court of common pleas pursuant to | 68336 |
| section 119.12 of the Revised Code. The appeal shall be governed | 68337 |
| by section 119.12 of the Revised Code except that: | 68338 |
| (1) The person may appeal to the court of common pleas of the | 68339 |
| county in which the person resides, or to the court of common | 68340 |
| pleas of Franklin county if the person does not reside in this | 68341 |
| state. | 68342 |
| (2) The person may apply to the court for designation as an | 68343 |
| indigent and, if the court grants this application, the appellant | 68344 |
| shall not be required to furnish the costs of the appeal. | 68345 |
| (3) The appellant shall mail the notice of appeal to the | 68346 |
| department of job and family services and file notice of appeal | 68347 |
| with the court within thirty days after the department mails the | 68348 |
| administrative appeal decision to the appellant. For good cause | 68349 |
| shown, the court may extend the time for mailing and filing notice | 68350 |
| of appeal, but such time shall not exceed six months from the date | 68351 |
| the department mails the administrative appeal decision. Filing | 68352 |
| notice of appeal with the court shall be the only act necessary to | 68353 |
| vest jurisdiction in the court. | 68354 |
| (4) The department shall be required to file a transcript of | 68355 |
| the testimony of the state hearing with the court only if the | 68356 |
| court orders the department to file the transcript. The court | 68357 |
| shall make such an order only if it finds that the department and | 68358 |
| the appellant are unable to stipulate to the facts of the case and | 68359 |
| that the transcript is essential to a determination of the appeal. | 68360 |
| The department shall file the transcript not later than thirty | 68361 |
| days after the day such an order is issued. | 68362 |
| (F) The department of job and family services shall adopt | 68363 |
| rules in accordance with Chapter 119. of the Revised Code to | 68364 |
| implement this section, including rules governing the following: | 68365 |
| (1) State hearings under division (B) of this section. The | 68366 |
| rules shall include provisions regarding notice of eligibility | 68367 |
| termination and the opportunity of an appellant appealing a | 68368 |
| decision or order of a county department of job and family | 68369 |
| services to request a county conference with the county department | 68370 |
| before the state hearing is held. | 68371 |
| (2) Administrative appeals under division (C) of this | 68372 |
| section; | 68373 |
| (3) Time limits for complying with a decision issued under | 68374 |
| division (B) or (C) of this section; | 68375 |
| (4) Sanctions that may be applied against an agency under | 68376 |
| division (D) of this section. | 68377 |
| (G) The department of job and family services may adopt rules | 68378 |
| in accordance with Chapter 119. of the Revised Code establishing | 68379 |
| an appeals process for an appellant who appeals a decision or | 68380 |
| order regarding a Title IV-A program identified under division | 68381 |
|
(A) | 68382 |
| Revised Code that is different from the appeals process | 68383 |
| established by this section. The different appeals process may | 68384 |
| include having a state agency that administers the Title IV-A | 68385 |
| program pursuant to an interagency agreement entered into under | 68386 |
| section 5101.801 of the Revised Code administer the appeals | 68387 |
| process. | 68388 |
| (H) The requirements of Chapter 119. of the Revised Code | 68389 |
| apply to a state hearing or administrative appeal under this | 68390 |
| section only to the extent, if any, specifically provided by rules | 68391 |
| adopted under this section. | 68392 |
| Sec. 5101.80. (A) As used in this section and in section | 68393 |
| 5101.801 of the Revised Code: | 68394 |
| (1) "County family services agency" has the same meaning as | 68395 |
| in section 307.981 of the Revised Code. | 68396 |
| (2) "State agency" has the same meaning as in section 9.82 of | 68397 |
| the Revised Code. | 68398 |
| (3) "Title IV-A administrative agency" means both of the | 68399 |
| following: | 68400 |
| (a) A county family services agency or state agency | 68401 |
| administering a Title IV-A program under the supervision of the | 68402 |
| department of job and family services; | 68403 |
| (b) A government agency or private, not-for-profit entity | 68404 |
| administering a project funded in whole or in part with funds | 68405 |
| provided under the Title IV-A demonstration program created under | 68406 |
| section 5101.803 of the Revised Code. | 68407 |
| (4) "Title IV-A program" means all of the following that are | 68408 |
| funded in part with funds provided under the temporary assistance | 68409 |
| for needy families block grant established by Title IV-A of the | 68410 |
| "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as | 68411 |
| amended: | 68412 |
| (a) The Ohio works first program established under Chapter | 68413 |
| 5107. of the Revised Code; | 68414 |
| (b) The prevention, retention, and contingency program | 68415 |
| established under Chapter 5108. of the Revised Code; | 68416 |
| (c) A program established by the general assembly or an | 68417 |
| executive order issued by the governor that is administered or | 68418 |
| supervised by the department of job and family services pursuant | 68419 |
| to section 5101.801 of the Revised Code; | 68420 |
| (d) The kinship caregiver subsidy program created under | 68421 |
| section 5101.802 of the Revised Code; | 68422 |
| (e) The Title IV-A demonstration program created under | 68423 |
| section 5101.803 of the Revised Code; | 68424 |
| (f) A component of a Title IV-A program identified under | 68425 |
|
divisions (A) | 68426 |
| IV-A state plan prepared under division (C)(1) of this section | 68427 |
| identifies as a component. | 68428 |
| (B) The department of job and family services shall act as | 68429 |
| the single state agency to administer and supervise the | 68430 |
| administration of Title IV-A programs. The Title IV-A state plan | 68431 |
| and amendments to the plan prepared under division (C) of this | 68432 |
|
section are binding on | 68433 |
| 68434 | |
| agencies. No | 68435 |
| 68436 | |
| establish, by rule or otherwise, a policy governing | 68437 |
| IV-A program that is inconsistent with a Title IV-A program policy | 68438 |
| established, in rule or otherwise, by the director of job and | 68439 |
| family services. | 68440 |
| (C) The department of job and family services shall do all of | 68441 |
| the following: | 68442 |
| (1) Prepare and submit to the United States secretary of | 68443 |
| health and human services a Title IV-A state plan for Title IV-A | 68444 |
| programs; | 68445 |
| (2) Prepare and submit to the United States secretary of | 68446 |
| health and human services amendments to the Title IV-A state plan | 68447 |
| that the department determines necessary, including amendments | 68448 |
|
necessary to implement Title IV-A programs identified in | 68449 |
| divisions
(A) | 68450 |
| (3) Prescribe forms for applications, certificates, reports, | 68451 |
|
records, and accounts of | 68452 |
| 68453 | |
| agencies, and other matters related to Title IV-A programs; | 68454 |
| (4) Make such reports, in such form and containing such | 68455 |
| information as the department may find necessary to assure the | 68456 |
| correctness and verification of such reports, regarding Title IV-A | 68457 |
| programs; | 68458 |
| (5) Require reports and information from each | 68459 |
| 68460 | |
| 68461 | |
| regarding
| 68462 |
| (6) Afford a fair hearing in accordance with section 5101.35 | 68463 |
| of the Revised Code to any applicant for, or participant or former | 68464 |
| participant of, a Title IV-A program aggrieved by a decision | 68465 |
| regarding the program; | 68466 |
| (7) Administer and expend, pursuant to Chapters 5104., 5107., | 68467 |
| and
5108. of the Revised Code
and sections 5101.801 | 68468 |
| and 5101.803 of the Revised Code, any sums appropriated by the | 68469 |
| general assembly for the purpose of those chapters and sections | 68470 |
| and all sums paid to the state by the secretary of the treasury of | 68471 |
| the United States as authorized by Title IV-A of the "Social | 68472 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended; | 68473 |
| (8) Conduct investigations and audits as are necessary | 68474 |
| regarding Title IV-A programs; | 68475 |
| (9) Enter into reciprocal agreements with other states | 68476 |
| relative to the provision of Ohio works first and prevention, | 68477 |
| retention, and contingency to residents and nonresidents; | 68478 |
| (10) Contract with a private entity to conduct an independent | 68479 |
| on-going evaluation of the Ohio works first program and the | 68480 |
| prevention, retention, and contingency program. The contract must | 68481 |
| require the private entity to do all of the following: | 68482 |
| (a) Examine issues of process, practice, impact, and | 68483 |
| outcomes; | 68484 |
| (b) Study former participants of Ohio works first who have | 68485 |
| not participated in Ohio works first for at least one year to | 68486 |
| determine whether they are employed, the type of employment in | 68487 |
| which they are engaged, the amount of compensation they are | 68488 |
| receiving, whether their employer provides health insurance, | 68489 |
| whether and how often they have received benefits or services | 68490 |
| under the prevention, retention, and contingency program, and | 68491 |
| whether they are successfully self sufficient; | 68492 |
| (c) Provide the department with reports at times the | 68493 |
| department specifies. | 68494 |
| (11) Not later than January 1, 2001, and the first day of | 68495 |
| each January and July thereafter, prepare a report containing | 68496 |
| information on the following: | 68497 |
| (a) Individuals exhausting the time limits for participation | 68498 |
| in Ohio works first set forth in section 5107.18 of the Revised | 68499 |
| Code. | 68500 |
| (b) Individuals who have been exempted from the time limits | 68501 |
| set forth in section 5107.18 of the Revised Code and the reasons | 68502 |
| for the exemption. | 68503 |
| | 68504 |
| 68505 | |
| 68506 | |
| 68507 | |
| 68508 | |
| 68509 | |
| 68510 | |
| 68511 | |
| 68512 | |
| 68513 |
| | 68514 |
| 68515 | |
| 68516 | |
| 68517 |
| (D) The department shall provide copies of the reports it | 68518 |
| receives under division (C)(10) of this section and prepares under | 68519 |
| 68520 | |
| governor, the president and minority leader of the senate, and the | 68521 |
| speaker and minority leader of the house of representatives. The | 68522 |
| department shall provide copies of the reports to any private or | 68523 |
| government entity on request. | 68524 |
| (E) An authorized representative of the department or a | 68525 |
| county family services agency or state agency administering a | 68526 |
| Title IV-A program shall have access to all records and | 68527 |
| information bearing thereon for the purposes of investigations | 68528 |
| conducted pursuant to this section. An authorized representative | 68529 |
| of a government entity or private, not-for-profit entity | 68530 |
| administering a project funded in whole or in part with funds | 68531 |
| provided under the Title IV-A demonstration program shall have | 68532 |
| access to all records and information bearing on the project for | 68533 |
| the purpose of investigations conducted pursuant to this section. | 68534 |
| Sec. 5101.801. (A) Except as otherwise provided by the law | 68535 |
| enacted by the general assembly or executive order issued by the | 68536 |
| governor establishing the Title IV-A program, a Title IV-A program | 68537 |
|
identified under division (A) | 68538 |
| 5101.80 of the Revised Code shall provide benefits and services | 68539 |
| that are not "assistance" as defined in 45 C.F.R. 260.31(a) and | 68540 |
| are benefits and services that 45 C.F.R. 260.31(b) excludes from | 68541 |
| the definition of assistance. | 68542 |
| (B)(1) Except as otherwise provided by the law enacted by the | 68543 |
| general assembly or executive order issued by the governor | 68544 |
| establishing the Title IV-A program, the department of job and | 68545 |
| family services shall do either of the following regarding a Title | 68546 |
|
IV-A program identified under division (A) | 68547 |
| (f) of section 5101.80 of the Revised Code: | 68548 |
| | 68549 |
| services agency's administration of the program; | 68550 |
| | 68551 |
| agency for the state agency to administer the program under the | 68552 |
| department's supervision. | 68553 |
| (2) The department may enter into an agreement with a | 68554 |
| government entity and, to the extent permitted by federal law, a | 68555 |
| private, not-for-profit entity for the entity to receive funding | 68556 |
| for a project under the Title IV-A demonstration program. | 68557 |
| (C) | 68558 |
| 68559 | |
| 68560 | |
| 68561 | |
| rules
governing | 68562 |
| divisions (A)(4)(c), (e), and (f) of section 5101.80 of the | 68563 |
| Revised Code. Rules governing financial and operational matters of | 68564 |
| the department or between the department and | 68565 |
| services | 68566 |
| rules adopted in accordance with section 111.15 of the Revised | 68567 |
| Code. All other rules shall be adopted in accordance with Chapter | 68568 |
| 119. of the Revised Code. | 68569 |
| (D) If the department enters into an | 68570 |
| regarding a Title IV-A program identified under division | 68571 |
| (A) | 68572 |
| Code pursuant to division (B)(1)(b) or (2) of this section, the | 68573 |
| agreement shall include at least all of the following: | 68574 |
| (1) A requirement that the state agency or entity comply with | 68575 |
| the requirements for the program or project, including all of the | 68576 |
| following requirements established by federal statutes and | 68577 |
| regulations, state statutes and rules, the United States office of | 68578 |
| management and budget, and the Title IV-A state plan prepared | 68579 |
| under section 5101.80 of the Revised Code: | 68580 |
| (a) Eligibility; | 68581 |
| (b) Reports; | 68582 |
| (c) Benefits and services; | 68583 |
| (d) Use of funds; | 68584 |
| (e) Appeals for applicants for, and recipients and former | 68585 |
| recipients of, the benefits and services; | 68586 |
| (f) Audits. | 68587 |
| (2) A complete description of all of the following: | 68588 |
| (a) The benefits and services that the program or project is | 68589 |
| to provide; | 68590 |
| (b) The methods of program or project administration; | 68591 |
| (c) The appeals process under section 5101.35 of the Revised | 68592 |
| Code for applicants for, and recipients and former recipients of, | 68593 |
|
the | 68594 |
| (d) Other | 68595 |
| department requires be included. | 68596 |
| (3) Procedures for the department to approve a policy, | 68597 |
| established by rule or otherwise, that the state agency or entity | 68598 |
| establishes for the program or project before the policy is | 68599 |
| established; | 68600 |
| (4) Provisions regarding how the department is to reimburse | 68601 |
| the state agency or entity for allowable expenditures under the | 68602 |
| program or project that the department approves, including all of | 68603 |
| the following: | 68604 |
| (a) Limitations on administrative costs; | 68605 |
| (b) The department, at its discretion, | 68606 |
| either of the following: | 68607 |
| (i) Withholding no more than five per cent of the funds that | 68608 |
| the department would otherwise provide to the state agency or | 68609 |
| entity for the program or | 68610 |
| (ii) Charging the state agency or entity for the costs to the | 68611 |
| department of performing, or contracting for the performance of, | 68612 |
| audits and other administrative functions associated with the | 68613 |
| program or project. | 68614 |
| (5) If the state agency or entity arranges by contract, | 68615 |
| grant, or other agreement for another entity to perform a function | 68616 |
| the state agency or entity would otherwise perform regarding the | 68617 |
| program or project, the state
| 68618 |
| responsibilities for both of the following: | 68619 |
| (a) Ensuring that the other entity complies with the | 68620 |
| 68621 | |
| department and federal statutes and regulations and state statutes | 68622 |
| and rules governing the use of funds for the program or project; | 68623 |
| (b) Auditing the other entity in accordance with requirements | 68624 |
| established by the United States office of management and budget. | 68625 |
| (6) The state | 68626 |
| regarding the prompt payment, including any interest assessed, of | 68627 |
| any adverse audit finding, final disallowance of federal funds, or | 68628 |
| other sanction or penalty imposed by the federal government, | 68629 |
| auditor of state, department, a court, or other entity regarding | 68630 |
| funds for the program or project; | 68631 |
| (7) Provisions for the department to terminate the | 68632 |
| 68633 | |
| agency or entity if either of the following occur: | 68634 |
| (a) The federal government disapproves the program or project | 68635 |
| or reduces federal funds for the program or project; | 68636 |
| (b) The state agency or entity fails to comply with the terms | 68637 |
| of the
| 68638 |
| (8) Provisions for both of the following: | 68639 |
| (a) The department and state agency or entity determining the | 68640 |
| performance outcomes expected for the program or project; | 68641 |
| (b) An evaluation of the program or project to determine its | 68642 |
| success in achieving the performance outcomes determined under | 68643 |
| division (D)(8)(a) of this section. | 68644 |
| (E) To the extent consistent with the law enacted by the | 68645 |
| general assembly or executive order issued by the governor | 68646 |
| establishing the Title IV-A program and subject to the approval of | 68647 |
| the director of budget and management, the director of job and | 68648 |
| family services may terminate a Title IV-A program identified | 68649 |
|
under division (A) | 68650 |
| the Revised Code or reduce funding for the program if the director | 68651 |
| of job and family services determines that federal or state funds | 68652 |
| are insufficient to fund the program. If the director of budget | 68653 |
| and management approves the termination or reduction in funding | 68654 |
| for such a program, the director of job and family services shall | 68655 |
| issue instructions for the termination or funding reduction. If a | 68656 |
| 68657 | |
| agency is administering the
program, the | 68658 |
| 68659 | |
| reduction and shall comply with the director's instructions. | 68660 |
| (F) The director of job and family services may adopt | 68661 |
| internal management rules in accordance with section 111.15 of the | 68662 |
| Revised Code as necessary to implement this section. The rules are | 68663 |
| binding on each | 68664 |
| 68665 | |
| 68666 | |
| 68667 |
| Sec. 5153.16. (A) Except as provided in section 2151.422 of | 68668 |
| the Revised Code, in accordance with rules of the department of | 68669 |
| job and family services, and on behalf of children in the county | 68670 |
| whom the public children services agency considers to be in need | 68671 |
| of public care or protective services, the public children | 68672 |
| services agency shall do all of the following: | 68673 |
| (1) Make an investigation concerning any child alleged to be | 68674 |
| an abused, neglected, or dependent child; | 68675 |
| (2) Enter into agreements with the parent, guardian, or other | 68676 |
| person having legal custody of any child, or with the department | 68677 |
| of job and family services, department of mental health, | 68678 |
| department of mental retardation and developmental disabilities, | 68679 |
| other department, any certified organization within or outside the | 68680 |
| county, or any agency or institution outside the state, having | 68681 |
| legal custody of any child, with respect to the custody, care, or | 68682 |
| placement of any child, or with respect to any matter, in the | 68683 |
| interests of the child, provided the permanent custody of a child | 68684 |
| shall not be transferred by a parent to the public children | 68685 |
| services agency without the consent of the juvenile court; | 68686 |
| (3) Accept custody of children committed to the public | 68687 |
| children services agency by a court exercising juvenile | 68688 |
| jurisdiction; | 68689 |
| (4) Provide such care as the public children services agency | 68690 |
| considers to be in the best interests of any child adjudicated to | 68691 |
| be an abused, neglected, or dependent child the agency finds to be | 68692 |
| in need of public care or service; | 68693 |
| (5) Provide social services to any unmarried girl adjudicated | 68694 |
| to be an abused, neglected, or dependent child who is pregnant | 68695 |
| with or has been delivered of a child; | 68696 |
| (6) Make available to the bureau for children with medical | 68697 |
| handicaps of the department of health at its request any | 68698 |
| information concerning a crippled child found to be in need of | 68699 |
| treatment under sections 3701.021 to 3701.028 of the Revised Code | 68700 |
| who is receiving services from the public children services | 68701 |
| agency; | 68702 |
| (7) Provide temporary emergency care for any child considered | 68703 |
| by the public children services agency to be in need of such care, | 68704 |
| without agreement or commitment; | 68705 |
| (8) Find certified foster homes, within or outside the | 68706 |
| county, for the care of children, including handicapped children | 68707 |
| from other counties attending special schools in the county; | 68708 |
| (9) Subject to the approval of the board of county | 68709 |
| commissioners and the state department of job and family services, | 68710 |
| establish and operate a training school or enter into an agreement | 68711 |
| with any municipal corporation or other political subdivision of | 68712 |
| the county respecting the operation, acquisition, or maintenance | 68713 |
| of any children's home, training school, or other institution for | 68714 |
| the care of children maintained by such municipal corporation or | 68715 |
| political subdivision; | 68716 |
| (10) Acquire and operate a county children's home, establish, | 68717 |
| maintain, and operate a receiving home for the temporary care of | 68718 |
| children, or procure certified foster homes for this purpose; | 68719 |
| (11) Enter into an agreement with the trustees of any | 68720 |
| district children's home, respecting the operation of the district | 68721 |
| children's home in cooperation with the other county boards in the | 68722 |
| district; | 68723 |
| (12) Cooperate with, make its services available to, and act | 68724 |
| as the agent of persons, courts, the department of job and family | 68725 |
| services, the department of health, and other organizations within | 68726 |
| and outside the state, in matters relating to the welfare of | 68727 |
| children, except that the public children services agency shall | 68728 |
| not be required to provide supervision of or other services | 68729 |
| related to the exercise of parenting time rights granted pursuant | 68730 |
| to section 3109.051 or 3109.12 of the Revised Code or | 68731 |
| companionship or visitation rights granted pursuant to section | 68732 |
| 3109.051, 3109.11, or 3109.12 of the Revised Code unless a | 68733 |
| juvenile court, pursuant to Chapter 2151. of the Revised Code, or | 68734 |
| a common pleas court, pursuant to division (E)(6) of section | 68735 |
| 3113.31 of the Revised Code, requires the provision of supervision | 68736 |
| or other services related to the exercise of the parenting time | 68737 |
| rights or companionship or visitation rights; | 68738 |
| (13) Make investigations at the request of any superintendent | 68739 |
| of schools in the county or the principal of any school concerning | 68740 |
| the application of any child adjudicated to be an abused, | 68741 |
| neglected, or dependent child for release from school, where such | 68742 |
| service is not provided through a school attendance department; | 68743 |
| (14) Administer funds provided under Title IV-E of the | 68744 |
| "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as | 68745 |
| amended, in accordance with rules adopted under section 5101.141 | 68746 |
| of the Revised Code; | 68747 |
| (15) In addition to administering Title IV-E adoption | 68748 |
| assistance funds, enter into agreements to make adoption | 68749 |
| assistance payments under section 5153.163 of the Revised Code; | 68750 |
| (16) Implement a system of risk assessment, in accordance | 68751 |
| with rules adopted by the director of job and family services, to | 68752 |
| assist the public children services agency in determining the risk | 68753 |
| of abuse or neglect to a child; | 68754 |
| (17) Enter into a plan of cooperation with the board of | 68755 |
| county commissioners under section 307.983 of the Revised Code and | 68756 |
| comply with each fiscal agreement the board enters into under | 68757 |
| section 307.98 of the Revised Code that include family services | 68758 |
| duties of public children services agencies and contracts the | 68759 |
| board enters into under sections 307.981 and 307.982 of the | 68760 |
| Revised Code that affect the public children services agency; | 68761 |
| (18) Make reasonable efforts to prevent the removal of an | 68762 |
| alleged or adjudicated abused, neglected, or dependent child from | 68763 |
| the child's home, eliminate the continued removal of the child | 68764 |
| from the child's home, or make it possible for the child to return | 68765 |
| home safely, except that reasonable efforts of that nature are not | 68766 |
| required when a court has made a determination under division | 68767 |
| (A)(2) of section 2151.419 of the Revised Code; | 68768 |
| (19) Make reasonable efforts to place the child in a timely | 68769 |
| manner in accordance with the permanency plan approved under | 68770 |
| division (E) of section 2151.417 of the Revised Code and to | 68771 |
| complete whatever steps are necessary to finalize the permanent | 68772 |
| placement of the child; | 68773 |
| (20) Administer a Title IV-A program identified under | 68774 |
|
division (A) | 68775 |
| Revised Code that the department of job and family services | 68776 |
| provides for the public children services agency to administer | 68777 |
| under the department's supervision pursuant to section 5101.801 of | 68778 |
| the Revised Code; | 68779 |
| (21) Administer the kinship caregiver subsidy program created | 68780 |
| under section 5101.802 of the Revised Code under the supervision | 68781 |
| of the director of job and family services; | 68782 |
| (22) Provide independent living services pursuant to sections | 68783 |
| 2151.81 to 2151.84 of the Revised Code. | 68784 |
| (B) The public children services agency shall use the system | 68785 |
| implemented pursuant to division (B)(16) of this section in | 68786 |
| connection with an investigation undertaken pursuant to division | 68787 |
| (F)(1) of section 2151.421 of the Revised Code and may use the | 68788 |
| system at any other time the agency is involved with any child | 68789 |
| when the agency determines that risk assessment is necessary. | 68790 |
| (C) Except as provided in section 2151.422 of the Revised | 68791 |
| Code, in accordance with rules of the director of job and family | 68792 |
| services, and on behalf of children in the county whom the public | 68793 |
| children services agency considers to be in need of public care or | 68794 |
| protective services, the public children services agency may do | 68795 |
| the following: | 68796 |
| (1) Provide or find, with other child serving systems, | 68797 |
| specialized foster care for the care of children in a specialized | 68798 |
| foster home, as defined in section 5103.02 of the Revised Code, | 68799 |
| certified under section 5103.03 of the Revised Code; | 68800 |
| (2)(a) Except as limited by divisions (C)(2)(b) and (c) of | 68801 |
| this section, contract with the following for the purpose of | 68802 |
| assisting the agency with its duties: | 68803 |
| (i) County departments of job and family services; | 68804 |
| (ii) Boards of alcohol, drug addiction, and mental health | 68805 |
| services; | 68806 |
| (iii) County boards of mental retardation and developmental | 68807 |
| disabilities; | 68808 |
| (iv) Regional councils of political subdivisions established | 68809 |
| under Chapter 167. of the Revised Code; | 68810 |
| (v) Private and government providers of services; | 68811 |
| (vi) Managed care organizations and prepaid health plans. | 68812 |
| (b) A public children services agency contract under division | 68813 |
| (C)(2)(a) of this section regarding the agency's duties under | 68814 |
| section 2151.421 of the Revised Code may not provide for the | 68815 |
| entity under contract with the agency to perform any service not | 68816 |
| authorized by the department's rules. | 68817 |
| (c) Only a county children services board appointed under | 68818 |
| section 5153.03 of the Revised Code that is a public children | 68819 |
| services agency may contract under division (C)(2)(a) of this | 68820 |
| section. If an entity specified in division (B) or (C) of section | 68821 |
| 5153.02 of the Revised Code is the public children services agency | 68822 |
| for a county, the board of county commissioners may enter into | 68823 |
| contracts pursuant to section 307.982 of the Revised Code | 68824 |
| regarding the agency's duties. | 68825 |
| Section 120.08. That existing sections 3215.18, 5101.35, | 68826 |
| 5101.80, 5101.801, and 5153.16 of the Revised Code are hereby | 68827 |
| repealed. | 68828 |
| Section 120.09. The amendments in sections 120.07 and 120.08 | 68829 |
| of this act take effect as specified in division (B) of section | 68830 |
| 612.51 of this act. | 68831 |
| Section 200.01. Except as otherwise provided, all | 68832 |
| appropriation items (AI) in this act are appropriated out of any | 68833 |
| moneys in the state treasury to the credit of the designated fund | 68834 |
| that are not otherwise appropriated. For all appropriations made | 68835 |
| in this act, the amounts in the first column are for fiscal year | 68836 |
| 2006 and the amounts in the second column are for fiscal year | 68837 |
| 2007. | 68838 |
| FND | AI | AI TITLE | APPROPRIATIONS | 68839 |
| Section 203.03. ACC ACCOUNTANCY BOARD OF OHIO | 68840 |
| General Services Fund Group | 68841 |
| 4J8 | 889-601 | CPA Education Assistance | $ | 209,510 | $ | 209,510 | 68842 | ||||
| 4K9 | 889-609 | Operating Expenses | $ | 1,069,776 | $ | 1,069,776 | 68843 | ||||
| TOTAL GSF General Services Fund | 68844 | ||||||||||
| Group | $ | 1,279,286 | $ | 1,279,286 | 68845 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,279,286 | $ | 1,279,286 | 68846 | ||||||
| Section 203.06. PAY ACCRUED LEAVE LIABILITY | 68848 |
| Accrued Leave Liability Fund Group | 68849 |
| 806 | 995-666 | Accrued Leave Fund | $ | 68,846,630 | $ | 77,950,372 | 68850 | ||||
| 807 | 995-667 | Disability Fund | $ | 48,057,723 | $ | 50,955,496 | 68851 | ||||
| TOTAL ALF Accrued Leave Liability | 68852 | ||||||||||
| Fund Group | $ | 116,904,353 | $ | 128,905,868 | 68853 | ||||||
| Agency Fund Group | 68854 |
| 808 | 995-668 | State Employee Health Benefit Fund | $ | 480,879,258 | $ | 550,922,742 | 68855 | ||||
| 809 | 995-669 | Dependent Care Spending Account | $ | 2,801,543 | $ | 2,969,635 | 68856 | ||||
| 810 | 995-670 | Life Insurance Investment Fund | $ | 1,943,789 | $ | 2,031,381 | 68857 | ||||
| 811 | 995-671 | Parental Leave Benefit Fund | $ | 4,040,434 | $ | 4,282,860 | 68858 | ||||
| 813 | 995-672 | Health Care Spending Account | $ | 8,000,000 | $ | 12,000,000 | 68859 | ||||
| TOTAL AGY Agency Fund Group | $ | 497,665,024 | $ | 572,206,618 | 68860 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 614,569,377 | $ | 701,112,486 | 68861 |
| ACCRUED LEAVE LIABILITY FUND | 68862 |
| The foregoing appropriation item 995-666, Accrued Leave Fund, | 68863 |
| shall be used to make payments from the Accrued Leave Liability | 68864 |
| Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 68865 |
| If it is determined by the Director of Budget and Management that | 68866 |
| additional amounts are necessary, the amounts are appropriated. | 68867 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 68868 |
| The foregoing appropriation item 995-667, Disability Fund, | 68869 |
| shall be used to make payments from the State Employee Disability | 68870 |
| Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 68871 |
| Revised Code. If it is determined by the Director of Budget and | 68872 |
| Management that additional amounts are necessary, the amounts are | 68873 |
| appropriated. | 68874 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 68875 |
| The foregoing appropriation item 995-668, State Employee | 68876 |
| Health Benefit Fund, shall be used to make payments from the State | 68877 |
| Employee Health Benefit Fund (Fund 808), pursuant to section | 68878 |
| 124.87 of the Revised Code. If it is determined by the Director of | 68879 |
| Budget and Management that additional amounts are necessary, the | 68880 |
| amounts are appropriated. | 68881 |
| Effective July 1, 2005, or as soon thereafter as possible, | 68882 |
| the Director of Budget and Management may transfer up to $70,000 | 68883 |
| in cash from the General Revenue Fund to the State Employee Health | 68884 |
| Benefit Fund (Fund 808). The amount of the transfer shall not | 68885 |
| exceed the amount of cash transferred from the State Employee | 68886 |
| Health Benefit Fund to the Health Care Spending Account Fund (Fund | 68887 |
| 813) during fiscal year 2005. | 68888 |
| DEPENDENT CARE SPENDING ACCOUNT | 68889 |
| The foregoing appropriation item 995-669, Dependent Care | 68890 |
| Spending Account, shall be used to make payments from the | 68891 |
| Dependent Care Spending Account (Fund 809) to employees eligible | 68892 |
| for dependent care expenses. If it is determined by the Director | 68893 |
| of Budget and Management that additional amounts are necessary, | 68894 |
| the amounts are appropriated. | 68895 |
| LIFE INSURANCE INVESTMENT FUND | 68896 |
| The foregoing appropriation item 995-670, Life Insurance | 68897 |
| Investment Fund, shall be used to make payments from the Life | 68898 |
| Insurance Investment Fund (Fund 810) for the costs and expenses of | 68899 |
| the state's life insurance benefit program pursuant to section | 68900 |
| 125.212 of the Revised Code. If it is determined by the Director | 68901 |
| of Budget and Management that additional amounts are necessary, | 68902 |
| the amounts are appropriated. | 68903 |
| PARENTAL LEAVE BENEFIT FUND | 68904 |
| The foregoing appropriation item 995-671, Parental Leave | 68905 |
| Benefit Fund, shall be used to make payments from the Parental | 68906 |
| Leave Benefit Fund (Fund 811) to employees eligible for parental | 68907 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 68908 |
| it is determined by the Director of Budget and Management that | 68909 |
| additional amounts are necessary, the amounts are appropriated. | 68910 |
| HEALTH CARE SPENDING ACCOUNT | 68911 |
| There is hereby established in the State Treasury the Health | 68912 |
| Care Spending Account Fund (Fund 813). The foregoing appropriation | 68913 |
| item 995-672, Health Care Spending Account, shall be used to make | 68914 |
| payments from the fund. The fund shall be under the supervision of | 68915 |
| the Department of Administrative Services and shall be used to | 68916 |
| make payments pursuant to state employees' participation in a | 68917 |
| flexible spending account for non-reimbursed health care expenses | 68918 |
| and pursuant to Section 125 of the Internal Revenue Code. All | 68919 |
| income derived from the investment of the fund shall accrue to the | 68920 |
| fund. If it is determined by the Director of Administrative | 68921 |
| Services that additional appropriation amounts are necessary, the | 68922 |
| Director of Administrative Services may request that the Director | 68923 |
| of Budget and Management increase such amounts. Such amounts are | 68924 |
| hereby appropriated. | 68925 |
| At the request of the Director of Administrative Services, | 68926 |
| the Director of Budget and Management shall transfer up to | 68927 |
| $400,000 from the State Employee Health Benefit Fund (Fund 808) to | 68928 |
| the Health Care Spending Account Fund during fiscal years 2006 and | 68929 |
| 2007. This cash shall be transferred as needed to provide adequate | 68930 |
| cash flow for the Health Care Spending Account Fund during fiscal | 68931 |
| year 2006 and fiscal year 2007. At the end of fiscal years 2006 | 68932 |
| and 2007, the Director of Budget and Management shall transfer | 68933 |
| cash up to the amount previously transferred in the respective | 68934 |
| year back from the Health Care Spending Account (Fund 813) to the | 68935 |
| State Employee Health Benefit Fund (Fund 808). If funds are not | 68936 |
| available in the Health Care Spending Account Fund, the Director | 68937 |
| of Administrative Services may request, and the Director of Budget | 68938 |
| and Management may transfer, the balance of the funds needed from | 68939 |
| the General Revenue Fund. | 68940 |
| Section 203.09. ADJ ADJUTANT GENERAL | 68941 |
| General Revenue Fund | 68942 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 68943 | ||||
| GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 1,939,762 | 68944 | ||||
| GRF | 745-409 | Central Administration | $ | 3,899,590 | $ | 3,899,590 | 68945 | ||||
| GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 4,086,222 | 68946 | ||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 68947 | ||||
| GRF | 745-XXX | National Guard Benefits | $ | 1,000,000 | $ | 1,000,000 | 68948 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,043,735 | $ | 11,043,735 | 68949 | ||||||
| General Services Fund Group | 68950 |
| 534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 68951 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 68952 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 68953 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 68954 | ||||||
| Federal Special Revenue Fund Group | 68955 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 68956 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 68957 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 68958 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 68959 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 68960 | ||||||
| State Special Revenue Fund Group | 68961 |
| 5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 68962 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 68963 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 216,078 | $ | 220,400 | 68964 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 36,420,306 | $ | 36,424,628 | 68965 |
| Section 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 68967 |
| General Revenue Fund | 68968 |
| GRF | 100-403 | Public School Employee Benefits | $ | 750,000 | $ | 250,000 | 68969 | ||||
| GRF | 100-405 | Agency Audit Expenses | $ | 329,000 | $ | 329,000 | 68970 | ||||
| GRF | 100-406 | County & University Human Resources Services | $ | 60,000 | $ | 60,000 | 68971 | ||||
| GRF | 100-410 | Veterans' Records Conversion | $ | 69,000 | $ | 48,600 | 68972 | ||||
| GRF | 100-418 | Web Sites and Business Gateway | $ | 3,275,280 | $ | 3,275,280 | 68973 | ||||
| GRF | 100-419 | IT Security Infrastructure | $ | 1,636,247 | $ | 1,636,247 | 68974 | ||||
| GRF | 100-421 | OAKS Project Implementation | $ | 484,000 | $ | 410,839 | 68975 | ||||
| GRF | 100-433 | State of Ohio Computer Center | $ | 4,991,719 | $ | 4,991,719 | 68976 | ||||
| GRF | 100-439 | Equal Opportunity Certification Programs | $ | 726,481 | $ | 728,384 | 68977 | ||||
| GRF | 100-447 | OBA - Building Rent Payments | $ | 115,740,400 | $ | 116,091,300 | 68978 | ||||
| GRF | 100-448 | OBA - Building Operating Payments | $ | 25,393,250 | $ | 25,647,183 | 68979 | ||||
| GRF | 100-449 | DAS - Building Operating Payments | $ | 4,160,383 | $ | 4,170,623 | 68980 | ||||
| GRF | 100-451 | Minority Affairs | $ | 47,000 | $ | 47,000 | 68981 | ||||
| GRF | 100-734 | Major Maintenance - State Bldgs | $ | 50,000 | $ | 50,000 | 68982 | ||||
| GRF | 102-321 | Construction Compliance | $ | 1,190,959 | $ | 1,206,779 | 68983 | ||||
| GRF | 130-321 | State Agency Support Services | $ | 2,693,788 | $ | 2,668,986 | 68984 | ||||
| TOTAL GRF General Revenue Fund | $ | 161,597,507 | $ | 161,611,940 | 68985 | ||||||
| General Services Fund Group | 68986 |
| 112 | 100-616 | DAS Administration | $ | 5,221,393 | $ | 5,299,427 | 68987 | ||||
| 115 | 100-632 | Central Service Agency | $ | 466,517 | $ | 485,178 | 68988 | ||||
| 117 | 100-644 | General Services Division - Operating | $ | 6,834,247 | $ | 7,245,772 | 68989 | ||||
| 122 | 100-637 | Fleet Management | $ | 4,025,043 | $ | 4,032,968 | 68990 | ||||
| 125 | 100-622 | Human Resources Division - Operating | $ | 18,293,921 | $ | 18,210,762 | 68991 | ||||
| 127 | 100-627 | Vehicle Liability Insurance | $ | 3,344,644 | $ | 3,344,644 | 68992 | ||||
| 128 | 100-620 | Collective Bargaining | $ | 3,410,952 | $ | 3,410,952 | 68993 | ||||
| 130 | 100-606 | Risk Management Reserve | $ | 223,904 | $ | 223,904 | 68994 | ||||
| 131 | 100-639 | State Architect's Office | $ | 6,977,274 | $ | 7,047,427 | 68995 | ||||
| 132 | 100-631 | DAS Building Management | $ | 10,721,430 | $ | 11,066,228 | 68996 | ||||
| 133 | 100-607 | IT Services Delivery | $ | 81,418,432 | $ | 80,345,564 | 68997 | ||||
| 188 | 100-649 | Equal Opportunity Division - Operating | $ | 993,378 | $ | 1,010,256 | 68998 | ||||
| 201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 68999 | ||||
| 210 | 100-612 | State Printing | $ | 5,931,421 | $ | 5,931,421 | 69000 | ||||
| 229 | 100-630 | IT Governance | $ | 18,531,812 | $ | 17,601,712 | 69001 | ||||
| 4N6 | 100-617 | Major IT Purchases | $ | 10,617,166 | $ | 10,617,166 | 69002 | ||||
| 4P3 | 100-603 | DAS Information Services | $ | 5,902,099 | $ | 6,117,004 | 69003 | ||||
| 427 | 100-602 | Investment Recovery | $ | 5,580,208 | $ | 5,683,564 | 69004 | ||||
| 5C2 | 100-605 | MARCS Administration | $ | 9,268,178 | $ | 9,268,178 | 69005 | ||||
| 5C3 | 100-608 | Skilled Trades | $ | 1,406,278 | $ | 1,434,982 | 69006 | ||||
| 5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 69007 | ||||
| 5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 69008 | ||||
| 5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 69009 | ||||
| TOTAL GSF General Services Fund | 69010 | ||||||||||
| Group | $ | 216,357,426 | $ | 215,566,238 | 69011 | ||||||
| Federal Special Revenue Fund Group | 69012 |
| 3AJ | 100-623 | Information Technology Grants | $ | 82,048 | $ | 82,048 | 69013 | ||||
| TOTAL FSR Federal Special Revenue Fund Group | $ | 82,048 | $ | 82,048 | 69014 | ||||||
| Agency Fund Group | 69015 |
| 124 | 100-629 | Payroll Deductions | $ | 2,050,000,000 | $ | 2,050,000,000 | 69016 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,050,000,000 | $ | 2,050,000,000 | 69017 | ||||||
| Holding Account Redistribution Fund Group | 69018 |
| R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 69019 | ||||
| TOTAL 090 Holding Account | 69020 | ||||||||||
| Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 69021 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,428,056,981 | $ | 2,427,280,226 | 69022 | ||||||
| Section 203.12.03. AGENCY AUDIT EXPENSES | 69024 |
| The foregoing appropriation item 100-405, Agency Audit | 69025 |
| Expenses, shall be used for auditing expenses designated in | 69026 |
| division (A)(1) of section 117.13 of the Revised Code for those | 69027 |
| state agencies audited on a biennial basis. | 69028 |
| Section 203.12.06. OHIO BUILDING AUTHORITY | 69029 |
| The foregoing appropriation item 100-447, OBA - Building Rent | 69030 |
| Payments, shall be used to meet all payments at the times they are | 69031 |
| required to be made during the period from July 1, 2005, to June | 69032 |
| 30, 2007, by the Department of Administrative Services to the Ohio | 69033 |
| Building Authority pursuant to leases and agreements under Chapter | 69034 |
| 152. of the Revised Code, but limited to the aggregate amount of | 69035 |
| $231,831,700. These appropriations are the source of funds pledged | 69036 |
| for bond service charges on obligations issued pursuant to Chapter | 69037 |
| 152. of the Revised Code. | 69038 |
| The foregoing appropriation item 100-448, OBA - Building | 69039 |
| Operating Payments, shall be used to meet all payments at the | 69040 |
| times that they are required to be made during the period from | 69041 |
| July 1, 2005, to June 30, 2007, by the Department of | 69042 |
| Administrative Services to the Ohio Building Authority pursuant to | 69043 |
| leases and agreements under Chapter 152. of the Revised Code, but | 69044 |
| limited to the aggregate amount of $51,040,433. | 69045 |
| The payments to the Ohio Building Authority are for the | 69046 |
| purpose of paying the expenses of agencies that occupy space in | 69047 |
| the various state facilities. The Department of Administrative | 69048 |
| Services may enter into leases and agreements with the Ohio | 69049 |
| Building Authority providing for the payment of these expenses. | 69050 |
| The Ohio Building Authority shall report to the Department of | 69051 |
| Administrative Services and the Office of Budget and Management | 69052 |
| not later than five months after the start of a fiscal year the | 69053 |
| actual expenses incurred by the Ohio Building Authority in | 69054 |
| operating the facilities and any balances remaining from payments | 69055 |
| and rentals received in the prior fiscal year. The Department of | 69056 |
| Administrative Services shall reduce subsequent payments by the | 69057 |
| amount of the balance reported to it by the Ohio Building | 69058 |
| Authority. | 69059 |
| Section 203.12.09. DAS - BUILDING OPERATING PAYMENTS | 69060 |
| The foregoing appropriation item 100-449, DAS - Building | 69061 |
| Operating Payments, shall be used to pay the rent expenses of | 69062 |
| veterans organizations pursuant to section 123.024 of the Revised | 69063 |
| Code in fiscal years 2006 and 2007. | 69064 |
| The foregoing appropriation item, 100-449, DAS - Building | 69065 |
| Operating Payments, may be used to provide funding for the cost of | 69066 |
| property appraisals or building studies that the Department of | 69067 |
| Administrative Services may be required to obtain for property | 69068 |
| that is being sold by the state or property under consideration to | 69069 |
| be renovated or purchased by the state. | 69070 |
| Notwithstanding section 125.28 of the Revised Code, the | 69071 |
| remaining portion of the appropriation may be used to pay the | 69072 |
| operating expenses of state facilities maintained by the | 69073 |
| Department of Administrative Services that are not billed to | 69074 |
| building tenants. These expenses may include, but are not limited | 69075 |
| to, the costs for vacant space and space undergoing renovation, | 69076 |
| and the rent expenses of tenants that are relocated due to | 69077 |
| building renovations. These payments shall be processed by the | 69078 |
| Department of Administrative Services through intrastate transfer | 69079 |
| vouchers and placed in the Building Management Fund (Fund 132). | 69080 |
| Section 203.12.10. PUBLIC SCHOOL EMPLOYEE HEALTH BENEFITS | 69081 |
| The foregoing appropriation item 100-403, Public School | 69082 |
| Employee Benefits, shall be used by the Director of Administrative | 69083 |
| Services to hire an executive director and an assistant | 69084 |
| responsible for providing administrative support to the School | 69085 |
| Employee Health Care Board and the public school employee health | 69086 |
| insurance program established under section 9.901 of the Revised | 69087 |
| Code. | 69088 |
| At any time during the biennium, when the Director of | 69089 |
| Administrative Services certifies that there is a sufficient | 69090 |
| reserve available from premium payments made to the School | 69091 |
| Employees Health Care Fund (Fund 815), the Director of Budget and | 69092 |
| Management shall transfer $1,000,000 from the School Employees | 69093 |
| Health Care Fund to the General Revenue Fund. | 69094 |
| Section 203.12.12. CENTRAL SERVICE AGENCY FUND | 69095 |
| The Director of Budget and Management may transfer up to | 69096 |
| $363,851 in fiscal year 2006 from the Occupational Licensing and | 69097 |
| Regulatory Fund (Fund 4K9) to the Central Service Agency Fund | 69098 |
| (Fund 115). The Director of Budget and Management may transfer up | 69099 |
| to $45,184 in fiscal year 2006 from the State Medical Board | 69100 |
| Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund | 69101 |
| 115). The Director of Budget and Management may transfer up to | 69102 |
| $625 in fiscal year 2006 from the Motor Vehicle Collision Repair | 69103 |
| Registration Fund (Fund 5H9) to the Central Service Agency Fund | 69104 |
| (Fund 115). The appropriation item 100-632, Central Service | 69105 |
| Agency, shall be used to purchase the necessary equipment, | 69106 |
| products, and services to maintain an automated application for | 69107 |
| the professional licensing boards, and to support their licensing | 69108 |
| functions in fiscal year 2006. The amount of the cash transfers is | 69109 |
| appropriated to appropriation item 100-632, Central Service | 69110 |
| Agency. | 69111 |
| Section 203.12.15. COLLECTIVE BARGAINING ARBITRATION | 69112 |
| EXPENSES | 69113 |
| With approval of the Director of Budget and Management, the | 69114 |
| Department of Administrative Services may seek reimbursement from | 69115 |
| state agencies for the actual costs and expenses the department | 69116 |
| incurs in the collective bargaining arbitration process. The | 69117 |
| reimbursements shall be processed through intrastate transfer | 69118 |
| vouchers and placed in the Collective Bargaining Fund (Fund 128). | 69119 |
| Section 203.12.18. OFFICE OF INFORMATION TECHNOLOGY | 69120 |
| The foregoing appropriation item 100-607, IT Service | 69121 |
| Delivery, shall be used by the Office of Information Technology to | 69122 |
| carry out its responsibilities under section 125.29 of the Revised | 69123 |
| Code. The foregoing appropriation item 100-630, IT Governance, | 69124 |
| shall be used by the Office of Information Technology to carry out | 69125 |
| its responsibilities under section 125.29 of the Revised Code. | 69126 |
| As soon as possible on or after July 1, 2005, the Director of | 69127 |
| Administrative Services shall certify to the Director of Budget | 69128 |
| and Management the amount of cash up to $5,000,000 to be | 69129 |
| transferred from the IT Service Delivery Fund (Fund 133) to the IT | 69130 |
| Governance Fund (Fund 229). This amount represents a portion of | 69131 |
| the cash balance in the IT Service Delivery Fund attributable to | 69132 |
| IT Governance programs. The Director of Budget and Management | 69133 |
| shall transfer the certified amount. | 69134 |
| After final payments are made from fiscal year 2005 | 69135 |
| encumbrances in the IT Service Delivery Fund (Fund 133), the | 69136 |
| Department of Administrative Services shall reconcile fiscal year | 69137 |
| 2005 financial activity in the IT Service Delivery Fund and | 69138 |
| determine the amount of the fund cash balance due to the IT | 69139 |
| Governance Fund (Fund 229). The reconciliation shall be done in | 69140 |
| accordance with federal cost accounting regulations. Not later | 69141 |
| than June 30, 2006, the Director of Administrative Services shall | 69142 |
| make a determination of any additional transfers of cash necessary | 69143 |
| for reconciliation purposes. Upon concurrence with this | 69144 |
| determination, the Director of Budget and Management may transfer | 69145 |
| such cash between the IT Service Delivery Fund and the IT | 69146 |
| Governance Fund. | 69147 |
| Section 203.12.21. EQUAL OPPORTUNITY PROGRAM | 69148 |
| The Department of Administrative Services, with the approval | 69149 |
| of the Director of Budget and Management, shall establish charges | 69150 |
| for recovering the costs of administering the activities supported | 69151 |
| by the State EEO Fund (Fund 188). These charges shall be deposited | 69152 |
| to the credit of the State EEO Fund (Fund 188) upon payment made | 69153 |
| by state agencies, state-supported or state-assisted institutions | 69154 |
| of higher education, and tax-supported agencies, municipal | 69155 |
| corporations, and other political subdivisions of the state, for | 69156 |
| services rendered. | 69157 |
| Section 203.12.24. MERCHANDISE FOR RESALE | 69158 |
| The foregoing appropriation item 100-653, General Services | 69159 |
| Resale Merchandise, shall be used to account for merchandise for | 69160 |
| resale, which is administered by the General Services Division. | 69161 |
| Deposits to the fund may comprise the cost of merchandise for | 69162 |
| resale and shipping fees. | 69163 |
| Section 203.12.27. DAS INFORMATION SERVICES | 69164 |
| There is hereby established in the State Treasury the DAS | 69165 |
| Information Services Fund. The foregoing appropriation item | 69166 |
| 100-603, DAS Information Services, shall be used to pay the costs | 69167 |
| of providing information systems and services in the Department of | 69168 |
| Administrative Services. | 69169 |
| The Department of Administrative Services shall establish | 69170 |
| user charges for all information systems and services that are | 69171 |
| allowable in the statewide indirect cost allocation plan submitted | 69172 |
| annually to the United States Department of Health and Human | 69173 |
| Services. These charges shall comply with federal regulations and | 69174 |
| shall be deposited to the credit of the DAS Information Services | 69175 |
| Fund (Fund 4P3). | 69176 |
| Section 203.12.30. INVESTMENT RECOVERY FUND | 69177 |
| Notwithstanding division (B) of section 125.14 of the Revised | 69178 |
| Code, cash balances in the Investment Recovery Fund (Fund 427) may | 69179 |
| be used to support the operating expenses of the Federal Surplus | 69180 |
| Operating Program created in sections 125.84 to 125.90 of the | 69181 |
| Revised Code. | 69182 |
| Notwithstanding division (B) of section 125.14 of the Revised | 69183 |
| Code, cash balances in the Investment Recovery Fund may be used to | 69184 |
| support the operating expenses of the State Property Inventory and | 69185 |
| Fixed Assets Management System Program. | 69186 |
| Of the foregoing appropriation item 100-602, Investment | 69187 |
| Recovery, up to $2,147,024 in fiscal year 2006 and up to | 69188 |
| $2,205,594 in fiscal year 2007 shall be used to pay the operating | 69189 |
| expenses of the State Surplus Property Program, the Surplus | 69190 |
| Federal Property Program, and the State Property Inventory and | 69191 |
| Fixed Assets Management System Program under Chapter 125. of the | 69192 |
| Revised Code and this section. If additional appropriations are | 69193 |
| necessary for the operations of these programs, the Director of | 69194 |
| Administrative Services shall seek increased appropriations from | 69195 |
| the Controlling Board under section 131.35 of the Revised Code. | 69196 |
| Of the foregoing appropriation item 100-602, Investment | 69197 |
| Recovery, $3,433,184 in fiscal year 2006 and $3,477,970 in fiscal | 69198 |
| year 2007 shall be used to transfer proceeds from the sale of | 69199 |
| surplus property from the Investment Recovery Fund to non-General | 69200 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 69201 |
| Revised Code. If it is determined by the Director of | 69202 |
| Administrative Services that additional appropriations are | 69203 |
| necessary for the transfer of such sale proceeds, the Director of | 69204 |
| Administrative Services may request the Director of Budget and | 69205 |
| Management to increase the amounts. Such amounts are hereby | 69206 |
| appropriated. | 69207 |
| Notwithstanding division (B) of section 125.14 of the Revised | 69208 |
| Code, the Director of Budget and Management, at the request of the | 69209 |
| Director of Administrative Services, shall transfer up to $500,000 | 69210 |
| of the amounts held for transfer to the General Revenue Fund from | 69211 |
| the Investment Recovery Fund to the State Architect's Fund (Fund | 69212 |
| 131) to provide operating cash. | 69213 |
| Section 203.12.33. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM | 69214 |
| Effective with the implementation of the Multi-Agency Radio | 69215 |
| Communications System, the Director of Administrative Services | 69216 |
| shall collect user fees from participants in the system. The | 69217 |
| Director of Administrative Services, with the advice of the | 69218 |
| Multi-Agency Radio Communications System Steering Committee and | 69219 |
| the Director of Budget and Management, shall determine the amount | 69220 |
| of the fees and the manner by which the fees shall be collected. | 69221 |
| Such user charges shall comply with the applicable cost principles | 69222 |
| issued by the federal Office of Management and Budget. All moneys | 69223 |
| from user charges and fees shall be deposited in the state | 69224 |
| treasury to the credit of the Multi-Agency Radio Communications | 69225 |
| System Administration Fund (Fund 5C2), which is hereby established | 69226 |
| in the state treasury. All interest income derived from the | 69227 |
| investment of the fund shall accrue to the fund. | 69228 |
| Section 203.12.36. WORKFORCE DEVELOPMENT FUND | 69229 |
| There is hereby established in the state treasury the | 69230 |
| Workforce Development Fund (Fund 5D7). The foregoing appropriation | 69231 |
| item 100-621, Workforce Development, shall be used to make | 69232 |
| payments from the fund. The fund shall be under the supervision of | 69233 |
| the Department of Administrative Services, which may adopt rules | 69234 |
| with regard to administration of the fund. The fund shall be used | 69235 |
| to pay the costs of the Workforce Development Program, established | 69236 |
| by Article 37 of the contract between the State of Ohio and | 69237 |
| OCSEA/AFSCME, Local 11, effective March 1, 2003, and as modified | 69238 |
| by any successor labor contract between the State of Ohio and | 69239 |
| OCSEA/AFSCME. The program shall be administered in accordance with | 69240 |
| the contract. Revenues shall accrue to the fund as specified in | 69241 |
| the contract. The fund may be used to pay direct and indirect | 69242 |
| costs of the program that are attributable to staff, consultants, | 69243 |
| and service providers. All income derived from the investment of | 69244 |
| the fund shall accrue to the fund. | 69245 |
| If it is determined by the Director of Administrative | 69246 |
| Services that additional appropriation amounts are necessary, the | 69247 |
| Director of Administrative Services may request that the Director | 69248 |
| of Budget and Management increase such amounts. Such amounts are | 69249 |
| hereby appropriated. | 69250 |
| Section 203.12.39. PROFESSIONAL DEVELOPMENT FUND | 69251 |
| The foregoing appropriation item 100-610, Professional | 69252 |
| Development, shall be used to make payments from the Professional | 69253 |
| Development Fund (Fund 5L7) under section 124.182 of the Revised | 69254 |
| Code. | 69255 |
| Section 203.12.42. EMPLOYEE EDUCATIONAL DEVELOPMENT | 69256 |
| There is hereby established in the state treasury the | 69257 |
| Employee Educational Development Fund (Fund 5V6). The foregoing | 69258 |
| appropriation item 100-619, Employee Educational Development, | 69259 |
| shall be used to make payments from the fund. The fund shall be | 69260 |
| used to pay the costs of the administration of educational | 69261 |
| programs per existing collective bargaining agreements with | 69262 |
| District 1199, the Health Care and Social Service Union; State | 69263 |
| Council of Professional Educators; Ohio Education Association and | 69264 |
| National Education Association; the Fraternal Order of Police Ohio | 69265 |
| Labor Council, Unit 2; and the Ohio State Troopers Association, | 69266 |
| Units 1 and 15. The fund shall be under the supervision of the | 69267 |
| Department of Administrative Services, which may adopt rules with | 69268 |
| regard to administration of the fund. The fund shall be | 69269 |
| administered in accordance with the applicable sections of the | 69270 |
| collective bargaining agreements between the State and the | 69271 |
| aforementioned unions. The Department of Administrative Services, | 69272 |
| with the approval of the Director of Budget and Management, shall | 69273 |
| establish charges for recovering the costs of administering the | 69274 |
| educational programs. Receipts for these charges shall be | 69275 |
| deposited into the Employee Educational Development Fund. All | 69276 |
| income derived from the investment of the funds shall accrue to | 69277 |
| the fund. | 69278 |
| If it is determined by the Director of Administrative | 69279 |
| Services that additional appropriation amounts are necessary, the | 69280 |
| Director of Administrative Services may request that the Director | 69281 |
| of Budget and Management increase such amounts. Such amounts are | 69282 |
| hereby appropriated with the approval of the Director of Budget | 69283 |
| and Management. | 69284 |
| Section 203.12.45. MAJOR IT PURCHASES | 69285 |
| The Director of Administrative Services shall compute the | 69286 |
| amount of revenue attributable to the amortization of all | 69287 |
| equipment purchases and capitalized systems from appropriation | 69288 |
| item 100-607, IT Service Delivery; appropriation item 100-617, | 69289 |
| Major IT Purchases; and appropriation item CAP-837, Major IT | 69290 |
| Purchases, which is recovered by the Department of Administrative | 69291 |
| Services as part of the rates charged by the IT Service Delivery | 69292 |
| Fund (Fund 133) created in section 125.15 of the Revised Code. The | 69293 |
| Director of Budget and Management may transfer cash in an amount | 69294 |
| not to exceed the amount of amortization computed from the IT | 69295 |
| Service Delivery Fund (Fund 133) to the Major IT Purchases Fund | 69296 |
| (Fund 4N6). | 69297 |
| Section 203.12.48. INFORMATION TECHNOLOGY ASSESSMENT | 69298 |
| The Director of Administrative Services, with the approval of | 69299 |
| the Director of Budget and Management, may establish an | 69300 |
| information technology assessment for the purpose of recovering | 69301 |
| the cost of selected infrastructure and statewide programs. Such | 69302 |
| assessment shall comply with applicable cost principles issued by | 69303 |
| the federal Office of Management and Budget. The information | 69304 |
| technology assessment shall be charged to all organized bodies, | 69305 |
| offices, or agencies established by the laws of the state for the | 69306 |
| exercise of any function of state government except for the | 69307 |
| General Assembly, any legislative agency, the Supreme Court, the | 69308 |
| other courts of record in Ohio, or any judicial agency, the | 69309 |
| Adjutant General, the Bureau of Workers' Compensation, and | 69310 |
| institutions administered by a board of trustees. Any state-entity | 69311 |
| exempted by this section may utilize the infrastructure or | 69312 |
| statewide program by participating in the information technology | 69313 |
| assessment. All charges for the information technology assessment | 69314 |
| shall be deposited to the credit of the IT Service Delivery Fund | 69315 |
| (Fund 133) created in section 125.15 of the Revised Code. | 69316 |
| Section 203.12.51. UNEMPLOYMENT COMPENSATION FUND | 69317 |
| Within thirty days after the effective date of this section, | 69318 |
| or as soon as possible thereafter, the Director of Administrative | 69319 |
| Services shall certify the remaining cash in the Unemployment | 69320 |
| Compensation Fund (Fund 113) to the Director of Budget and | 69321 |
| Management who shall transfer that amount to the General Revenue | 69322 |
| Fund and abolish the Unemployment Compensation Fund (Fund 113). | 69323 |
| Section 203.12.54. PAYROLL WITHHOLDING FUND | 69324 |
| The foregoing appropriation item 100-629, Payroll Deductions, | 69325 |
| shall be used to make payments from the Payroll Withholding Fund | 69326 |
| (Fund 124). If it is determined by the Director of Budget and | 69327 |
| Management that additional appropriation amounts are necessary, | 69328 |
| such amounts are hereby appropriated. | 69329 |
| Section 203.12.57. GENERAL SERVICES REFUNDS | 69330 |
| The foregoing appropriation item 100-646, General Services | 69331 |
| Refunds, shall be used to hold bid guarantee and building plans | 69332 |
| and specifications deposits until they are refunded. The Director | 69333 |
| of Administrative Services may request that the Director of Budget | 69334 |
| and Management transfer cash received for the costs of providing | 69335 |
| the building plans and specifications to contractors from the | 69336 |
| General Services Refunds Fund to the State Architect's Office Fund | 69337 |
| (Fund 131). Prior to the transfer of cash, the Director of | 69338 |
| Administrative Services shall certify that such amounts are in | 69339 |
| excess of amounts required for refunding deposits and are directly | 69340 |
| related to costs of producing building plans and specifications. | 69341 |
| If it is determined that additional appropriations are necessary, | 69342 |
| such amounts are hereby appropriated. | 69343 |
| Section 203.12.60. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 69344 |
| DEBT SERVICE PAYMENTS | 69345 |
| The Director of Administrative Services, in consultation with | 69346 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 69347 |
| Committee and the Director of Budget and Management, shall | 69348 |
| determine the share of debt service payments attributable to | 69349 |
| spending for MARCS components that are not specific to any one | 69350 |
| agency and that shall be charged to agencies supported by the | 69351 |
| motor fuel tax. Such share of debt service payments shall be | 69352 |
| calculated for MARCS capital disbursements made beginning July 1, | 69353 |
| 1997. Within thirty days of any payment made from appropriation | 69354 |
| item 100-447, OBA - Building Rent Payments, the Director of | 69355 |
| Administrative Services shall certify to the Director of Budget | 69356 |
| and Management the amount of this share. The Director of Budget | 69357 |
| and Management shall transfer such amounts to the General Revenue | 69358 |
| Fund from the State Highway Safety Fund (Fund 036) established in | 69359 |
| section 4501.06 of the Revised Code. | 69360 |
| The Director of Administrative Services shall consider | 69361 |
| renting or leasing existing tower sites at reasonable or current | 69362 |
| market rates, so long as these existing sites are equipped with | 69363 |
| the technical capabilities to support the MARCS project. | 69364 |
| Section 203.12.63. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 69365 |
| Whenever the Director of Administrative Services declares a | 69366 |
| "public exigency," as provided in division (C) of section 123.15 | 69367 |
| of the Revised Code, the Director shall also notify the members of | 69368 |
| the Controlling Board. | 69369 |
| Section 203.12.66. GENERAL SERVICE CHARGES | 69370 |
| The Department of Administrative Services, with the approval | 69371 |
| of the Director of Budget and Management, shall establish charges | 69372 |
| for recovering the costs of administering the programs in the | 69373 |
| General Services Fund (Fund 117) and the State Printing Fund (Fund | 69374 |
| 210). | 69375 |
| Section 203.15. AAM COMMISSION ON AFRICAN AMERICAN MALES | 69376 |
| General Revenue Fund | 69377 |
| GRF | 036-100 | Personal Services | $ | 220,091 | $ | 220,091 | 69378 | ||||
| GRF | 036-200 | Maintenance | $ | 39,909 | $ | 39,909 | 69379 | ||||
| GRF | 036-300 | Equipment | $ | 1,000 | $ | 1,000 | 69380 | ||||
| GRF | 036-501 | CAAM Awards and Scholarships | $ | 1,000 | $ | 1,000 | 69381 | ||||
| GRF | 036-502 | Community Projects | $ | 20,000 | $ | 20,000 | 69382 | ||||
| TOTAL GRF General Revenue Fund | $ | 282,000 | $ | 282,000 | 69383 | ||||||
| State Special Revenue Fund Group | 69384 |
| 4H3 | 036-601 | Commission on African American Males - Gifts/Grants | $ | 10,000 | $ | 10,000 | 69385 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 10,000 | $ | 10,000 | 69386 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 292,000 | $ | 292,000 | 69387 | ||||||
| COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW | 69388 |
| Annually, not later than the thirty-first day of December, | 69389 |
| the Commission on African American Males shall internally prepare | 69390 |
| and submit to the chairperson and ranking minority member of the | 69391 |
| Human Services Subcommittee of the Finance and Appropriations | 69392 |
| Committee of the House of Representatives a report that | 69393 |
| demonstrates the progress that has been made toward meeting the | 69394 |
| Commission's mission statement. | 69395 |
| Section 203.18. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 69396 |
| General Revenue Fund | 69397 |
| GRF | 029-321 | Operating Expenses | $ | 379,769 | $ | 387,364 | 69398 | ||||
| TOTAL GRF General Revenue Fund | $ | 379,769 | $ | 387,364 | 69399 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 379,769 | $ | 387,364 | 69400 | ||||||
| OPERATING | 69401 |
| The Chief Administrative Officer of the House of | 69402 |
| Representatives and the Clerk of the Senate shall determine, by | 69403 |
| mutual agreement, which of them shall act as fiscal agent for the | 69404 |
| Joint Committee on Agency Rule Review. | 69405 |
| OPERATING EXPENSES | 69406 |
| The unencumbered balance of appropriation item 029-321, | 69407 |
| Operating Expenses, at the end of fiscal year 2006 shall be | 69408 |
| transferred to fiscal year 2007 for use under the same | 69409 |
| appropriation item. | 69410 |
| Section 203.21. AGE DEPARTMENT OF AGING | 69411 |
| General Revenue Fund | 69412 |
| GRF | 490-321 | Operating Expenses | $ | 2,579,867 | $ | 2,308,867 | 69413 | ||||
| GRF | 490-403 | PASSPORT | $ | 112,045,715 | $ | 121,009,372 | 69414 | ||||
| GRF | 490-405 | Golden Buckeye Card | $ | 467,614 | $ | 467,614 | 69415 | ||||
| GRF | 490-406 | Senior Olympics | $ | 15,638 | $ | 15,638 | 69416 | ||||
| GRF | 490-409 | Ohio Community Service Council Operations | $ | 203,647 | $ | 193,465 | 69417 | ||||
| GRF | 490-410 | Long-Term Care Ombudsman | $ | 689,437 | $ | 689,437 | 69418 | ||||
| GRF | 490-411 | Senior Community Services | $ | 10,630,988 | $ | 10,630,988 | 69419 | ||||
| GRF | 490-412 | Residential State Supplement | $ | 9,156,771 | $ | 9,156,771 | 69420 | ||||
| GRF | 490-414 | Alzheimers Respite | $ | 4,085,888 | $ | 4,085,888 | 69421 | ||||
| GRF | 490-416 | JCFS Elderly Transportation | $ | 100,000 | $ | 100,000 | 69422 | ||||
| GRF | 490-421 | PACE | $ | 11,354,145 | $ | 10,214,809 | 69423 | ||||
| GRF | 490-422 | Assisted Living Waiver | $ | 0 | $ | 359,919 | 69424 | ||||
| GRF | 490-506 | National Senior Service Corps | $ | 352,943 | $ | 352,943 | 69425 | ||||
| TOTAL GRF General Revenue Fund | $ | 151,682,653 | $ | 159,585,711 | 69426 | ||||||
| General Services Fund Group | 69427 |
| 480 | 490-606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 69428 | ||||
| TOTAL GSF General Services Fund | 69429 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 69430 | ||||||
| Federal Special Revenue Fund Group | 69431 |
| 3C4 | 490-607 | PASSPORT | $ | 198,683,143 | $ | 218,196,387 | 69432 | ||||
| 3C4 | 490-621 | PACE-Federal | $ | 10,854,083 | $ | 14,586,135 | 69433 | ||||
| 3C4 | 490-622 | Assisted Living-Federal | $ | 0 | $ | 5,687,374 | 69434 | ||||
| 3M3 | 490-611 | Federal Aging Nutrition | $ | 27,622,693 | $ | 28,037,034 | 69435 | ||||
| 3M4 | 490-612 | Federal Independence Services | $ | 27,907,287 | $ | 28,325,896 | 69436 | ||||
| 3R7 | 490-617 | Ohio Community Service Council Programs | $ | 9,170,000 | $ | 9,170,000 | 69437 | ||||
| 322 | 490-618 | Federal Aging Grants | $ | 14,834,354 | $ | 15,014,494 | 69438 | ||||
| TOTAL FED Federal Special Revenue | 69439 | ||||||||||
| Fund Group | $ | 289,071,560 | $ | 319,017,320 | 69440 | ||||||
| State Special Revenue Fund Group | 69441 |
| 4C4 | 490-609 | Regional Long-Term Care Ombudsman Program | $ | 910,000 | $ | 935,000 | 69442 | ||||
| 4J4 | 490-610 | PASSPORT/Residential State Supplement | $ | 33,263,984 | $ | 33,263,984 | 69443 | ||||
| 4U9 | 490-602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 69444 | ||||
| 5BA | 490-620 | Ombudsman Support | $ | 615,000 | $ | 0 | 69445 | ||||
| 5K9 | 490-613 | Long Term Care Consumers Guide | $ | 298,400 | $ | 620,000 | 69446 | ||||
| 5W1 | 490-616 | Resident Services Coordinator Program | $ | 262,500 | $ | 262,500 | 69447 | ||||
| 624 | 490-604 | OCSC Community Support | $ | 2,500 | $ | 2,500 | 69448 | ||||
| TOTAL SSR State Special Revenue | 69449 | ||||||||||
| Fund Group | $ | 39,777,353 | $ | 39,508,953 | 69450 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 480,904,243 | $ | 518,484,661 | 69451 | ||||||
| Section 203.21.03. PRE-ADMISSION REVIEW FOR NURSING FACILITY | 69453 |
| ADMISSION | 69454 |
| Pursuant to an interagency agreement, the Department of Job | 69455 |
| and Family Services shall designate the Department of Aging to | 69456 |
| perform assessments under sections 173.42 and 5111.204 of the | 69457 |
| Revised Code. Of the foregoing appropriation item 490-403, | 69458 |
| PASSPORT, the Department of Aging may use not more than $2,586,648 | 69459 |
| in fiscal year 2006 and $2,651,315 in fiscal year 2007 to perform | 69460 |
| the assessments for persons not eligible for Medicaid under the | 69461 |
| department's interagency agreement with the Department of Job and | 69462 |
| Family Services and to assist individuals in planning for their | 69463 |
| long-term health care needs. | 69464 |
| Section 203.21.06. PASSPORT | 69465 |
| Of the foregoing appropriation item 490-403, PASSPORT, up to | 69466 |
| $200,000 in fiscal year 2006 shall be used for the request for | 69467 |
| proposal process, and for the contracting of and the evaluation of | 69468 |
| the PASSORT Program, as required under Section 206.66.66 of this | 69469 |
| act. | 69470 |
| Appropriation item 490-403, PASSPORT, and the amounts set | 69471 |
| aside for the PASSPORT Waiver Program in appropriation item | 69472 |
| 490-610, PASSPORT/Residential State Supplement, may be used to | 69473 |
| assess clients regardless of Medicaid eligibility. | 69474 |
| The Director of Aging shall adopt rules under section 111.15 | 69475 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 69476 |
| program, including client eligibility. | 69477 |
| The Department of Aging shall administer the Medicaid | 69478 |
| waiver-funded PASSPORT Home Care Program as delegated by the | 69479 |
| Department of Job and Family Services in an interagency agreement. | 69480 |
| The foregoing appropriation item 490-403, PASSPORT, and the | 69481 |
| amounts set aside for the PASSPORT Waiver Program in appropriation | 69482 |
| item 490-610, PASSPORT/Residential State Supplement, shall be used | 69483 |
| to provide the required state match for federal Medicaid funds | 69484 |
| supporting the Medicaid Waiver-funded PASSPORT Home Care Program. | 69485 |
| Appropriation item 490-403, PASSPORT, and the amounts set aside | 69486 |
| for the PASSPORT Waiver Program in appropriation item 490-610, | 69487 |
| PASSPORT/Residential State Supplement, may also be used to support | 69488 |
| the Department of Aging's administrative costs associated with | 69489 |
| operating the PASSPORT program. | 69490 |
| The foregoing appropriation item 490-607, PASSPORT, shall be | 69491 |
| used to provide the federal matching share for all PASSPORT | 69492 |
| program costs determined by the Department of Job and Family | 69493 |
| Services to be eligible for Medicaid reimbursement. | 69494 |
| OHIO COMMUNITY SERVICE COUNCIL | 69495 |
| The foregoing appropriation items 490-409, Ohio Community | 69496 |
| Service Council Operations, and 490-617, Ohio Community Service | 69497 |
| Council Programs, shall be used in accordance with section 121.40 | 69498 |
| of the Revised Code. | 69499 |
| The Director of Budget and Management shall transfer, by | 69500 |
| intrastate transfer voucher, in fiscal year 2006, $615,000 from | 69501 |
| Fund 4E3, Resident Protection Fund, in the Department of Job and | 69502 |
| Family Services, to Fund 5BA in the Department of Aging, to be | 69503 |
| used for program management for the Office of the State Long-Term | 69504 |
| Care Ombudsman created by the Department of Aging under division | 69505 |
| (M) of section 173.01 of the Revised Code. | 69506 |
| SENIOR COMMUNITY SERVICES | 69507 |
| Appropriation item 490-411, Senior Community Services, shall | 69508 |
| be used for services designated by the Department of Aging, | 69509 |
| including, but not limited to, home-delivered and congregate | 69510 |
| meals, transportation services, personal care services, respite | 69511 |
| services, adult day services, home repair, care coordination, and | 69512 |
| decision support systems. Service priority shall be given to low | 69513 |
| income, frail, and cognitively impaired persons 60 years of age | 69514 |
| and over. The department shall promote cost sharing by service | 69515 |
| recipients for those services funded with block grant funds, | 69516 |
| including, when possible, sliding-fee scale payment systems based | 69517 |
| on the income of service recipients. | 69518 |
| ALZHEIMERS RESPITE | 69519 |
| The foregoing appropriation item 490-414, Alzheimers Respite, | 69520 |
| shall be used to fund only Alzheimer's disease services under | 69521 |
| section 173.04 of the Revised Code. | 69522 |
| JCFS ELDERLY TRANSPORTATION | 69523 |
| The foregoing appropriation item 490-416, JCFS Elderly | 69524 |
| Transportation, shall be used for noncapital expenses related to | 69525 |
| transportation services for the elderly that provide access to | 69526 |
| such things as healthcare services, congregate meals, | 69527 |
| socialization programs, and grocery shopping. The funds shall pass | 69528 |
| through and shall be administered by the Area Agencies on Aging. | 69529 |
| Agencies receiving funding from appropriation item 490-416, | 69530 |
| JCFS Elderly Transportation, shall coordinate services with other | 69531 |
| local service agencies. | 69532 |
| RESIDENTIAL STATE SUPPLEMENT | 69533 |
| Under the Residential State Supplement Program, the amount | 69534 |
| used to determine whether a resident is eligible for payment and | 69535 |
| for determining the amount per month the eligible resident will | 69536 |
| receive shall be as follows: | 69537 |
| (A) $900 for a residential care facility, as defined in | 69538 |
| section 3721.01 of the Revised Code; | 69539 |
| (B) $900 for an adult group home, as defined in Chapter 3722. | 69540 |
| of the Revised Code; | 69541 |
| (C) $800 for an adult foster home, as defined in Chapter 173. | 69542 |
| of the Revised Code; | 69543 |
| (D) $800 for an adult family home, as defined in Chapter | 69544 |
| 3722. of the Revised Code; | 69545 |
| (E) $800 for an adult community alternative home, as defined | 69546 |
| in Chapter 3724. of the Revised Code; | 69547 |
| (F) $800 for an adult residential facility, as defined in | 69548 |
| Chapter 5119. of the Revised Code; | 69549 |
| (G) $600 for adult community mental health housing services, | 69550 |
| as defined in division (B)(5) of section 173.35 of the Revised | 69551 |
| Code. | 69552 |
| The Departments of Aging and Job and Family Services shall | 69553 |
| reflect these amounts in any applicable rules the departments | 69554 |
| adopt under section 173.35 of the Revised Code. | 69555 |
| LONG-TERM CARE OMBUDSMAN | 69556 |
| The foregoing appropriation item 490-410, Long-Term Care | 69557 |
| Ombudsman, shall be used for a program to fund ombudsman program | 69558 |
| activities in nursing homes, adult care facilities, boarding | 69559 |
| homes, and home and community care services. | 69560 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 69561 |
| In fiscal year 2006, the Department of Aging may transfer | 69562 |
| cash by intrastate transfer vouchers from the foregoing | 69563 |
| appropriation items 490-412, Residential State Supplement, and | 69564 |
| 490-610, PASSPORT/Residential State Supplement, to the Department | 69565 |
| of Job and Family Services' Fund 4J5, Home and Community-Based | 69566 |
| Services for the Aged Fund. The funds shall be used to make | 69567 |
| benefit payments to Residential State Supplement recipients. | 69568 |
| TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL | 69569 |
| INDEPENDENCE SERVICES, AND FEDERAL AGING GRANTS | 69570 |
| Upon written request of the Director of Aging, the Director | 69571 |
| of Budget and Management may transfer appropriation authority | 69572 |
| among appropriation items 490-611, Federal Aging Nutrition, | 69573 |
| 490-612, Federal Independence Services, and 490-618, Federal Aging | 69574 |
| Grants, in amounts not to exceed 30 per cent of the appropriation | 69575 |
| from which the transfer is made. The Department of Aging shall | 69576 |
| report a transfer to the Controlling Board at the next regularly | 69577 |
| scheduled meeting of the board. | 69578 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 69579 |
| The foregoing appropriation item 490-609, Regional Long-Term | 69580 |
| Care Ombudsman Program, shall be used solely to pay the costs of | 69581 |
| operating the regional long-term care ombudsman programs. | 69582 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 69583 |
| Of the foregoing appropriation item 490-610, | 69584 |
| PASSPORT/Residential State Supplement, up to $2,835,000 each | 69585 |
| fiscal year may be used to fund the Residential State Supplement | 69586 |
| Program. The remaining available funds shall be used to fund the | 69587 |
| PASSPORT program. | 69588 |
| TRANSITION PLAN FOR RESIDENTIAL STATE SUPPLEMENT | 69589 |
| Subject to approval by the Social Security Administration, of | 69590 |
| the foregoing appropriation item 490-610, PASSPORT/Residential | 69591 |
| State Supplement, in fiscal year 2007 the Department of Aging | 69592 |
| shall transfer to the Ohio Department of Mental Health sufficient | 69593 |
| funds to make benefit payments for all Residential State | 69594 |
| Supplement recipients who are less than 60 years of age diagnosed | 69595 |
| with mental illness, mental retardation, or a developmental | 69596 |
| disability and are enrolled in the program on June 30, 2006. | 69597 |
| The departments of Aging and Mental Health shall jointly | 69598 |
| petition the Social Security Administration to approve changes to | 69599 |
| the Residential State Supplement program. Changes proposed by the | 69600 |
| two departments shall ensure that Residential State Supplement | 69601 |
| program recipients on June 30, 2006, continue to receive benefit | 69602 |
| payments as long as they remain in the program. Changes proposed | 69603 |
| by the departments of Aging and Mental Health may include | 69604 |
| provisions that improve local accountability to county boards of | 69605 |
| mental health, maximize available funding, and improve the quality | 69606 |
| of residential settings approved for recipients. | 69607 |
| Section 203.24. AGR DEPARTMENT OF AGRICULTURE | 69608 |
| General Revenue Fund | 69609 |
| GRF | 700-321 | Operating Expenses | $ | 2,605,330 | $ | 2,605,330 | 69610 | ||||
| GRF | 700-401 | Animal Disease Control | $ | 3,574,506 | $ | 3,574,506 | 69611 | ||||
| GRF | 700-403 | Dairy Division | $ | 1,304,504 | $ | 1,304,504 | 69612 | ||||
| GRF | 700-404 | Ohio Proud | $ | 185,395 | $ | 185,395 | 69613 | ||||
| GRF | 700-405 | Animal Damage Control | $ | 60,000 | $ | 60,000 | 69614 | ||||
| GRF | 700-406 | Consumer Analytical Lab | $ | 819,907 | $ | 819,907 | 69615 | ||||
| GRF | 700-407 | Food Safety | $ | 939,099 | $ | 939,099 | 69616 | ||||
| GRF | 700-409 | Farmland Preservation | $ | 241,573 | $ | 241,573 | 69617 | ||||
| GRF | 700-410 | Plant Industry | $ | 391,216 | $ | 50,000 | 69618 | ||||
| GRF | 700-411 | International Trade and Market Development | $ | 517,524 | $ | 517,524 | 69619 | ||||
| GRF | 700-413 | Gypsy Moth Prevention | $ | 200,000 | $ | 200,000 | 69620 | ||||
| GRF | 700-415 | Poultry Inspection | $ | 251,678 | $ | 251,678 | 69621 | ||||
| GRF | 700-418 | Livestock Regulation Program | $ | 1,228,496 | $ | 1,228,496 | 69622 | ||||
| GRF | 700-424 | Livestock Testing and Inspections | $ | 115,946 | $ | 115,946 | 69623 | ||||
| GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,696,889 | $ | 4,696,889 | 69624 | ||||
| GRF | 700-501 | County Agricultural Societies | $ | 358,226 | $ | 358,226 | 69625 | ||||
| TOTAL GRF General Revenue Fund | $ | 17,490,289 | $ | 17,149,073 | 69626 | ||||||
| Federal Special Revenue Fund Group | 69627 |
| 3J4 | 700-607 | Indirect Cost | $ | 1,500,027 | $ | 1,500,027 | 69628 | ||||
| 3R2 | 700-614 | Federal Plant Industry | $ | 4,800,000 | $ | 4,800,000 | 69629 | ||||
| 326 | 700-618 | Meat Inspection Program - Federal Share | $ | 5,201,291 | $ | 5,201,291 | 69630 | ||||
| 336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 43,793 | $ | 44,679 | 69631 | ||||
| 382 | 700-601 | Cooperative Contracts | $ | 4,300,000 | $ | 4,300,000 | 69632 | ||||
| TOTAL FED Federal Special Revenue | 69633 | ||||||||||
| Fund Group | $ | 15,845,111 | $ | 15,845,997 | 69634 | ||||||
| State Special Revenue Fund Group | 69635 |
| 4C9 | 700-605 | Feed, Fertilizer, Seed, and Lime Inspection | $ | 1,922,857 | $ | 1,891,395 | 69636 | ||||
| 4D2 | 700-609 | Auction Education | $ | 23,885 | $ | 24,601 | 69637 | ||||
| 4E4 | 700-606 | Utility Radiological Safety | $ | 73,059 | $ | 73,059 | 69638 | ||||
| 4P7 | 700-610 | Food Safety Inspection | $ | 816,096 | $ | 858,096 | 69639 | ||||
| 4R0 | 700-636 | Ohio Proud Marketing | $ | 38,300 | $ | 38,300 | 69640 | ||||
| 4R2 | 700-637 | Dairy Industry Inspection | $ | 1,541,466 | $ | 1,621,460 | 69641 | ||||
| 4T6 | 700-611 | Poultry and Meat Inspection | $ | 47,294 | $ | 47,294 | 69642 | ||||
| 4T7 | 700-613 | International Trade and Market Development | $ | 52,000 | $ | 54,000 | 69643 | ||||
| 494 | 700-612 | Agricultural Commodity Marketing Program | $ | 170,220 | $ | 170,220 | 69644 | ||||
| 496 | 700-626 | Ohio Grape Industries | $ | 1,071,099 | $ | 1,071,054 | 69645 | ||||
| 497 | 700-627 | Commodity Handlers Regulatory Program | $ | 515,820 | $ | 529,978 | 69646 | ||||
| 5BF | 700-643 | Weights and Measures | $ | 1,160,600 | $ | 1,160,600 | 69647 | ||||
| 5B8 | 700-629 | Auctioneers | $ | 365,390 | $ | 365,390 | 69648 | ||||
| 5H2 | 700-608 | Metrology Lab and Scale Certification | $ | 351,526 | $ | 362,526 | 69649 | ||||
| 5L8 | 700-604 | Livestock Management Program | $ | 30,000 | $ | 30,000 | 69650 | ||||
| 578 | 700-620 | Ride Inspection Fees | $ | 1,105,436 | $ | 1,115,436 | 69651 | ||||
| 652 | 700-634 | Animal and Consumer Analytical Laboratory | $ | 1,876,624 | $ | 1,831,232 | 69652 | ||||
| 669 | 700-635 | Pesticide Program | $ | 2,993,232 | $ | 3,354,448 | 69653 | ||||
| TOTAL SSR State Special Revenue | 69654 | ||||||||||
| Fund Group | $ | 14,154,904 | $ | 14,599,089 | 69655 | ||||||
| Clean Ohio Fund Group | 69656 |
| 057 | 700-632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 69657 | ||||
| TOTAL CLR Clean Ohio Fund Group | $ | 149,000 | $ | 149,000 | 69658 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 47,639,304 | $ | 47,743,159 | 69659 |
| OHIO - ISRAEL AGRICULTURAL INITIATIVE | 69660 |
| Of the foregoing General Revenue Fund appropriation item | 69661 |
| 700-411, International Trade and Market Development, $100,000 | 69662 |
| shall be used in fiscal year 2006 for the Ohio - Israel | 69663 |
| Agricultural Initiative. | 69664 |
| FAMILY FARM LOAN PROGRAM | 69665 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 69666 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 69667 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 69668 |
| Loan Fund (Fund 5H1) in the Department of Development. These | 69669 |
| moneys shall be used for loan guarantees. The transfer is subject | 69670 |
| to Controlling Board approval. | 69671 |
| Financial assistance from the Family Farm Loan Fund (Fund | 69672 |
| 5H1) shall be repaid to Fund 5H1. This fund is established in | 69673 |
| accordance with sections 166.031, 901.80, 901.81, 901.82, and | 69674 |
| 901.83 of the Revised Code. | 69675 |
| When the Family Farm Loan Fund (Fund 5H1) ceases to exist, | 69676 |
| all outstanding balances, all loan repayments, and any other | 69677 |
| outstanding obligations shall revert to the Facilities | 69678 |
| Establishment Fund (Fund 037). | 69679 |
| Section 203.24.03. FERTILIZER-RELATED LICENSURE AND | 69680 |
| REGISTRATION | 69681 |
| To facilitate implementation of the new schedule for | 69682 |
| fertilizer-related licensure, registration, and reporting | 69683 |
| established under sections 905.32, 905.33, 905.331, and 905.36 of | 69684 |
| the Revised Code, as amended by this act, all of the following | 69685 |
| apply: | 69686 |
| (A) With regard to licenses for which applications for the | 69687 |
| license period beginning July 1, 2005, have been submitted under | 69688 |
| sections 905.32 and 905.331 of the Revised Code as those sections | 69689 |
| existed prior to their amendment by this act, a license shall be | 69690 |
| issued for a period beginning on July 1, 2005, and ending on | 69691 |
| November 30, 2005, and shall expire on November 30, 2005. | 69692 |
| (B) With regard to registrations of a specialty fertilizer | 69693 |
| for which applications for the registration period beginning July | 69694 |
| 1, 2005, have been submitted under section 905.33 of the Revised | 69695 |
| Code as that section existed prior to its amendment by this act, a | 69696 |
| registration shall be issued for the period beginning on July 1, | 69697 |
| 2005, and ending on November 30, 2005, and shall expire on | 69698 |
| November 30, 2005. | 69699 |
| (C) A person who is required to submit a tonnage report | 69700 |
| within thirty days of June 30, 2005, under section 905.36 of the | 69701 |
| Revised Code as that section existed prior to its amendments by | 69702 |
| this act shall submit the report by that date. However, the person | 69703 |
| shall submit a new annual tonnage report by November 30, 2005, as | 69704 |
| required by section 905.36 of the Revised Code as amended by this | 69705 |
| act. | 69706 |
| COMMERCIAL FEED, FERTILIZER, SEED, AND LIME INSPECTION AND | 69707 |
| LABORATORY FUND | 69708 |
| The Commercial Feed, Fertilizer, Seed, and Lime Inspection | 69709 |
| and Laboratory Fund created in section 905.38 of the Revised Code, | 69710 |
| as amended by this act, is a continuation of the Commerical Feed, | 69711 |
| Fertilizer, and Lime Inspection and Laboratory Fund that was | 69712 |
| created in that section prior to its amendment by this act. | 69713 |
| Notwithstanding any other provision of law to the contrary, the | 69714 |
| Seed Fund (5Z4) created in section 907.16 of the Revised Code | 69715 |
| shall cease to exist, effective July 1, 2005. All assets, | 69716 |
| liabilities, revenues, and obligations associated with the Seed | 69717 |
| Fund (5Z4) are hereby transferred to the Commerical Feed, | 69718 |
| Fertilizer, Seed, and Lime Inspection and Laboratory Fund (Fund | 69719 |
| 4C9) on July 1, 2005. | 69720 |
| Effective July 1, 2005, or as soon thereafter as possible, | 69721 |
| the Director of Agriculture shall certify to the Director of | 69722 |
| Budget and Management the cash balance in the Seed Fund (5Z4), | 69723 |
| which was merged in section 907.16 of the Revised Code, as amended | 69724 |
| by this act. The Director of Budget and Management shall transfer | 69725 |
| the certified amount to the Commercial Feed, Fertilizer, Seed, and | 69726 |
| Lime Inspection and Laboratory Fund (Fund 4C9), which is created | 69727 |
| in section 907.16 of the Revised Code, formerly named the Seed | 69728 |
| Fund. The Director shall cancel any existing encumbrances against | 69729 |
| appropriation item 700-642, Seed Program, and re-establish them | 69730 |
| against appropriation item 700-605, Feed, Fertilizer, Seed, and | 69731 |
| Lime Inspection. The amounts of the re-established encumbrances | 69732 |
| are hereby appropriated. | 69733 |
| METROLOGY LAB AND SCALE CERTIFICATION FUND | 69734 |
| The Metrology and Scale Certification Fund created in section | 69735 |
| 1327.511 of the Revised Code, as amended by this act, is a | 69736 |
| continuation of the Scale Certification Fund that was created in | 69737 |
| that section prior to its amendment by this act. Notwithstanding | 69738 |
| any other provision of law to the contrary, the Scale | 69739 |
| Certification Fund (Fund 579) created in section 1327.511 of the | 69740 |
| Revised Code shall cease to exist, effective July 1, 2005. All | 69741 |
| assets, liabilities, revenues, and obligations associated with the | 69742 |
| Scale Certification Fund (Fund 579) are hereby transferred to the | 69743 |
| Metrology Lab and Scale Certification Fund (Fund 5H2) on July 1, | 69744 |
| 2005. | 69745 |
| Effective July 1, 2005, or as soon thereafter as possible, | 69746 |
| the Director of Agriculture shall certify to the Director of | 69747 |
| Budget and Management the cash balance in the Scale Certification | 69748 |
| Fund (Fund 579), which was merged in section 1327.511 of the | 69749 |
| Revised Code, as amended by this act. The Director of Budget and | 69750 |
| Management shall transfer the certified amount to the Metrology | 69751 |
| Laboratory and Scale Certification Fund (Fund 5H2) which is | 69752 |
| created in section 1327.511 of the Revised Code, formerly named | 69753 |
| the Scale Certification Laboratory Fund. The Director shall cancel | 69754 |
| any existing encumbrances against appropriation item 700-630, | 69755 |
| Scale Certification, and re-establish them against appropriation | 69756 |
| item 700-608, Metrology Lab. The amounts of the re-established | 69757 |
| encumbrances are hereby appropriated. | 69758 |
| ANIMAL AND CONSUMER ANALYTICAL LABORATORY SERVICES FUND | 69759 |
| Notwithstanding any other provision of law to the contrary, | 69760 |
| the Animal Industry Laboratory Fees Fund (Fund 4V5) created in | 69761 |
| division (E)(1) of section 901.43 of the Revised Code shall cease | 69762 |
| to exist, effective July 1, 2005. All assets, liabilities, | 69763 |
| revenues, and obligations associated with the Animal Industry | 69764 |
| Laboratory Fund (Fund 4V5) are hereby transferred to the Animal | 69765 |
| and Consumer Analytical Laboratory Services Fund (Fund 652) on | 69766 |
| July 1, 2005. | 69767 |
| Effective July 1, 2005, or as soon thereafter as possible, | 69768 |
| the Director of Agriculture shall certify to the Director Budget | 69769 |
| and Management the cash balance in the Animal Industry Laboratory | 69770 |
| Fund (Fund 4V5), which was merged in division (E)(1) of section | 69771 |
| 901.43 of the Revised Code, as amended by this act. The Director | 69772 |
| of Budget and Management shall transfer the certified amount to | 69773 |
| the Animal and Consumer Analytical Laboratory Services Fund (Fund | 69774 |
| 652) which is created in division (E)(2) of section 901.43 of the | 69775 |
| Revised Code, formerly named the Animal Industry Laboratory Fund. | 69776 |
| The Director of Budget and Management shall cancel any existing | 69777 |
| encumbrances against appropriation item 700-615, Animal Industry | 69778 |
| Lab Fees, and re-establish them against appropriation item | 69779 |
| 700-634, Laboratory Services. The amounts of the re-established | 69780 |
| encumbrances are hereby appropriated. | 69781 |
| PESTICIDE REGISTRATION AND INSPECTION FEE | 69782 |
| The registration and inspection fee established in rules | 69783 |
| adopted under section 921.16 of Revised Code for the purposes of | 69784 |
| section 921.02 of the Revised Code, as that section existed prior | 69785 |
| to its amendment by this act, that are in effect on January 1, | 69786 |
| 2005, shall remain in effect until the new fees established in | 69787 |
| section 921.02 of the Revised Code as amended by this act take | 69788 |
| effect on January 1, 2007. | 69789 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 69790 |
| The foregoing appropriation item 700-632, Clean Ohio | 69791 |
| Agricultural Easement, shall be used by the Department of | 69792 |
| Agriculture in administering sections 901.21, 901.22, and 5301.67 | 69793 |
| to 5301.70 of the Revised Code. | 69794 |
| TRANSFER BETWEEN FUNDS | 69795 |
| For fiscal years 2006 and 2007, if the cash credited to the | 69796 |
| Commercial Feed, Fertilizer, Seed, and Lime Inspection and | 69797 |
| Laboratory Fund (Fund 4C9) or the Pesticide Program Fund (Fund | 69798 |
| 669) exceeds the amount necessary to administer the programs for | 69799 |
| which they were intended, the Director of Agriculture may certify | 69800 |
| the amount to the Director of Budget and Management. The Director | 69801 |
| of Budget and Management may transfer the cash to any other fund | 69802 |
| administered by the Director of Agriculture. | 69803 |
| Section 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 69804 |
| General Revenue Fund | 69805 |
| GRF | 898-402 | Coal Development Office | $ | 568,814 | $ | 573,814 | 69806 | ||||
| GRF | 898-901 | Coal R&D General Obligation Debt Service | $ | 7,071,100 | $ | 8,980,800 | 69807 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,639,914 | $ | 9,554,614 | 69808 | ||||||
| Agency Fund Group | 69809 |
| 4Z9 | 898-602 | Small Business Ombudsman | $ | 263,165 | $ | 264,196 | 69810 | ||||
| 5A0 | 898-603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 69811 | ||||
| 570 | 898-601 | Operating Expenses | $ | 256,875 | $ | 263,693 | 69812 | ||||
| TOTAL AGY Agency Fund Group | $ | 591,127 | $ | 598,976 | 69813 | ||||||
| Coal Research/Development Fund | 69814 |
| 046 | 898-604 | Coal Research and Development Fund | $ | 10,000,000 | $ | 10,000,000 | 69815 | ||||
| TOTAL 046 Coal Research/Development Fund | $ | 10,000,000 | $ | 10,000,000 | 69816 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 18,231,041 | $ | 20,153,590 | 69817 | ||||||
| COAL DEVELOPMENT OFFICE | 69818 |
| The foregoing appropriation item GRF 898-402, Coal | 69819 |
| Development Office, shall be used for the administrative costs of | 69820 |
| the Coal Development Office. | 69821 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 69822 |
| The foregoing appropriation item GRF 898-901, Coal R & D | 69823 |
| General Obligation Debt Service, shall be used to pay all debt | 69824 |
| service and related financing costs at the times they are required | 69825 |
| to be made under sections 151.01 and 151.07 of the Revised Code | 69826 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 69827 |
| of the Sinking Fund or the Director of Budget and Management shall | 69828 |
| effectuate the required payments by intrastate transfer voucher. | 69829 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 69830 |
| The Air Quality Development Authority shall work in close | 69831 |
| collaboration with the Department of Development, the Board of | 69832 |
| Regents, and the Third Frontier Commission in relation to | 69833 |
| appropriation items and programs referred to as Alignment Programs | 69834 |
| in the following paragraph, and other technology-related | 69835 |
| appropriations and programs in the Department of Development, Air | 69836 |
| Quality Development Authority, and the Board of Regents as those | 69837 |
| agencies may designate, to ensure implementation of a coherent | 69838 |
| state strategy with respect to science and technology. | 69839 |
| To the extent permitted by law, the Air Quality Development | 69840 |
| Authority shall assure that coal research and development | 69841 |
| programs, proposals, and projects consider or incorporate | 69842 |
| appropriate collaborations with Third Frontier Project programs | 69843 |
| and grantees and with Alignment Programs and grantees. | 69844 |
| "Alignment Programs" means: appropriation items 195-401, | 69845 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 69846 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 69847 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 69848 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 69849 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 69850 |
| 235-535, Ohio Agricultural Research and Development Center; | 69851 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 69852 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 69853 |
| Academic Resources Network; and 195-435, Biomedical Research and | 69854 |
| Technology Transfer Trust. | 69855 |
| Consistent with the recommendations of the Governor's | 69856 |
| Commission on Higher Education and the Economy, Alignment Programs | 69857 |
| shall be managed and administered (1) to build on existing | 69858 |
| competitive research strengths, (2) to encourage new and emerging | 69859 |
| discoveries and commercialization of ideas and products that will | 69860 |
| benefit the Ohio economy, and (3) to assure improved collaboration | 69861 |
| among Alignment Programs, with programs administered by the Third | 69862 |
| Frontier Commission, and with other state programs that are | 69863 |
| intended to improve economic growth and job creation. | 69864 |
| As directed by the Third Frontier Commission, Alignment | 69865 |
| Program managers shall report to the Commission or to the Third | 69866 |
| Frontier Advisory Board on the contributions of their programs to | 69867 |
| achieving the objectives stated in the preceding paragraph. | 69868 |
| Each alignment program shall be reviewed annually by the | 69869 |
| Third Frontier Commission with respect to its development of | 69870 |
| complementary relationships within a combined state science and | 69871 |
| technology investment portfolio and its overall contribution to | 69872 |
| the state's science and technology strategy, including the | 69873 |
| adoption of appropriately consistent criteria for: (1) the | 69874 |
| scientific merit of activities supported by the program; (2) the | 69875 |
| relevance of the program's activities to commercial opportunities | 69876 |
| in the private sector; (3) the private sector's involvement in a | 69877 |
| process that continually evaluates commercial opportunities to use | 69878 |
| the work supported by the program; and (4) the ability of the | 69879 |
| program and recipients of grant funding from the program to engage | 69880 |
| in activities that are collaborative, complementary, and efficient | 69881 |
| with respect to the expenditure of state funds. Each alignment | 69882 |
| program shall provide annual reports to the Third Frontier | 69883 |
| Commission discussing existing, planned, or possible | 69884 |
| collaborations between programs and recipients of grant funding | 69885 |
| related to technology, development, commercialization, and | 69886 |
| supporting Ohio's economic development. The annual review by the | 69887 |
| Third Frontier Commission shall be a comprehensive review of the | 69888 |
| entire state science and technology program portfolio rather than | 69889 |
| a review of individual programs. | 69890 |
| Requirements for high-performance computing facilities and | 69891 |
| services, including both hardware and software, shall be | 69892 |
| specifically addressed in all proposals for Third Frontier and | 69893 |
| Alignment Program funding. Where such facilities and services | 69894 |
| individually or collectively exceed approximately $100,000 for a | 69895 |
| proposal, the Ohio Supercomputer Center shall convene a panel of | 69896 |
| experts to review the proposal to determine, for the consideration | 69897 |
| of the Third Frontier Commission, whether the proposed project | 69898 |
| requirements can be met through Ohio Supercomputer Center | 69899 |
| facilities or through other means. | 69900 |
| Section 203.30. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 69901 |
| SERVICES | 69902 |
| General Revenue Fund | 69903 |
| GRF | 038-321 | Operating Expenses | $ | 1,128,275 | $ | 1,128,275 | 69904 | ||||
| GRF | 038-401 | Treatment Services | $ | 35,593,265 | $ | 36,661,063 | 69905 | ||||
| GRF | 038-404 | Prevention Services | $ | 1,021,483 | $ | 1,052,127 | 69906 | ||||
| TOTAL GRF General Revenue Fund | $ | 37,743,023 | $ | 38,841,465 | 69907 | ||||||
| General Services Fund | 69908 |
| 5T9 | 038-616 | Problem Gambling Services | $ | 285,000 | $ | 285,000 | 69909 | ||||
| TOTAL GSF General Services Fund Group | $ | 285,000 | $ | 285,000 | 69910 | ||||||
| Federal Special Revenue Fund Group | 69911 |
| 3G3 | 038-603 | Drug Free Schools | $ | 3,500,000 | $ | 3,500,000 | 69912 | ||||
| 3G4 | 038-614 | Substance Abuse Block Grant | $ | 73,000,000 | $ | 73,000,000 | 69913 | ||||
| 3H8 | 038-609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 69914 | ||||
| 3J8 | 038-610 | Medicaid | $ | 42,000,000 | $ | 46,000,000 | 69915 | ||||
| 3N8 | 038-611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 69916 | ||||
| TOTAL FED Federal Special Revenue | 69917 | ||||||||||
| Fund Group | $ | 126,093,075 | $ | 130,093,075 | 69918 | ||||||
| State Special Revenue Fund Group | 69919 |
| 475 | 038-621 | Statewide Treatment and Prevention | $ | 17,500,000 | $ | 18,000,000 | 69920 | ||||
| 689 | 038-604 | Education and Conferences | $ | 350,000 | $ | 350,000 | 69921 | ||||
| TOTAL SSR State Special Revenue | 69922 | ||||||||||
| Fund Group | $ | 17,850,000 | $ | 18,350,000 | 69923 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 181,971,098 | $ | 187,569,540 | 69924 | ||||||
| OPERATING EXPENSES | 69925 |
| Of the foregoing appropriation item 038-321, Operating | 69926 |
| Expenses, $50,000 in each fiscal year shall be distributed | 69927 |
| directly to the Talbert House. | 69928 |
| TREATMENT SERVICES | 69929 |
| Of the foregoing appropriation item 038-401, Treatment | 69930 |
| Services, not more than $8,190,000 shall be used by the Department | 69931 |
| of Alcohol and Drug Addiction Services for program grants for | 69932 |
| priority populations in each year of the biennium. | 69933 |
| SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN | 69934 |
| Of the foregoing appropriation item 038-401, Treatment | 69935 |
| Services, $4 million in each fiscal year shall be used to provide | 69936 |
| substance abuse services to families involved in the child welfare | 69937 |
| system under the requirements of Am. Sub. H.B. 484 of the 122nd | 69938 |
| General Assembly. | 69939 |
| SERVICES FOR TANF-ELIGIBLE INDIVIDUALS | 69940 |
| Of the foregoing appropriation item 038-401, Treatment | 69941 |
| Services, $5 million each year shall be used to fund TANF-eligible | 69942 |
| expenditures for substance abuse prevention and treatment services | 69943 |
| to children, or their families, whose income is at or below 200 | 69944 |
| per cent of the official income poverty guideline. The Director of | 69945 |
| Alcohol and Drug Addiction Services and the Director of Job and | 69946 |
| Family Services shall develop operating and reporting guidelines | 69947 |
| for these programs. | 69948 |
| THERAPEUTIC COMMUNITIES | 69949 |
| Of the foregoing appropriation item 038-401, Treatment | 69950 |
| Services, $750,000 shall be used in each fiscal year for expansion | 69951 |
| of the Therapeutic Communities Program in the Department of | 69952 |
| Rehabilitation and Correction. | 69953 |
| PARENT AWARENESS TASK FORCE | 69954 |
| The Parent Awareness Task Force shall study ways to engage | 69955 |
| more parents in activities, coalitions, and educational programs | 69956 |
| in Ohio relating to alcohol and other drug abuse prevention. Of | 69957 |
| the foregoing appropriation item 038-404, Prevention Services, | 69958 |
| $30,000 in each fiscal year may be used to support the functions | 69959 |
| of the Parent Awareness Task Force. | 69960 |
| Section 203.36. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS | 69961 |
| General Services Fund Group | 69962 |
| 4K9 | 891-609 | Operating Expenses | $ | 489,197 | $ | 489,197 | 69963 | ||||
| TOTAL GSF General Services Fund | 69964 | ||||||||||
| Group | $ | 489,197 | $ | 489,197 | 69965 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 489,197 | $ | 489,197 | 69966 | ||||||
| Section 203.39. ART OHIO ARTS COUNCIL | 69968 |
| General Revenue Fund | 69969 |
| GRF | 370-100 | Personal Services | $ | 1,798,235 | $ | 1,798,235 | 69970 | ||||
| GRF | 370-200 | Maintenance | $ | 459,746 | $ | 459,746 | 69971 | ||||
| GRF | 370-300 | Equipment | $ | 4,700 | $ | 4,700 | 69972 | ||||
| GRF | 370-502 | Program Subsidies | $ | 7,975,480 | $ | 7,975,480 | 69973 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,238,161 | $ | 10,238,161 | 69974 | ||||||
| General Services Fund Group | 69975 |
| 4B7 | 370-603 | Per Cent for Art Acquisitions | $ | 86,366 | $ | 86,366 | 69976 | ||||
| 460 | 370-602 | Gifts and Donations | $ | 400,000 | $ | 400,000 | 69977 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,366 | $ | 486,366 | 69978 | ||||||
| Federal Special Revenue Fund Group | 69979 |
| 314 | 370-601 | Federal Programs | $ | 1,537,200 | $ | 1,537,200 | 69980 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,537,200 | $ | 1,537,200 | 69981 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,261,727 | $ | 12,261,727 | 69982 | ||||||
| PROGRAM SUBSIDIES | 69983 |
| A museum is not eligible to receive funds from appropriation | 69984 |
| item 370-502, Program Subsidies, if $8,000,000 or more in capital | 69985 |
| appropriations were appropriated by the state for the museum | 69986 |
| between January 1, 1986, and December 31, 2002. | 69987 |
| Section 203.42. AFC OHIO CULTURAL FACILITIES COMMISSION | 69988 |
| General Revenue Fund | 69989 |
| GRF | 371-321 | Operating Expenses | $ | 198,406 | $ | 195,707 | 69990 | ||||
| GRF | 371-401 | Lease Rental Payments | $ | 38,126,600 | $ | 38,246,500 | 69991 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,325,006 | $ | 38,442,207 | 69992 | ||||||
| State Special Revenue Fund Group | 69993 |
| 4T8 | 371-601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 69994 | ||||
| 4T8 | 371-603 | Project Administration | $ | 920,448 | $ | 983,295 | 69995 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,001,448 | $ | 1,064,295 | 69996 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 39,326,454 | $ | 39,506,502 | 69997 | ||||||
| LEASE RENTAL PAYMENTS | 69998 |
| The foregoing appropriation item 371-401, Lease Rental | 69999 |
| Payments, shall be used for payments to the Ohio Building | 70000 |
| Authority and the Treasurer of State for the period from July 1, | 70001 |
| 2005, to June 30, 2007, under the primary leases and agreements | 70002 |
| for those arts and sports facilities made under Chapters 152. and | 70003 |
| 154. of the Revised Code, but limited to the aggregate amount of | 70004 |
| $76,373,100. This appropriation is the source of funds pledged for | 70005 |
| bond service charges on related obligations issued pursuant to | 70006 |
| Chapter 152. of the Revised Code. | 70007 |
| OPERATING EXPENSES | 70008 |
| The foregoing appropriation item 371-321, Operating Expenses, | 70009 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 70010 |
| out its responsibilities under this section and Chapter 3383. of | 70011 |
| the Revised Code. | 70012 |
| By July 10, 2005, or as soon as possible thereafter, the | 70013 |
| Director of Budget and Management shall determine the amount of | 70014 |
| cash from interest earnings to be transferred from the Ohio | 70015 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 70016 |
| Administration Fund (Fund 4T8). | 70017 |
| By July 10, 2006, or as soon as possible thereafter, the | 70018 |
| Director of Budget and Management shall determine the amount of | 70019 |
| cash from interest earnings to be transferred from the Ohio | 70020 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 70021 |
| Administration Fund (Fund 4T8). | 70022 |
| Section 203.45. ATH ATHLETIC COMMISSION | 70023 |
| General Services Fund Group | 70024 |
| 4K9 | 175-609 | Operating Expenses | $ | 248,150 | $ | 0 | 70025 | ||||
| TOTAL GSF General Services Fund Group | $ | 248,150 | $ | 0 | 70026 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 248,150 | $ | 0 | 70027 | ||||||
| Section 203.48. AGO ATTORNEY GENERAL | 70029 |
| General Revenue Fund | 70030 |
| GRF | 055-321 | Operating Expenses | $ | 42,118,150 | $ | 52,610,156 | 70031 | ||||
| GRF | 055-411 | County Sheriffs' Pay Supplement | $ | 760,495 | $ | 779,509 | 70032 | ||||
| GRF | 055-415 | County Prosecutors' Pay Supplement | $ | 740,704 | $ | 759,222 | 70033 | ||||
| TOTAL GRF General Revenue Fund | $ | 43,619,349 | $ | 54,148,887 | 70034 | ||||||
| General Services Fund Group | 70035 |
| 106 | 055-612 | General Reimbursement | $ | 21,370,196 | $ | 21,370,196 | 70036 | ||||
| 107 | 055-624 | Employment Services | $ | 850,000 | $ | 850,000 | 70037 | ||||
| 195 | 055-660 | Workers' Compensation Section | $ | 7,769,628 | $ | 7,769,628 | 70038 | ||||
| 4Y7 | 055-608 | Title Defect Rescission | $ | 250,000 | $ | 250,000 | 70039 | ||||
| 4Z2 | 055-609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,332,109 | $ | 1,332,109 | 70040 | ||||
| 418 | 055-615 | Charitable Foundations | $ | 4,899,066 | $ | 4,899,066 | 70041 | ||||
| 420 | 055-603 | Attorney General Antitrust | $ | 446,449 | $ | 446,449 | 70042 | ||||
| 421 | 055-617 | Police Officers' Training Academy Fee | $ | 1,693,213 | $ | 1,693,213 | 70043 | ||||
| 5A9 | 055-618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 70044 | ||||
| 590 | 055-633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 70045 | ||||
| 629 | 055-636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 70046 | ||||
| 631 | 055-637 | Consumer Protection Enforcement | $ | 1,373,832 | $ | 1,373,832 | 70047 | ||||
| TOTAL GSF General Services Fund | 70048 | ||||||||||
| Group | $ | 40,105,363 | $ | 40,105,363 | 70049 | ||||||
| Federal Special Revenue Fund Group | 70050 |
| 3E5 | 055-638 | Attorney General Pass-Through Funds | $ | 1,981,102 | $ | 1,981,102 | 70051 | ||||
| 3R6 | 055-613 | Attorney General Federal Funds | $ | 3,842,097 | $ | 3,842,097 | 70052 | ||||
| 306 | 055-620 | Medicaid Fraud Control | $ | 2,799,000 | $ | 2,799,000 | 70053 | ||||
| 381 | 055-611 | Civil Rights Legal Service | $ | 390,815 | $ | 390,815 | 70054 | ||||
| 383 | 055-634 | Crime Victims Assistance | $ | 18,439,313 | $ | 18,439,313 | 70055 | ||||
| TOTAL FED Federal Special Revenue | 70056 | ||||||||||
| Fund Group | $ | 27,452,327 | $ | 27,452,327 | 70057 | ||||||
| State Special Revenue Fund Group | 70058 |
| 4L6 | 055-606 | DARE | $ | 3,927,962 | $ | 3,927,962 | 70059 | ||||
| 402 | 055-616 | Victims of Crime | $ | 30,000,000 | $ | 30,000,000 | 70060 | ||||
| 419 | 055-623 | Claims Section | $ | 23,671,954 | $ | 15,149,954 | 70061 | ||||
| 659 | 055-641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 70062 | ||||
| TOTAL SSR State Special Revenue | 70063 | ||||||||||
| Fund Group | $ | 58,221,075 | $ | 49,699,075 | 70064 | ||||||
| Holding Account Redistribution Fund Group | 70065 |
| R04 | 055-631 | General Holding Account | $ | 275,000 | $ | 275,000 | 70066 | ||||
| R05 | 055-632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 70067 | ||||
| R18 | 055-630 | Consumer Frauds | $ | 300,000 | $ | 300,000 | 70068 | ||||
| R42 | 055-601 | Organized Crime Commission Account | $ | 25,025 | $ | 25,025 | 70069 | ||||
| TOTAL 090 Holding Account | 70070 | ||||||||||
| Redistribution Fund Group | $ | 601,025 | $ | 601,025 | 70071 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 169,999,139 | $ | 172,006,677 | 70072 | ||||||
| COUNTY SHERIFFS' PAY SUPPLEMENT | 70073 |
| The foregoing appropriation item 055-411, County Sheriffs' | 70074 |
| Pay Supplement, shall be used for the purpose of supplementing the | 70075 |
| annual compensation of county sheriffs as required by section | 70076 |
| 325.06 of the Revised Code. | 70077 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 70078 |
| The foregoing appropriation item 055-415, County Prosecutors' | 70079 |
| Pay Supplement, shall be used for the purpose of supplementing the | 70080 |
| annual compensation of certain county prosecutors as required by | 70081 |
| section 325.111 of the Revised Code. | 70082 |
| WORKERS' COMPENSATION SECTION | 70083 |
| The Workers' Compensation Section Fund (Fund 195) is entitled | 70084 |
| to receive payments from the Bureau of Workers' Compensation and | 70085 |
| the Ohio Industrial Commission at the beginning of each quarter of | 70086 |
| each fiscal year to fund legal services to be provided to the | 70087 |
| Bureau of Workers' Compensation and the Ohio Industrial Commission | 70088 |
| during the ensuing quarter. The advance payment shall be subject | 70089 |
| to adjustment. | 70090 |
| In addition, the Bureau of Workers' Compensation shall | 70091 |
| transfer payments at the beginning of each quarter for the support | 70092 |
| of the Workers' Compensation Fraud Unit. | 70093 |
| All amounts shall be mutually agreed upon by the Attorney | 70094 |
| General, the Bureau of Workers' Compensation, and the Ohio | 70095 |
| Industrial Commission. | 70096 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 70097 |
| The foregoing appropriation item 055-636, Corrupt Activity | 70098 |
| Investigation and Prosecution, shall be used as provided by | 70099 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 70100 |
| of the proceeds, fines, and penalties credited to the Corrupt | 70101 |
| Activity Investigation and Prosecution Fund, which is created in | 70102 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. If it | 70103 |
| is determined that additional amounts are necessary for this | 70104 |
| purpose, the amounts are hereby appropriated. | 70105 |
| FEDERAL PASS-THROUGH FUNDS | 70106 |
| The foregoing appropriation item 055-638, Attorney General | 70107 |
| Pass-Through Funds, shall be used to receive federal grant funds | 70108 |
| provided to the Attorney General by other state agencies, | 70109 |
| including, but not limited to, the Department of Youth Services | 70110 |
| and the Department of Public Safety. (These grants or subgrants | 70111 |
| generally pertain to criminal justice activities such as law | 70112 |
| enforcement or victims' services.) | 70113 |
| ANTITRUST SETTLEMENTS | 70114 |
| The foregoing appropriation item 055-632, Antitrust | 70115 |
| Settlements, shall be used to distribute court-ordered antitrust | 70116 |
| settlements in which the Office of Attorney General represents the | 70117 |
| state or a political subdivision under section 109.81 of the | 70118 |
| Revised Code. If it is determined that additional amounts are | 70119 |
| necessary for this purpose, the amounts are hereby appropriated. | 70120 |
| CONSUMER FRAUDS | 70121 |
| The foregoing appropriation item 055-630, Consumer Frauds, | 70122 |
| shall be used for distribution of moneys from court-ordered | 70123 |
| judgments against sellers in actions brought by the Office of | 70124 |
| Attorney General under sections 1334.08 and 4549.48 and division | 70125 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 70126 |
| used to provide restitution to consumers victimized by the fraud | 70127 |
| that generated the court-ordered judgments. If it is determined | 70128 |
| that additional amounts are necessary for this purpose, the | 70129 |
| amounts are hereby appropriated. | 70130 |
| ORGANIZED CRIME COMMISSION ACCOUNT | 70131 |
| The foregoing appropriation item 055-601, Organized Crime | 70132 |
| Commission Account, shall be used by the Organized Crime | 70133 |
| Investigations Commission, as provided by section 177.011 of the | 70134 |
| Revised Code, to reimburse political subdivisions for the expenses | 70135 |
| the political subdivisions incur when their law enforcement | 70136 |
| officers participate in an organized crime task force. If it is | 70137 |
| determined that additional amounts are necessary for this purpose, | 70138 |
| the amounts are hereby appropriated. | 70139 |
| Section 203.51. AUD AUDITOR OF STATE | 70140 |
| General Revenue Fund | 70141 |
| GRF | 070-321 | Operating Expenses | $ | 28,964,425 | $ | 28,964,425 | 70142 | ||||
| GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 500,000 | $ | 500,000 | 70143 | ||||
| GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 823,193 | $ | 823,193 | 70144 | ||||
| GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 1,588,538 | $ | 1,588,538 | 70145 | ||||
| TOTAL GRF General Revenue Fund | $ | 31,876,156 | $ | 31,876,156 | 70146 | ||||||
| Auditor of State Fund Group | 70147 |
| R06 | 070-604 | Continuous Receipts | $ | 35,000 | $ | 35,000 | 70148 | ||||
| 109 | 070-601 | Public Audit Expense - Intra-State | $ | 9,300,000 | $ | 9,300,000 | 70149 | ||||
| 422 | 070-601 | Public Audit Expense - Local Government | $ | 31,104,840 | $ | 31,104,840 | 70150 | ||||
| 584 | 070-603 | Training Program | $ | 131,250 | $ | 131,250 | 70151 | ||||
| 675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 70152 | ||||
| TOTAL AUS Auditor of State Fund | 70153 | ||||||||||
| Group | $ | 43,888,426 | $ | 43,888,426 | 70154 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 75,764,582 | $ | 75,764,582 | 70155 | ||||||
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 70156 |
| The foregoing appropriation item 070-403, Fiscal | 70157 |
| Watch/Emergency Technical Assistance, shall be used for all | 70158 |
| expenses incurred by the Office of the Auditor of State in its | 70159 |
| role relating to fiscal watch or fiscal emergency activities under | 70160 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, but | 70161 |
| are not limited to, the following: duties related to the | 70162 |
| determination or termination of fiscal watch or fiscal emergency | 70163 |
| of municipal corporations, counties, or townships as outlined in | 70164 |
| Chapter 118. of the Revised Code and of school districts as | 70165 |
| outlined in Chapter 3316. of the Revised Code; development of | 70166 |
| preliminary accounting reports; performance of annual forecasts; | 70167 |
| provision of performance audits; and supervisory, accounting, or | 70168 |
| auditing services for the mentioned public entities and school | 70169 |
| districts. The unencumbered balance of appropriation item 070-403, | 70170 |
| Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 70171 |
| year 2006 is transferred to fiscal year 2007 for use under the | 70172 |
| same appropriation item. | 70173 |
| ELECTRONIC DATA PROCESSING | 70174 |
| The unencumbered balance of appropriation item 070-405, | 70175 |
| Electronic Data Processing - Auditing and Administration, at the | 70176 |
| end of fiscal year 2006 is transferred to fiscal year 2007 for use | 70177 |
| under the same appropriation item. | 70178 |
| UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 70179 |
| The foregoing appropriation item 070-406, Uniform Accounting | 70180 |
| Network/Technology Improvements Fund, shall be used to pay the | 70181 |
| costs of developing and implementing the Uniform Accounting | 70182 |
| Network and technology improvements for the Office of the Auditor | 70183 |
| of State. The unencumbered balance of the appropriation at the end | 70184 |
| of fiscal year 2006 is transferred to fiscal year 2007 to pay the | 70185 |
| costs of developing and implementing the Uniform Accounting | 70186 |
| Network and technology improvements for the Office of the Auditor | 70187 |
| of State. | 70188 |
| Section 203.54. BRB BOARD OF BARBER EXAMINERS | 70189 |
| General Services Fund Group | 70190 |
| 4K9 | 877-609 | Operating Expenses | $ | 568,126 | $ | 0 | 70191 | ||||
| TOTAL GSF General Services Fund | 70192 | ||||||||||
| Group | $ | 568,126 | $ | 0 | 70193 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 568,126 | $ | 0 | 70194 | ||||||
| Section 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT | 70196 |
| General Revenue Fund | 70197 |
| GRF | 042-321 | Budget Development and Implementation | $ | 2,143,886 | $ | 2,143,886 | 70198 | ||||
| GRF | 042-410 | National Association Dues | $ | 27,089 | $ | 28,173 | 70199 | ||||
| GRF | 042-412 | Audit of Auditor of State | $ | 55,900 | $ | 58,700 | 70200 | ||||
| GRF | 042-435 | Gubernatorial Transition | $ | 0 | $ | 250,000 | 70201 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,226,875 | $ | 2,480,759 | 70202 | ||||||
| General Services Fund Group | 70203 |
| 105 | 042-603 | Accounting and Budgeting | $ | 9,781,085 | $ | 9,976,689 | 70204 | ||||
| TOTAL GSF General Services Fund Group | $ | 9,781,085 | $ | 9,976,689 | 70205 | ||||||
| State Special Revenue Fund Group | 70206 |
| 5N4 | 042-602 | OAKS Project Implementation | $ | 2,262,441 | $ | 2,272,595 | 70207 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,262,441 | $ | 2,272,595 | 70208 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,270,401 | $ | 14,730,043 | 70209 | ||||||
| AUDIT COSTS | 70210 |
| Of the foregoing appropriation item 042-603, Accounting and | 70211 |
| Budgeting, not more than $420,000 in fiscal year 2006 and $425,000 | 70212 |
| in fiscal year 2007 shall be used to pay for centralized audit | 70213 |
| costs associated with either Single Audit Schedules or financial | 70214 |
| statements prepared in conformance with generally accepted | 70215 |
| accounting principles for the state. | 70216 |
| OAKS PROJECT IMPLEMENTATION | 70217 |
| Notwithstanding section 126.25 of the Revised Code, in fiscal | 70218 |
| years 2006 and 2007, rebates or revenue shares received from any | 70219 |
| state payment card program established under division (B) of | 70220 |
| section 126.21 of the Revised Code may be deposited into the OAKS | 70221 |
| Project Implementation Fund (Fund 5N4). | 70222 |
| Section 203.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 70223 |
| General Revenue Fund | 70224 |
| GRF | 874-100 | Personal Services | $ | 1,900,000 | $ | 1,900,000 | 70225 | ||||
| GRF | 874-320 | Maintenance and Equipment | $ | 992,269 | $ | 952,269 | 70226 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,892,269 | $ | 2,852,269 | 70227 | ||||||
| General Services Fund Group | 70228 |
| 4G5 | 874-603 | Capitol Square Maintenance Expenses | $ | 15,000 | $ | 15,000 | 70229 | ||||
| 4S7 | 874-602 | Statehouse Gift Shop/Events | $ | 770,484 | $ | 770,484 | 70230 | ||||
| TOTAL GSF General Services | 70231 | ||||||||||
| Fund Group | $ | 785,484 | $ | 785,484 | 70232 | ||||||
| Underground Parking Garage | 70233 |
| 208 | 874-601 | Underground Parking Garage Operating | $ | 2,959,721 | $ | 2,959,721 | 70234 | ||||
| TOTAL UPG Underground Parking | 70235 | ||||||||||
| Garage | $ | 2,959,721 | $ | 2,959,721 | 70236 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,637,474 | $ | 6,597,474 | 70237 | ||||||
| EXPANSION OF COMMITTEE HEARING ROOMS | 70238 |
| Of the foregoing appropriation item 874-320, Maintenance and | 70239 |
| Equipment, $40,000 in fiscal year 2006 shall be used to expand the | 70240 |
| House of Representatives committee hearing rooms, numbers 119 and | 70241 |
| 121. | 70242 |
| Section 203.63. SCR STATE BOARD OF CAREER COLLEGES AND | 70243 |
| SCHOOLS | 70244 |
| General Services Fund Group | 70245 |
| 4K9 | 233-601 | Operating Expenses | $ | 486,700 | $ | 508,600 | 70246 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,700 | $ | 508,600 | 70247 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 486,700 | $ | 508,600 | 70248 | ||||||
| Section 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 70250 |
| General Services Fund Group | 70251 |
| 4K9 | 930-609 | Operating Expenses | $ | 452,976 | $ | 0 | 70252 | ||||
| TOTAL GSF General Services Fund Group | $ | 452,976 | $ | 0 | 70253 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 452,976 | $ | 0 | 70254 | ||||||
| Section 203.69. CHR STATE CHIROPRACTIC BOARD | 70256 |
| General Services Fund Group | 70257 |
| 4K9 | 878-609 | Operating Expenses | $ | 605,278 | $ | 0 | 70258 | ||||
| TOTAL GSF General Services Fund | 70259 | ||||||||||
| Group | $ | 605,278 | $ | 0 | 70260 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 605,278 | $ | 0 | 70261 | ||||||
| Section 203.72. CIV OHIO CIVIL RIGHTS COMMISSION | 70263 |
| General Revenue Fund | 70264 |
| GRF | 876-321 | Operating Expenses | $ | 7,253,075 | $ | 7,470,667 | 70265 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,253,075 | $ | 7,470,667 | 70266 | ||||||
| Federal Special Revenue Fund Group | 70267 |
| 334 | 876-601 | Investigations | $ | 3,760,000 | $ | 3,560,000 | 70268 | ||||
| TOTAL FED Federal Special Revenue | 70269 | ||||||||||
| Fund Group | $ | 3,760,000 | $ | 3,560,000 | 70270 | ||||||
| State Special Revenue Fund Group | 70271 |
| 217 | 876-604 | Operations Support | $ | 50,951 | $ | 50,951 | 70272 | ||||
| TOTAL SSR State Special | 70273 | ||||||||||
| Revenue Fund Group | $ | 50,951 | $ | 50,951 | 70274 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,064,026 | $ | 11,081,618 | 70275 | ||||||
| Section 203.75. COM DEPARTMENT OF COMMERCE | 70277 |
| General Revenue Fund | 70278 |
| GRF | 800-410 | Labor and Worker Safety | $ | 2,086,477 | $ | 2,032,397 | 70279 | ||||
| Total GRF General Revenue Fund | $ | 2,086,477 | $ | 2,032,397 | 70280 | ||||||
| General Services Fund Group | 70281 |
| 163 | 800-620 | Division of Administration | $ | 4,262,314 | $ | 4,368,037 | 70282 | ||||
| 163 | 800-637 | Information Technology | $ | 2,733,853 | $ | 2,785,045 | 70283 | ||||
| 5F1 | 800-635 | Small Government Fire Departments | $ | 250,000 | $ | 250,000 | 70284 | ||||
| 543 | 800-602 | Unclaimed Funds-Operating | $ | 7,351,051 | $ | 7,351,051 | 70285 | ||||
| 543 | 800-625 | Unclaimed Funds-Claims | $ | 52,000,000 | $ | 55,000,000 | 70286 | ||||
| TOTAL GSF General Services Fund | 70287 | ||||||||||
| Group | $ | 66,597,218 | $ | 69,754,133 | 70288 | ||||||
| Federal Special Revenue Fund Group | 70289 |
| 348 | 800-622 | Underground Storage Tanks | $ | 195,008 | $ | 195,008 | 70290 | ||||
| 348 | 800-624 | Leaking Underground Storage Tanks | $ | 1,850,000 | $ | 1,850,000 | 70291 | ||||
| TOTAL FED Federal Special Revenue | 70292 | ||||||||||
| Fund Group | $ | 2,045,008 | $ | 2,045,008 | 70293 | ||||||
| State Special Revenue Fund Group | 70294 |
| 4B2 | 800-631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 70295 | ||||
| 4H9 | 800-608 | Cemeteries | $ | 273,465 | $ | 273,465 | 70296 | ||||
| 4X2 | 800-619 | Financial Institutions | $ | 2,200,843 | $ | 2,200,843 | 70297 | ||||
| 5K7 | 800-621 | Penalty Enforcement | $ | 50,000 | $ | 50,000 | 70298 | ||||
| 544 | 800-612 | Banks | $ | 6,757,197 | $ | 6,759,197 | 70299 | ||||
| 545 | 800-613 | Savings Institutions | $ | 2,678,248 | $ | 2,669,774 | 70300 | ||||
| 546 | 800-610 | Fire Marshal | $ | 12,187,994 | $ | 12,292,994 | 70301 | ||||
| 546 | 800-639 | Fire Department Grants | $ | 1,647,140 | $ | 1,647,140 | 70302 | ||||
| 547 | 800-603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 70303 | ||||
| 548 | 800-611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 70304 | ||||
| 549 | 800-614 | Real Estate | $ | 3,605,892 | $ | 3,605,892 | 70305 | ||||
| 550 | 800-617 | Securities | $ | 4,300,000 | $ | 4,400,000 | 70306 | ||||
| 552 | 800-604 | Credit Union | $ | 2,936,852 | $ | 2,941,852 | 70307 | ||||
| 553 | 800-607 | Consumer Finance | $ | 4,300,445 | $ | 4,300,445 | 70308 | ||||
| 556 | 800-615 | Industrial Compliance | $ | 25,037,257 | $ | 25,037,257 | 70309 | ||||
| 6A4 | 800-630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 70310 | ||||
| 653 | 800-629 | UST Registration/Permit Fee | $ | 1,249,632 | $ | 1,249,632 | 70311 | ||||
| TOTAL SSR State Special Revenue | 70312 | ||||||||||
| Fund Group | $ | 68,223,971 | $ | 68,427,497 | 70313 | ||||||
| Liquor Control Fund Group | 70314 |
| 043 | 800-601 | Merchandising | $ | 382,595,409 | $ | 397,839,347 | 70315 | ||||
| 043 | 800-627 | Liquor Control Operating | $ | 16,873,183 | $ | 15,981,346 | 70316 | ||||
| 043 | 800-633 | Development Assistance Debt Service | $ | 32,158,300 | $ | 39,230,000 | 70317 | ||||
| 043 | 800-636 | Revitalization Debt Service | $ | 9,740,500 | $ | 13,485,800 | 70318 | ||||
| TOTAL LCF Liquor Control | 70319 | ||||||||||
| Fund Group | $ | 441,367,392 | $ | 466,536,493 | 70320 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 580,320,066 | $ | 608,795,528 | 70321 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 70322 |
| Notwithstanding section 3737.17 of the Revised Code, the | 70323 |
| foregoing appropriation item 800-635, Small Government Fire | 70324 |
| Departments, may be used to provide loans to private fire | 70325 |
| departments. | 70326 |
| PENALTY ENFORCEMENT | 70327 |
| The foregoing appropriation item 800-621, Penalty | 70328 |
| Enforcement, shall be used to enforce sections 4115.03 to 4115.16 | 70329 |
| of the Revised Code. | 70330 |
| UNCLAIMED FUNDS PAYMENTS | 70331 |
| The foregoing appropriation item 800-625, Unclaimed | 70332 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 70333 |
| the Revised Code. If it is determined that additional amounts are | 70334 |
| necessary, the amounts are hereby appropriated. | 70335 |
| UNCLAIMED FUNDS TRANSFERS | 70336 |
| Notwithstanding division (A) of section 169.05 of the Revised | 70337 |
| Code, prior to June 30, 2006, and upon the request of the Director | 70338 |
| of Budget and Management, the Director of Commerce shall transfer | 70339 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 70340 |
| that have been reported by holders of unclaimed funds under | 70341 |
| section 169.05 of the Revised Code, irrespective of the allocation | 70342 |
| of the unclaimed funds under that section. | 70343 |
| Notwithstanding division (A) of section 169.05 of the Revised | 70344 |
| Code, prior to June 30, 2007, and upon the request of the Director | 70345 |
| of Budget and Management, the Director of Commerce shall transfer | 70346 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 70347 |
| that have been reported by holders of unclaimed funds under | 70348 |
| section 169.05 of the Revised Code, irrespective of the allocation | 70349 |
| of the unclaimed funds under that section. | 70350 |
| CASH TRANSFER TO STATE FIRE MARSHAL FUND (FUND 546) | 70351 |
| Effective July 1, 2005, or as soon thereafter as possible, | 70352 |
| the Director of Budget and Management shall transfer the cash | 70353 |
| balance in the Fire Marshal's Fireworks Training and Education | 70354 |
| Fund (Fund 4L5), which is abolished in division (B) of section | 70355 |
| 3743.57 of the Revised Code as amended by this act, to the State | 70356 |
| Fire Marshal's Fund (Fund 546), which is created in section | 70357 |
| 3737.71 of the Revised Code. The director shall cancel any | 70358 |
| existing encumbrances against appropriation item 800-609, | 70359 |
| Fireworks Training and Education, in Fund 4L5, and re-establish | 70360 |
| them against appropriation item 800-610, Fire Marshal, in Fund | 70361 |
| 546. The amounts of the re-established encumbrances are hereby | 70362 |
| appropriated. | 70363 |
| CASH TRANSFER TO BUDGET STABILIZATION FUND | 70364 |
| Notwithstanding any other law to the contrary, the Director | 70365 |
| of Budget and Management shall transfer up to $1,700,000 in cash | 70366 |
| in fiscal year 2006 and up to $1,600,000 in cash in fiscal year | 70367 |
| 2007 from the State Fire Marshal Fund (Fund 546) to the Budget | 70368 |
| Stabilization Fund. | 70369 |
| FIRE DEPARTMENT GRANTS | 70370 |
| Of the foregoing appropriation item 800-639, Fire Department | 70371 |
| Grants, up to $760,000 in each fiscal year shall be used to make | 70372 |
| annual grants to volunteer fire departments of up to $10,000, or | 70373 |
| up to $25,000 if the volunteer fire department provides service | 70374 |
| for an area affected by a natural disaster. The grant program | 70375 |
| shall be administered by the Fire Marshal under the Department of | 70376 |
| Commerce. The Fire Marshal shall adopt rules as are necessary for | 70377 |
| the administration and operation of the grant program. | 70378 |
| Of the foregoing appropriation item 800-639, Fire Department | 70379 |
| Grants, up to $687,140 in each fiscal year shall be used as full | 70380 |
| or partial reimbursement to local units of government and fire | 70381 |
| departments for the cost of firefighter training and equipment or | 70382 |
| gear. Under rules that the department shall adopt, a local unit of | 70383 |
| government or fire department may apply to the department for a | 70384 |
| grant to cover all documented costs that are incurred to provide | 70385 |
| firefighter training and equipment or gear. The department shall | 70386 |
| make grants within the limits of the funding provided, with | 70387 |
| priority given to fire departments that serve small villages and | 70388 |
| townships. | 70389 |
| Of the foregoing appropriation item 800-639, Fire Department | 70390 |
| Grants, up to $200,000 in each fiscal year shall be used to make | 70391 |
| grants to fire departments to assist in the conversion of existing | 70392 |
| data systems to the NFIRS 5 electronic fire reporting system. | 70393 |
| Under rules that the department shall adopt, awards shall have a | 70394 |
| maximum of $50,000 per fire department and shall be based on a | 70395 |
| point system that includes factors such as consideration of the | 70396 |
| fire department's information technology and operating budgets, | 70397 |
| population and area served, number of incidents, data conversion | 70398 |
| and implementation methods, and readiness. | 70399 |
| CASH TRANSFER TO REAL ESTATE OPERATING FUND | 70400 |
| At the request of the Director of Commerce, the Director of | 70401 |
| Budget and Management may transfer up to $100,000 in cash from the | 70402 |
| Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash | 70403 |
| from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the | 70404 |
| Real Estate Operating Fund (Fund 549) during the 2005-2007 | 70405 |
| biennium. | 70406 |
| INCREASED APPROPRIATION AUTHORITY - MERCHANDISING | 70407 |
| The foregoing appropriation item 800-601, Merchandising, | 70408 |
| shall be used under section 4301.12 of the Revised Code. If it is | 70409 |
| determined that additional amounts are necessary, the amounts are | 70410 |
| hereby appropriated. | 70411 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 70412 |
| The foregoing appropriation item 800-633, Development | 70413 |
| Assistance Debt Service, shall be used to meet all payments at the | 70414 |
| times they are required to be made during the period from July 1, | 70415 |
| 2005, to June 30, 2007, for bond service charges on obligations | 70416 |
| issued under Chapter 166. of the Revised Code. If it is determined | 70417 |
| that additional appropriations are necessary for this purpose, | 70418 |
| such amounts are hereby appropriated, subject to the limitations | 70419 |
| set forth in section 166.11 of the Revised Code. The General | 70420 |
| Assembly acknowledges that an appropriation for this purpose is | 70421 |
| not required, but is made in this form and in this act for record | 70422 |
| purposes only. | 70423 |
| REVITALIZATION DEBT SERVICE | 70424 |
| The foregoing appropriation item 800-636, Revitalization Debt | 70425 |
| Service, shall be used to pay debt service and related financing | 70426 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 70427 |
| the period from July 1, 2005, to June 30, 2007. If it is | 70428 |
| determined that additional appropriations are necessary for this | 70429 |
| purpose, such amounts are hereby appropriated. The General | 70430 |
| Assembly acknowledges the priority of the pledge of a portion of | 70431 |
| receipts from that source to obligations issued and to be issued | 70432 |
| under Chapter 166. of the Revised Code. | 70433 |
| ADMINISTRATIVE ASSESSMENTS | 70434 |
| Notwithstanding any other provision of law to the contrary, | 70435 |
| Fund 163, Division of Administration, is entitled to receive | 70436 |
| assessments from all operating funds of the department in | 70437 |
| accordance with procedures prescribed by the Director of Commerce | 70438 |
| and approved by the Director of Budget and Management. | 70439 |
| Section 203.78. OCC OFFICE OF CONSUMERS' COUNSEL | 70440 |
| General Services Fund Group | 70441 |
| 5F5 | 053-601 | Operating Expenses | $ | 7,770,000 | $ | 7,770,000 | 70442 | ||||
| TOTAL GSF General Services Fund Group | $ | 7,770,000 | $ | 7,770,000 | 70443 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,770,000 | $ | 7,770,000 | 70444 | ||||||
| Section 203.81. CEB CONTROLLING BOARD | 70446 |
| General Revenue Fund | 70447 |
| GRF | 911-401 | Emergency Purposes/Contingencies | $ | 12,150,000 | $ | 7,000,000 | 70448 | ||||
| GRF | 911-404 | Mandate Assistance | $ | 650,000 | $ | 650,000 | 70449 | ||||
| GRF | 911-417 | Educational Technology Fund | $ | 27,942,693 | $ | 27,942,693 | 70450 | ||||
| GRF | 911-441 | Ballot Advertising Costs | $ | 300,000 | $ | 300,000 | 70451 | ||||
| TOTAL GRF General Revenue Fund | $ | 41,042,693 | $ | 35,892,693 | 70452 | ||||||
| General Services Fund Group | 70453 |
| 4F3 | 911-603 | Affiliate Services | $ | 2,000,000 | $ | 2,000,000 | 70454 | ||||
| 4T2 | 911-604 | Government Television/Telecommunication Operating | $ | 150,000 | $ | 150,000 | 70455 | ||||
| 5D4 | 911-605 | Conference/Special Purpose Expenses | $ | 1,350,000 | $ | 1,350,000 | 70456 | ||||
| TOTAL GSF General Services Fund Group | $ | 3,500,000 | $ | 3,500,000 | 70457 | ||||||
| Federal Special Revenue Fund Group | 70458 |
| 3S3 | 911-610 | Technology Literacy Challenge | $ | 589,363 | $ | 589,363 | 70459 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 589,363 | $ | 589,363 | 70460 | ||||||
| State Special Revenue Fund Group | 70461 |
| 4W9 | 911-607 | Ohio Telecommunity Fund | $ | 50,000 | $ | 25,000 | 70462 | ||||
| 4X1 | 911-608 | Distance Learning | $ | 250,000 | $ | 100,000 | 70463 | ||||
| 5T3 | 911-609 | Gates Foundation Grants | $ | 600,000 | $ | 200,000 | 70464 | ||||
| TOTAL SSR State Special | 70465 | ||||||||||
| Revenue Fund Group | $ | 900,000 | $ | 325,000 | 70466 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 46,032,056 | $ | 40,307,056 | 70467 | ||||||
| FEDERAL SHARE | 70468 |
| In transferring appropriations to or from appropriation items | 70469 |
| that have federal shares identified in this act, the Controlling | 70470 |
| Board shall add or subtract corresponding amounts of federal | 70471 |
| matching funds at the percentages indicated by the state and | 70472 |
| federal division of the appropriations in this act. Such changes | 70473 |
| are hereby appropriated. | 70474 |
| DISASTER ASSISTANCE | 70475 |
| Pursuant to requests submitted by the Department of Public | 70476 |
| Safety, the Controlling Board may approve transfers from | 70477 |
| appropriation item 911-401, Emergency Purposes/Contingencies, to | 70478 |
| Department of Public Safety appropriation items to provide funding | 70479 |
| for assistance to political subdivisions and individuals made | 70480 |
| necessary by natural disasters or emergencies. Such transfers may | 70481 |
| be requested and approved prior to or following the occurrence of | 70482 |
| any specific natural disasters or emergencies in order to | 70483 |
| facilitate the provision of timely assistance. | 70484 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 70485 |
| The Division of Criminal Justice Services in the Department | 70486 |
| of Public Safety and the Public Defender Commission may each | 70487 |
| request, upon approval of the Director of Budget and Management, | 70488 |
| additional funds from appropriation item 911-401, Emergency | 70489 |
| Purposes/Contingencies, for costs related to the disturbance that | 70490 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 70491 |
| Facility in Lucasville, Ohio. | 70492 |
| MANDATE ASSISTANCE | 70493 |
| (A) The foregoing appropriation item 911-404, Mandate | 70494 |
| Assistance, shall be used to provide financial assistance to local | 70495 |
| units of government and school districts for the cost of the | 70496 |
| following two unfunded state mandates: | 70497 |
| (1) The cost to county prosecutors for prosecuting certain | 70498 |
| felonies that occur on the grounds of state institutions operated | 70499 |
| by the Department of Rehabilitation and Correction and the | 70500 |
| Department of Youth Services; | 70501 |
| (2) The cost to school districts of in-service training for | 70502 |
| child abuse detection. | 70503 |
| (B) The Division of Criminal Justice Services in the | 70504 |
| Department of Public Safety and the Department of Education may | 70505 |
| prepare and submit to the Controlling Board one or more requests | 70506 |
| to transfer appropriations from appropriation item 911-404, | 70507 |
| Mandate Assistance. The state agencies charged with this | 70508 |
| administrative responsibility are listed below, as well as the | 70509 |
| estimated annual amounts that may be used for each program of | 70510 |
| state financial assistance. | 70511 |
| ADMINISTERING | ESTIMATED ANNUAL | 70512 | ||||
| PROGRAM | AGENCY | AMOUNT | 70513 |
| Prosecution Costs | Division of Criminal | $150,000 | 70514 | |||
| Justice Services | 70515 | |||||
| Child Abuse Detection Training Costs | Department of Education | $500,000 | 70516 |
| (C) Subject to the total amount appropriated in each fiscal | 70517 |
| year for appropriation item 911-404, Mandate Assistance, the | 70518 |
| Division of Criminal Justice Services in the Department of Public | 70519 |
| Safety and the Department of Education may request from the | 70520 |
| Controlling Board that amounts smaller or larger than these | 70521 |
| estimated annual amounts be transferred to each program. | 70522 |
| (D) In addition to making the initial transfers requested by | 70523 |
| the Division of Criminal Justice Services in the Department of | 70524 |
| Public Safety and the Department of Education, the Controlling | 70525 |
| Board may transfer appropriations received by a state agency under | 70526 |
| this section back to appropriation item 911-404, Mandate | 70527 |
| Assistance, or to the other program of state financial assistance | 70528 |
| identified under this section. | 70529 |
| (E) It is expected that not all costs incurred by local units | 70530 |
| of government and school districts under each of the two programs | 70531 |
| of state financial assistance identified in this section will be | 70532 |
| fully reimbursed by the state. Reimbursement levels may vary by | 70533 |
| program and shall be based on: the relationship between the | 70534 |
| appropriation transfers requested by the Division of Criminal | 70535 |
| Justice Services in the Department of Public Safety and the | 70536 |
| Department of Education and provided by the Controlling Board for | 70537 |
| each of the programs; the rules and procedures established for | 70538 |
| each program by the administering state agency; and the actual | 70539 |
| costs incurred by local units of government and school districts. | 70540 |
| (F) Each of these programs of state financial assistance | 70541 |
| shall be carried out as follows: | 70542 |
| (1) PROSECUTION COSTS | 70543 |
| (a) Appropriations may be transferred to the Division of | 70544 |
| Criminal Justice Services in the Department of Public Safety to | 70545 |
| cover local prosecution costs for aggravated murder, murder, | 70546 |
| felonies of the first degree, and felonies of the second degree | 70547 |
| that occur on the grounds of institutions operated by the | 70548 |
| Department of Rehabilitation and Correction and the Department of | 70549 |
| Youth Services. | 70550 |
| (b) Upon a delinquency filing in juvenile court or the return | 70551 |
| of an indictment for aggravated murder, murder, or any felony of | 70552 |
| the first or second degree that was committed at a Department of | 70553 |
| Youth Services or a Department of Rehabilitation and Correction | 70554 |
| institution, the affected county may, in accordance with rules | 70555 |
| that the Division of Criminal Justice Services in the Department | 70556 |
| of Public Safety shall adopt, apply to the Division of Criminal | 70557 |
| Justice Services for a grant to cover all documented costs that | 70558 |
| are incurred by the county prosecutor's office. | 70559 |
| (c) Twice each year, the Division of Criminal Justice | 70560 |
| Services in the Department of Public Safety shall designate | 70561 |
| counties to receive grants from those counties that have submitted | 70562 |
| one or more applications in compliance with the rules that have | 70563 |
| been adopted by the Division of Criminal Justice Services for the | 70564 |
| receipt of such grants. In each year's first round of grant | 70565 |
| awards, if sufficient appropriations have been made, up to a total | 70566 |
| of $100,000 may be awarded. In each year's second round of grant | 70567 |
| awards, the remaining appropriations available for this purpose | 70568 |
| may be awarded. | 70569 |
| (d) If for a given round of grants there are insufficient | 70570 |
| appropriations to make grant awards to all the eligible counties, | 70571 |
| the first priority shall be given to counties with cases involving | 70572 |
| aggravated murder and murder; second priority shall be given to | 70573 |
| counties with cases involving a felony of the first degree; and | 70574 |
| third priority shall be given to counties with cases involving a | 70575 |
| felony of the second degree. Within these priorities, the grant | 70576 |
| awards shall be based on the order in which the applications were | 70577 |
| received, except that applications for cases involving a felony of | 70578 |
| the first or second degree shall not be considered in more than | 70579 |
| two consecutive rounds of grant awards. | 70580 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 70581 |
| Appropriations may be transferred to the Department of | 70582 |
| Education for disbursement to local school districts as full or | 70583 |
| partial reimbursement for the cost of providing in-service | 70584 |
| training for child abuse detection. In accordance with rules that | 70585 |
| the department shall adopt, a local school district may apply to | 70586 |
| the department for a grant to cover all documented costs that are | 70587 |
| incurred to provide in-service training for child abuse detection. | 70588 |
| The department shall make grants within the limits of the funding | 70589 |
| provided. | 70590 |
| (G) Any moneys allocated within appropriation item 911-404, | 70591 |
| Mandate Assistance, not fully utilized may, upon application of | 70592 |
| the Ohio Public Defender Commission, and with the approval of the | 70593 |
| Controlling Board, be disbursed to boards of county commissioners | 70594 |
| to provide additional reimbursement for the costs incurred by | 70595 |
| counties in providing defense to indigent defendants pursuant to | 70596 |
| Chapter 120. of the Revised Code. Application for the unutilized | 70597 |
| funds shall be made by the Ohio Public Defender Commission at the | 70598 |
| first June meeting of the Controlling Board. | 70599 |
| The amount to be disbursed to each county shall be allocated | 70600 |
| proportionately on the basis of the total amount of reimbursement | 70601 |
| paid to each county as a percentage of the amount of reimbursement | 70602 |
| paid to all of the counties during the most recent state fiscal | 70603 |
| year for which data is available and as calculated by the Ohio | 70604 |
| Public Defender Commission. | 70605 |
| RADIO READING SERVICES | 70606 |
| Of the foregoing appropriation item 911-417, Educational | 70607 |
| Technology Fund, $45,000 in each fiscal year shall be used for a | 70608 |
| competitive grant for dial-up newspaper reading services for the | 70609 |
| blind and physically handicapped. | 70610 |
| BALLOT ADVERTISING COSTS | 70611 |
| Pursuant to requests submitted by the Ohio Ballot Board, the | 70612 |
| Controlling Board shall approve transfers from the foregoing | 70613 |
| appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 70614 |
| Ballot Board appropriation item in order to reimburse county | 70615 |
| boards of elections for the cost of public notices associated with | 70616 |
| statewide ballot initiatives. | 70617 |
| Section 203.84. COS STATE BOARD OF COSMETOLOGY | 70618 |
| General Services Fund Group | 70619 |
| 4K9 | 879-609 | Operating Expenses | $ | 2,929,630 | $ | 0 | 70620 | ||||
| TOTAL GSF General Services Fund | 70621 | ||||||||||
| Group | $ | 2,929,630 | $ | 0 | 70622 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,929,630 | $ | 0 | 70623 | ||||||
| Section 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 70625 |
| AND FAMILY THERAPIST BOARD | 70626 |
| General Services Fund Group | 70627 |
| 4K9 | 899-609 | Operating Expenses | $ | 1,058,445 | $ | 0 | 70628 | ||||
| TOTAL GSF General Services Fund | 70629 | ||||||||||
| Group | $ | 1,058,445 | $ | 0 | 70630 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,445 | $ | 0 | 70631 | ||||||
| Section 203.90. CLA COURT OF CLAIMS | 70633 |
| General Revenue Fund | 70634 |
| GRF | 015-321 | Operating Expenses | $ | 2,598,040 | $ | 2,678,331 | 70635 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,598,040 | $ | 2,678,331 | 70636 | ||||||
| State Special Revenue Fund Group | 70637 |
| 5K2 | 015-603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 70638 | ||||
| TOTAL SSR State Special Revenue | 70639 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 70640 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,180,724 | $ | 4,261,015 | 70641 | ||||||
| Section 203.93. DEN STATE DENTAL BOARD | 70643 |
| General Services Fund Group | 70644 |
| 4K9 | 880-609 | Operating Expenses | $ | 1,424,791 | $ | 1,424,791 | 70645 | ||||
| TOTAL GSF General Services Fund | 70646 | ||||||||||
| Group | $ | 1,424,791 | $ | 1,424,791 | 70647 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,424,791 | $ | 1,424,791 | 70648 | ||||||
| Section 203.96. BDP BOARD OF DEPOSIT | 70650 |
| General Services Fund Group | 70651 |
| 4M2 | 974-601 | Board of Deposit | $ | 1,676,000 | $ | 1,676,000 | 70652 | ||||
| TOTAL GSF General Services Fund | 70653 | ||||||||||
| Group | $ | 1,676,000 | $ | 1,676,000 | 70654 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,676,000 | $ | 1,676,000 | 70655 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 70656 |
| Upon receiving certification of expenses from the Treasurer | 70657 |
| of State, the Director of Budget and Management shall transfer | 70658 |
| cash from the Investment Earnings Redistribution Fund (Fund 608) | 70659 |
| to the Board of Deposit Expense Fund (Fund 4M2). The latter fund | 70660 |
| shall be used to pay for banking charges and fees required for the | 70661 |
| operation of the State of Ohio Regular Account. | 70662 |
| Section 203.99. DEV DEPARTMENT OF DEVELOPMENT | 70663 |
| General Revenue Fund | 70664 |
| GRF | 195-321 | Operating Expenses | $ | 2,688,908 | $ | 2,688,908 | 70665 | ||||
| GRF | 195-401 | Thomas Edison Program | $ | 15,454,838 | $ | 15,454,838 | 70666 | ||||
| GRF | 195-404 | Small Business Development | $ | 1,740,722 | $ | 1,740,722 | 70667 | ||||
| GRF | 195-405 | Minority Business Development Division | $ | 1,580,291 | $ | 1,580,291 | 70668 | ||||
| GRF | 195-407 | Travel and Tourism | $ | 6,812,845 | $ | 6,712,845 | 70669 | ||||
| GRF | 195-410 | Defense Conversion Assistance | $ | 300,000 | $ | 200,000 | 70670 | ||||
| GRF | 195-412 | Business Development Grants | $ | 11,750,000 | $ | 11,750,000 | 70671 | ||||
| GRF | 195-415 | Economic Development Division and Regional Offices | $ | 5,794,975 | $ | 5,894,975 | 70672 | ||||
| GRF | 195-416 | Governor's Office of Appalachia | $ | 4,122,372 | $ | 4,122,372 | 70673 | ||||
| GRF | 195-422 | Third Frontier Action Fund | $ | 16,790,000 | $ | 16,790,000 | 70674 | ||||
| GRF | 195-426 | Clean Ohio Implementation | $ | 300,000 | $ | 300,000 | 70675 | ||||
| GRF | 195-432 | International Trade | $ | 4,223,787 | $ | 4,223,787 | 70676 | ||||
| GRF | 195-434 | Investment in Training Grants | $ | 12,227,500 | $ | 12,227,500 | 70677 | ||||
| GRF | 195-436 | Labor/Management Cooperation | $ | 811,869 | $ | 811,869 | 70678 | ||||
| GRF | 195-497 | CDBG Operating Match | $ | 1,040,956 | $ | 1,040,956 | 70679 | ||||
| GRF | 195-498 | State Match Energy | $ | 94,000 | $ | 94,000 | 70680 | ||||
| GRF | 195-501 | Appalachian Local Development Districts | $ | 380,080 | $ | 380,080 | 70681 | ||||
| GRF | 195-502 | Appalachian Regional Commission Dues | $ | 246,803 | $ | 246,803 | 70682 | ||||
| GRF | 195-507 | Travel and Tourism Grants | $ | 875,000 | $ | 725,000 | 70683 | ||||
| GRF | 195-515 | Economic Development Contingency | $ | 10,000,000 | $ | 0 | 70684 | ||||
| GRF | 195-905 | Third Frontier Research & Commercialization General Obligation Debt Service | $ | 0 | $ | 13,910,000 | 70685 | ||||
| TOTAL GRF General Revenue Fund | $ | 97,234,946 | $ | 100,894,946 | 70686 | ||||||
| General Services Fund Group | 70687 |
| 135 | 195-605 | Supportive Services | $ | 7,450,000 | $ | 7,539,686 | 70688 | ||||
| 685 | 195-636 | General Reimbursements | $ | 1,000,000 | $ | 1,000,000 | 70689 | ||||
| 5AD | 195-667 | Investment in Training Expansion | $ | 5,000,000 | $ | 5,000,000 | 70690 | ||||
| 5AD | 195-668 | Worker Guarantee Program | $ | 3,000,000 | $ | 3,000,000 | 70691 | ||||
| 5AD | 195-677 | Economic Development Contingency | $ | 0 | $ | 10,000,000 | 70692 | ||||
| TOTAL GSF General Services Fund | 70693 | ||||||||||
| Group | $ | 16,450,000 | $ | 26,539,686 | 70694 | ||||||
| Federal Special Revenue Fund Group | 70695 |
| 3AE | 195-643 | Workforce Development Initiatives | $ | 5,800,000 | $ | 5,800,000 | 70696 | ||||
| 3K8 | 195-613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 70697 | ||||
| 3K9 | 195-611 | Home Energy Assistance Block Grant | $ | 90,500,000 | $ | 90,500,000 | 70698 | ||||
| 3K9 | 195-614 | HEAP Weatherization | $ | 16,219,478 | $ | 16,219,478 | 70699 | ||||
| 3L0 | 195-612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 70700 | ||||
| 3V1 | 195-601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 70701 | ||||
| 308 | 195-602 | Appalachian Regional Commission | $ | 600,660 | $ | 600,660 | 70702 | ||||
| 308 | 195-603 | Housing and Urban Development | $ | 5,000,000 | $ | 5,000,000 | 70703 | ||||
| 308 | 195-605 | Federal Projects | $ | 15,300,249 | $ | 15,300,249 | 70704 | ||||
| 308 | 195-609 | Small Business Administration | $ | 4,296,381 | $ | 4,296,381 | 70705 | ||||
| 308 | 195-618 | Energy Federal Grants | $ | 3,397,659 | $ | 3,397,659 | 70706 | ||||
| 335 | 195-610 | Oil Overcharge | $ | 3,000,000 | $ | 3,000,000 | 70707 | ||||
| TOTAL FED Federal Special Revenue | 70708 | ||||||||||
| Fund Group | $ | 274,349,427 | $ | 274,349,427 | 70709 | ||||||
| State Special Revenue Fund Group | 70710 |
| 4F2 | 195-639 | State Special Projects | $ | 290,183 | $ | 290,183 | 70711 | ||||
| 4F2 | 195-676 | Promote Ohio | $ | 5,000,000 | $ | 5,000,000 | 70712 | ||||
| 4S0 | 195-630 | Enterprise Zone Operating | $ | 275,000 | $ | 275,000 | 70713 | ||||
| 4S1 | 195-634 | Job Creation Tax Credit Operating | $ | 375,800 | $ | 375,800 | 70714 | ||||
| 4W1 | 195-646 | Minority Business Enterprise Loan | $ | 2,580,597 | $ | 2,580,597 | 70715 | ||||
| 444 | 195-607 | Water and Sewer Commission Loans | $ | 523,775 | $ | 523,775 | 70716 | ||||
| 450 | 195-624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 70717 | ||||
| 451 | 195-625 | Economic Development Financing Operating | $ | 2,358,311 | $ | 2,358,311 | 70718 | ||||
| 5CA | 195-678 | Shovel Ready Sites | $ | 5,000,000 | $ | 5,000,000 | 70719 | ||||
| 5M4 | 195-659 | Universal Service | $ | 210,000,000 | $ | 210,000,000 | 70720 | ||||
| 5M5 | 195-660 | Energy Efficiency Loan and Grant | $ | 12,000,000 | $ | 12,000,000 | 70721 | ||||
| 5X1 | 195-651 | Exempt Facility Inspection | $ | 25,000 | $ | 25,000 | 70722 | ||||
| 611 | 195-631 | Water and Sewer Administration | $ | 15,713 | $ | 15,713 | 70723 | ||||
| 617 | 195-654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 70724 | ||||
| 646 | 195-638 | Low and Moderate Income Housing Trust Fund | $ | 46,000,000 | $ | 48,000,000 | 70725 | ||||
| TOTAL SSR State Special Revenue | 70726 | ||||||||||
| Fund Group | $ | 284,698,346 | $ | 286,698,346 | 70727 | ||||||
| Facilities Establishment Fund Group | 70728 |
| 009 | 195-664 | Innovation Ohio | $ | 50,000,000 | $ | 50,000,000 | 70729 | ||||
| 010 | 195-665 | Research and Development | $ | 50,000,000 | $ | 50,000,000 | 70730 | ||||
| 037 | 195-615 | Facilities Establishment | $ | 63,931,149 | $ | 63,931,149 | 70731 | ||||
| 4Z6 | 195-647 | Rural Industrial Park Loan | $ | 3,000,000 | $ | 3,000,000 | 70732 | ||||
| 5D2 | 195-650 | Urban Redevelopment Loans | $ | 5,475,000 | $ | 5,475,000 | 70733 | ||||
| 5H1 | 195-652 | Family Farm Loan Guarantee | $ | 1,000,000 | $ | 1,000,000 | 70734 | ||||
| 5S8 | 195-627 | Rural Development Initiative | $ | 3,000,000 | $ | 3,000,000 | 70735 | ||||
| 5S9 | 195-628 | Capital Access Loan Program | $ | 3,000,000 | $ | 3,000,000 | 70736 | ||||
| TOTAL 037 Facilities | 70737 | ||||||||||
| Establishment Fund Group | $ | 179,406,149 | $ | 179,406,149 | 70738 | ||||||
| Clean Ohio Revitalization Fund | 70739 |
| 003 | 195-663 | Clean Ohio Operating | $ | 350,000 | $ | 350,000 | 70740 | ||||
| TOTAL 003 Clean Ohio Revitalization Fund | $ | 350,000 | $ | 350,000 | 70741 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 852,488,868 | $ | 868,238,554 | 70742 |
| Section 203.99.03. THOMAS EDISON PROGRAM | 70744 |
| The foregoing appropriation item 195-401, Thomas Edison | 70745 |
| Program, shall be used for the purposes of sections 122.28 to | 70746 |
| 122.38 of the Revised Code in order to provide funds for | 70747 |
| cooperative public and private efforts in technological innovation | 70748 |
| to promote the development and transfer of technology by and to | 70749 |
| Ohio businesses that will lead to the creation of jobs, and to | 70750 |
| provide for the administration of the program by the Technology | 70751 |
| Division. | 70752 |
| Of the foregoing appropriation item 195-401, Thomas Edison | 70753 |
| Program, not more than $2,000,000 in fiscal year 2006 and | 70754 |
| $2,300,000 in fiscal year 2007 shall be used for operating | 70755 |
| expenditures in administering the programs of the Technology | 70756 |
| Division. | 70757 |
| The Department of Development, in consultation with the Third | 70758 |
| Frontier Commission, shall develop a plan providing for | 70759 |
| appropriate, value-added participation of Edison Centers and | 70760 |
| Incubators in Third Frontier Project proposals and grants. | 70761 |
| The Department of Development shall work with Edison Centers | 70762 |
| and Incubators and the Third Frontier Network, when appropriate, | 70763 |
| to provide for Third Frontier Network connections to Edison | 70764 |
| Centers and Incubators and their tenants and, as appropriate, | 70765 |
| clients. | 70766 |
| Section 203.99.06. SMALL BUSINESS DEVELOPMENT | 70767 |
| The foregoing appropriation item 195-404, Small Business | 70768 |
| Development, shall be used to ensure that the unique needs and | 70769 |
| concerns of small businesses are addressed. | 70770 |
| The foregoing appropriation item 195-404, Small Business | 70771 |
| Development, may be used to provide grants to local organizations | 70772 |
| to support the operation of Small Business Development Centers and | 70773 |
| other local economic development activity promoting small | 70774 |
| business, and for the cost of administering the small business | 70775 |
| development center program. The centers shall provide technical, | 70776 |
| financial, and management consultation for small business and | 70777 |
| shall facilitate access to state and federal programs. These funds | 70778 |
| shall be used as matching funds for grants from the United States | 70779 |
| Small Business Administration and other federal agencies, pursuant | 70780 |
| to Public Law No. 96-302 (1980) as amended by Public Law No. | 70781 |
| 98-395 (1984), and regulations and policy guidelines for the | 70782 |
| programs under this law. | 70783 |
| In addition, the Office of Small Business may operate the | 70784 |
| 1st-Stop Business Connection and implement and coordinate the | 70785 |
| duties imposed on the Department of Development by Am. Sub. S.B. | 70786 |
| 239 of the 115th General Assembly. | 70787 |
| MINORITY BUSINESS DEVELOPMENT DIVISION | 70788 |
| Of the foregoing appropriation item 195-405, Minority | 70789 |
| Business Development Division, up to $1,060,000 but not less than | 70790 |
| $954,000 in each fiscal year shall be used to fund minority | 70791 |
| contractors and business assistance organizations. The Minority | 70792 |
| Business Development Division shall determine which cities need | 70793 |
| minority contractors and business assistance organizations by | 70794 |
| utilizing United States Census Bureau data and zip codes to locate | 70795 |
| the highest concentrations of minority businesses. The Minority | 70796 |
| Business Development Division also shall determine the numbers of | 70797 |
| minority contractors and business assistance organizations | 70798 |
| necessary and the amount of funding to be provided each. In | 70799 |
| addition, the Minority Business Development Division shall | 70800 |
| continue to plan and implement business conferences. | 70801 |
| Section 203.99.09. BUSINESS DEVELOPMENT | 70802 |
| The foregoing appropriation item 195-412, Business | 70803 |
| Development Grants, shall be used as an incentive for attracting | 70804 |
| and retaining business opportunities for the state. Any such | 70805 |
| business opportunity, whether new, expanding, or relocating in | 70806 |
| Ohio, is eligible for funding. The project must create or retain a | 70807 |
| significant number of jobs for Ohioans. Grant awards may be | 70808 |
| considered only when (1) the project's viability hinges on an | 70809 |
| award of funds from appropriation item 195-412, Business | 70810 |
| Development Grants; (2) all other public or private sources of | 70811 |
| financing have been considered; or (3) the funds act as a catalyst | 70812 |
| for the infusion into the project of other financing sources. | 70813 |
| The department's primary goal shall be to award funds to | 70814 |
| political subdivisions of the state for off-site infrastructure | 70815 |
| improvements. In order to meet the particular needs of economic | 70816 |
| development in a region, the department may elect to award funds | 70817 |
| directly to a business for on-site infrastructure improvements. | 70818 |
| "Infrastructure improvements" mean improvements to water system | 70819 |
| facilities, sewer and sewage treatment facilities, electric or gas | 70820 |
| service facilities, fiber optic facilities, rail facilities, site | 70821 |
| preparation, and parking facilities. The Director of Development | 70822 |
| may recommend the funds be used in an alternative manner when | 70823 |
| considered appropriate to meet an extraordinary economic | 70824 |
| development opportunity or need. | 70825 |
| The foregoing appropriation item 195-412, Business | 70826 |
| Development Grants, may be expended only after the submission of a | 70827 |
| request to the Controlling Board by the Department of Development | 70828 |
| outlining the planned use of the funds, and the subsequent | 70829 |
| approval of the request by the Controlling Board. | 70830 |
| The foregoing appropriation item 195-412, Business | 70831 |
| Development Grants, may be used for, but is not limited to, | 70832 |
| construction, rehabilitation, and acquisition projects for rail | 70833 |
| freight assistance as requested by the Department of | 70834 |
| Transportation. The Director of Transportation shall submit the | 70835 |
| proposed projects to the Director of Development for an evaluation | 70836 |
| of potential economic benefit. | 70837 |
| Section 203.99.12. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL | 70838 |
| OFFICES | 70839 |
| The foregoing appropriation item 195-415, Economic | 70840 |
| Development Division and Regional Offices, shall be used for the | 70841 |
| operating expenses of the Economic Development Division and the | 70842 |
| regional economic development offices and for grants for | 70843 |
| cooperative economic development ventures. | 70844 |
| Section 203.99.15. GOVERNOR'S OFFICE OF APPALACHIA | 70845 |
| The foregoing appropriation item 195-416, Governor's Office | 70846 |
| of Appalachia, shall be used for the administrative costs of | 70847 |
| planning and liaison activities for the Governor's Office of | 70848 |
| Appalachia. Funds not expended for planning and liaison activities | 70849 |
| may be expended for special project grants within the Appalachian | 70850 |
| Region. | 70851 |
| Of the foregoing appropriation item 195-416, Governor's | 70852 |
| Office of Appalachia, up to $250,000 each fiscal year shall be | 70853 |
| used to match federal funds from the Appalachian Regional | 70854 |
| Commission to provide job training to impact the Appalachian | 70855 |
| Region. | 70856 |
| Of the foregoing appropriation item 195-416, Governor's | 70857 |
| Office of Appalachia, up to $4,122,372 in each fiscal year shall | 70858 |
| be used in conjunction with other federal and state funds to | 70859 |
| provide financial assistance to projects in Ohio's Appalachian | 70860 |
| counties in order to further the goals of the Appalachian Regional | 70861 |
| Commission. The projects and project sponsors shall meet | 70862 |
| Appalachian Regional Commission eligibility requirements. Grants | 70863 |
| shall be administered by the Department of Development. | 70864 |
| Section 203.99.18. THIRD FRONTIER ACTION FUND | 70865 |
| The foregoing appropriation item 195-422, Third Frontier | 70866 |
| Action Fund, shall be used to make grants under sections 184.01 | 70867 |
| and 184.02 of the Revised Code. Prior to the release of funds from | 70868 |
| appropriation item 195-422, Third Frontier Action Fund, each grant | 70869 |
| award shall be recommended for funding by the Third Frontier | 70870 |
| Commission and obtain approval from the Controlling Board. | 70871 |
| Of the foregoing appropriation item 195-422, Third Frontier | 70872 |
| Action Fund, not more than six per cent in each fiscal year shall | 70873 |
| be used for operating expenditures in administering the program. | 70874 |
| In addition to the six per cent for operating expenditures, | 70875 |
| an additional administrative amount, not to exceed $1,500,000 | 70876 |
| within the biennium, shall be available for proposal evaluation, | 70877 |
| research and analyses, and marketing efforts considered necessary | 70878 |
| to receive and disseminate information about science and | 70879 |
| technology-related opportunities in the state. | 70880 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 70881 |
| The Department of Development shall work in close | 70882 |
| collaboration with the Board of Regents, the Air Quality | 70883 |
| Development Authority, and the Third Frontier Commission in | 70884 |
| relation to appropriation items and programs referred to as | 70885 |
| Alignment Programs in the following paragraph, and other | 70886 |
| technology-related appropriations and programs in the Department | 70887 |
| of Development, Air Quality Development Authority, and the Board | 70888 |
| of Regents as these agencies may designate, to ensure | 70889 |
| implementation of a coherent state strategy with respect to | 70890 |
| science and technology. | 70891 |
| "Alignment Programs" means appropriation items 195-401, | 70892 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 70893 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 70894 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 70895 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 70896 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 70897 |
| 235-535, Ohio Agricultural Research and Development Center; | 70898 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 70899 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 70900 |
| Academic Resources Network; and 195-435, Biomedical Research and | 70901 |
| Technology Transfer Trust. | 70902 |
| Consistent with the recommendations of the Governor's | 70903 |
| Commission on Higher Education and the Economy, Alignment Programs | 70904 |
| shall be managed and administered in accordance with the following | 70905 |
| objectives: (1) to build on existing competitive research | 70906 |
| strengths; (2) to encourage new and emerging discoveries and | 70907 |
| commercialization of products and ideas that will benefit the Ohio | 70908 |
| economy; (3) and to assure improved collaboration among Alignment | 70909 |
| Programs with programs administered by the Third Frontier | 70910 |
| Commission and with other state programs that are intended to | 70911 |
| improve economic growth and job creation. As directed by the Third | 70912 |
| Frontier Commission, Alignment Program managers shall report to | 70913 |
| the Commission or the Third Frontier Advisory Board regarding the | 70914 |
| contributions of their programs to achieving these objectives. | 70915 |
| Each Alignment Program shall be reviewed annually by the | 70916 |
| Third Frontier Commission with respect to its development of | 70917 |
| complementary relationships within a combined state science and | 70918 |
| technology investment portfolio, and with respect to its overall | 70919 |
| contribution to the state's science and technology strategy, | 70920 |
| including the adoption of appropriately consistent criteria for: | 70921 |
| (1) the scientific merit of activities supported by the program; | 70922 |
| (2) the relevance of the program's activities to commercial | 70923 |
| opportunities in the private sector; (3) the private sector's | 70924 |
| involvement in a process that continually evaluates commercial | 70925 |
| opportunities to use the work supported by the program; and (4) | 70926 |
| the ability of the program and recipients of grant funding from | 70927 |
| the program to engage in activities that are collaborative, | 70928 |
| complementary, and efficient with respect to the expenditures of | 70929 |
| state funds. Each Alignment Program shall provide an annual report | 70930 |
| to the Third Frontier Commission that discusses existing, planned, | 70931 |
| or possible collaborations between programs and between recipients | 70932 |
| of grant funding related to technology, development, | 70933 |
| commercialization, and the support of Ohio's economic development. | 70934 |
| The annual review conducted by the Third Frontier Commission shall | 70935 |
| be a comprehensive review of the entire state science and | 70936 |
| technology program portfolio rather than a review of individual | 70937 |
| programs. | 70938 |
| Applicants for Third Frontier and Alignment Programs funding | 70939 |
| shall identify their requirements for high-performance computing | 70940 |
| facilities and services, including both hardware and software, in | 70941 |
| all proposals. If an applicant's requirements exceed approximately | 70942 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 70943 |
| convene a panel of experts. The panel shall review the proposal to | 70944 |
| determine whether the proposal's requirements can be met through | 70945 |
| Ohio Supercomputer Center facilities or through other means and | 70946 |
| report such information to the Third Frontier Commission. | 70947 |
| To ensure that the state receives the maximum benefit from | 70948 |
| its investment in the Third Frontier Project and the Third | 70949 |
| Frontier Network, organizations receiving Third Frontier awards | 70950 |
| and Alignment Programs awards shall, as appropriate, be expected | 70951 |
| to have a connection to the Third Frontier Network that enables | 70952 |
| them and their collaborators to achieve award objectives through | 70953 |
| the Third Frontier Network. | 70954 |
| Section 203.99.21. INTERNATIONAL TRADE | 70955 |
| The foregoing appropriation item 195-432, International | 70956 |
| Trade, shall be used to operate and to maintain Ohio's | 70957 |
| out-of-state trade offices. | 70958 |
| The Director of Development may enter into contracts with | 70959 |
| foreign nationals to staff foreign offices. The contracts may be | 70960 |
| paid in local currency or United States currency and shall be | 70961 |
| exempt from section 127.16 of the Revised Code. The director also | 70962 |
| may establish foreign currency accounts under section 122.05 of | 70963 |
| the Revised Code for the payment of expenses related to the | 70964 |
| operation and maintenance of the foreign trade offices. | 70965 |
| The foregoing appropriation item 195-432, International | 70966 |
| Trade, shall be used to fund the International Trade Division and | 70967 |
| to assist Ohio manufacturers and agricultural producers in | 70968 |
| exporting to foreign countries in conjunction with the Department | 70969 |
| of Agriculture. | 70970 |
| Of the foregoing appropriation item 195-432, International | 70971 |
| Trade, up to $35,000 may be used to purchase gifts for | 70972 |
| representatives of foreign governments or dignitaries of foreign | 70973 |
| countries. | 70974 |
| Section 203.99.24. OHIO INVESTMENT IN TRAINING PROGRAM | 70975 |
| The foregoing appropriation items 195-434, Investment in | 70976 |
| Training Grants, and 195-667, Investment in Training Expansion, | 70977 |
| shall be used to promote training through grants for the | 70978 |
| reimbursement of eligible training expenses. | 70979 |
| Section 203.99.27. CDBG OPERATING MATCH | 70980 |
| The foregoing appropriation item 195-497, CDBG Operating | 70981 |
| Match, shall be used to provide matching funds as requested by the | 70982 |
| United States Department of Housing and Urban Development to | 70983 |
| administer the federally funded Community Development Block Grant | 70984 |
| (CDBG) program. | 70985 |
| STATE OPERATING MATCH | 70986 |
| The foregoing appropriation item 195-498, State Match Energy, | 70987 |
| shall be used to provide matching funds as required by the United | 70988 |
| States Department of Energy to administer the federally funded | 70989 |
| State Energy Plan. | 70990 |
| Section 203.99.30. TRAVEL AND TOURISM GRANTS | 70991 |
| The foregoing appropriation item 195-507, Travel and Tourism | 70992 |
| Grants, shall be used to provide grants to local organizations to | 70993 |
| support various local travel and tourism events in Ohio. | 70994 |
| Of the foregoing appropriation item 195-507, Travel and | 70995 |
| Tourism Grants, $25,000 in fiscal year 2006 shall be used for the | 70996 |
| Lorain County Visitors Bureau. | 70997 |
| Of the foregoing appropriation item 195-507, Travel and | 70998 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 70999 |
| Greene County Convention and Visitors Bureau. | 71000 |
| Of the foregoing appropriation item 195-507, Travel and | 71001 |
| Tourism Grants, $45,000 in each fiscal year shall be used for the | 71002 |
| Warren County Convention and Visitors Bureau. | 71003 |
| Of the foregoing appropriation item 195-507, Travel and | 71004 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 71005 |
| Wright Dunbar Historical Site. | 71006 |
| Of the foregoing appropriation item 195-507, Travel and | 71007 |
| Tourism Grants, $40,000 in each fiscal year shall be used for the | 71008 |
| Cincinnati Film Commission and $40,000 in each fiscal year shall | 71009 |
| be used for the Cleveland Film Commission. | 71010 |
| Of the foregoing appropriation item 195-507, Travel and | 71011 |
| Tourism Grants, up to $500,000 in each fiscal year shall be used | 71012 |
| for grants to The International Center for the Preservation of | 71013 |
| Wild Animals. | 71014 |
| Of the foregoing appropriation item 195-507, Travel and | 71015 |
| Tourism Grants, $25,000 in fiscal year 2006 shall be used for the | 71016 |
| Ohio Buckeye Junior Hereford Association. | 71017 |
| Of the foregoing appropriation item 195-507, Travel and | 71018 |
| Tourism Grants, $100,000 in fiscal year 2006 shall be used for | 71019 |
| grants to the NCR Country Club. | 71020 |
| Section 203.99.33. THIRD FRONTIER RESEARCH & | 71021 |
| COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE | 71022 |
| The foregoing appropriation item 195-905, Third Frontier | 71023 |
| Research & Commercialization General Obligation Debt Service, | 71024 |
| shall be used to pay all debt service and related financing costs | 71025 |
| during the period from July 1, 2005, to June 30, 2007, on | 71026 |
| obligations to be issued for research and development purposes, as | 71027 |
| authorized by the Ohio Constitution and implementing statutes. The | 71028 |
| Office of the Sinking Fund or the Director of Budget and | 71029 |
| Management shall effectuate the required payments by intrastate | 71030 |
| transfer voucher. | 71031 |
| Section 203.99.36. SUPPORTIVE SERVICES | 71032 |
| The Director of Development may assess divisions of the | 71033 |
| department for the cost of central service operations. An | 71034 |
| assessment shall be based on a plan submitted to and approved by | 71035 |
| the Office of Budget and Management by August 1, 2005, and shall | 71036 |
| contain the characteristics of administrative ease and uniform | 71037 |
| application. | 71038 |
| A division's payments shall be credited to the Supportive | 71039 |
| Services Fund (Fund 135) using an intrastate transfer voucher. | 71040 |
| GENERAL REIMBURSEMENT | 71041 |
| The foregoing appropriation item 195-636, General | 71042 |
| Reimbursements, shall be used for conference and subscription fees | 71043 |
| and other reimbursable costs. Revenues to the General | 71044 |
| Reimbursement Fund (Fund 685) shall consist of fees and other | 71045 |
| moneys charged for conferences, subscriptions, and other | 71046 |
| administrative costs that are not central service costs. | 71047 |
| WORKER GUARANTEE PROGRAM | 71048 |
| The foregoing appropriation item 195-668, Worker Guarantee | 71049 |
| Program, shall be used for the Worker Guarantee Program. | 71050 |
| Benefited employers must create at least 100 high-paying, | 71051 |
| full-time jobs over a three-year period and must demonstrate prior | 71052 |
| to the commitment of state funds that the availability of those | 71053 |
| skilled workers is a major factor in the employer's decision to | 71054 |
| locate or expand in Ohio. Activities eligible for funding through | 71055 |
| the Worker Guarantee Program include job assessment services, | 71056 |
| screening and testing of potential employees, customized training | 71057 |
| activities, and any other training or related service determined | 71058 |
| by the Director. | 71059 |
| A local workforce development service provider may include, | 71060 |
| but is not limited to, a community college, technical or | 71061 |
| vocational school, one-stop center, or any other entity designated | 71062 |
| by the Director of Development to provide services under the | 71063 |
| program. | 71064 |
| State matching funds totaling one-third of a project's cost | 71065 |
| shall be provided for each approved project when an employer and | 71066 |
| any local workforce development service provider, in conjunction | 71067 |
| with the local community, contracts with the Department of | 71068 |
| Development to provide services under the program. The employer | 71069 |
| and the local community each shall provide matching funds totaling | 71070 |
| one-third of a project's cost, and each portion of the matching | 71071 |
| funds shall be equal to state funding, which also shall be | 71072 |
| one-third of a project's cost. | 71073 |
| The state shall count in-kind contributions when determining | 71074 |
| a contribution from entities associated with the local community. | 71075 |
| The Director of Development, under Chapter 119. of the | 71076 |
| Revised Code, shall adopt, and may amend or rescind, rules the | 71077 |
| Director finds necessary for the implementation and successful | 71078 |
| operation of the Worker Guarantee Program. | 71079 |
| Section 203.99.37. TRAINING SERVICES | 71080 |
| Of the foregoing appropriation item 195-605, Federal | 71081 |
| Projects, $400,000 in each fiscal year shall be used for grants to | 71082 |
| the Ohio Weatherization Training Center, administered by the | 71083 |
| Corporation for Ohio Appalachian Development, for training and | 71084 |
| technical assistance services. | 71085 |
| Section 203.99.39. HEAP WEATHERIZATION | 71086 |
| Fifteen per cent of the federal funds received by the state | 71087 |
| for the Home Energy Assistance Block Grant shall be deposited in | 71088 |
| appropriation item 195-614, HEAP Weatherization (Fund 3K9), and | 71089 |
| shall be used to provide home weatherization services in the | 71090 |
| state. | 71091 |
| Of the foregoing appropriation item 195-614, HEAP | 71092 |
| Weatherization, $200,000 in each fiscal year shall be used for | 71093 |
| grants to the Ohio Weatherization Training Center, administered by | 71094 |
| the Corporation for Ohio Appalachian Development, for training and | 71095 |
| technical assistance services. | 71096 |
| STATE SPECIAL PROJECTS | 71097 |
| The foregoing fund, Fund 4F2, State Special Projects, shall | 71098 |
| be used for the deposit of private-sector funds from utility | 71099 |
| companies and for the deposit of other miscellaneous state funds. | 71100 |
| Private-sector moneys shall be used to (1) pay the expenses of | 71101 |
| verifying the income-eligibility of HEAP applicants, (2) market | 71102 |
| economic development opportunities in the state, and (3) leverage | 71103 |
| additional federal funds. State funds shall be used to match | 71104 |
| federal housing grants for the homeless and to market economic | 71105 |
| development opportunities in the state. | 71106 |
| Section 203.99.42. MINORITY BUSINESS ENTERPRISE LOAN | 71107 |
| All repayments from the Minority Development Financing | 71108 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 71109 |
| Program shall be deposited in the State Treasury to the credit of | 71110 |
| the Minority Business Enterprise Loan Fund (Fund 4W1). | 71111 |
| All operating costs of administering the Minority Business | 71112 |
| Enterprise Loan Fund shall be paid from the Minority Business | 71113 |
| Enterprise Loan Fund (Fund 4WI). | 71114 |
| MINORITY BUSINESS BONDING FUND | 71115 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 71116 |
| Code and other provisions of Am. Sub. H.B. 283 of the 123rd | 71117 |
| General Assembly, the Director of Development may, upon the | 71118 |
| recommendation of the Minority Development Financing Advisory | 71119 |
| Board, pledge up to $10,000,000 in the FY 2006-2007 biennium of | 71120 |
| unclaimed funds administered by the Director of Commerce and | 71121 |
| allocated to the Minority Business Bonding Program under section | 71122 |
| 169.05 of the Revised Code. The transfer of any cash by the | 71123 |
| Director of Budget and Management from the Department of | 71124 |
| Commerce's Unclaimed Funds Fund (Fund 543) to the Department of | 71125 |
| Development's Minority Business Bonding Fund (Fund 449) shall | 71126 |
| occur, if requested by the Director of Development, only if such | 71127 |
| funds are needed for payment of losses arising from the Minority | 71128 |
| Business Bonding Program, and only after proceeds of the initial | 71129 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 71130 |
| Business Bonding Program has been used for that purpose. Moneys | 71131 |
| transferred by the Director of Budget and Management from the | 71132 |
| Department of Commerce for this purpose may be moneys in custodial | 71133 |
| funds held by the Treasurer of State. If expenditures are required | 71134 |
| for payment of losses arising from the Minority Business Bonding | 71135 |
| Program, such expenditures shall be made from appropriation item | 71136 |
| 195-623, Minority Business Bonding Contingency in the Minority | 71137 |
| Business Bonding Fund, and such amounts are appropriated. | 71138 |
| Section 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING | 71139 |
| The foregoing appropriation item 195-625, Economic | 71140 |
| Development Financing Operating, shall be used for the operating | 71141 |
| expenses of financial assistance programs authorized under Chapter | 71142 |
| 166. of the Revised Code and under sections 122.43 and 122.45 of | 71143 |
| the Revised Code. | 71144 |
| VOLUME CAP ADMINISTRATION | 71145 |
| The foregoing appropriation item 195-654, Volume Cap | 71146 |
| Administration, shall be used for expenses related to the | 71147 |
| administration of the Volume Cap Program. Revenues received by the | 71148 |
| Volume Cap Administration Fund (Fund 617) shall consist of | 71149 |
| application fees, forfeited deposits, and interest earned from the | 71150 |
| custodial account held by the Treasurer of State. | 71151 |
| UNIVERSAL SERVICE FUND | 71152 |
| The foregoing appropriation item 195-659, Universal Service, | 71153 |
| shall be used to provide payments to regulated electric utility | 71154 |
| companies for low-income customers enrolled in Percentage of | 71155 |
| Income Payment Plan (PIPP) electric accounts, to fund targeted | 71156 |
| energy efficiency and customer education services to PIPP | 71157 |
| customers, and to cover the department's administrative costs | 71158 |
| related to Universal Service Fund Programs. | 71159 |
| The foregoing appropriation item 195-678, Shovel Ready Sites, | 71160 |
| shall be used to administer the Shovel Ready Sites Program under | 71161 |
| section 122.083 of the Revised Code. | 71162 |
| ENERGY EFFICIENCY LOAN AND GRANT FUND | 71163 |
| The foregoing appropriation item 195-660, Energy Efficiency | 71164 |
| Loan and Grant, shall be used to provide financial assistance to | 71165 |
| customers for eligible energy efficiency projects for residential, | 71166 |
| commercial and industrial business, local government, educational | 71167 |
| institution, nonprofit, and agriculture customers, and to pay for | 71168 |
| the program's administrative costs as provided in the Revised Code | 71169 |
| and rules adopted by the Director of Development. | 71170 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 71171 |
| All payments received by the state pursuant to a series of | 71172 |
| settlements with ten brokerage firms reached with the United | 71173 |
| States Securities and Exchange Commission, the National | 71174 |
| Association of Securities Dealers, the New York Stock Exchange, | 71175 |
| the New York Attorney General, and other state regulators | 71176 |
| (henceforth referred to as the "Global Analysts Settlement | 71177 |
| Agreements"), shall be deposited into the state treasury to the | 71178 |
| credit of the Economic Development Contingency Fund (Fund 5Y6), | 71179 |
| which is hereby created in the state treasury. The fund shall be | 71180 |
| used by the Director of Development to support economic | 71181 |
| development projects for which appropriations would not otherwise | 71182 |
| be available, and shall be subject to the submission of a request | 71183 |
| to the Controlling Board by the Director outlining the planned use | 71184 |
| of the funds, and the subsequent approval of the request by the | 71185 |
| Controlling Board. | 71186 |
| Section 203.99.48. FACILITIES ESTABLISHMENT FUND | 71187 |
| The foregoing appropriation item 195-615, Facilities | 71188 |
| Establishment (Fund 037), shall be used for the purposes of the | 71189 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 71190 |
| Code. | 71191 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 71192 |
| $1,800,000 in cash each fiscal year may be transferred from the | 71193 |
| Facilities Establishment Fund (Fund 037) to the Economic | 71194 |
| Development Financing Operating Fund (Fund 451). The transfer is | 71195 |
| subject to Controlling Board approval under division (B) of | 71196 |
| section 166.03 of the Revised Code. | 71197 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 71198 |
| $5,000,000 in cash each fiscal year may be transferred from the | 71199 |
| Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites | 71200 |
| Fund (Fund 5CA). The transfer is subject to Controlling Board | 71201 |
| approval under division (B) of section 166.03 of the Revised Code. | 71202 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 71203 |
| $10,950,000 in cash may be transferred during the biennium from | 71204 |
| the Facilities Establishment Fund (Fund 037) to the Urban | 71205 |
| Redevelopment Loans Fund (Fund 5D2) for the purpose of removing | 71206 |
| barriers to urban core redevelopment. The Director of Development | 71207 |
| shall develop program guidelines for the transfer and release of | 71208 |
| funds, including, but not limited to, the completion of all | 71209 |
| appropriate environmental assessments before state assistance is | 71210 |
| committed to a project. | 71211 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 71212 |
| $3,000,000 each fiscal year in cash may be transferred from the | 71213 |
| Facilities Establishment Fund (Fund 037) to the Rural Industrial | 71214 |
| Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 71215 |
| Board approval under section 166.03 of the Revised Code. | 71216 |
| FAMILY FARM LOAN PROGRAM | 71217 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 71218 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 71219 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 71220 |
| Loan Guarantee Fund (Fund 5H1) in the Department of Development. | 71221 |
| The moneys shall be used for loan guarantees. The transfer is | 71222 |
| subject to Controlling Board approval. | 71223 |
| Financial assistance from the Family Farm Loan Guarantee Fund | 71224 |
| (Fund 5H1) shall be repaid to Fund 5H1. This fund is established | 71225 |
| under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the | 71226 |
| Revised Code. | 71227 |
| When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to | 71228 |
| exist, all outstanding balances, all loan repayments, and any | 71229 |
| other outstanding obligations shall revert to the Facilities | 71230 |
| Establishment Fund (Fund 037). | 71231 |
| RURAL DEVELOPMENT INITIATIVE FUND | 71232 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 71233 |
| entitled to receive moneys from the Facilities Establishment Fund | 71234 |
| (Fund 037). The Director of Development may make grants from the | 71235 |
| Rural Development Initiative Fund as specified in division (A)(2) | 71236 |
| of this section to eligible applicants in Appalachian counties and | 71237 |
| in rural counties in the state that are designated as distressed | 71238 |
| under section 122.25 of the Revised Code. Preference shall be | 71239 |
| given to eligible applicants located in Appalachian counties | 71240 |
| designated as distressed by the federal Appalachian Regional | 71241 |
| Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 71242 |
| cease to exist after June 30, 2007. All moneys remaining in the | 71243 |
| Fund after that date shall revert to the Facilities Establishment | 71244 |
| Fund (Fund 037). | 71245 |
| (2) The Director of Development shall make grants from the | 71246 |
| Rural Development Initiative Fund (Fund 5S8) only to eligible | 71247 |
| applicants who also qualify for and receive funding under the | 71248 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 71249 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 71250 |
| grants for the purposes specified in section 122.24 of the Revised | 71251 |
| Code. All projects supported by grants from the fund are subject | 71252 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 71253 |
| of section 166.02 of the Revised Code. The Director shall develop | 71254 |
| program guidelines for the transfer and release of funds. The | 71255 |
| release of grant moneys to an eligible applicant is subject to | 71256 |
| Controlling Board approval. | 71257 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 71258 |
| Director of Budget and Management may transfer up to $3,000,000 | 71259 |
| each fiscal year in cash on an as needed basis at the request of | 71260 |
| the Director of Development from the Facilities Establishment Fund | 71261 |
| (Fund 037) to the Rural Development Initiative Fund (Fund 5S8). | 71262 |
| The transfer is subject to Controlling Board approval under | 71263 |
| section 166.03 of the Revised Code. | 71264 |
| CAPITAL ACCESS LOAN PROGRAM | 71265 |
| The foregoing appropriation item 195-628, Capital Access Loan | 71266 |
| Program, shall be used for operating, program, and administrative | 71267 |
| expenses of the program. Funds of the Capital Access Loan Program | 71268 |
| shall be used to assist participating financial institutions in | 71269 |
| making program loans to eligible businesses that face barriers in | 71270 |
| accessing working capital and obtaining fixed asset financing. | 71271 |
| Notwithstanding Chapter 166. of the Revised Code, the | 71272 |
| Director of Budget and Management may transfer up to $3,000,000 | 71273 |
| each fiscal year in cash on an as needed basis at the request of | 71274 |
| the Director of Development from the Facilities Establishment Fund | 71275 |
| (Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The | 71276 |
| transfer is subject to Controlling Board approval under section | 71277 |
| 166.03 of the Revised Code. | 71278 |
| INNOVATION OHIO LOAN FUND | 71279 |
| The foregoing appropriation item 195-664, Innovation Ohio, | 71280 |
| shall be used to provide for innovation Ohio purposes, including | 71281 |
| loan guarantees and loans under Chapter 166. and particularly | 71282 |
| sections 166.12 to 166.16 of the Revised Code. | 71283 |
| RESEARCH AND DEVELOPMENT | 71284 |
| The foregoing appropriation item 195-665, Research and | 71285 |
| Development, shall be used to provide for research and development | 71286 |
| purposes, including loans, under Chapter 166. and particularly | 71287 |
| sections 166.17 to 166.21 of the Revised Code. | 71288 |
| Section 203.99.51. CLEAN OHIO OPERATING EXPENSES | 71289 |
| The foregoing appropriation item 195-663, Clean Ohio | 71290 |
| Operating, shall be used by the Department of Development in | 71291 |
| administering sections 122.65 to 122.658 of the Revised Code. | 71292 |
| Section 203.99.54. UNCLAIMED FUNDS TRANSFER | 71293 |
| (A) Notwithstanding division (A) of section 169.05 of the | 71294 |
| Revised Code, upon the request of the Director of Budget and | 71295 |
| Management, the Director of Commerce, prior to June 30, 2006, | 71296 |
| shall transfer to the Job Development Initiatives Fund (Fund 5AD) | 71297 |
| up to $8,000,000 of the unclaimed funds that have been reported by | 71298 |
| the holders of unclaimed funds under section 169.05 of the Revised | 71299 |
| Code, regardless of the allocation of the unclaimed funds | 71300 |
| described under that section. | 71301 |
| Notwithstanding division (A) of section 169.05 of the Revised | 71302 |
| Code, upon the request of the Director of Budget and Management, | 71303 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 71304 |
| to the Job Development Initiatives Fund (Fund 5AD) up to | 71305 |
| $18,000,000 of the unclaimed funds that have been reported by the | 71306 |
| holders of unclaimed funds under section 169.05 of the Revised | 71307 |
| Code, regardless of the allocation of the unclaimed funds | 71308 |
| described under that section. | 71309 |
| (B) Notwithstanding division (A) of section 169.05 of the | 71310 |
| Revised Code, upon the request of the Director of Budget and | 71311 |
| Management, the Director of Commerce, prior to June 30, 2006, | 71312 |
| shall transfer to the State Special Projects Fund (Fund 4F2) up to | 71313 |
| $5,000,000 of the unclaimed funds that have been reported by the | 71314 |
| holders of unclaimed funds under section 169.05 of the Revised | 71315 |
| Code, regardless of the allocation of the unclaimed funds | 71316 |
| described under that section. | 71317 |
| Notwithstanding division (A) of section 169.05 of the Revised | 71318 |
| Code, upon the request of the Director of Budget and Management, | 71319 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 71320 |
| to the State Special Projects Fund (Fund 4F2) up to $5,000,000 of | 71321 |
| the unclaimed funds that have been reported by the holders of | 71322 |
| unclaimed funds under section 169.05 of the Revised Code, | 71323 |
| regardless of the allocation of the unclaimed funds described | 71324 |
| under that section. | 71325 |
| Section 206.03. OBD OHIO BOARD OF DIETETICS | 71326 |
| General Services Fund Group | 71327 |
| 4K9 | 860-609 | Operating Expenses | $ | 332,495 | $ | 0 | 71328 | ||||
| TOTAL GSF General Services Fund | 71329 | ||||||||||
| Group | $ | 332,495 | $ | 0 | 71330 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 332,495 | $ | 0 | 71331 | ||||||
| Section 206.06. CDR COMMISSION ON DISPUTE RESOLUTION AND | 71333 |
| CONFLICT MANAGEMENT | 71334 |
| General Revenue Fund | 71335 |
| GRF | 145-401 | Commission on Dispute Resolution/Management | $ | 470,000 | $ | 470,000 | 71336 | ||||
| TOTAL GRF General Revenue Fund | $ | 470,000 | $ | 470,000 | 71337 | ||||||
| General Services Fund Group | 71338 |
| 4B6 | 145-601 | Gifts and Grants | $ | 140,000 | $ | 140,000 | 71339 | ||||
| TOTAL GSF General Services Fund Group | $ | 140,000 | $ | 140,000 | 71340 | ||||||
| Federal Special Revenue Fund Group | 71341 |
| 3S6 | 145-602 | Dispute Resolution: Federal | $ | 140,000 | $ | 140,000 | 71342 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 140,000 | $ | 140,000 | 71343 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 750,000 | $ | 750,000 | 71344 | ||||||
| Section 206.09. EDU DEPARTMENT OF EDUCATION | 71346 |
| General Revenue Fund | 71347 |
| GRF | 200-100 | Personal Services | $ | 11,311,314 | $ | 12,311,314 | 71348 | ||||
| GRF | 200-320 | Maintenance and Equipment | $ | 4,996,249 | $ | 4,996,249 | 71349 | ||||
| GRF | 200-408 | Early Childhood Education | $ | 19,002,195 | $ | 19,002,195 | 71350 | ||||
| GRF | 200-410 | Educator Training | $ | 23,423,057 | $ | 23,923,057 | 71351 | ||||
| GRF | 200-420 | Computer/Application/ Network Development | $ | 5,361,525 | $ | 5,361,525 | 71352 | ||||
| GRF | 200-421 | Alternative Education Programs | $ | 13,132,665 | $ | 13,132,665 | 71353 | ||||
| GRF | 200-422 | School Management Assistance | $ | 2,683,208 | $ | 2,710,572 | 71354 | ||||
| GRF | 200-424 | Policy Analysis | $ | 556,687 | $ | 556,687 | 71355 | ||||
| GRF | 200-425 | Tech Prep Consortia Support | $ | 2,069,217 | $ | 2,069,217 | 71356 | ||||
| GRF | 200-426 | Ohio Educational Computer Network | $ | 29,676,964 | $ | 29,676,964 | 71357 | ||||
| GRF | 200-427 | Academic Standards | $ | 10,540,753 | $ | 10,612,181 | 71358 | ||||
| GRF | 200-431 | School Improvement Initiatives | $ | 19,862,484 | $ | 23,191,663 | 71359 | ||||
| GRF | 200-433 | Reading/Writing Improvement-Professional Development | $ | 15,550,000 | $ | 15,550,000 | 71360 | ||||
| GRF | 200-437 | Student Assessment | $ | 54,445,234 | $ | 60,011,935 | 71361 | ||||
| GRF | 200-439 | Accountability/Report Cards | $ | 3,878,850 | $ | 6,457,290 | 71362 | ||||
| GRF | 200-442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 71363 | ||||
| GRF | 200-445 | OhioReads Volunteer Support | $ | 3,905,000 | $ | 3,905,000 | 71364 | ||||
| GRF | 200-446 | Education Management Information System | $ | 15,674,805 | $ | 15,674,805 | 71365 | ||||
| GRF | 200-447 | GED Testing | $ | 1,544,360 | $ | 1,544,360 | 71366 | ||||
| GRF | 200-448 | Educator Preparation | $ | 1,651,000 | $ | 1,651,000 | 71367 | ||||
| GRF | 200-455 | Community Schools | $ | 2,942,094 | $ | 2,942,094 | 71368 | ||||
| GRF | 200-502 | Pupil Transportation | $ | 412,330,728 | $ | 420,577,343 | 71369 | ||||
| GRF | 200-503 | Bus Purchase Allowance | $ | 8,600,000 | $ | 12,500,000 | 71370 | ||||
| GRF | 200-505 | School Lunch Match | $ | 8,998,025 | $ | 8,998,025 | 71371 | ||||
| GRF | 200-509 | Adult Literacy Education | $ | 8,539,738 | $ | 8,539,738 | 71372 | ||||
| GRF | 200-511 | Auxiliary Services | $ | 127,903,356 | $ | 127,903,356 | 71373 | ||||
| GRF | 200-514 | Postsecondary Adult Career-Technical Education | $ | 19,481,875 | $ | 19,481,875 | 71374 | ||||
| GRF | 200-521 | Gifted Pupil Program | $ | 46,910,068 | $ | 47,157,293 | 71375 | ||||
| GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 56,762,916 | $ | 58,068,463 | 71376 | ||||
| GRF | 200-540 | Special Education Enhancements | $ | 133,894,606 | $ | 135,155,125 | 71377 | ||||
| GRF | 200-545 | Career-Technical Education Enhancements | $ | 10,169,442 | $ | 9,225,569 | 71378 | ||||
| GRF | 200-550 | Foundation Funding | $ | 5,582,820,663 | $ | 5,692,271,366 | 71379 | ||||
| GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 1,388,164 | $ | 651,404 | 71380 | ||||
| GRF | 200-566 | Reading/Writing Improvement-Classroom Grants | $ | 12,062,336 | $ | 12,062,336 | 71381 | ||||
| GRF | 200-578 | Safe and Supportive Schools | $ | 1,218,555 | $ | 1,218,555 | 71382 | ||||
| GRF | 200-901 | Property Tax Allocation - Education | $ | 764,626,987 | $ | 728,793,318 | 71383 | ||||
| GRF | 200-906 | Tangible Tax Exemption - Education | $ | 42,830,487 | $ | 32,122,865 | 71384 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,482,048,102 | $ | 7,571,309,899 | 71385 | ||||||
| General Services Fund Group | 71386 |
| 138 | 200-606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 71387 | ||||
| 4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 832,000 | $ | 832,000 | 71388 | ||||
| 4L2 | 200-681 | Teacher Certification and Licensure | $ | 5,497,158 | $ | 5,628,332 | 71389 | ||||
| 452 | 200-638 | Miscellaneous Educational Services | $ | 400,000 | $ | 400,000 | 71390 | ||||
| 5H3 | 200-687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 71391 | ||||
| 596 | 200-656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 71392 | ||||
| TOTAL GSF General Services | 71393 | ||||||||||
| Fund Group | $ | 32,859,010 | $ | 32,990,184 | 71394 | ||||||
| Federal Special Revenue Fund Group | 71395 |
| 3AF | 200-603 | Schools Medicaid Administrative Claims | $ | 1,000,000 | $ | 1,000,000 | 71396 | ||||
| 3C5 | 200-661 | Early Childhood Education | $ | 23,874,338 | $ | 23,874,338 | 71397 | ||||
| 3D1 | 200-664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 71398 | ||||
| 3D2 | 200-667 | Honors Scholarship Program | $ | 5,812,903 | $ | 5,833,965 | 71399 | ||||
| 3H9 | 200-605 | Head Start Collaboration Project | $ | 275,000 | $ | 275,000 | 71400 | ||||
| 3L6 | 200-617 | Federal School Lunch | $ | 204,256,132 | $ | 211,583,653 | 71401 | ||||
| 3L7 | 200-618 | Federal School Breakfast | $ | 46,382,851 | $ | 48,405,608 | 71402 | ||||
| 3L8 | 200-619 | Child/Adult Food Programs | $ | 66,590,622 | $ | 67,915,843 | 71403 | ||||
| 3L9 | 200-621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 71404 | ||||
| 3M0 | 200-623 | ESEA Title 1A | $ | 440,260,178 | $ | 461,026,070 | 71405 | ||||
| 3M1 | 200-678 | Innovative Education | $ | 11,800,000 | $ | 11,800,000 | 71406 | ||||
| 3M2 | 200-680 | Individuals with Disibilities Education Act | $ | 513,058,569 | $ | 605,581,547 | 71407 | ||||
| 3S2 | 200-641 | Education Technology | $ | 20,800,000 | $ | 20,800,000 | 71408 | ||||
| 3T4 | 200-613 | Public Charter Schools | $ | 22,000,000 | $ | 22,000,000 | 71409 | ||||
| 3U2 | 200-662 | Teacher Quality Enhancement Grants | $ | 795,280 | $ | 795,280 | 71410 | ||||
| 3Y2 | 200-688 | 21st Century Community Learning Centers | $ | 30,681,554 | $ | 30,681,554 | 71411 | ||||
| 3Y4 | 200-632 | Reading First | $ | 31,215,798 | $ | 31,215,798 | 71412 | ||||
| 3Y6 | 200-635 | Improving Teacher Quality | $ | 107,000,000 | $ | 107,000,000 | 71413 | ||||
| 3Y7 | 200-689 | English Language Acquisition | $ | 8,500,000 | $ | 9,000,000 | 71414 | ||||
| 3Y8 | 200-639 | Rural and Low Income | $ | 1,700,000 | $ | 1,700,000 | 71415 | ||||
| 3Z2 | 200-690 | State Assessments | $ | 12,681,031 | $ | 12,883,799 | 71416 | ||||
| 3Z3 | 200-645 | Consolidated USDE Administration | $ | 9,200,000 | $ | 9,200,000 | 71417 | ||||
| 309 | 200-601 | Educationally Disadvantaged | $ | 19,658,846 | $ | 19,658,846 | 71418 | ||||
| 366 | 200-604 | Adult Basic Education | $ | 18,500,000 | $ | 18,500,000 | 71419 | ||||
| 367 | 200-607 | School Food Services | $ | 11,383,637 | $ | 11,666,732 | 71420 | ||||
| 368 | 200-614 | Veterans' Training | $ | 672,961 | $ | 691,130 | 71421 | ||||
| 369 | 200-616 | Career-Technical Education Federal Enhancement | $ | 6,500,000 | $ | 6,500,000 | 71422 | ||||
| 370 | 200-624 | Education of Exceptional Children | $ | 2,386,610 | $ | 2,386,610 | 71423 | ||||
| 371 | 200-631 | Immigrant Education Opportunities | $ | 400,000 | $ | 400,000 | 71424 | ||||
| 374 | 200-647 | Troops to Teachers | $ | 400,000 | $ | 400,000 | 71425 | ||||
| 378 | 200-660 | Math/Science Technology Investments | $ | 1,200,000 | $ | 1,200,000 | 71426 | ||||
| TOTAL FED Federal Special | 71427 | ||||||||||
| Revenue Fund Group | $ | 1,680,363,977 | $ | 1,805,353,440 | 71428 | ||||||
| State Special Revenue Fund Group | 71429 |
| 4R7 | 200-695 | Indirect Operational Support | $ | 5,382,864 | $ | 5,449,748 | 71430 | ||||
| 4V7 | 200-633 | Interagency Operational Support | $ | 500,000 | $ | 500,000 | 71431 | ||||
| 454 | 200-610 | Guidance and Testing | $ | 400,000 | $ | 400,000 | 71432 | ||||
| 455 | 200-608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 71433 | ||||
| 5BB | 200-696 | State Action for Education Leadership | $ | 1,200,000 | $ | 1,200,000 | 71434 | ||||
| 5BJ | 200-626 | Half-Mill Maintenance Equalization | $ | 0 | $ | 10,700,000 | 71435 | ||||
| 5U2 | 200-685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 71436 | ||||
| 5W2 | 200-663 | Early Learning Initiative | $ | 96,580,000 | $ | 115,456,000 | 71437 | ||||
| 598 | 200-659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 71438 | ||||
| 620 | 200-615 | Educational Improvement Grants | $ | 1,000,000 | $ | 1,000,000 | 71439 | ||||
| TOTAL SSR State Special Revenue | 71440 | ||||||||||
| Fund Group | $ | 130,691,774 | $ | 160,334,658 | 71441 | ||||||
| Lottery Profits Education Fund Group | 71442 |
| 017 | 200-612 | Foundation Funding | $ | 606,208,300 | $ | 606,296,800 | 71443 | ||||
| 017 | 200-682 | Lease Rental Payment Reimbursement | $ | 31,691,700 | $ | 31,603,200 | 71444 | ||||
| TOTAL LPE Lottery Profits | 71445 | ||||||||||
| Education Fund Group | $ | 637,900,000 | $ | 637,900,000 | 71446 | ||||||
| Revenue Distribution Fund Group | 71447 |
| 047 | 200-900 | School District Property Tax Replacement-Business | $ | 38,810,000 | $ | 291,010,000 | 71448 | ||||
| 053 | 200-900 | School District Property Tax Replacement-Utility | $ | 116,647,522 | $ | 101,647,522 | 71449 | ||||
| TOTAL RDF Revenue Distribution | 71450 | ||||||||||
| Fund Group | $ | 155,457,522 | $ | 392,657,522 | 71451 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,119,320,385 | $ | 10,600,545,703 | 71452 | ||||||
| Section 206.09.03. PERSONAL SERVICES | 71454 |
| Of the foregoing appropriation item 200-100, Personal | 71455 |
| Services, $1,581,181 in each fiscal year shall be used by the | 71456 |
| Department of Education to provide vocational administration | 71457 |
| matching funds under 20 U.S.C. 2311. | 71458 |
| Of the foregoing appropriation item 200-100, Personal | 71459 |
| Services, up to $1,000,000 in fiscal year 2007 may be used by the | 71460 |
| Department of Education to administer the Educational Choice | 71461 |
| Scholarship Program established under section 3310.02 of the | 71462 |
| Revised Code. | 71463 |
| Of the foregoing appropriation item 200-100, Personal | 71464 |
| Services, up to $65,000 in each fiscal year shall be provided to | 71465 |
| Southern State Community College for the Pilot Post-Secondary | 71466 |
| Enrollment Options Program with Miami Trace High School. | 71467 |
| MAINTENANCE AND EQUIPMENT | 71468 |
| Of the foregoing appropriation item 200-320, Maintenance and | 71469 |
| Equipment, up to $25,000 may be expended in each fiscal year for | 71470 |
| State Board of Education out-of-state travel. | 71471 |
| Of the foregoing appropriation item 200-320, Maintenance and | 71472 |
| Equipment, $652,014 in each fiscal year shall be used by the | 71473 |
| Department of Education to provide vocational administration | 71474 |
| matching funds under 20 U.S.C. 2311. | 71475 |
| Section 206.09.06. EARLY CHILDHOOD EDUCATION | 71476 |
| The Department of Education shall distribute the foregoing | 71477 |
| appropriation item 200-408, Early Childhood Education, to pay the | 71478 |
| costs of comprehensive early childhood education programs. As used | 71479 |
| in this section, "provider" means a city, local, exempted village, | 71480 |
| or joint vocational school district, an educational service | 71481 |
| center, or any community-based entity licensed under sections | 71482 |
| 3301.52 to 3301.59 or Chapter 5104. of the Revised Code with | 71483 |
| experience educating children. | 71484 |
| (A) In each fiscal year, up to two per cent of the total | 71485 |
| appropriation may be used by the Department for program support | 71486 |
| and technical assistance. The Department shall distribute the | 71487 |
| remainder of the appropriation in each fiscal year to serve | 71488 |
| children from families earning not more than 200 per cent of the | 71489 |
| federal poverty guidelines. | 71490 |
| (B) The Department shall provide an annual report to the | 71491 |
| Governor, the Speaker of the House of Representatives, and the | 71492 |
| President of the Senate and post the report to the Department's | 71493 |
| web site, regarding early childhood education programs operated | 71494 |
| under this section and the early learning program guidelines for | 71495 |
| school readiness. | 71496 |
| (C) For purposes of this section, "eligible child" means a | 71497 |
| child who is at least three years of age, is not of the age to be | 71498 |
| eligible for kindergarten, and whose family earns not more than | 71499 |
| 200 per cent of the federal poverty guidelines. | 71500 |
| (D) After setting aside the amounts to make payments due from | 71501 |
| the previous fiscal year, in fiscal year 2006, the Department | 71502 |
| shall distribute funds first to recipients of funds for public | 71503 |
| preschool programs under Section 41.02 of Am. Sub. H.B. 95 of the | 71504 |
| 125th General Assembly in the previous fiscal year and the balance | 71505 |
| to new providers of early childhood education programs under this | 71506 |
| section. After setting aside the amounts to make payments due from | 71507 |
| the previous fiscal year, in fiscal year 2007, the Department | 71508 |
| shall distribute funds first to providers of early childhood | 71509 |
| education programs under this section in the previous fiscal year | 71510 |
| and the balance to new providers. Awards under this section shall | 71511 |
| be distributed on a per-pupil basis, which the Department may | 71512 |
| adjust so that the per-pupil amount multiplied by the number of | 71513 |
| eligible children enrolled and receiving services, as defined by | 71514 |
| the Department, reported on the first day of December or the first | 71515 |
| business day following that date equals the amount allocated under | 71516 |
| division (A) of this section. The Department may increase the | 71517 |
| per-pupil amount by a reasonable percentage for inflation, to be | 71518 |
| determined by the Department. | 71519 |
| The Department may reallocate unobligated or unspent money to | 71520 |
| participating providers for purposes of program expansion, | 71521 |
| improvement, or special projects to promote quality and | 71522 |
| innovation. | 71523 |
| (E) Costs for developing and administering an early childhood | 71524 |
| education program may not exceed fifteen per cent of the total | 71525 |
| approved costs of the program. | 71526 |
| All providers shall maintain such fiscal control and | 71527 |
| accounting procedures as may be necessary to ensure the | 71528 |
| disbursement of, and accounting for, these funds. The control of | 71529 |
| funds provided in this program, and title to property obtained | 71530 |
| therefrom, shall be under the authority of the approved provider | 71531 |
| for purposes provided in the program unless, as described in | 71532 |
| division (I) of this section, the program waives its right for | 71533 |
| funding or a program's funding is eliminated or reduced due to its | 71534 |
| inability to meet financial or early learning program guidelines | 71535 |
| for school readiness. The approved provider shall administer and | 71536 |
| use such property and funds for the purposes specified. | 71537 |
| (F) The Department may examine a provider's financial and | 71538 |
| program records. If the financial practices of the program are not | 71539 |
| in accordance with standard accounting principles or do not meet | 71540 |
| financial standards outlined under division (E) of this section, | 71541 |
| or if the program fails to substantially meet the early learning | 71542 |
| program guidelines for school readiness or exhibits below average | 71543 |
| performance as measured against the guidelines, the early | 71544 |
| childhood education program shall propose and implement a | 71545 |
| corrective action plan that has been approved by the Department. | 71546 |
| The approved corrective action plan shall be signed by the chief | 71547 |
| executive officer and the executive of the official governing body | 71548 |
| of the provider. The corrective action plan shall include a | 71549 |
| schedule for monitoring by the Department. Such monitoring may | 71550 |
| include monthly reports, inspections, a timeline for correction of | 71551 |
| deficiencies, and technical assistance to be provided by the | 71552 |
| Department or obtained by the early childhood education program. | 71553 |
| The Department may withhold funding pending corrective action. If | 71554 |
| an early childhood education program fails to satisfactorily | 71555 |
| complete a corrective action plan, the Department may deny | 71556 |
| expansion funding to the program or withdraw all or part of the | 71557 |
| funding to the program and establish a new provider through a | 71558 |
| competitive bidding process established by the Department. | 71559 |
| (G) Each early childhood education program shall do all of | 71560 |
| the following: | 71561 |
| (1) Meet teacher qualification requirements prescribed by | 71562 |
| section 3301.311 of the Revised Code; | 71563 |
| (2) Align curriculum to the early learning program guidelines | 71564 |
| for school readiness; | 71565 |
| (3) Meet any assessment requirements prescribed by section | 71566 |
| 3301.0715 of the Revised Code that are applicable to the program; | 71567 |
| (4) Require teachers, including teachers enrolled and working | 71568 |
| to obtain a degree pursuant to section 3301.311 of the Revised | 71569 |
| Code, to attend a minimum of twenty hours per year of professional | 71570 |
| development as prescribed by the Department regarding the | 71571 |
| implementation of content standards and assessments; | 71572 |
| (5) Document and report child progress in meeting the early | 71573 |
| learning program guidelines for school readiness. | 71574 |
| (H) Each provider shall develop a sliding fee scale based on | 71575 |
| family incomes and shall charge families who earn more than the | 71576 |
| federal poverty guidelines for the early childhood education | 71577 |
| program. | 71578 |
| (I) If an early childhood education program voluntarily | 71579 |
| waives its right for funding, or has its funding eliminated for | 71580 |
| not meeting financial standards or the early learning program | 71581 |
| guidelines for school readiness, the provider shall transfer | 71582 |
| control of title to property, equipment, and remaining supplies | 71583 |
| obtained through the program to providers designated by the | 71584 |
| Department and return any unexpended funds to the Department along | 71585 |
| with any reports prescribed by the Department. The funding made | 71586 |
| available from a program that waives its right for funding or has | 71587 |
| its funding eliminated or reduced may be used by the Department | 71588 |
| for new grant awards or expansion grants. The Department may award | 71589 |
| new grants or expansion grants to eligible providers who apply. | 71590 |
| The eligible providers who apply must do so in accordance with the | 71591 |
| competitive bidding process established by the Department. | 71592 |
| (J) As used in this section, "early learning program | 71593 |
| guidelines for school readiness" means the guidelines established | 71594 |
| by the Department pursuant to division (C)(3) of Section 206.09.54 | 71595 |
| of this act. | 71596 |
| Section 206.09.09. EDUCATOR TRAINING | 71597 |
| The foregoing appropriation item 200-410, Educator Training, | 71598 |
| shall be used to fund professional development programs in Ohio. | 71599 |
| The Department of Education shall, when possible, incorporate | 71600 |
| cultural competency as a component of professional development and | 71601 |
| actively promote the development of cultural competency in the | 71602 |
| operation of its professional development programs. As used in | 71603 |
| this section, "cultural competency" has the meaning specified by | 71604 |
| the Educator Standards Board under section 3319.61 of the Revised | 71605 |
| Code. | 71606 |
| Of the foregoing appropriation item 200-410, Educator | 71607 |
| Training, up to $7,850,000 in fiscal year 2006 and up to | 71608 |
| $8,250,000 in fiscal year 2007 shall be used by the Department of | 71609 |
| Education to provide grants to pay $2,000 of the application fee | 71610 |
| in order to assist teachers from public and chartered nonpublic | 71611 |
| schools applying for the first time to the National Board for | 71612 |
| Professional Teaching Standards for professional teaching | 71613 |
| certificates or licenses that the board offers. This set aside | 71614 |
| shall also be used to recognize and reward teachers who become | 71615 |
| certified by the National Board for Professional Teaching | 71616 |
| Standards under section 3319.55 of the Revised Code. Up to | 71617 |
| $300,000 in each fiscal year of this set aside may be used by the | 71618 |
| Department to pay for costs associated with activities to support | 71619 |
| candidates through the application and certification process. | 71620 |
| These moneys shall be used to pay up to the first 400 | 71621 |
| applications in each fiscal year received by the Department. | 71622 |
| Of the foregoing appropriation item 200-410, Educator | 71623 |
| Training, up to $9,515,817 in each fiscal year shall be allocated | 71624 |
| for entry year programs. These funds shall be used to support | 71625 |
| mentoring services and performance assessments of beginning | 71626 |
| teachers in school districts and chartered nonpublic schools. | 71627 |
| Of the foregoing appropriation item 200-410, Educator | 71628 |
| Training, up to $200,000 in each fiscal year shall be used to | 71629 |
| provide technical assistance and grants for districts to develop | 71630 |
| local knowledge/skills-based compensation systems (Teacher | 71631 |
| Advancement Program). Each district receiving grants shall issue | 71632 |
| an annual report to the Department of Education detailing the use | 71633 |
| of the funds and the impact of the system developed by the | 71634 |
| district. | 71635 |
| Of the foregoing appropriation item 200-410, Educator | 71636 |
| Training, up to $350,000 in each fiscal year shall be used for | 71637 |
| training and professional development of school administrators, | 71638 |
| school treasurers, and school business officials. | 71639 |
| Of the foregoing appropriation item 200-410, Educator | 71640 |
| Training, up to $100,000 in fiscal year 2007 shall be used by the | 71641 |
| Department of Education to develop a supply and demand report that | 71642 |
| describes the availability of quality educators and critical | 71643 |
| educator shortage areas in Ohio. | 71644 |
| Of the foregoing appropriation item 200-410, Educator | 71645 |
| Training, up to $885,740 in each fiscal year shall be used for | 71646 |
| educator recruitment programs targeting shortage areas, including | 71647 |
| recruiting highly qualified minority candidates into teaching and | 71648 |
| recruiting prospective mathematics and science teachers. The funds | 71649 |
| also may be used to provide an alternative route to licensure for | 71650 |
| principals and other administrators. | 71651 |
| Of the foregoing appropriation item 200-410, Educator | 71652 |
| Training, up to $187,500 in each fiscal year shall be used by the | 71653 |
| Department of Education to identify hard-to-staff schools and to | 71654 |
| provide incentives for highly qualified teachers to teach in these | 71655 |
| schools. Stipends shall be provided to teachers with at least | 71656 |
| three years of experience who teach in the areas of special | 71657 |
| education or middle or high school mathematics or science. | 71658 |
| Of the foregoing appropriation item 200-410, Educator | 71659 |
| Training, up to $63,000 in each fiscal year shall be used to | 71660 |
| support the Ohio University Leadership Program. | 71661 |
| Of the foregoing appropriation item 200-410, Educator | 71662 |
| Training, up to $4,371,000 in each fiscal year shall be allocated | 71663 |
| by the Department of Education on a per pupil basis, to school | 71664 |
| districts in academic emergency or with a three-year average | 71665 |
| graduation rate of not more than seventy-five per cent. As used in | 71666 |
| this section, "three-year average" and "graduation rate" have the | 71667 |
| meanings specified in section 3302.01 of the Revised Code. These | 71668 |
| funds shall be used by the districts to provide an equivalent of | 71669 |
| five days of ongoing embedded professional development for | 71670 |
| classroom teachers who provide instruction in the subject areas of | 71671 |
| reading, writing, mathematics, science, or social studies to | 71672 |
| students enrolled in the ninth or tenth grade. This professional | 71673 |
| development shall focus on developing subject competency, | 71674 |
| developing cultural competency, developing skills for analyzing | 71675 |
| test data, and developing data-based intervention strategies to | 71676 |
| prepare students below grade level to pass the Ohio Graduation | 71677 |
| Test. Districts shall submit a research-based, professional | 71678 |
| development plan for five days of embedded professional | 71679 |
| development to the Department of Education prior to receiving | 71680 |
| funds. The plan shall detail how ninth and tenth grade teachers | 71681 |
| will learn and implement classroom strategies for students to | 71682 |
| reach state standards in mathematics, reading, writing, social | 71683 |
| studies, and science. | 71684 |
| Section 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 71685 |
| The foregoing appropriation item 200-420, | 71686 |
| Computer/Application/Network Development, shall be used to support | 71687 |
| the development and implementation of information technology | 71688 |
| solutions designed to improve the performance and services of the | 71689 |
| Department of Education. Funds may be used for personnel, | 71690 |
| maintenance, and equipment costs related to the development and | 71691 |
| implementation of these technical system projects. Implementation | 71692 |
| of these systems shall allow the Department to provide greater | 71693 |
| levels of assistance to school districts and to provide more | 71694 |
| timely information to the public, including school districts, | 71695 |
| administrators, and legislators. | 71696 |
| ALTERNATIVE EDUCATION PROGRAMS | 71697 |
| There is hereby created the Alternative Education Advisory | 71698 |
| Council, which shall consist of one representative from each of | 71699 |
| the following agencies: the Ohio Department of Education; the | 71700 |
| Department of Youth Services; the Ohio Department of Alcohol and | 71701 |
| Drug Addiction Services; the Department of Mental Health; the | 71702 |
| Office of the Governor or, at the Governor's discretion, the | 71703 |
| Office of the Lieutenant Governor; the Office of the Attorney | 71704 |
| General; and the Office of the Auditor of State. | 71705 |
| Of the foregoing appropriation item 200-421, Alternative | 71706 |
| Education Programs, up to $6,227,310 in each fiscal year shall be | 71707 |
| used for the renewal of successful implementation grants and for | 71708 |
| competitive matching grants to the 21 urban school districts as | 71709 |
| defined in division (O) of section 3317.02 of the Revised Code as | 71710 |
| it existed prior to July 1, 1998, and up to $6,408,074 in each | 71711 |
| fiscal year shall be used for the renewal of successful | 71712 |
| implementation grants and for competitive matching grants to rural | 71713 |
| and suburban school districts for alternative educational programs | 71714 |
| for existing and new at-risk and delinquent youth. Programs shall | 71715 |
| be focused on youth in one or more of the following categories: | 71716 |
| those who have been expelled or suspended, those who have dropped | 71717 |
| out of school or who are at risk of dropping out of school, those | 71718 |
| who are habitually truant or disruptive, or those on probation or | 71719 |
| on parole from a Department of Youth Services facility. Grants | 71720 |
| shall be awarded according to the criteria established by the | 71721 |
| Alternative Education Advisory Council in 1999. Grants shall be | 71722 |
| awarded only to programs in which the grant will not serve as the | 71723 |
| program's primary source of funding. These grants shall be | 71724 |
| administered by the Department of Education. | 71725 |
| The Department of Education may waive compliance with any | 71726 |
| minimum education standard established under section 3301.07 of | 71727 |
| the Revised Code for any alternative school that receives a grant | 71728 |
| under this section on the grounds that the waiver will enable the | 71729 |
| program to more effectively educate students enrolled in the | 71730 |
| alternative school. | 71731 |
| Of the foregoing appropriation item 200-421, Alternative | 71732 |
| Education Programs, up to $422,281 in each fiscal year may be used | 71733 |
| for program administration, monitoring, technical assistance, | 71734 |
| support, research, and evaluation. Any unexpended balance may be | 71735 |
| used to provide additional matching grants to urban, suburban, or | 71736 |
| rural school districts as outlined above. | 71737 |
| Of the foregoing appropriation item 200-421, Alternative | 71738 |
| Education Programs, $75,000 in each fiscal year shall be used to | 71739 |
| support the Toledo Tech Academy. | 71740 |
| SCHOOL MANAGEMENT ASSISTANCE | 71741 |
| Of the foregoing appropriation item 200-422, School | 71742 |
| Management Assistance, up to $1,315,000 in each fiscal year shall | 71743 |
| be used by the Auditor of State in consultation with the | 71744 |
| Department of Education for expenses incurred in the Auditor of | 71745 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 71746 |
| emergency activities as defined in Chapter 3316. of the Revised | 71747 |
| Code and may also be used to conduct performance audits consistent | 71748 |
| with the recommendations of the Governor's Blue Ribbon Task Force | 71749 |
| on Financing Student Success, with priority given to districts in | 71750 |
| fiscal distress. Expenses include duties related to the completion | 71751 |
| of performance audits for school districts that the Superintendent | 71752 |
| of Public Instruction determines are employing fiscal practices or | 71753 |
| experiencing budgetary conditions that could produce a state of | 71754 |
| fiscal watch or fiscal emergency. | 71755 |
| The remainder of foregoing appropriation item 200-422, School | 71756 |
| Management Assistance, shall be used by the Department of | 71757 |
| Education to provide fiscal technical assistance and inservice | 71758 |
| education for school district management personnel and to | 71759 |
| administer, monitor, and implement the fiscal watch and fiscal | 71760 |
| emergency provisions under Chapter 3316. of the Revised Code. | 71761 |
| POLICY ANALYSIS | 71762 |
| The foregoing appropriation item 200-424, Policy Analysis, | 71763 |
| shall be used by the Department of Education to support a system | 71764 |
| of administrative, statistical, and legislative education | 71765 |
| information to be used for policy analysis. Staff supported by | 71766 |
| this appropriation shall administer the development of reports, | 71767 |
| analyses, and briefings to inform education policymakers of | 71768 |
| current trends in education practice, efficient and effective use | 71769 |
| of resources, and evaluation of programs to improve education | 71770 |
| results. The database shall be kept current at all times. These | 71771 |
| research efforts shall be used to supply information and analysis | 71772 |
| of data to the General Assembly and other state policymakers, | 71773 |
| including the Office of Budget and Management and the Legislative | 71774 |
| Service Commission. | 71775 |
| The Department of Education may use funding from this | 71776 |
| appropriation item to purchase or contract for the development of | 71777 |
| software systems or contract for policy studies that will assist | 71778 |
| in the provision and analysis of policy-related information. | 71779 |
| Funding from this appropriation item also may be used to monitor | 71780 |
| and enhance quality assurance for research-based policy analysis | 71781 |
| and program evaluation to enhance the effective use of education | 71782 |
| information to inform education policymakers. | 71783 |
| TECH PREP CONSORTIA SUPPORT | 71784 |
| The foregoing appropriation item 200-425, Tech Prep Consortia | 71785 |
| Support, shall be used by the Department of Education to support | 71786 |
| state-level activities designed to support, promote, and expand | 71787 |
| tech prep programs. Use of these funds shall include, but not be | 71788 |
| limited to, administration of grants, program evaluation, | 71789 |
| professional development, curriculum development, assessment | 71790 |
| development, program promotion, communications, and statewide | 71791 |
| coordination of tech prep consortia. | 71792 |
| OHIO EDUCATIONAL COMPUTER NETWORK | 71793 |
| The foregoing appropriation item 200-426, Ohio Educational | 71794 |
| Computer Network, shall be used by the Department of Education to | 71795 |
| maintain a system of information technology throughout Ohio and to | 71796 |
| provide technical assistance for such a system in support of the | 71797 |
| State Education Technology Plan under section 3301.07 of the | 71798 |
| Revised Code. | 71799 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 71800 |
| Computer Network, up to $18,136,691 in each fiscal year shall be | 71801 |
| used by the Department of Education to support connection of all | 71802 |
| public school buildings and participating chartered nonpublic | 71803 |
| schools to the state's education network, to each other, and to | 71804 |
| the Internet. In each fiscal year the Department of Education | 71805 |
| shall use these funds to assist data acquisition sites or school | 71806 |
| districts with the operational costs associated with this | 71807 |
| connectivity. The Department of Education shall develop a formula | 71808 |
| and guidelines for the distribution of these funds to the data | 71809 |
| acquisition sites or individual school districts. As used in this | 71810 |
| section, "public school building" means a school building of any | 71811 |
| city, local, exempted village, or joint vocational school | 71812 |
| district, any community school established under Chapter 3314. of | 71813 |
| the Revised Code, any educational service center building used for | 71814 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 71815 |
| School for the Blind, or high schools chartered by the Ohio | 71816 |
| Department of Youth Services and high schools operated by Ohio | 71817 |
| Department of Rehabilitation and Corrections' Ohio Central School | 71818 |
| System. | 71819 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 71820 |
| Computer Network, up to $1,700,000 in each fiscal year shall be | 71821 |
| used for the Union Catalog and InfOhio Network. | 71822 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 71823 |
| Computer Network, up to $8,338,468 in each fiscal year shall be | 71824 |
| used, through a formula and guidelines devised by the department, | 71825 |
| to subsidize the activities of designated data acquisition sites, | 71826 |
| as defined by State Board of Education rules, to provide school | 71827 |
| districts and chartered nonpublic schools with computer-based | 71828 |
| student and teacher instructional and administrative information | 71829 |
| services, including approved computerized financial accounting, | 71830 |
| and to ensure the effective operation of local automated | 71831 |
| administrative and instructional systems. | 71832 |
| The remainder of appropriation item 200-426, Ohio Educational | 71833 |
| Computer Network, shall be used to support development, | 71834 |
| maintenance, and operation of a network of uniform and compatible | 71835 |
| computer-based information and instructional systems. This | 71836 |
| technical assistance shall include, but not be restricted to, | 71837 |
| development and maintenance of adequate computer software systems | 71838 |
| to support network activities. In order to improve the efficiency | 71839 |
| of network activities, the Department and data acquisition sites | 71840 |
| may jointly purchase equipment, materials, and services from funds | 71841 |
| provided under this appropriation for use by the network and, when | 71842 |
| considered practical by the Department, may utilize the services | 71843 |
| of appropriate state purchasing agencies. | 71844 |
| ACADEMIC STANDARDS | 71845 |
| Of the foregoing appropriation item 200-427, Academic | 71846 |
| Standards, up to $747,912 in each fiscal year shall be used to | 71847 |
| provide funds to school districts that have one or more teachers | 71848 |
| participating in the teachers-on-loan program. | 71849 |
| Of the foregoing appropriation item 200-427, Academic | 71850 |
| Standards, $150,000 in each fiscal year shall be used by the | 71851 |
| Department in combination with funding earmarked for this purpose | 71852 |
| in the Board of Regents' budget under appropriation item 235-321, | 71853 |
| Operating Expenses. Such funding shall be used to support Ohio's | 71854 |
| Partnership for Continued Learning at the direction of the Office | 71855 |
| of the Governor. Ohio's Partnership for Continued Learning | 71856 |
| replaces and broadens the former Joint Council of the Department | 71857 |
| of Education and the Board of Regents. The Partnership shall | 71858 |
| advise and make recommendations to promote collaboration among | 71859 |
| relevant state entities in an effort to help local communities | 71860 |
| develop coherent and successful "P-16" learning systems. The | 71861 |
| Governor, or the Governor's designee, shall serve as the | 71862 |
| chairperson. | 71863 |
| Of the foregoing appropriation item 200-427, Academic | 71864 |
| Standards, $500,000 in each fiscal year shall be used for Project | 71865 |
| Lead the Way leadership and management oversight and initial and | 71866 |
| continuing support of Project Lead the Way workforce development | 71867 |
| programs in participating school districts. Project Lead the Way | 71868 |
| is a program that supports students interested in pursuing | 71869 |
| engineering professions and stimulates growth of career pathways | 71870 |
| that meet business and industry workforce needs. | 71871 |
| Of the foregoing appropriation item 200-427, Academic | 71872 |
| Standards, up to $2,600,000 in each fiscal year shall be used for | 71873 |
| intensive teacher professional development institutes that focus | 71874 |
| on classroom implementation of the mathematics standards. | 71875 |
| The remainder of appropriation item 200-427, Academic | 71876 |
| Standards, shall be used by the Department of Education to develop | 71877 |
| and communicate to school districts academic content standards and | 71878 |
| curriculum models. | 71879 |
| Section 206.09.15. SCHOOL IMPROVEMENT INITIATIVES | 71880 |
| Of the foregoing appropriation item 200-431, School | 71881 |
| Improvement Initiatives, up to $14,972,949 in fiscal year 2006 and | 71882 |
| $15,122,678 in fiscal year 2007 shall be used to provide technical | 71883 |
| assistance to school districts that are declared to be in a state | 71884 |
| of academic watch or academic emergency under section 3302.03 of | 71885 |
| the Revised Code, to provide support to districts in the | 71886 |
| development and implementation of their continuous improvement | 71887 |
| plans as required in section 3302.04 of the Revised Code, to | 71888 |
| support a statewide comprehensive system of field relations that | 71889 |
| support local educators' abilities to foster academic achievement | 71890 |
| in the students they serve, and to provide technical assistance | 71891 |
| and support in accordance with Title I of the "No Child Left | 71892 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field | 71893 |
| relations system shall include training that assists educators, | 71894 |
| school leadership, and technical assistance providers in | 71895 |
| understanding and implementing standards-based education, data | 71896 |
| analysis, and development of assessment systems for quality | 71897 |
| instruction. | 71898 |
| Of the foregoing appropriation item 200-431, School | 71899 |
| Improvement Initiatives, up to $315,000 in each fiscal year shall | 71900 |
| be used to reduce the dropout rate by addressing the academic and | 71901 |
| social problems of inner-city students through Project GRAD. | 71902 |
| Of the foregoing appropriation item 200-431, School | 71903 |
| Improvement Initiatives, $1,574,535 in fiscal year 2006 and | 71904 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 71905 |
| funding provided in the Board of Regents' budget under | 71906 |
| appropriation item 235-434, College Readiness and Access, to | 71907 |
| create early college high schools, which are small, autonomous | 71908 |
| schools that blend high school and college into a coherent | 71909 |
| educational program. | 71910 |
| Of the foregoing appropriation item 200-431, School | 71911 |
| Improvement Initiatives, up to $3,000,000 in fiscal year 2006 and | 71912 |
| up to $5,000,000 in fiscal year 2007 shall be used in partnership | 71913 |
| with nonprofit groups with expertise in converting existing large | 71914 |
| urban high schools into small, personalized high schools. | 71915 |
| Districts eligible for such funding include the Urban 21 high | 71916 |
| schools, as defined in division (O) of section 3317.02 of the | 71917 |
| Revised Code as it existed prior to July 1, 1998, with priority | 71918 |
| given to those without other sources of funding for this | 71919 |
| initiative. | 71920 |
| READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT | 71921 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 71922 |
| Improvement-Professional Development, up to $9,175,000 in each | 71923 |
| fiscal year shall be used for educator training in literacy for | 71924 |
| classroom teachers, administrators, and literacy specialists. | 71925 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 71926 |
| Improvement-Professional Development, up to $5,000,000 in each | 71927 |
| fiscal year shall be used to support literacy professional | 71928 |
| development partnerships between the Department of Education, | 71929 |
| higher education institutions, literacy networks, and school | 71930 |
| districts. | 71931 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 71932 |
| Improvement–Professional Development, up to $900,000 in each | 71933 |
| fiscal year shall be used by the Department of Education to fund | 71934 |
| the Reading Recovery Training Network, to cover the cost of | 71935 |
| release time for the teacher trainers, and to provide grants to | 71936 |
| districts to implement other reading improvement programs on a | 71937 |
| pilot basis. Funds from this set-aside also may be used to conduct | 71938 |
| evaluations of the impact and effectiveness of Reading Recovery | 71939 |
| and other reading improvement programs. | 71940 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 71941 |
| Improvement-Professional Development, up to $250,000 in each | 71942 |
| fiscal year shall be used for the Waterford Early Reading Program. | 71943 |
| The remainder of appropriation item 200-433, Reading/Writing | 71944 |
| Improvement-Professional Development, shall be used by the | 71945 |
| Department of Education to provide administrative support of | 71946 |
| literacy professional development programs. | 71947 |
| STUDENT ASSESSMENT | 71948 |
| The foregoing appropriation item 200-437, Student Assessment, | 71949 |
| shall be used to develop, field test, print, distribute, score, | 71950 |
| report results, and support other associated costs for the tests | 71951 |
| required under sections 3301.0710 and 3301.0711 of the Revised | 71952 |
| Code and for similar purposes as required by section 3301.27 of | 71953 |
| the Revised Code. | 71954 |
| ACCOUNTABILITY/REPORT CARDS | 71955 |
| Of the foregoing appropriation item 200-439, | 71956 |
| Accountability/Report Cards, up to $200,100 in fiscal year 2006 | 71957 |
| and up to $2,778,540 in fiscal year 2007 shall be used by the | 71958 |
| Department of Education to incorporate a statewide pilot | 71959 |
| value-added progress dimension into performance ratings for school | 71960 |
| districts and to train regional specialists. This funding shall be | 71961 |
| used in consultation with a credible nonprofit organization with | 71962 |
| expertise in value-added progress dimensions. | 71963 |
| The remainder of the appropriation item 200-439, | 71964 |
| Accountability/Report Cards, shall be used for the development of | 71965 |
| an accountability system that includes the preparation and | 71966 |
| distribution of school report cards under section 3302.03 of the | 71967 |
| Revised Code. | 71968 |
| CHILD CARE LICENSING | 71969 |
| The foregoing appropriation item 200-442, Child Care | 71970 |
| Licensing, shall be used by the Department of Education to license | 71971 |
| and to inspect preschool and school-age child care programs under | 71972 |
| sections 3301.52 to 3301.59 of the Revised Code. | 71973 |
| OHIOREADS VOLUNTEER SUPPORT | 71974 |
| The foregoing appropriation item 200-445, OhioReads Volunteer | 71975 |
| Support, may be allocated by the Department of Education for | 71976 |
| volunteer coordinators in public school buildings, for background | 71977 |
| checks for volunteers, to evaluate programs, and to develop, | 71978 |
| implement, and support literacy improvement activities and | 71979 |
| interventions for students in grades kindergarten through twelve. | 71980 |
| Section 206.09.18. EDUCATION MANAGEMENT INFORMATION SYSTEM | 71981 |
| The foregoing appropriation item 200-446, Education | 71982 |
| Management Information System, shall be used by the Department of | 71983 |
| Education to improve the Education Management Information System | 71984 |
| (EMIS). | 71985 |
| Of the foregoing appropriation item 200-446, Education | 71986 |
| Management Information System, up to $1,295,857 in each fiscal | 71987 |
| year shall be distributed to designated data acquisition sites for | 71988 |
| costs relating to processing, storing, and transferring data for | 71989 |
| the effective operation of the EMIS. These costs may include, but | 71990 |
| are not limited to, personnel, hardware, software development, | 71991 |
| communications connectivity, professional development, and support | 71992 |
| services, and to provide services to participate in the State | 71993 |
| Education Technology Plan pursuant to section 3301.07 of the | 71994 |
| Revised Code. | 71995 |
| Of the foregoing appropriation item 200-446, Education | 71996 |
| Management Information System, up to $8,055,189 in each fiscal | 71997 |
| year shall be distributed on a per-pupil basis to school | 71998 |
| districts, community schools established under Chapter 3314. of | 71999 |
| the Revised Code, educational service centers, joint vocational | 72000 |
| school districts, and any other education entity that reports data | 72001 |
| through EMIS. From this funding, each school district or community | 72002 |
| school established under Chapter 3314. of the Revised Code with | 72003 |
| enrollment greater than 100 students and each vocational school | 72004 |
| district shall receive a minimum of $5,000 in each fiscal year. | 72005 |
| Each school district or community school established under Chapter | 72006 |
| 3314. of the Revised Code with enrollment between one and one | 72007 |
| hundred and each educational service center and each county board | 72008 |
| of MR/DD that submits data through EMIS shall receive $3,000 in | 72009 |
| each fiscal year. This subsidy shall be used for costs relating to | 72010 |
| reporting, processing, storing, transferring, and exchanging data | 72011 |
| necessary to meet requirements of the Department of Education's | 72012 |
| data system. | 72013 |
| The remainder of appropriation item 200-446, Education | 72014 |
| Management Information System, shall be used to develop and | 72015 |
| support a common core of data definitions and standards as adopted | 72016 |
| by the Education Data Advisory Council, including the ongoing | 72017 |
| development and maintenance of the data dictionary and data | 72018 |
| warehouse. In addition, such funds shall be used to support the | 72019 |
| development and implementation of data standards and the design, | 72020 |
| development, and implementation of a new data exchange system. | 72021 |
| Any provider of software meeting the standards approved by | 72022 |
| the Education Data Advisory Council shall be designated as an | 72023 |
| approved vendor and may enter into contracts with local school | 72024 |
| districts, community schools, data acquisition centers, or other | 72025 |
| educational entities for the purpose of collecting and managing | 72026 |
| data required under Ohio's education management information system | 72027 |
| (EMIS) laws. On an annual basis, the Department of Education shall | 72028 |
| convene an advisory group of school districts, community schools, | 72029 |
| and other education-related entities to review the Education | 72030 |
| Management Information System data definitions and data format | 72031 |
| standards. The advisory group shall recommend changes and | 72032 |
| enhancements based upon surveys of its members, education agencies | 72033 |
| in other states, and current industry practices, to reflect best | 72034 |
| practices, align with federal initiatives, and meet the needs of | 72035 |
| school districts. | 72036 |
| School districts and community schools not implementing a | 72037 |
| common and uniform set of data definitions and data format | 72038 |
| standards for Education Management Information System purposes | 72039 |
| shall have all EMIS funding withheld until they are in compliance. | 72040 |
| GED TESTING | 72041 |
| The foregoing appropriation item 200-447, GED Testing, shall | 72042 |
| be used to provide General Educational Development (GED) testing | 72043 |
| at no cost to applicants, under rules adopted by the State Board | 72044 |
| of Education. The Department of Education shall reimburse school | 72045 |
| districts and community schools, created under Chapter 3314. of | 72046 |
| the Revised Code, for a portion of the costs incurred in providing | 72047 |
| summer instructional or intervention services to students who have | 72048 |
| not graduated because of their inability to pass one or more parts | 72049 |
| of the state's Ohio Graduation Test or ninth grade proficiency | 72050 |
| test. School districts shall also provide such services to | 72051 |
| students who are residents of the district under section 3313.64 | 72052 |
| of the Revised Code, but who are enrolled in chartered, nonpublic | 72053 |
| schools. The services shall be provided in the public school, in | 72054 |
| nonpublic schools, in public centers, or in mobile units located | 72055 |
| on or off the nonpublic school premises. No school district shall | 72056 |
| provide summer instructional or intervention services to nonpublic | 72057 |
| school students as authorized by this section unless such services | 72058 |
| are available to students attending the public schools within the | 72059 |
| district. No school district shall provide services for use in | 72060 |
| religious courses, devotional exercises, religious training, or | 72061 |
| any other religious activity. Chartered, nonpublic schools shall | 72062 |
| pay for any unreimbursed costs incurred by school districts for | 72063 |
| providing summer instruction or intervention services to students | 72064 |
| enrolled in chartered, nonpublic schools. School districts may | 72065 |
| provide these services to students directly or contract with | 72066 |
| postsecondary or nonprofit community-based institutions in | 72067 |
| providing instruction. | 72068 |
| EDUCATOR PREPARATION | 72069 |
| Of the foregoing appropriation item 200-448, Educator | 72070 |
| Preparation, $100,000 in each fiscal year shall be provided in | 72071 |
| conjunction with funding in the Board of Regents' budget under | 72072 |
| appropriation item 235-435, Teacher Improvement Initiatives, to | 72073 |
| the Teacher Quality Partnership project. The Teacher Quality | 72074 |
| Partnership is a research consortium of Ohio's fifty colleges and | 72075 |
| universities providing teacher preparation programs. Funds shall | 72076 |
| be used to support a comprehensive longitudinal study of the | 72077 |
| preparation, in-school support, and effectiveness of Ohio | 72078 |
| teachers. | 72079 |
| Of the foregoing appropriation item 200-448, Educator | 72080 |
| Preparation, up to $1,551,000 in each fiscal year shall be used by | 72081 |
| the Department to support the Educator Standards Board under | 72082 |
| section 3319.61 of the Revised Code as it develops and recommends | 72083 |
| to the State Board of Education standards for educator training | 72084 |
| and standards for teacher and other school leadership positions. | 72085 |
| TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP | 72086 |
| Funds appropriated for the purpose of providing start up | 72087 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 72088 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 72089 |
| provision of services to children eligible for Title IV-A services | 72090 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 72091 |
| programs shall be reimbursed to the General Revenue Fund when the | 72092 |
| Title IV-A Head Start or Title IV-A Head Start Plus programs cease | 72093 |
| to exist in fiscal year 2006 or are no longer funded from Title | 72094 |
| IV-A. | 72095 |
| Within ninety days after the effective date of this section, | 72096 |
| the Title IV-A Head Start agencies, the Title IV-A Head Start Plus | 72097 |
| agencies, and the Department of Education shall determine the | 72098 |
| outstanding amount remaining to be repaid for the start up grants, | 72099 |
| and, within ten days thereafter, the Title IV-A Head Start | 72100 |
| agencies and the Title IV-A Head Start Plus agencies shall pay | 72101 |
| this amount to the Department of Education for reimbursement to | 72102 |
| the General Revenue Fund. The Department of Education shall refer | 72103 |
| any amounts remaining due and payable to the state after that date | 72104 |
| to the Attorney General for collection under section 131.02 of the | 72105 |
| Revised Code. | 72106 |
| COMMUNITY SCHOOLS | 72107 |
| Of the foregoing appropriation item 200-455, Community | 72108 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 72109 |
| Department of Education for additional services and | 72110 |
| responsibilities under section 3314.11 of the Revised Code. | 72111 |
| Of the foregoing appropriation item 200-455, Community | 72112 |
| Schools, up to $225,000 in each fiscal year may be used by the | 72113 |
| Department of Education for developing and conducting training | 72114 |
| sessions for sponsors and prospective sponsors of community | 72115 |
| schools as prescribed in division (A)(1) of section 3314.015 of | 72116 |
| the Revised Code. In developing the training sessions, the | 72117 |
| Department shall collect and disseminate examples of best | 72118 |
| practices used by sponsors of independent charter schools in Ohio | 72119 |
| and other states. | 72120 |
| The remaining appropriation may be used by the Department of | 72121 |
| Education to make grants of up to $50,000 to each proposing group | 72122 |
| with a preliminary agreement obtained under division (C)(2) of | 72123 |
| section 3314.02 of the Revised Code in order to defray planning | 72124 |
| and initial start-up costs. In the first year of operation of a | 72125 |
| community school, the Department of Education may make a grant of | 72126 |
| not more than $100,000 to the governing authority of the school to | 72127 |
| partially defray additional start-up costs. The amount of the | 72128 |
| grant shall be based on a thorough examination of the needs of the | 72129 |
| community school. The Department of Education shall not utilize | 72130 |
| moneys received under this section for any other purpose other | 72131 |
| than those specified under this section. | 72132 |
| A community school awarded start-up grants from appropriation | 72133 |
| item 200-613, Public Charter Schools (Fund 3T4), shall not be | 72134 |
| eligible for grants under this section. | 72135 |
| Section 206.09.21. PUPIL TRANSPORTATION | 72136 |
| Of the foregoing appropriation item 200-502, Pupil | 72137 |
| Transportation, up to $822,400 in each fiscal year may be used by | 72138 |
| the Department of Education for training prospective and | 72139 |
| experienced school bus drivers in accordance with training | 72140 |
| programs prescribed by the Department. Up to $58,115,428 in fiscal | 72141 |
| year 2006 and up to $59,277,737 in fiscal year 2007 may be used by | 72142 |
| the Department of Education for special education transportation | 72143 |
| reimbursements to school districts and county MR/DD boards for | 72144 |
| transportation operating costs as provided in division (M) of | 72145 |
| section 3317.024 of the Revised Code. The remainder of | 72146 |
| appropriation item 200-502, Pupil Transportation, shall be used | 72147 |
| for the state reimbursement of public school districts' costs in | 72148 |
| transporting pupils to and from the school they attend in | 72149 |
| accordance with the district's policy, State Board of Education | 72150 |
| standards, and the Revised Code. | 72151 |
| Notwithstanding the distribution formula outlined in division | 72152 |
| (D) of section 3317.022 of the Revised Code, each school district | 72153 |
| shall receive an additional two per cent in state funding for | 72154 |
| transportation in fiscal year 2006 over what was received in | 72155 |
| fiscal year 2005, and the local share of transportation costs that | 72156 |
| is used in the calculation of the charge-off supplement and excess | 72157 |
| cost supplement for each school district in fiscal year 2006 shall | 72158 |
| be increased by two per cent from that used in calculations in | 72159 |
| fiscal year 2005. | 72160 |
| Notwithstanding the distribution formula outlined in division | 72161 |
| (D) of section 3317.022 of the Revised Code, each school district | 72162 |
| shall receive an additional two per cent in state funding for | 72163 |
| transportation in fiscal year 2007 over what was received in | 72164 |
| fiscal year 2006, and the local share of transportation costs that | 72165 |
| is used in the calculation of the charge-off supplement and excess | 72166 |
| cost supplement for each school district in fiscal year 2007 shall | 72167 |
| be increased by two per cent from that used in calculations in | 72168 |
| fiscal year 2006. | 72169 |
| The Department of Education shall recommend a new formula for | 72170 |
| allocating state funds for transportation costs. The Department | 72171 |
| shall submit the recommendation to the Director of Budget and | 72172 |
| Management, the Speaker of the House of Representatives, and the | 72173 |
| President of the Senate not later than July 1, 2006. | 72174 |
| School districts not receiving state funding for | 72175 |
| transportation in fiscal year 2005 under division (D) of section | 72176 |
| 3317.022 of the Revised Code shall not receive state funding for | 72177 |
| transportation in fiscal year 2006 or fiscal year 2007. | 72178 |
| BUS PURCHASE ALLOWANCE | 72179 |
| The foregoing appropriation item 200-503, Bus Purchase | 72180 |
| Allowance, shall be distributed to school districts, educational | 72181 |
| service centers, and county MR/DD boards pursuant to rules adopted | 72182 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 72183 |
| the amount appropriated may be used to reimburse school districts | 72184 |
| and educational service centers for the purchase of buses to | 72185 |
| transport handicapped and nonpublic school students and to county | 72186 |
| MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 72187 |
| for the Blind for the purchase of buses to transport handicapped | 72188 |
| students. | 72189 |
| SCHOOL LUNCH MATCH | 72190 |
| The foregoing appropriation item 200-505, School Lunch Match, | 72191 |
| shall be used to provide matching funds to obtain federal funds | 72192 |
| for the school lunch program. | 72193 |
| Section 206.09.24. ADULT LITERACY EDUCATION | 72194 |
| The foregoing appropriation item 200-509, Adult Literacy | 72195 |
| Education, shall be used to support adult basic and literacy | 72196 |
| education instructional programs and the State Literacy Resource | 72197 |
| Center Program. | 72198 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 72199 |
| Education, up to $488,037 in each fiscal year shall be used for | 72200 |
| the support and operation of the State Literacy Resource Center. | 72201 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 72202 |
| Education, up to $175,000 in each fiscal year shall be used for | 72203 |
| state reimbursement to school districts for adult high school | 72204 |
| continuing education programs under section 3313.531 of the | 72205 |
| Revised Code or for costs associated with awarding adult high | 72206 |
| school diplomas under section 3313.611 of the Revised Code. | 72207 |
| The remainder of the appropriation shall be used to continue | 72208 |
| to satisfy the state match and maintenance of effort requirements | 72209 |
| for the support and operation of the Department of | 72210 |
| Education-administered instructional grant program for adult basic | 72211 |
| and literacy education in accordance with the Department's state | 72212 |
| plan for adult basic and literacy education as approved by the | 72213 |
| State Board of Education and the Secretary of the United States | 72214 |
| Department of Education. | 72215 |
| AUXILIARY SERVICES | 72216 |
| The foregoing appropriation item 200-511, Auxiliary Services, | 72217 |
| shall be used by the Department of Education for the purpose of | 72218 |
| implementing section 3317.06 of the Revised Code. Of the | 72219 |
| appropriation, up to $2,000,000 in each fiscal year may be used | 72220 |
| for payment of the Post-Secondary Enrollment Options Program for | 72221 |
| nonpublic students under section 3365.10 of the Revised Code. | 72222 |
| POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION | 72223 |
| The foregoing appropriation item 200-514, Postsecondary Adult | 72224 |
| Career-Technical Education, shall be used by the State Board of | 72225 |
| Education to provide postsecondary adult career-technical | 72226 |
| education under sections 3313.52 and 3313.53 of the Revised Code. | 72227 |
| Section 206.09.27. GIFTED PUPIL PROGRAM | 72228 |
| The foregoing appropriation item 200-521, Gifted Pupil | 72229 |
| Program, shall be used for gifted education units not to exceed | 72230 |
| 1,110 in each fiscal year under division (P) of section 3317.024 | 72231 |
| and division (F) of section 3317.05 of the Revised Code. | 72232 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 72233 |
| Program, up to $4,700,000 in each fiscal year may be used as an | 72234 |
| additional supplement for identifying gifted students under | 72235 |
| Chapter 3324. of the Revised Code. | 72236 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 72237 |
| Program, the Department of Education may expend up to $940,000 in | 72238 |
| each fiscal year for the Summer Honors Institute for gifted | 72239 |
| freshman and sophomore high school students. Up to $65,800 in each | 72240 |
| fiscal year shall be used for the Ohio Summer School for the | 72241 |
| Gifted (Martin Essex Program). | 72242 |
| NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 72243 |
| The foregoing appropriation item 200-532, Nonpublic | 72244 |
| Administrative Cost Reimbursement, shall be used by the Department | 72245 |
| of Education for the purpose of implementing section 3317.063 of | 72246 |
| the Revised Code. | 72247 |
| Section 206.09.30. SPECIAL EDUCATION ENHANCEMENTS | 72248 |
| Of the foregoing appropriation item 200-540, Special | 72249 |
| Education Enhancements, up to $46,357,775 in fiscal year 2006 and | 72250 |
| up to $46,826,353 in fiscal year 2007 shall be used to fund | 72251 |
| special education and related services at county boards of mental | 72252 |
| retardation and developmental disabilities for eligible students | 72253 |
| under section 3317.20 of the Revised Code and at institutions for | 72254 |
| eligible students under section 3317.201 of the Revised Code. | 72255 |
| Of the foregoing appropriation item 200-540, Special | 72256 |
| Education Enhancements, up to $2,906,875 in each fiscal year shall | 72257 |
| be used for home instruction for children with disabilities; up to | 72258 |
| $1,462,500 in each fiscal year shall be used for parent mentoring | 72259 |
| programs; and up to $2,408,396 in each fiscal year may be used for | 72260 |
| school psychology interns. | 72261 |
| Of the foregoing appropriation item 200-540, Special | 72262 |
| Education Enhancements, $750,000 in each fiscal year shall be used | 72263 |
| for the Out of School Initiative of Sinclair Community College. | 72264 |
| Of the foregoing appropriation item 200-540, Special | 72265 |
| Education Enhancements, $500,000 in each fiscal year shall be | 72266 |
| distributed to Putnam, Northwest Ohio, Erie-Huron-Ottawa, and Wood | 72267 |
| County educational service centers for continued implementation in | 72268 |
| collaboration with the Ohio Coalition for the Education of | 72269 |
| Children with Disabilities of the research-based reading mentoring | 72270 |
| programs for students with disabilities in preschool through | 72271 |
| fourth grade. The mentoring programs selected shall have promising | 72272 |
| educational practices for accelerating student achievement, be | 72273 |
| easily replicated, have strong evaluative components, and have | 72274 |
| goals aligned to the Ohio achievement and proficiency tests. The | 72275 |
| mentoring programs shall be administered by certified staff, and | 72276 |
| testing of participants shall be required prior to, during, and | 72277 |
| after participation in the programs. Ongoing and comparison data | 72278 |
| shall be collected for fiscal years 2006 and 2007 by the Putnam | 72279 |
| County Educational Service Center and reported to the Governor, | 72280 |
| Superintendent of Public Instruction, and the General Assembly. | 72281 |
| Of the foregoing appropriation item 200-540, Special | 72282 |
| Education Enhancements, $315,000 in each fiscal year shall be used | 72283 |
| to implement the Collaborative Language and Literacy Instruction | 72284 |
| Project literacy reform programming, which provides professional | 72285 |
| development in language and literacy that supports student | 72286 |
| acquisition of language and literacy skills. The implementation of | 72287 |
| the Collaborative Language and Literacy Instruction Project shall | 72288 |
| demonstrate the improvement of language and literacy skills of | 72289 |
| at-risk learners under the instruction and training of the Ohio | 72290 |
| Education Development Center. Baseline data and comparison data | 72291 |
| for fiscal year 2006 and fiscal year 2007 shall be collected by | 72292 |
| the Ohio Education Development Center and reported to the | 72293 |
| Governor, the General Assembly, and the State Board of Education. | 72294 |
| Of the foregoing appropriation item 200-540, Special | 72295 |
| Education Enhancements, up to $79,194,060 in fiscal year 2006 and | 72296 |
| up to $79,986,001 in fiscal year 2007 shall be distributed by the | 72297 |
| Department of Education to county boards of mental retardation and | 72298 |
| developmental disabilities, educational service centers, and | 72299 |
| school districts for preschool special education units and | 72300 |
| preschool supervisory units under section 3317.052 of the Revised | 72301 |
| Code. The Department may reimburse county boards of mental | 72302 |
| retardation and developmental disabilities, educational service | 72303 |
| centers, and school districts for related services as defined in | 72304 |
| rule 3301-51-11 of the Administrative Code, for preschool | 72305 |
| occupational and physical therapy services provided by a physical | 72306 |
| therapy assistant and certified occupational therapy assistant, | 72307 |
| and for an instructional assistant. To the greatest extent | 72308 |
| possible, the Department of Education shall allocate these units | 72309 |
| to school districts and educational service centers. | 72310 |
| The Department of Education shall require school districts, | 72311 |
| educational service centers, and county MR/DD boards serving | 72312 |
| preschool children with disabilities to document child progress | 72313 |
| using research-based indicators prescribed by the Department and | 72314 |
| report results annually. The reporting dates and method shall be | 72315 |
| determined by the Department. | 72316 |
| Section 206.09.33. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 72317 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72318 |
| Education Enhancements, up to $2,436,070 in each fiscal year shall | 72319 |
| be used to fund career-technical education units at institutions. | 72320 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72321 |
| Education Enhancements, up to $2,621,507 in each fiscal year shall | 72322 |
| be used by the Department of Education to fund competitive grants | 72323 |
| to tech prep consortia that expand the number of students enrolled | 72324 |
| in tech prep programs. These grant funds shall be used to directly | 72325 |
| support expanded tech prep programs, including equipment, provided | 72326 |
| to students enrolled in school districts, including joint | 72327 |
| vocational school districts, and affiliated higher education | 72328 |
| institutions. | 72329 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72330 |
| Education Enhancements, $943,873 in fiscal year 2006 shall be used | 72331 |
| to provide an amount to each eligible school district for the | 72332 |
| replacement or updating of equipment essential for the instruction | 72333 |
| of students in job skills taught as part of a career-technical | 72334 |
| program or programs approved for such instruction by the State | 72335 |
| Board of Education. School districts replacing or updating | 72336 |
| career-technical education equipment may purchase or lease such | 72337 |
| equipment. The Department of Education shall review and approve | 72338 |
| all equipment requests and may allot appropriated funds to | 72339 |
| eligible school districts on the basis of the number of full-time | 72340 |
| equivalent workforce development teachers in all eligible | 72341 |
| districts making application for funds. | 72342 |
| The State Board of Education may adopt standards of need for | 72343 |
| equipment allocation. Pursuant to the adoption of any such | 72344 |
| standards of need by the State Board of Education, appropriated | 72345 |
| funds may be allotted to eligible districts according to such | 72346 |
| standards. Equipment funds allotted under either process shall be | 72347 |
| provided to a school district at 30, 40, or 50 per cent of cost on | 72348 |
| the basis of a rating developed by the Department of Education | 72349 |
| using the state share percentage as provided in division (B)(2) of | 72350 |
| section 3317.022 of the Revised Code. | 72351 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72352 |
| Education Enhancements, up to $3,431,000 in each fiscal year shall | 72353 |
| be used by the Department of Education to support existing High | 72354 |
| Schools That Work (HSTW) sites, develop and support new sites, | 72355 |
| fund technical assistance, and support regional centers and middle | 72356 |
| school programs. The purpose of HSTW is to combine challenging | 72357 |
| academic courses and modern career-technical studies to raise the | 72358 |
| academic achievement of students. HSTW provides intensive | 72359 |
| technical assistance, focused staff development, targeted | 72360 |
| assessment services, and ongoing communications and networking | 72361 |
| opportunities. | 72362 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72363 |
| Education Enhancements, up to $466,992 in each fiscal year shall | 72364 |
| be allocated for the Ohio Career Information System (OCIS) and | 72365 |
| used for the dissemination of career information data to public | 72366 |
| schools, libraries, rehabilitation centers, two- and four-year | 72367 |
| colleges and universities, and other governmental units. | 72368 |
| Of the foregoing appropriation item 200-545, Career-Technical | 72369 |
| Educational Enhancements, up to $270,000 in each fiscal year shall | 72370 |
| be used by the Department of Education to enable students in | 72371 |
| agricultural programs to enroll in a fifth quarter of instruction | 72372 |
| based on the agricultural education model of delivering work-based | 72373 |
| learning through supervised agricultural experience. The | 72374 |
| Department of Education shall determine eligibility criteria and | 72375 |
| the reporting process for the Agriculture 5th Quarter Project and | 72376 |
| shall fund as many programs as possible given the $270,000 set | 72377 |
| aside. | 72378 |
| Section 206.09.36. FOUNDATION FUNDING | 72379 |
| The foregoing appropriation item 200-550, Foundation Funding, | 72380 |
| includes $85,000,000 in each fiscal year for the state education | 72381 |
| aid offset due to the change in public utility valuation as a | 72382 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 72383 |
| General Assembly. This amount represents the total state education | 72384 |
| aid offset due to the valuation change for school districts and | 72385 |
| joint vocational school districts from all relevant appropriation | 72386 |
| line item sources. Upon certification by the Department of | 72387 |
| Education, in consultation with the Department of Taxation, to the | 72388 |
| Director of Budget and Management of the actual state aid offset, | 72389 |
| the cash transfer from fund 053, appropriation item 200-900, | 72390 |
| School District Property Tax Replacement - Utility, shall be | 72391 |
| decreased or increased by the Director of Budget and Management to | 72392 |
| match the certification in accordance with section 5727.84 of the | 72393 |
| Revised Code. | 72394 |
| Of the foregoing appropriation item 200-550, Foundation | 72395 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 72396 |
| court payments under section 2151.357 of the Revised Code; an | 72397 |
| amount shall be available in each fiscal year for the cost of | 72398 |
| reappraisal guarantee under section 3317.04 of the Revised Code; | 72399 |
| an amount shall be available in each fiscal year to fund up to 225 | 72400 |
| full-time equivalent approved GRADS teacher grants under division | 72401 |
| (R) of section 3317.024 of the Revised Code; an amount shall be | 72402 |
| available in each fiscal year to make payments to school districts | 72403 |
| under division (A)(2) of section 3317.022 of the Revised Code; an | 72404 |
| amount shall be available in each fiscal year to make payments to | 72405 |
| school districts under division (F) of section 3317.022 of the | 72406 |
| Revised Code; an amount shall be available in each fiscal year to | 72407 |
| make payments to school districts under division (C) of section | 72408 |
| 3317.0212 of the Revised Code; and up to $30,000,000 in each | 72409 |
| fiscal year shall be reserved for payments under sections | 72410 |
| 3317.026, 3317.027, and 3317.028 of the Revised Code except that | 72411 |
| the Controlling Board may increase the $30,000,000 amount if | 72412 |
| presented with such a request from the Department of Education. Of | 72413 |
| the foregoing appropriation item 200-550, Foundation Funding, up | 72414 |
| to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal | 72415 |
| year 2007 shall be used to provide additional state aid to school | 72416 |
| districts for special education students under division (C)(3) of | 72417 |
| section 3317.022 of the Revised Code; up to $2,000,000 in each | 72418 |
| fiscal year shall be reserved for Youth Services tuition payments | 72419 |
| under section 3317.024 of the Revised Code; and up to $52,000,000 | 72420 |
| in each fiscal year shall be reserved to fund the state | 72421 |
| reimbursement of educational service centers under section 3317.11 | 72422 |
| of the Revised Code and the section of this act entitled | 72423 |
| "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 72424 |
| available for special education weighted funding under division | 72425 |
| (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 72426 |
| of the Revised Code. | 72427 |
| Of the foregoing appropriation item 200-550, Foundation | 72428 |
| Funding, an amount shall be available in each fiscal year to be | 72429 |
| used by the Department of Education for transitional aid for | 72430 |
| school districts and joint vocational school districts. Funds | 72431 |
| shall be distributed under the sections of this act entitled | 72432 |
| "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 72433 |
| DISTRICTS" AND "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 72434 |
| DISTRICTS." | 72435 |
| Of the foregoing appropriation item 200-550, Foundation | 72436 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 72437 |
| Department of Education for a program to pay for educational | 72438 |
| services for youth who have been assigned by a juvenile court or | 72439 |
| other authorized agency to any of the facilities described in | 72440 |
| division (A) of the section of this act entitled "PRIVATE | 72441 |
| TREATMENT FACILITY PROJECT." | 72442 |
| Of the foregoing appropriation item 200-550, Foundation | 72443 |
| Funding, up to $3,700,000 in each fiscal year shall be used for | 72444 |
| school breakfast programs. Of this amount, up to $900,000 shall be | 72445 |
| used in each fiscal year by the Department of Education to | 72446 |
| contract with the Children's Hunger Alliance to expand access to | 72447 |
| child nutrition programs consistent with the organization's | 72448 |
| continued ability to meet specified performance measures as | 72449 |
| detailed in the contract. The remainder of the appropriation shall | 72450 |
| be used to partially reimburse school buildings within school | 72451 |
| districts that are required to have a school breakfast program | 72452 |
| under section 3313.813 of the Revised Code, at a rate decided by | 72453 |
| the Department. | 72454 |
| Of the foregoing appropriation item 200-550, Foundation | 72455 |
| Funding, up to $7,300,000 in fiscal year 2006 and up to $8,600,000 | 72456 |
| in fiscal year 2007 shall be used to operate the school choice | 72457 |
| program in the Cleveland Municipal School District under sections | 72458 |
| 3313.974 to 3313.979 of the Revised Code. | 72459 |
| Of the portion of the funds distributed to the Cleveland | 72460 |
| Municipal School District under this section, up to $11,901,887 in | 72461 |
| each fiscal year shall be used to operate the school choice | 72462 |
| program in the Cleveland Municipal School District under sections | 72463 |
| 3313.974 to 3313.979 of the Revised Code. | 72464 |
| The remaining portion of appropriation item 200-550, | 72465 |
| Foundation Funding, shall be expended for the public schools of | 72466 |
| city, local, exempted village, and joint vocational school | 72467 |
| districts, including base cost funding, special education speech | 72468 |
| service enhancement funding, career-technical education weight | 72469 |
| funding, career-technical education associated service funding, | 72470 |
| guarantee funding, teacher training and experience funding, | 72471 |
| poverty-based assistance, parity aid, charge-off supplement, and | 72472 |
| excess cost supplement under sections 3317.022, 3317.023, | 72473 |
| 3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the | 72474 |
| Revised Code. | 72475 |
| Appropriation items 200-502, Pupil Transportation, 200-521, | 72476 |
| Gifted Pupil Program, 200-540, Special Education Enhancements, and | 72477 |
| 200-550, Foundation Funding, other than specific set-asides, are | 72478 |
| collectively used in each fiscal year to pay state formula aid | 72479 |
| obligations for school districts and joint vocational school | 72480 |
| districts under Chapter 3317. of the Revised Code. The first | 72481 |
| priority of these appropriation items, with the exception of | 72482 |
| specific set-asides, is to fund state formula aid obligations | 72483 |
| under Chapter 3317. of the Revised Code. It may be necessary to | 72484 |
| reallocate funds among these appropriation items or use excess | 72485 |
| funds from other general revenue fund appropriation items in the | 72486 |
| Department of Education's budget in each fiscal year, in order to | 72487 |
| meet state formula aid obligations. If it is determined that it is | 72488 |
| necessary to transfer funds among these appropriation items or to | 72489 |
| transfer funds from other General Revenue Fund appropriations in | 72490 |
| the Department of Education's budget to meet state formula aid | 72491 |
| obligations, the Department of Education shall seek approval from | 72492 |
| the Controlling Board to transfer funds as needed. | 72493 |
| Section 206.09.37. DISTRICT SPENDING REQUIREMENTS | 72494 |
| The Department of Education shall review district spending | 72495 |
| requirements as specified in section 3317.029 of the Revised Code | 72496 |
| and shall submit a report recommending modifications by July 1, | 72497 |
| 2006. Copies of the report shall be provided to the Director of | 72498 |
| Budget and Management, the Speaker of the House of | 72499 |
| Representatives, and the President of the Senate. The | 72500 |
| recommendations shall include decreasing degrees of flexibility of | 72501 |
| spending for districts not meeting adequate progress standards as | 72502 |
| defined by the Department of Education. Recommendations shall also | 72503 |
| specifically review the definition of class size reduction in | 72504 |
| division (F)(3) of section 3317.029 of the Revised Code. The | 72505 |
| reports submitted by school districts under the section of this | 72506 |
| act entitled "INTERVENTION FUNDING" shall be used to inform these | 72507 |
| recommendations. | 72508 |
| Section 206.09.38. This section applies to fiscal year 2006 | 72509 |
| only. | 72510 |
| Notwithstanding the distribution formula outlined in section | 72511 |
| 3317.029 of the Revised Code, as that section exists prior to July | 72512 |
| 1, 2006, the Department of Education shall pay to each school | 72513 |
| district that received a Disadvantaged Pupil Impact Aid (DPIA) | 72514 |
| allocation in fiscal year 2005 an additional two per cent in DPIA | 72515 |
| funding in fiscal year 2006 over what was received in fiscal year | 72516 |
| 2005, unless the district received in fiscal year 2003 DPIA | 72517 |
| funding from the DPIA guarantee provision pursuant to division (B) | 72518 |
| of section 3317.029 of the Revised Code, as that section exists | 72519 |
| prior to July 1, 2006. For such a district, its DPIA funding in | 72520 |
| fiscal year 2006 shall equal the amount of DPIA funding the | 72521 |
| district received in fiscal year 2003. | 72522 |
| School districts shall continue to comply with all | 72523 |
| expenditure guidelines and restrictions outlined in divisions (F), | 72524 |
| (G), (I), and (K) of section 3317.029 of the Revised Code, as that | 72525 |
| section exists prior to July 1, 2006, by assuming a two per cent | 72526 |
| increase in funds for each program outlined in divisions (C), (D), | 72527 |
| and (E) of section 3317.029 of the Revised Code, as that section | 72528 |
| exists prior to July 1, 2006, and by assuming a DPIA index | 72529 |
| equivalent to the index calculated in fiscal year 2003. | 72530 |
| The Department of Education shall pay Disadvantaged Pupil | 72531 |
| Impact Aid (DPIA) in fiscal year 2006 in accordance with section | 72532 |
| 3317.029 of the Revised Code, as that section exists prior to July | 72533 |
| 1, 2006, to each school district that did not receive any DPIA | 72534 |
| allocation in fiscal year 2005 because its DPIA index in that | 72535 |
| fiscal year was less than 0.35 and it did not qualify for a DPIA | 72536 |
| guarantee payment. However, the Department shall calculate each | 72537 |
| such district's DPIA index and DPIA student count in fiscal year | 72538 |
| 2006 based solely on Ohio Works First data certified for the | 72539 |
| district by the Department of Job and Family Services. Each | 72540 |
| district receiving payment under this paragraph shall comply with | 72541 |
| all expenditure guidelines and restrictions of section 3317.029 of | 72542 |
| the Revised Code, as that section exists prior to July 1, 2006. | 72543 |
| Notwithstanding section 3314.08 of the Revised Code, the | 72544 |
| Department shall make per pupil DPIA payments to community schools | 72545 |
| in fiscal year 2006 in the same manner prescribed for fiscal year | 72546 |
| 2005 by Section 16 of Am. Sub. S.B. 2 of the 125th General | 72547 |
| Assembly, assuming a two per cent increase from the fiscal year | 72548 |
| 2005 per pupil amounts. However, the Department shall make no DPIA | 72549 |
| payment to any internet- or computer-based community school, as | 72550 |
| defined in section 3314.02 of the Revised Code. | 72551 |
| Section 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND | 72552 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS | 72553 |
| (A) The Department of Education shall distribute funds within | 72554 |
| appropriation item 200-550, Foundation Funding, for transitional | 72555 |
| aid in each fiscal year to each qualifying city, local, and | 72556 |
| exempted village school district. | 72557 |
| In fiscal years 2006 and 2007, the Department shall pay | 72558 |
| transitional aid to each city, local, or exempted village school | 72559 |
| district that experiences any decrease in its SF-3 funding plus | 72560 |
| charge-off supplement for the current fiscal year from its SF-3 | 72561 |
| funding plus charge-off supplement for the previous fiscal year. | 72562 |
| The amount of the transitional aid payment shall equal the | 72563 |
| difference between the district's SF-3 funding plus charge-off | 72564 |
| supplement for the current fiscal year and its SF-3 funding plus | 72565 |
| charge-off supplement for the previous fiscal year. | 72566 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, | 72567 |
| the "SF-3 funding plus charge-off supplement" for each city, | 72568 |
| local, and exempted village school district in fiscal years 2006 | 72569 |
| and 2007 equals the sum of the following: | 72570 |
| (a) Base-cost funding under division (A) of section 3317.022 | 72571 |
| of the Revised Code; | 72572 |
| (b) Special education and related services additional | 72573 |
| weighted funding under division (C)(1) of section 3317.022 of the | 72574 |
| Revised Code; | 72575 |
| (c) Speech services funding under division (C)(4) of section | 72576 |
| 3317.022 of the Revised Code; | 72577 |
| (d) Vocational education additional weighted funding under | 72578 |
| division (E) of section 3317.022 of the Revised Code; | 72579 |
| (e) GRADS funding under division (R) of section 3317.024 of | 72580 |
| the Revised Code; | 72581 |
| (f) Adjustments for classroom teachers and educational | 72582 |
| service personnel under divisions (B), (C), and (D) of section | 72583 |
| 3317.023 of the Revised Code; | 72584 |
| (g) Poverty-Based Assistance under section 3317.029 of the | 72585 |
| Revised Code; | 72586 |
| (h) Gifted education units under section 3317.05 of the | 72587 |
| Revised Code; | 72588 |
| (i) Transportation under the section of this act entitled | 72589 |
| "PUPIL TRANSPORTATION"; | 72590 |
| (j) The state aid guarantee under section 3317.0212 of the | 72591 |
| Revised Code; | 72592 |
| (k) The excess cost supplement under division (F) of section | 72593 |
| 3317.022 of the Revised Code; | 72594 |
| (l) Parity aid under section 3317.0217 of the Revised Code; | 72595 |
| (m) The reappraisal guarantee under division (C) of section | 72596 |
| 3317.04 of the Revised Code; | 72597 |
| (n) The charge-off supplement under section 3317.0216 of the | 72598 |
| Revised Code. | 72599 |
| (2) For purposes of calculating transitional aid in fiscal | 72600 |
| year 2006, a district's fiscal year 2005 SF-3 funding plus | 72601 |
| charge-off supplement is the sum of the amounts described in | 72602 |
| divisions (A) to (O) of Section 41.37 of Am. Sub. H.B. 95 of the | 72603 |
| 125th General Assembly, as amended, plus any transitional aid paid | 72604 |
| to the district under that section, that the district actually | 72605 |
| received in fiscal year 2005. For purposes of calculating | 72606 |
| transitional aid in fiscal year 2007, a district's fiscal year | 72607 |
| 2006 SF-3 funding plus charge-off supplement is the sum of the | 72608 |
| amounts described in divisions (B)(1)(a) to (n) of this section, | 72609 |
| plus any transitional aid paid to the district under this section, | 72610 |
| that the district actually received in fiscal year 2006. | 72611 |
| (3) The SF-3 funding plus charge-off supplement in each | 72612 |
| fiscal year for each district is the sum of the amounts specified | 72613 |
| in divisions (B)(1)(a) to (n) and (B)(2) of this section less any | 72614 |
| general revenue fund spending reductions ordered by the Governor | 72615 |
| under section 126.05 of the Revised Code. | 72616 |
| (C)(1) When calculating the reappraisal guarantee under | 72617 |
| division (C) or (D) of section 3317.04 of the Revised Code in | 72618 |
| fiscal year 2006, the Department shall include in a school | 72619 |
| district's fiscal year 2005 payments any transitional aid paid to | 72620 |
| the district in fiscal year 2005 under Section 41.37 of Am. Sub. | 72621 |
| H.B. 95 of the 125th General Assembly, as amended. | 72622 |
| (2) When calculating the reappraisal guarantee under division | 72623 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 72624 |
| 2007, the Department shall include in a school district's fiscal | 72625 |
| year 2006 payments any transitional aid paid to the district in | 72626 |
| fiscal year 2006 under this section. | 72627 |
| (3) When calculating the reappraisal guarantee under division | 72628 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 72629 |
| 2008, the Department shall include in a school district's fiscal | 72630 |
| year 2007 payments any transitional aid paid to the district in | 72631 |
| fiscal year 2007 under this section. | 72632 |
| Section 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL | 72633 |
| SCHOOL DISTRICTS | 72634 |
| (A) The Department of Education shall distribute funds within | 72635 |
| appropriation item 200-550, Foundation Funding, for transitional | 72636 |
| aid in fiscal year 2007 to each joint vocational school district | 72637 |
| that experiences a decrease in its joint vocational funding for | 72638 |
| fiscal year 2007 exceeding 5% of its joint vocational funding for | 72639 |
| fiscal year 2006. The Department shall distribute to each such | 72640 |
| district transitional aid in an amount to reduce the decrease to | 72641 |
| 5% of the district's joint vocational funding for fiscal year | 72642 |
| 2006. | 72643 |
| The Department shall make no payments under this section in | 72644 |
| fiscal year 2006. | 72645 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 72646 |
| district's joint vocational funding equals the sum of the | 72647 |
| following: | 72648 |
| (a) Base-cost funding under division (B) of section 3317.16 | 72649 |
| of the Revised Code; | 72650 |
| (b) Special education and related services additional | 72651 |
| weighted funding under division (D)(1) of section 3317.16 of the | 72652 |
| Revised Code; | 72653 |
| (c) Speech services funding under division (D)(2) of section | 72654 |
| 3317.16 of the Revised Code; | 72655 |
| (d) Vocational education additional weighted funding under | 72656 |
| division (C) of section 3317.16 of the Revised Code; | 72657 |
| (e) GRADS funding under division (R) of section 3317.024 of | 72658 |
| the Revised Code; | 72659 |
| (f) The state aid guarantee under division (H) of section | 72660 |
| 3317.16 of the Revised Code. | 72661 |
| (2) For purposes of calculating transitional aid in fiscal | 72662 |
| year 2007, a district's fiscal year 2006 joint vocational funding | 72663 |
| is the sum of the amounts described in divisions (B)(1)(a) to (f) | 72664 |
| of this section, plus any transitional aid paid to the district | 72665 |
| under this section, that the district actually received in fiscal | 72666 |
| year 2006. | 72667 |
| (3) The joint vocational funding in each fiscal year for each | 72668 |
| district is the sum of the amounts specified in divisions | 72669 |
| (B)(1)(a) to (f) and (B)(2) of this section less any general | 72670 |
| revenue fund spending reductions ordered by the Governor under | 72671 |
| section 126.05 of the Revised Code. | 72672 |
| EMERGENCY LOAN INTEREST SUBSIDY | 72673 |
| The foregoing appropriation item 200-558, Emergency Loan | 72674 |
| Interest Subsidy, shall be used to provide a subsidy to school | 72675 |
| districts receiving emergency school loans pursuant to section | 72676 |
| 3313.484 of the Revised Code. The subsidy shall be used to pay | 72677 |
| these districts the difference between the amount of interest the | 72678 |
| district is paying on an emergency loan, and the interest that the | 72679 |
| district would have paid if the interest rate on the loan had been | 72680 |
| two per cent. | 72681 |
| Section 206.09.45. READING/WRITING IMPROVEMENT-CLASSROOM | 72682 |
| GRANTS | 72683 |
| The foregoing appropriation item 200-566, Reading/Writing | 72684 |
| Improvement-Classroom Grants, shall be disbursed by the Department | 72685 |
| of Education to provide reading improvement grants to public | 72686 |
| schools in city, local, and exempted village school districts; | 72687 |
| community schools; and educational service centers serving | 72688 |
| kindergarten through twelfth grade students to help struggling | 72689 |
| students improve their reading skills, improve reading outcomes in | 72690 |
| low-performing schools, and help close achievement gaps. | 72691 |
| SAFE AND SUPPORTIVE SCHOOLS | 72692 |
| Of the foregoing appropriation item 200-578, Safe and | 72693 |
| Supportive Schools, up to $224,250 in each fiscal year shall be | 72694 |
| used to fund a safe school center to provide resources for parents | 72695 |
| and for school and law enforcement personnel. | 72696 |
| The remainder of the appropriation shall be distributed based | 72697 |
| on guidelines developed by the Department of Education to enhance | 72698 |
| school safety. The guidelines shall provide a list of | 72699 |
| research-based best practices and programs from which local | 72700 |
| grantees shall select based on local needs. These practices shall | 72701 |
| include, but not be limited to, school resource officers and safe | 72702 |
| and drug free school coordinators and social-emotional development | 72703 |
| programs. | 72704 |
| Section 206.09.48. PROPERTY TAX ALLOCATION - EDUCATION | 72705 |
| The Superintendent of Public Instruction shall not request, | 72706 |
| and the Controlling Board shall not approve, the transfer of funds | 72707 |
| from appropriation item 200-901, Property Tax Allocation - | 72708 |
| Education, to any other appropriation item. | 72709 |
| The appropriation item 200-901, Property Tax Allocation - | 72710 |
| Education, is appropriated to pay for the state's costs incurred | 72711 |
| because of the homestead exemption and the property tax rollback. | 72712 |
| In cooperation with the Department of Taxation, the Department of | 72713 |
| Education shall distribute these funds directly to the appropriate | 72714 |
| school districts of the state, notwithstanding sections 321.24 and | 72715 |
| 323.156 of the Revised Code, which provide for payment of the | 72716 |
| homestead exemption and property tax rollback by the Tax | 72717 |
| Commissioner to the appropriate county treasurer and the | 72718 |
| subsequent redistribution of these funds to the appropriate local | 72719 |
| taxing districts by the county auditor. | 72720 |
| Appropriation item 200-906, Tangible Tax Exemption - | 72721 |
| Education, is appropriated to pay for the state's costs incurred | 72722 |
| because of the tangible personal property tax exemption required | 72723 |
| by division (C)(3) of section 5709.01 of the Revised Code. In | 72724 |
| cooperation with the Department of Taxation, the Department of | 72725 |
| Education shall distribute to each county treasurer the total | 72726 |
| amount appearing in the notification from the county treasurer | 72727 |
| under division (G) of section 321.24 of the Revised Code, for all | 72728 |
| school districts located in the county, notwithstanding section | 72729 |
| 321.24 of the Revised Code insofar as it provides for payment of | 72730 |
| the $10,000 tangible personal property tax exemption by the Tax | 72731 |
| Commissioner to the appropriate county treasurer for all local | 72732 |
| taxing districts located in the county. Pursuant to division (G) | 72733 |
| of section 321.24 of the Revised Code, the county auditor shall | 72734 |
| distribute the amount paid by the Department of Education among | 72735 |
| the appropriate school districts. | 72736 |
| Upon receipt of these amounts, each school district shall | 72737 |
| distribute the amount among the proper funds as if it had been | 72738 |
| paid as real or tangible personal property taxes. Payments for the | 72739 |
| costs of administration shall continue to be paid to the county | 72740 |
| treasurer and county auditor as provided for in sections 319.54, | 72741 |
| 321.26, and 323.156 of the Revised Code. | 72742 |
| Any sums, in addition to the amounts specifically | 72743 |
| appropriated in appropriation items 200-901, Property Tax | 72744 |
| Allocation - Education, for the homestead exemption and the | 72745 |
| property tax rollback payments, and 200-906, Tangible Tax | 72746 |
| Exemption - Education, for the $10,000 tangible personal property | 72747 |
| tax exemption payments, which are determined to be necessary for | 72748 |
| these purposes, are hereby appropriated. | 72749 |
| Section 206.09.51. TEACHER CERTIFICATION AND LICENSURE | 72750 |
| The foregoing appropriation item 200-681, Teacher | 72751 |
| Certification and Licensure, shall be used by the Department of | 72752 |
| Education in each year of the biennium to administer and support | 72753 |
| teacher certification and licensure activities. | 72754 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 72755 |
| Of the foregoing appropriation item 200-687, School District | 72756 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 72757 |
| allocated to the School District Shared Resource Account and | 72758 |
| $9,000,000 in each fiscal year shall be allocated to the | 72759 |
| Catastrophic Expenditures Account. These funds shall be used to | 72760 |
| provide assistance and grants to school districts to enable them | 72761 |
| to remain solvent under section 3316.20 of the Revised Code. | 72762 |
| Assistance and grants shall be subject to approval by the | 72763 |
| Controlling Board. Any required reimbursements from school | 72764 |
| districts for solvency assistance shall be made to the appropriate | 72765 |
| account in the School District Solvency Assistance Fund (Fund | 72766 |
| 5H3). | 72767 |
| Notwithstanding any provision of law to the contrary, upon | 72768 |
| the request of the Superintendent of Public Instruction, the | 72769 |
| Director of Budget and Management may make transfers to the School | 72770 |
| District Solvency Assistance Fund (Fund 5H3) from any Department | 72771 |
| of Education-administered fund or the General Revenue Fund to | 72772 |
| maintain sufficient cash balances in the School District Solvency | 72773 |
| Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007. Any | 72774 |
| funds transferred are hereby appropriated. The transferred funds | 72775 |
| may be used by the Department of Education to provide assistance | 72776 |
| and grants to school districts to enable them to remain solvent | 72777 |
| and to pay unforeseeable expenses of a temporary or emergency | 72778 |
| nature that the school district is unable to pay from existing | 72779 |
| resources. The Director of Budget and Management shall notify the | 72780 |
| members of the Controlling Board of any such transfers. | 72781 |
| READING FIRST | 72782 |
| The foregoing appropriation item 200-632, Reading First, | 72783 |
| shall be used by school districts to administer federal diagnostic | 72784 |
| tests as well as other functions permitted by federal statute. | 72785 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 72786 |
| diagnostic tests may be recognized as meeting the state diagnostic | 72787 |
| testing requirements outlined in section 3301.079 of the Revised | 72788 |
| Code. | 72789 |
| HALF-MILL MAINTENANCE EQUALIZATION | 72790 |
| The foregoing appropriation item 200-626, Half-Mill | 72791 |
| Maintenance Equalization, shall be used in fiscal year 2007 to | 72792 |
| make payments pursuant to section 3318.111 of the Revised Code. | 72793 |
| Section 206.09.54. EARLY LEARNING INITIATIVE | 72794 |
| (A) As used in this section: | 72795 |
| (1) "Title IV-A services" means benefits and services that | 72796 |
| are allowable under Title IV-A of the "Social Security Act," as | 72797 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 72798 |
| benefits and services included in the term "assistance" as defined | 72799 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 72800 |
| excluded from the definition of the term "assistance" under 45 | 72801 |
| C.F.R. 260.31(b). | 72802 |
| (2) "Title IV-A funds" means funds provided under the | 72803 |
| temporary assistance for needy families block grant established by | 72804 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 72805 |
| U.S.C. 601, as amended. | 72806 |
| (3) "Child care" has the same meaning as in section 5104.01 | 72807 |
| of the Revised Code. | 72808 |
| (4) "Eligible child" means a child eligible for Title IV-A | 72809 |
| services whose family income does not exceed one hundred | 72810 |
| eighty-five per cent of the federal poverty line. | 72811 |
| (5) "Early learning program" means a program for eligible | 72812 |
| children that is funded with Title IV-A funds and provides Title | 72813 |
| IV-A services that are both of the following: | 72814 |
| (a) Early learning services, as defined by the Department of | 72815 |
| Education pursuant to division (C)(1) of this section; | 72816 |
| (b) Child care. | 72817 |
| (6) "Early learning provider" means an entity that is | 72818 |
| receiving Title IV-A funds to operate an early learning program. | 72819 |
| (7) "Early learning agency" means an early learning provider | 72820 |
| or an entity that has entered into an agreement with an early | 72821 |
| learning provider requiring the early learning provider to operate | 72822 |
| an early learning program on behalf of the entity. | 72823 |
| (8) "Federal poverty line" has the same meaning as in section | 72824 |
| 5104.01 of the Revised Code. | 72825 |
| (B) The Early Learning Initiative is hereby established. The | 72826 |
| Initiative shall be administered by the Department of Education | 72827 |
| and the Department of Job and Family Services in accordance with | 72828 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 72829 |
| shall provide early learning programs and child care to eligible | 72830 |
| children. | 72831 |
| (C) The Department of Education shall do all of the | 72832 |
| following: | 72833 |
| (1) Define the early learning services that will be provided | 72834 |
| to eligible children through the Early Learning Initiative; | 72835 |
| (2) In consultation with the Department of Job and Family | 72836 |
| Services, develop an application form and criteria for the | 72837 |
| selection of early learning agencies. The criteria shall require | 72838 |
| an early learning agency, or each early learning provider with | 72839 |
| which the agency has entered into an agreement for the operation | 72840 |
| of an early learning program on the agency's behalf, to be | 72841 |
| licensed or certified by the Department of Education under | 72842 |
| sections 3301.52 to 3301.59 of the Revised Code or by the | 72843 |
| Department of Job and Family Services under Chapter 5104. of the | 72844 |
| Revised Code. | 72845 |
| (3) Establish early learning program guidelines for school | 72846 |
| readiness to assess the operation of early learning programs. The | 72847 |
| standards shall incorporate academic performance data of | 72848 |
| participating children to evaluate their preparedness for | 72849 |
| kindergarten upon completion of an early learning program. | 72850 |
| (D) Any entity that seeks to be an early learning agency | 72851 |
| shall apply to the Department of Education by a deadline | 72852 |
| established by the Department. The Department of Education shall | 72853 |
| select entities that meet the criteria established under division | 72854 |
| (C)(2) of this section to be early learning agencies. Upon | 72855 |
| selection of an entity to be an early learning agency, the | 72856 |
| Department of Education shall designate the number of eligible | 72857 |
| children the agency will serve. The Department of Education shall | 72858 |
| notify the Office of Budget and Management and the Department of | 72859 |
| Job and Family Services of the number so designated. | 72860 |
| (E) The Department of Education and the Department of Job and | 72861 |
| Family Services shall enter into a contract with each early | 72862 |
| learning agency selected under division (D) of this section. The | 72863 |
| contract shall outline the terms and conditions applicable to the | 72864 |
| provision of Title IV-A services for eligible children and shall | 72865 |
| include at least the following: | 72866 |
| (1) The respective duties of the early learning agency, the | 72867 |
| Department of Education, and the Department of Job and Family | 72868 |
| Services; | 72869 |
| (2) Requirements applicable to the allowable use of and | 72870 |
| accountability for Title IV-A funds; | 72871 |
| (3) A requirement that the amount used by the early learning | 72872 |
| agency for development and administrative costs shall not exceed | 72873 |
| fifteen per cent of the total approved costs for the early | 72874 |
| learning program; | 72875 |
| (4) Reporting requirements; | 72876 |
| (5) The reimbursement methodology, including a requirement | 72877 |
| that reimbursement shall be based upon the weekly attendance rate | 72878 |
| of each eligible child; | 72879 |
| (6) Audit requirements; | 72880 |
| (7) Provisions for suspending, modifying, or terminating the | 72881 |
| contract; | 72882 |
| (8) A requirement that a child enrolled in a Head Start Plus | 72883 |
| program during fiscal year 2005 be given higher priority if the | 72884 |
| child is an eligible child and enrolls in an early learning | 72885 |
| program. | 72886 |
| The requirements of section 127.16 of the Revised Code do not | 72887 |
| apply to contracts entered into under this section. | 72888 |
| (F) If an early learning agency, or an early learning | 72889 |
| provider operating an early learning program on the agency's | 72890 |
| behalf, substantially fails to meet the early learning program | 72891 |
| guidelines for school readiness or exhibits below average | 72892 |
| performance, as determined by the Department of Education, the | 72893 |
| agency shall develop and implement a corrective action plan. The | 72894 |
| Department of Education shall approve the corrective action plan | 72895 |
| prior to implementation. | 72896 |
| (G) If an early learning agency fails to implement a | 72897 |
| corrective action plan under division (F) of this section, the | 72898 |
| Department of Education may direct the Department of Job and | 72899 |
| Family Services to withhold funding from the agency or either the | 72900 |
| Department of Education or the Department of Job and Family | 72901 |
| Services may suspend or terminate the contract with the agency. | 72902 |
| (H) Of the foregoing appropriation item 200-663, Early | 72903 |
| Learning Initiative, up to $2,200,000 in each fiscal year may be | 72904 |
| used by the Department of Education to perform administrative | 72905 |
| functions for the Early Learning Initiative. The Director of | 72906 |
| Budget and Management may transfer appropriation, as needed, from | 72907 |
| the Department of Education, appropriation item 200-663, Early | 72908 |
| Learning Initiative in Fund 5W2, to the Department of Job and | 72909 |
| Family Services, appropriation item 600-689, TANF Block Grant in | 72910 |
| Fund 3V6, for the successful operation of the Early Learning | 72911 |
| Initiative. This transfer shall take place not less than fifteen | 72912 |
| days after the Department of Education has provided the Office of | 72913 |
| Budget and Management and the Department of Job and Family | 72914 |
| Services its determination as to the number of children to be | 72915 |
| served by each early learning agency under division (D) of this | 72916 |
| section. The appropriation transferred is hereby authorized. | 72917 |
| Section 206.09.55. AUXILIARY SERVICES REIMBURSEMENT | 72918 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 72919 |
| unobligated cash balance is sufficient, the Treasurer of State | 72920 |
| shall transfer $1,500,000 in fiscal year 2006 within thirty days | 72921 |
| after the effective date of this section, and $1,500,000 in fiscal | 72922 |
| year 2007 by August 1, 2006, from the Auxiliary Services Personnel | 72923 |
| Unemployment Compensation Fund to the Department of Education's | 72924 |
| Auxiliary Services Reimbursement Fund (Fund 598). | 72925 |
| Section 206.09.57. LOTTERY PROFITS EDUCATION FUND | 72926 |
| Appropriation item 200-612, Foundation Funding (Fund 017), | 72927 |
| shall be used in conjunction with appropriation item 200-550, | 72928 |
| Foundation Funding (GRF), to provide payments to school districts | 72929 |
| under Chapter 3317. of the Revised Code. | 72930 |
| The Department of Education, with the approval of the | 72931 |
| Director of Budget and Management, shall determine the monthly | 72932 |
| distribution schedules of appropriation item 200-550, Foundation | 72933 |
| Funding (GRF), and appropriation item 200-612, Foundation Funding | 72934 |
| (Fund 017). If adjustments to the monthly distribution schedule | 72935 |
| are necessary, the Department of Education shall make such | 72936 |
| adjustments with the approval of the Director of Budget and | 72937 |
| Management. | 72938 |
| The Director of Budget and Management shall transfer via | 72939 |
| intrastate transfer voucher the amount appropriated under the | 72940 |
| Lottery Profits Education Fund for appropriation item 200-682, | 72941 |
| Lease Rental Payment Reimbursement, to the General Revenue Fund on | 72942 |
| a schedule determined by the director. These funds shall support | 72943 |
| the appropriation item 230-428, Lease Rental Payments (GRF), of | 72944 |
| the School Facilities Commission. | 72945 |
| Section 206.09.60. LOTTERY PROFITS EDUCATION RESERVE FUND | 72946 |
| (A) There is hereby created the Lottery Profits Education | 72947 |
| Reserve Fund (Fund 018) in the State Treasury. Investment earnings | 72948 |
| of the Lottery Profits Education Reserve Fund shall be credited to | 72949 |
| the fund. The Superintendent of Public Instruction may certify | 72950 |
| cash balances exceeding $75,000,000 in the Lottery Profits | 72951 |
| Education Reserve Fund (Fund 018) to the Director of Budget and | 72952 |
| Management in June of any given fiscal year. Prior to making the | 72953 |
| certification, the Superintendent of Public Instruction shall | 72954 |
| determine whether the funds above the $75,000,000 threshold are | 72955 |
| needed to help pay for foundation program obligations for that | 72956 |
| fiscal year under Chapter 3317. of the Revised Code. If those | 72957 |
| funds are needed for the foundation program, the Superintendent of | 72958 |
| Public Instruction shall notify and consult with the Director of | 72959 |
| Budget and Management to determine the amount that may be | 72960 |
| transferred to the Public School Building Fund (Fund 021). Upon | 72961 |
| this determination, the Director of Budget and Management shall | 72962 |
| transfer the amount from the Lottery Profits Education Reserve | 72963 |
| Fund (Fund 018) to the Public School Building Fund (Fund 021). The | 72964 |
| amount transferred is hereby appropriated to appropriation item | 72965 |
| CAP-622, Public School Buildings. | 72966 |
| For fiscal years 2006 and 2007, notwithstanding any | 72967 |
| provisions of law to the contrary, amounts necessary to make loans | 72968 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 72969 |
| Revised Code are hereby appropriated to the Lottery Profits | 72970 |
| Education Reserve Fund (Fund 018). Loan repayments from loans made | 72971 |
| in previous years shall be deposited to the fund. | 72972 |
| (B) On July 15, 2005, or as soon as possible thereafter, the | 72973 |
| Director of the Ohio Lottery Commission shall certify to the | 72974 |
| Director of Budget and Management the amount by which lottery | 72975 |
| profit transfers received by the Lottery Profits Education Fund | 72976 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2005. The Director | 72977 |
| of Budget and Management shall transfer the amount so certified, | 72978 |
| plus the cash balance in Fund 017, to the Lottery Profits | 72979 |
| Education Reserve Fund (Fund 018). | 72980 |
| (C) On July 15, 2006, or as soon as possible thereafter, the | 72981 |
| Director of the Ohio Lottery Commission shall certify to the | 72982 |
| Director of Budget and Management the amount by which lottery | 72983 |
| profit transfers received by the Lottery Profits Education Fund | 72984 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2006. The Director | 72985 |
| of Budget and Management shall transfer the amount so certified, | 72986 |
| plus the cash balance in Fund 017, to the Lottery profits | 72987 |
| Education Reserve Fund (Fund 018). | 72988 |
| (D) Any amounts transferred under division (B) or (C) of this | 72989 |
| section may be made available by the Controlling Board in fiscal | 72990 |
| years 2006 or 2007, at the request of the Superintendent of Public | 72991 |
| Instruction, to provide assistance and grants to school districts | 72992 |
| to enable them to remain solvent and to pay unforeseeable expenses | 72993 |
| of a temporary or emergency nature that they are unable to pay | 72994 |
| from existing resources under section 3316.20 of the Revised Code, | 72995 |
| and to provide payments to school districts under Chapter 3317. of | 72996 |
| the Revised Code. | 72997 |
| Section 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 72998 |
| DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047) | 72999 |
| Notwithstanding any provision of law to the contrary, the | 73000 |
| Director of Budget and Management shall transfer $10,010,000 in | 73001 |
| fiscal year 2006 and $70,210,000 in fiscal year 2007 from the | 73002 |
| General Revenue Fund to appropriation item 200-900, School | 73003 |
| District Property Tax Replacement – Business (Fund 047) in the | 73004 |
| Department of Education. The funds shall be used to reimburse | 73005 |
| school districts and joint vocational districts under section | 73006 |
| 5751.21 of the Revised Code. | 73007 |
| Section 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 73008 |
| BUSINESS | 73009 |
| The foregoing appropriation item, 200-900, School District | 73010 |
| Property Tax Replacement – Business, in Fund 047, shall be used by | 73011 |
| the Department of Education, in consultation with the Department | 73012 |
| of Taxation, to make payments to school districts and joint | 73013 |
| vocational school districts under section 5751.21 of the Revised | 73014 |
| Code. | 73015 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 73016 |
| The foregoing appropriation item 200-900, School District | 73017 |
| Property Tax Replacement-Utility, in Fund 053, shall be used by | 73018 |
| the Department of Education, in consultation with the Department | 73019 |
| of Taxation, to make payments to school districts and joint | 73020 |
| vocational school districts under section 5727.85 of the Revised | 73021 |
| Code. | 73022 |
| * Section 206.09.66. DISTRIBUTION FORMULAS | 73023 |
| The Department of Education shall report the following to the | 73024 |
| Director of Budget and Management, the Legislative Office of | 73025 |
| Education Oversight, and the Legislative Service Commission: | 73026 |
| (A) Changes in formulas for distributing state | 73027 |
| appropriations, including administratively defined formula | 73028 |
| factors; | 73029 |
| (B) Discretionary changes in formulas for distributing | 73030 |
| federal appropriations; | 73031 |
| (C) Federally mandated changes in formulas for distributing | 73032 |
| federal appropriations. | 73033 |
| Any such changes shall be reported two weeks prior to the | 73034 |
| effective date of the change. | 73035 |
| Section 206.09.69. EDUCATIONAL SERVICE CENTERS FUNDING | 73036 |
| (A) As used in this section: | 73037 |
| (1) "Internet- or computer-based community school" has the | 73038 |
| same meaning as in section 3314.02 of the Revised Code. | 73039 |
| (2) "Service center ADM" has the same meaning as in section | 73040 |
| 3317.11 of the Revised Code. | 73041 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 73042 |
| Revised Code, no funds shall be provided under that division to an | 73043 |
| educational service center in either fiscal year for any pupils of | 73044 |
| a city or exempted village school district unless an agreement to | 73045 |
| provide services under section 3313.843 of the Revised Code was | 73046 |
| entered into by January 1, 1997, except that funds shall be | 73047 |
| provided to an educational service center for any pupils of a city | 73048 |
| school district if the agreement to provide services was entered | 73049 |
| into within one year of the date upon which such district changed | 73050 |
| from a local school district to a city school district. | 73051 |
| (C) Notwithstanding any provision of the Revised Code to the | 73052 |
| contrary, an educational service center that sponsors a community | 73053 |
| school under Chapter 3314. of the Revised Code in either fiscal | 73054 |
| year may include the students of that community school in its | 73055 |
| service center ADM for purposes of state funding under division | 73056 |
| (F) of section 3317.11 of the Revised Code, unless the community | 73057 |
| school is an Internet- or computer-based community school. A | 73058 |
| service center shall include the community school students in its | 73059 |
| service center ADM only to the extent that the students are not | 73060 |
| already so included, and only in accordance with guidelines issued | 73061 |
| by the Department of Education. If the students of a community | 73062 |
| school sponsored by an educational service center are included in | 73063 |
| the service center ADM of another educational service center, | 73064 |
| those students shall be removed from the service center ADM of the | 73065 |
| other educational service center and added to the service center | 73066 |
| ADM of the community school's sponsoring service center. The | 73067 |
| General Assembly authorizes this procedure as an incentive for | 73068 |
| educational service centers to take over sponsorship of community | 73069 |
| schools from the State Board of Education as the State Board's | 73070 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 73071 |
| 124th General Assembly. No student of an Internet- or | 73072 |
| computer-based community school shall be counted in the service | 73073 |
| center ADM of any educational service center. The Department shall | 73074 |
| pay educational service centers under division (F) of section | 73075 |
| 3317.11 of the Revised Code for community school students included | 73076 |
| in their service center ADMs under this division only if | 73077 |
| sufficient funds earmarked within appropriation item 200-550, | 73078 |
| Foundation Funding, for payments under that division remain after | 73079 |
| first paying for students attributable to their local and client | 73080 |
| school districts, in accordance with divisions (B) and (D) of this | 73081 |
| section. | 73082 |
| (D) If insufficient funds are earmarked within appropriation | 73083 |
| item 200-550, Foundation Funding, for payments under division (F) | 73084 |
| of section 3317.11 of the Revised Code and division (C) of this | 73085 |
| section in fiscal year 2006 or fiscal year 2007, the Department | 73086 |
| shall prioritize the distribution of the earmarked funds as | 73087 |
| follows: | 73088 |
| (1) The Department shall first distribute to each educational | 73089 |
| service center the per-student amount specified in division (F) of | 73090 |
| section 3317.11 of the Revised Code for each student in its | 73091 |
| service center ADM attributable to the local school districts | 73092 |
| within the service center's territory. | 73093 |
| (2) The Department shall distribute the remaining funds in | 73094 |
| each fiscal year to each educational service center for the | 73095 |
| students in its service center ADM attributable to each city and | 73096 |
| exempted village school district that had entered into an | 73097 |
| agreement with an educational service center for that fiscal year | 73098 |
| under section 3313.843 of the Revised Code by January 1, 1997, up | 73099 |
| to the per-student amount specified in division (F) of section | 73100 |
| 3317.11 of the Revised Code. If insufficient funds remain to pay | 73101 |
| each service center the full amount specified in division (F) of | 73102 |
| that section for each such student, the Department shall | 73103 |
| distribute the remaining funds to each service center | 73104 |
| proportionally, on a per-student basis for each such student, | 73105 |
| unless that proportional per-student amount exceeds the amount | 73106 |
| specified in division (F)(1) of that section. In that case, the | 73107 |
| Department shall distribute the per-student amount specified in | 73108 |
| division (F)(1) of that section to each service center for each | 73109 |
| such student and shall distribute the remainder proportionally, on | 73110 |
| a per-student basis for each such student, to the multi-county | 73111 |
| service centers described in division (F)(2) of that section. | 73112 |
| (3) If the Department has paid each service center under | 73113 |
| divisions (D)(1) and (2) of this section, the full amount | 73114 |
| specified in division (F) of section 3317.11 of the Revised Code | 73115 |
| for each student attributable to its local school districts and | 73116 |
| its client school districts described in division (D)(2) of this | 73117 |
| section the Department shall distribute any remaining funds | 73118 |
| proportionally, on a per-student basis, to each service center | 73119 |
| that sponsors a community school, other than an Internet- or | 73120 |
| computer-based community school, for the students included in the | 73121 |
| service center ADM under division (C) of this section. These | 73122 |
| payments shall not exceed per student the amount specified in | 73123 |
| division (F) of section 3317.11 of the Revised Code. | 73124 |
| * Section 206.09.72. For the school year commencing July 1, | 73125 |
| 2005, or the school year commencing July 1, 2006, or both, the | 73126 |
| Superintendent of Public Instruction may waive for the board of | 73127 |
| education of any school district the ratio of teachers to pupils | 73128 |
| in kindergarten through fourth grade required under paragraph | 73129 |
| (A)(3) of rule 3301-35-05 of the Administrative Code if the | 73130 |
| following conditions apply: | 73131 |
| (A) The board of education requests the waiver. | 73132 |
| (B) After the Department of Education conducts an on-site | 73133 |
| evaluation of the district related to meeting the required ratio, | 73134 |
| the board of education demonstrates to the satisfaction of the | 73135 |
| Superintendent of Public Instruction that providing the facilities | 73136 |
| necessary to meet the required ratio during the district's regular | 73137 |
| school hours with pupils in attendance would impose an extreme | 73138 |
| hardship on the district. | 73139 |
| (C) The board of education provides assurances that are | 73140 |
| satisfactory to the Superintendent of Public Instruction that the | 73141 |
| board will act in good faith to meet the required ratio as soon as | 73142 |
| possible. | 73143 |
| Section 206.09.75. PRIVATE TREATMENT FACILITY PROJECT | 73144 |
| (A) As used in this section: | 73145 |
| (1) The following are "participating residential treatment | 73146 |
| centers": | 73147 |
| (a) Private residential treatment facilities that have | 73148 |
| entered into a contract with the Department of Youth Services to | 73149 |
| provide services to children placed at the facility by the | 73150 |
| Department and which, in fiscal year 2006 or fiscal year 2007 or | 73151 |
| both, the Department pays through appropriation item 470-401, Care | 73152 |
| and Custody; | 73153 |
| (b) Abraxas, in Shelby; | 73154 |
| (c) Paint Creek, in Bainbridge; | 73155 |
| (d) Act One, in Akron; | 73156 |
| (e) Friars Club, in Cincinnati. | 73157 |
| (2) "Education program" means an elementary or secondary | 73158 |
| education program or a special education program and related | 73159 |
| services. | 73160 |
| (3) "Served child" means any child receiving an education | 73161 |
| program pursuant to division (B) of this section. | 73162 |
| (4) "School district responsible for tuition" means a city, | 73163 |
| exempted village, or local school district that, if tuition | 73164 |
| payment for a child by a school district is required under law | 73165 |
| that existed in fiscal year 1998, is the school district required | 73166 |
| to pay that tuition. | 73167 |
| (5) "Residential child" means a child who resides in a | 73168 |
| participating residential treatment center and who is receiving an | 73169 |
| educational program under division (B) of this section. | 73170 |
| (B) A youth who is a resident of the state and has been | 73171 |
| assigned by a juvenile court or other authorized agency to a | 73172 |
| residential treatment facility specified in division (A) of this | 73173 |
| section shall be enrolled in an approved educational program | 73174 |
| located in or near the facility. Approval of the educational | 73175 |
| program shall be contingent upon compliance with the criteria | 73176 |
| established for such programs by the Department of Education. The | 73177 |
| educational program shall be provided by a school district or | 73178 |
| educational service center, or by the residential facility itself. | 73179 |
| Maximum flexibility shall be given to the residential treatment | 73180 |
| facility to determine the provider. In the event that a voluntary | 73181 |
| agreement cannot be reached and the residential facility does not | 73182 |
| choose to provide the educational program, the educational service | 73183 |
| center in the county in which the facility is located shall | 73184 |
| provide the educational program at the treatment center to | 73185 |
| children under twenty-two years of age residing in the treatment | 73186 |
| center. | 73187 |
| (C) Any school district responsible for tuition for a | 73188 |
| residential child shall, notwithstanding any conflicting provision | 73189 |
| of the Revised Code regarding tuition payment, pay tuition for the | 73190 |
| child for fiscal year 2006 and fiscal year 2007 to the education | 73191 |
| program provider and in the amount specified in this division. If | 73192 |
| there is no school district responsible for tuition for a | 73193 |
| residential child and if the participating residential treatment | 73194 |
| center to which the child is assigned is located in the city, | 73195 |
| exempted village, or local school district that, if the child were | 73196 |
| not a resident of that treatment center, would be the school | 73197 |
| district where the child is entitled to attend school under | 73198 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 73199 |
| district, notwithstanding any conflicting provision of the Revised | 73200 |
| Code, shall pay tuition for the child for fiscal year 2006 and | 73201 |
| fiscal year 2007 under this division unless that school district | 73202 |
| is providing the educational program to the child under division | 73203 |
| (B) of this section. | 73204 |
| A tuition payment under this division shall be made to the | 73205 |
| school district, educational service center, or residential | 73206 |
| treatment facility providing the educational program to the child. | 73207 |
| The amount of tuition paid shall be: | 73208 |
| (1) The amount of tuition determined for the district under | 73209 |
| division (A) of section 3317.08 of the Revised Code; | 73210 |
| (2) In addition, for any student receiving special education | 73211 |
| pursuant to an individualized education program as defined in | 73212 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 73213 |
| This payment shall equal the actual cost to the school district, | 73214 |
| educational service center, or residential treatment facility of | 73215 |
| providing special education and related services to the student | 73216 |
| pursuant to the student's individualized education program, minus | 73217 |
| the tuition paid for the child under division (C)(1) of this | 73218 |
| section. | 73219 |
| A school district paying tuition under this division shall | 73220 |
| not include the child for whom tuition is paid in the district's | 73221 |
| average daily membership certified under division (A) of section | 73222 |
| 3317.03 of the Revised Code. | 73223 |
| (D) In each of fiscal years 2006 and 2007, the Department of | 73224 |
| Education shall reimburse, from appropriations made for the | 73225 |
| purpose, a school district, educational service center, or | 73226 |
| residential treatment facility, whichever is providing the | 73227 |
| service, that has demonstrated that it is in compliance with the | 73228 |
| funding criteria for each served child for whom a school district | 73229 |
| must pay tuition under division (C) of this section. The amount of | 73230 |
| the reimbursement shall be the formula amount specified in section | 73231 |
| 3317.022 of the Revised Code, except that the department shall | 73232 |
| proportionately reduce this reimbursement if sufficient funds are | 73233 |
| not available to pay this amount to all qualified providers. | 73234 |
| (E) Funds provided to a school district, educational service | 73235 |
| center, or residential treatment facility under this section shall | 73236 |
| be used to supplement, not supplant, funds from other public | 73237 |
| sources for which the school district, service center, or | 73238 |
| residential treatment facility is entitled or eligible. | 73239 |
| (F) The Department of Education shall track the utilization | 73240 |
| of funds provided to school districts, educational service | 73241 |
| centers, and residential treatment facilities under this section | 73242 |
| and monitor the effect of the funding on the educational programs | 73243 |
| they provide in participating residential treatment facilities. | 73244 |
| The department shall monitor the programs for educational | 73245 |
| accountability. | 73246 |
| Section 206.09.78. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 73247 |
| ASSESSMENT OF EDUCATION PROGRESS | 73248 |
| The General Assembly intends for the Superintendent of Public | 73249 |
| Instruction to provide for school district participation in the | 73250 |
| administration of the National Assessment of Education Progress in | 73251 |
| accordance with section 3301.27 of the Revised Code. Each school | 73252 |
| and school district selected for participation by the | 73253 |
| Superintendent of Public Instruction shall participate. | 73254 |
| Section 206.09.81. DEPARTMENT OF EDUCATION APPROPRIATION | 73255 |
| TRANSFERS FOR STUDENT ASSESSMENT | 73256 |
| In fiscal year 2006 and fiscal year 2007, if the | 73257 |
| Superintendent of Public Instruction determines that additional | 73258 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 73259 |
| of the 125th General Assembly for assessments of student | 73260 |
| performance, the Superintendent of Public Instruction may | 73261 |
| recommend the reallocation of unspent and unencumbered | 73262 |
| appropriations within the Department of Education to the General | 73263 |
| Revenue Fund appropriation item 200-437, Student Assessment, to | 73264 |
| the Director of Budget and Management. If the Director of Budget | 73265 |
| and Management determines that such a reallocation is required, | 73266 |
| the Director of Budget and Management may transfer unspent and | 73267 |
| unencumbered funds within the Department of Education as necessary | 73268 |
| to appropriation item 200-437, Student Assessment. | 73269 |
| Section 206.09.84. (A) As used in this section: | 73270 |
| (1) "Entitled to attend school" means entitled to attend | 73271 |
| school in a school district under section 3313.64 and 3313.65 of | 73272 |
| the Revised Code. | 73273 |
| (2) "Formula ADM" and "category six special education ADM" | 73274 |
| have the same meanings as in section 3317.02 of the Revised Code. | 73275 |
| (3) "Individualized education program" has the same meaning | 73276 |
| as in section 3323.01 of the Revised Code. | 73277 |
| (4) "Parent" has the same meaning as in section 3313.64 of | 73278 |
| the Revised Code. | 73279 |
| (5) "Qualified special education child" is a child for whom | 73280 |
| all of the following conditions apply: | 73281 |
| (a) The school district in which the child is entitled to | 73282 |
| attend school has identified the child as autistic. | 73283 |
| (b) The school district in which the child is entitled to | 73284 |
| attend school has developed an individualized education program | 73285 |
| under Chapter 3323. of the Revised Code for the child. | 73286 |
| (c) The child either: | 73287 |
| (i) Was enrolled in the school district in which the child is | 73288 |
| entitled to attend school in any grade from preschool through | 73289 |
| twelve in the school year prior to the year in which a scholarship | 73290 |
| under this section is first sought for the child; or | 73291 |
| (ii) Is eligible to enter school in any grade preschool | 73292 |
| through twelve in the school district in which the child is | 73293 |
| entitled to attend school in the school year in which a | 73294 |
| scholarship under this section is first sought for the child. | 73295 |
| (6) "Registered private provider" means a nonpublic school or | 73296 |
| other nonpublic entity that has been approved by the Department of | 73297 |
| Education to participate in the program established under this | 73298 |
| section. | 73299 |
| (B) There is hereby established the Pilot Project Special | 73300 |
| Education Scholarship Program. Under the program, in fiscal years | 73301 |
| 2006 and 2007, the Department of Education shall pay a scholarship | 73302 |
| to the parent of each qualified special education child upon | 73303 |
| application of that parent pursuant to procedures and deadlines | 73304 |
| established by rule of the State Board of Education. Each | 73305 |
| scholarship shall be used only to pay tuition for the child on | 73306 |
| whose behalf the scholarship is awarded to attend a special | 73307 |
| education program that implements the child's individualized | 73308 |
| education program and that is operated by a school district other | 73309 |
| than the school district in which the child is entitled to attend | 73310 |
| school, by another public entity, or by a registered private | 73311 |
| provider. Each scholarship shall be in an amount not to exceed the | 73312 |
| lesser of the tuition charged for the child by the special | 73313 |
| education program or twenty thousand dollars. The purpose of the | 73314 |
| scholarship is to permit the parent of a qualified special | 73315 |
| education child the choice to send the child to a special | 73316 |
| education program, instead of the one operated by or for the | 73317 |
| school district in which the child is entitled to attend school, | 73318 |
| to receive the services prescribed in the child's individualized | 73319 |
| education program once the individualized education program is | 73320 |
| finalized. A scholarship under this section shall not be awarded | 73321 |
| to the parent of a child while the child's individualized | 73322 |
| education program is being developed by the school district in | 73323 |
| which the child is entitled to attend school, or while any | 73324 |
| administrative or judicial mediation or proceedings with respect | 73325 |
| to the content of the child's individualized education program are | 73326 |
| pending. A scholarship under this section shall not be used for a | 73327 |
| child to attend a public special education program that operates | 73328 |
| under a contract, compact, or other bilateral agreement between | 73329 |
| the school district in which the child is entitled to attend | 73330 |
| school and another school district or other public provider, or | 73331 |
| for a child to attend a community school established under Chapter | 73332 |
| 3314. of the Revised Code. However, nothing in this section or in | 73333 |
| any rule adopted by the State Board of Education shall prohibit a | 73334 |
| parent whose child attends a public special education program | 73335 |
| under a contract, compact, or other bilateral agreement, or a | 73336 |
| parent whose child attends a community school, from applying for | 73337 |
| and accepting a scholarship under this section so that the parent | 73338 |
| may withdraw the child from that program or community school and | 73339 |
| use the scholarship for the child to attend a special education | 73340 |
| program for which the parent is required to pay for services for | 73341 |
| the child. A child attending a special education program with a | 73342 |
| scholarship under this section shall continue to be entitled to | 73343 |
| transportation to and from that program in the manner prescribed | 73344 |
| by law. | 73345 |
| (C)(1) Notwithstanding anything to the contrary in the | 73346 |
| Revised Code, a child for whom a scholarship is awarded under this | 73347 |
| section shall be counted in the formula ADM and the category six | 73348 |
| special education ADM of the district in which the child is | 73349 |
| entitled to attend school and not in the formula ADM and the | 73350 |
| category six special education ADM of any other school district. | 73351 |
| (2) In each fiscal year, the Department shall deduct from the | 73352 |
| amounts paid to each school district under Chapter 3317. of the | 73353 |
| Revised Code, and, if necessary, sections 321.24 and 323.156 of | 73354 |
| the Revised Code, the aggregate amount of scholarships awarded | 73355 |
| under this section for qualified special education children | 73356 |
| included in the formula ADM and category six special education ADM | 73357 |
| of that school district as provided in division (C)(1) of this | 73358 |
| section. The scholarships deducted shall be considered as an | 73359 |
| approved special education and related services expense for the | 73360 |
| purpose of the school district's compliance with division (C)(5) | 73361 |
| of section 3317.022 of the Revised Code. | 73362 |
| (3) From time to time, the Department shall make a payment to | 73363 |
| the parent of each qualified special education child for whom a | 73364 |
| scholarship has been awarded under this section. The scholarship | 73365 |
| amount shall be proportionately reduced in the case of any such | 73366 |
| child who is not enrolled in the special education program for | 73367 |
| which a scholarship was awarded under this section for the entire | 73368 |
| school year. The Department shall make no payments to the parent | 73369 |
| of a child while any administrative or judicial mediation or | 73370 |
| proceedings with respect to the content of the child's | 73371 |
| individualized education program are pending. | 73372 |
| (D) A scholarship shall not be paid to a parent for payment | 73373 |
| of tuition owed to a nonpublic entity unless that entity is a | 73374 |
| registered private provider. The Department shall approve entities | 73375 |
| that meet the standards established by rule of the State Board for | 73376 |
| the program established under this section. | 73377 |
| (E) The State Board shall adopt rules under Chapter 119. of | 73378 |
| the Revised Code prescribing procedures necessary to implement | 73379 |
| this section, including, but not limited to, procedures and | 73380 |
| deadlines for parents to apply for scholarships, standards for | 73381 |
| registered private providers, and procedures for approval of | 73382 |
| entities as registered private providers. The Board shall adopt | 73383 |
| the rules so that the program established under this section is | 73384 |
| operational by January 1, 2004. | 73385 |
| Section 206.09.87. (A) In the 2005-2006 and 2006-2007 school | 73386 |
| years, within three months after a student identified with | 73387 |
| disabilities begins receiving services for the first time under an | 73388 |
| individualized education program, as defined in section 3323.01 of | 73389 |
| the Revised Code, the school district in which that student is | 73390 |
| enrolled shall require the student to undergo a comprehensive eye | 73391 |
| examination performed either by an optometrist licensed under | 73392 |
| Chapter 4725. of the Revised Code or by a physician authorized | 73393 |
| under Chapter 4731. of the Revised Code to practice medicine and | 73394 |
| surgery or osteopathic medicine and surgery who is comprehensively | 73395 |
| trained and educated in the treatment of the human eye, eye | 73396 |
| disease, or comprehensive vision services, unless the student | 73397 |
| underwent such an examination within the nine-month period | 73398 |
| immediately prior to being identified with disabilities. | 73399 |
| However, no student who has not undergone the eye examination | 73400 |
| required under this section shall be prohibited from initiating, | 73401 |
| receiving, or continuing to receive services prescribed in the | 73402 |
| student's individualized education program. | 73403 |
| (B) The superintendent of each school district or the | 73404 |
| superintendent's designee may determine fulfillment of the | 73405 |
| requirement prescribed in division (A) of this section based on | 73406 |
| any special circumstances of the student, the student's parent, | 73407 |
| guardian, or family that may prevent the student from undergoing | 73408 |
| the eye examination prior to beginning special education services. | 73409 |
| (C) Except for a student who may be entitled to a | 73410 |
| comprehensive eye examination in the identification of the | 73411 |
| student's disabilities, in the development of the student's | 73412 |
| individualized education program, or as a related service under | 73413 |
| the student's individualized education program, neither the state | 73414 |
| nor any school district shall be responsible for paying for the | 73415 |
| eye examination required by this section. | 73416 |
| Section 206.09.90. INTERVENTION FUNDING | 73417 |
| State funding totaling $153,489,868 in fiscal year 2006 and | 73418 |
| $195,096,413 in fiscal year 2007 is provided to school districts | 73419 |
| for intervention or intervention related activities. School | 73420 |
| districts have flexibility in the use of this funding by which | 73421 |
| success is achieved for their students under section 3317.029 of | 73422 |
| the Revised Code. | 73423 |
| No later than December 31, 2006, each school district shall | 73424 |
| report intervention costs by type of intervention provided in a | 73425 |
| manner defined by the Department of Education. The report shall | 73426 |
| indicate separately both state and local dollars utilized by | 73427 |
| school districts for intervention activities. | 73428 |
| To the degree that school districts do not meet adequate | 73429 |
| progress standards as defined by the Department of Education, the | 73430 |
| Department shall use the reported information to intervene at the | 73431 |
| district and building levels to make recommendations on how state | 73432 |
| and local funding for intervention should be deployed in a more | 73433 |
| effective manner. This information shall also be used by the | 73434 |
| Department to inform its recommendations required in the section | 73435 |
| of this act entitled "DISTRICT SPENDING REQUIREMENTS." | 73436 |
| Section 206.09.93. EARMARK ACCOUNTABILITY | 73437 |
| At the request of the Superintendent of Public Instruction, | 73438 |
| any entity that receives a budget earmark under the Department of | 73439 |
| Education shall submit annually to the chairpersons of the | 73440 |
| committees of the House of Representatives and the Senate | 73441 |
| primarily concerned with education and to the Department of | 73442 |
| Education a report that includes a description of the services | 73443 |
| supported by the funds, a description of the results achieved by | 73444 |
| those services, an analysis of the effectiveness of the program, | 73445 |
| and an opinion as to the program's applicability to other school | 73446 |
| districts. For an earmarked entity that received state funds from | 73447 |
| an earmark in the prior fiscal year, no funds shall be provided by | 73448 |
| the Department of Education to an earmarked entity for a fiscal | 73449 |
| year until its report for the prior fiscal year has been | 73450 |
| submitted. | 73451 |
| Section 206.09.96. The School Funding Advisory Council is | 73452 |
| hereby created. The Council shall consist of not more than sixteen | 73453 |
| members, appointed as follows: | 73454 |
| (A) The Governor shall appoint up to six members, who shall | 73455 |
| be representatives of the business and education communities. | 73456 |
| (B) The Governor shall appoint one member from the Department | 73457 |
| of Education and up to three additional members from other | 73458 |
| executive branch agencies. | 73459 |
| (C) The Speaker of the House of Representatives shall appoint | 73460 |
| up to three members who are members of the House of | 73461 |
| Representatives, including at least one who is a member of the | 73462 |
| minority party of the House of Representatives. | 73463 |
| (D) The President of the Senate shall appoint up to three | 73464 |
| members who are members of the Senate, including at least one who | 73465 |
| is a member of the minority party of the Senate. | 73466 |
| The Governor, Speaker of the House of Representatives, and | 73467 |
| President of the Senate shall make their appointments not later | 73468 |
| than December 31, 2005. The Governor shall designate one | 73469 |
| representative of the business community appointed under division | 73470 |
| (A) of this section to serve as chairperson of the Council. | 73471 |
| Members shall serve without compensation. | 73472 |
| The Council shall examine research, including, but not | 73473 |
| limited to, research underway by Battelle for Kids and the | 73474 |
| University of Washington's Center for Reinventing Public | 73475 |
| Education, to further refine a building-blocks methodology for | 73476 |
| school funding so that increasingly stronger correlations exist | 73477 |
| between resources and academic results. The Council's other | 73478 |
| activities shall include, but not be limited to, examining | 73479 |
| timeline issues with regard to recommendations of the Governor's | 73480 |
| Blue Ribbon Task Force on Financing Student Success. The Council | 73481 |
| shall submit its recommendations to the Governor, the Speaker of | 73482 |
| the House of Representatives, and the President of the Senate not | 73483 |
| later than September 30, 2006. When it submits its | 73484 |
| recommendations, the Council shall cease to exist. | 73485 |
| Section 206.09.99. The revisions by this act to the | 73486 |
| Post-Secondary Enrollment Options Program established under | 73487 |
| Chapter 3365. of the Revised Code shall apply as follows: | 73488 |
| (A) The amendment to the definition of "tuition base" in | 73489 |
| section 3365.01 of the Revised Code, as amended by this act, shall | 73490 |
| apply to payments for courses taken beginning in the 2005-2006 | 73491 |
| school year. | 73492 |
| (B) The requirement that a secondary grade student be a | 73493 |
| resident of this state in order to participate in the | 73494 |
| Post-Secondary Enrollment Options Program as specified in section | 73495 |
| 3365.02 of the Revised Code, as amended by this act, shall not | 73496 |
| apply to students participating in the program during fiscal year | 73497 |
| 2005. That requirement applies to students participating in the | 73498 |
| program after July 1, 2005, regardless of whether they | 73499 |
| participated in the program prior to that date. | 73500 |
| (C) The statement in section 3365.02 of the Revised Code, as | 73501 |
| amended by this act, concerning the purpose of the program applies | 73502 |
| to courses taken beginning in the 2005-2006 school year. | 73503 |
| (D) The provision prohibiting students enrolled in | 73504 |
| nonchartered nonpublic schools from participating in Option B of | 73505 |
| the program, as specified in sections 3365.02, 3365.021, 3365.04, | 73506 |
| 3365.07, and 3365.10 of the Revised Code, as amended by this act, | 73507 |
| shall apply beginning in the 2006-2007 school year. | 73508 |
| (E) The provision prohibiting participating under Option B | 73509 |
| for enrollment in physical education college courses, as specified | 73510 |
| in sections 3365.02, 3365.04, and 3365.07 of the Revised Code, as | 73511 |
| amended by this act, shall apply beginning in the 2006-2007 school | 73512 |
| year. | 73513 |
| (F) The requirement to seek reimbursement for college courses | 73514 |
| that a student failed, as specified in section 3365.02 of the | 73515 |
| Revised Code, as amended by this act, and section 3365.11 of the | 73516 |
| Revised Code, shall apply to courses taken beginning in the | 73517 |
| 2005-2006 school year. | 73518 |
| Section 206.10.03. Not later than September 1, 2005, the | 73519 |
| Superintendent of Public Instruction shall begin preparations to | 73520 |
| implement the Educational Choice Scholarship Program established | 73521 |
| by sections 3310.01 to 3310.17 of the Revised Code. The | 73522 |
| Superintendent shall ensure that school districts, nonpublic | 73523 |
| schools, students, and parents are informed of the Educational | 73524 |
| Choice Scholarship Program and how the Program may affect them. | 73525 |
| The Superintendent shall provide such information in sufficient | 73526 |
| time for affected parties to meet all deadlines imposed for | 73527 |
| participation in the Educational Choice Scholarship Program in the | 73528 |
| 2006-2007 school year. The State Board of Education shall adopt | 73529 |
| the rules required by section 3310.16 of the Revised Code so that | 73530 |
| those rules are in effect and the Educational Choice Scholarship | 73531 |
| Program is operational in the school year that commences July 1, | 73532 |
| 2006. | 73533 |
| The Superintendent shall select not more than 18,000 students | 73534 |
| in fiscal year 2007 to be awarded scholarships under the | 73535 |
| Educational Choice Scholarship Program. | 73536 |
| Section 206.10.06. There is hereby established a committee to | 73537 |
| study the consolidation of school districts. The committee shall | 73538 |
| consist of three members of the House of Representatives, | 73539 |
| appointed by the Speaker of the House of Representatives, and | 73540 |
| three members of the Senate, appointed by the President of the | 73541 |
| Senate. From each house, two members shall be of the majority | 73542 |
| party and one member shall be of the minority party. The Speaker | 73543 |
| of the House of Representatives shall designate the chairman of | 73544 |
| the committee. Members shall not receive compensation for their | 73545 |
| services. | 73546 |
| The committee shall study the feasibility of city, local, and | 73547 |
| exempted village school district consolidation and the economic | 73548 |
| impact, including possible cost savings, of consolidation for the | 73549 |
| state and school districts. If the committee determines school | 73550 |
| district consolidation is feasible, the committee shall recommend | 73551 |
| legislation to accomplish the consolidation. | 73552 |
| The committee shall report its findings to the General | 73553 |
| Assembly not later than one year after the effective date of this | 73554 |
| section. Copies of the findings shall be provided to the Governor, | 73555 |
| the President and Minority Leader of the Senate, the Speaker and | 73556 |
| Minority Leader of the House of Representatives, and the | 73557 |
| chairpersons, vice-chairpersons, and ranking minority members of | 73558 |
| the education committees of the House of Representatives and the | 73559 |
| Senate. Following its report of findings, the committee shall | 73560 |
| cease to exist. | 73561 |
| * Section 206.10.09. Within thirty days after the effective | 73562 |
| date of this section, the Department of Education shall notify | 73563 |
| each entity approved to be a sponsor of community schools pursuant | 73564 |
| to division (B)(1) of section 3314.015 of the Revised Code prior | 73565 |
| to the effective date of this section and each entity that is not | 73566 |
| required to be so approved by section 3314.021 of the Revised Code | 73567 |
| or Section 6 of Sub. H.B. 364 of the 124th General Assembly of the | 73568 |
| number of schools the entity may sponsor under that division. | 73569 |
| Section 206.10.12. (A) The School Physical Fitness and | 73570 |
| Wellness Advisory Council is hereby established. The Council shall | 73571 |
| consist of the following members: | 73572 |
| (1) A representative of the Ohio Association for Health, | 73573 |
| Physical Education, Recreation and Dance, appointed by the | 73574 |
| Association; | 73575 |
| (2) A school food service director, appointed by the Ohio | 73576 |
| School Food Service Association; | 73577 |
| (3) A representative of the Ohio School Boards Association, | 73578 |
| appointed by the Association; | 73579 |
| (4) A registered dietician, appointed by the Ohio Dietetic | 73580 |
| Association; | 73581 |
| (5) A representative of the Ohio State Medical Association, | 73582 |
| appointed by the Association; | 73583 |
| (6) A representative of the food industry, appointed by the | 73584 |
| Ohio Chamber of Commerce; | 73585 |
| (7) A representative of the Ohio Parent Teacher Association, | 73586 |
| appointed by the Association; | 73587 |
| (8) A representative of the Ohio Soft Drink Association, | 73588 |
| appointed by the Association; | 73589 |
| (9) A representative of the Department of Education, | 73590 |
| appointed by the Superintendent of Public Instruction; | 73591 |
| (10) A representative of the Ohio Parks and Recreation | 73592 |
| Association, appointed by the Association. | 73593 |
| (B) Appointments to the Council shall be made within thirty | 73594 |
| days after the effective date of this section. The representative | 73595 |
| of the Department shall be the chairperson of the Council. The | 73596 |
| Council shall meet at least every two months. The Department shall | 73597 |
| provide administrative support to the Council in the performance | 73598 |
| of its duties. | 73599 |
| (C) The Council shall develop guidelines for best practices | 73600 |
| regarding nutrition education, physical activity for students, and | 73601 |
| school-based activities and school-business partnerships that | 73602 |
| promote student wellness. For this purpose, the Council shall | 73603 |
| examine research concerning these issues and review existing | 73604 |
| guidelines and best practices established by associations or | 73605 |
| governmental entities at the national, state, and local levels. | 73606 |
| The best practices guidelines developed by the Council shall | 73607 |
| provide information that school districts participating in a | 73608 |
| school lunch program under the "National School Lunch Act," 60 | 73609 |
| Stat. 230 (1946), 42 U.S.C. 1751, as amended, may use when | 73610 |
| adopting local wellness policies as required by the "Child | 73611 |
| Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended. | 73612 |
| The Council also shall develop strategies for districts to use in | 73613 |
| evaluating the implementation of their local wellness policies to | 73614 |
| determine if the goals and objectives described in those policies | 73615 |
| are being met. | 73616 |
| (D) Not later than December 31, 2005, the Council shall | 73617 |
| compile a written report containing its best practices guidelines | 73618 |
| and evaluation strategies. Copies of the report shall be provided | 73619 |
| to each school district participating in a school lunch program as | 73620 |
| described in division (C) of this section, the Governor, the | 73621 |
| Speaker of the House of Representatives, and the President of the | 73622 |
| Senate. Upon submission of its report, the Council shall cease to | 73623 |
| exist. | 73624 |
| Section 206.10.15. For fiscal years 2006 and 2007, the | 73625 |
| Department of Education shall provide funding to the Ohio Wyami | 73626 |
| Appalachian Teacher Cohorts Program under the Columbiana County | 73627 |
| Educational Service Center to provide teacher professional | 73628 |
| development in Ohio's Appalachian counties. The program shall | 73629 |
| provide professional development that is based on a review of | 73630 |
| scientifically based research and is expected to improve student | 73631 |
| academic achievement as required by Title II of the "No Child Left | 73632 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6612 et seq., for | 73633 |
| approximately eighty public and charter nonpublic teachers from | 73634 |
| Ohio's Appalachian counties each year. The Department of Education | 73635 |
| shall provide $1,500,000 each fiscal year in federal grant funds | 73636 |
| from the State Grants For Improving Teacher Quality Program to the | 73637 |
| Columbiana County Educational Service Center for this purpose. | 73638 |
| Section 206.13. ELC OHIO ELECTIONS COMMISSION | 73639 |
| General Revenue Fund | 73640 |
| GRF | 051-321 | Operating Expenses | $ | 411,623 | $ | 411,623 | 73641 | ||||
| TOTAL GRF General Revenue Fund | $ | 411,623 | $ | 411,623 | 73642 | ||||||
| General Services Fund Group | 73643 |
| 4P2 | 051-601 | Ohio Elections | 73644 | ||||||||
| Commission Fund | $ | 225,000 | $ | 225,000 | 73645 | ||||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 73646 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 636,623 | $ | 636,623 | 73647 | ||||||
| Section 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 73649 |
| DIRECTORS | 73650 |
| General Services Fund Group | 73651 |
| 4K9 | 881-609 | Operating Expenses | $ | 598,933 | $ | 0 | 73652 | ||||
| TOTAL GSF General Services | 73653 | ||||||||||
| Fund Group | $ | 598,933 | $ | 0 | 73654 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 598,933 | $ | 0 | 73655 | ||||||
| Section 206.19. ERB STATE EMPLOYMENT RELATIONS BOARD | 73657 |
| General Revenue Fund | 73658 |
| GRF | 125-321 | Operating Expenses | $ | 3,265,397 | $ | 3,363,359 | 73659 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,265,397 | $ | 3,363,359 | 73660 | ||||||
| General Services Fund Group | 73661 |
| 572 | 125-603 | Training and Publications | $ | 75,541 | $ | 75,541 | 73662 | ||||
| TOTAL GSF General Services | 73663 | ||||||||||
| Fund Group | $ | 75,541 | $ | 75,541 | 73664 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,340,938 | $ | 3,438,900 | 73665 | ||||||
| Section 206.24. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 73667 |
| General Services Fund Group | 73668 |
| 4K9 | 892-609 | Operating Expenses | $ | 1,058,881 | $ | 1,058,881 | 73669 | ||||
| TOTAL GSF General Services | 73670 | ||||||||||
| Fund Group | $ | 1,058,881 | $ | 1,058,881 | 73671 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,881 | $ | 1,058,881 | 73672 | ||||||
| Section 206.27. EPA ENVIRONMENTAL PROTECTION AGENCY | 73674 |
| General Revenue Fund | 73675 |
| GRF | 715-403 | Clean Ohio | $ | 92,707 | $ | 0 | 73676 | ||||
| GRF | 715-501 | Local Air Pollution Control | $ | 128,297 | $ | 0 | 73677 | ||||
| GRF | 717-321 | Surface Water | $ | 1,112,342 | $ | 0 | 73678 | ||||
| GRF | 718-321 | Groundwater | $ | 136,719 | $ | 0 | 73679 | ||||
| GRF | 719-321 | Air Pollution Control | $ | 311,494 | $ | 0 | 73680 | ||||
| GRF | 721-321 | Drinking Water | $ | 318,783 | $ | 0 | 73681 | ||||
| GRF | 723-321 | Hazardous Waste | $ | 12,606 | $ | 0 | 73682 | ||||
| GRF | 724-321 | Pollution Prevention | $ | 87,538 | $ | 0 | 73683 | ||||
| GRF | 725-321 | Laboratory | $ | 152,043 | $ | 0 | 73684 | ||||
| GRF | 726-321 | Corrective Actions | $ | 147,473 | $ | 0 | 73685 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,500,002 | $ | 0 | 73686 | ||||||
| General Services Fund Group | 73687 |
| 199 | 715-602 | Laboratory Services | $ | 1,078,348 | $ | 1,083,574 | 73688 | ||||
| 219 | 715-604 | Central Support Indirect | $ | 15,804,913 | $ | 16,345,805 | 73689 | ||||
| 4A1 | 715-640 | Operating Expenses | $ | 3,369,731 | $ | 3,369,731 | 73690 | ||||
| 5BZ | 715-681 | Auto Emissions Test | $ | 6,100,000 | $ | 12,200,000 | 73691 | ||||
| TOTAL GSF General Services | 73692 | ||||||||||
| Fund Group | $ | 26,352,992 | $ | 32,999,110 | 73693 | ||||||
| Federal Special Revenue Fund Group | 73694 |
| 3F2 | 715-630 | Revolving Loan Fund - Operating | $ | 152,021 | $ | 293,129 | 73695 | ||||
| 3F3 | 715-632 | Fed Supported Cleanup and Response | $ | 2,792,648 | $ | 2,777,648 | 73696 | ||||
| 3F4 | 715-633 | Water Quality Management | $ | 710,000 | $ | 710,000 | 73697 | ||||
| 3F5 | 715-641 | Nonpoint Source Pollution Management | $ | 7,815,000 | $ | 7,810,000 | 73698 | ||||
| 3J1 | 715-620 | Urban Stormwater | $ | 706,000 | $ | 710,000 | 73699 | ||||
| 3K2 | 715-628 | Clean Water Act 106 | $ | 4,723,845 | $ | 5,023,846 | 73700 | ||||
| 3K4 | 715-634 | DOD Monitoring and Oversight | $ | 1,450,333 | $ | 1,450,333 | 73701 | ||||
| 3K6 | 715-639 | Remedial Action Plan | $ | 320,000 | $ | 319,000 | 73702 | ||||
| 3N4 | 715-657 | DOE Monitoring and Oversight | $ | 3,181,736 | $ | 3,231,963 | 73703 | ||||
| 3V7 | 715-606 | Agencywide Grants | $ | 458,115 | $ | 479,115 | 73704 | ||||
| 352 | 715-611 | Wastewater Pollution | $ | 525,000 | $ | 530,000 | 73705 | ||||
| 353 | 715-612 | Public Water Supply | $ | 3,384,959 | $ | 3,388,619 | 73706 | ||||
| 354 | 715-614 | Hazardous Waste Management - Federal | $ | 4,203,891 | $ | 4,203,891 | 73707 | ||||
| 357 | 715-619 | Air Pollution Control - Federal | $ | 6,966,337 | $ | 7,243,950 | 73708 | ||||
| 362 | 715-605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 73709 | ||||
| TOTAL FED Federal Special Revenue | 73710 | ||||||||||
| Fund Group | $ | 37,501,759 | $ | 38,283,368 | 73711 | ||||||
| State Special Revenue Fund Group | 73712 |
| 3T3 | 715-669 | Drinking Water SRF | $ | 2,411,614 | $ | 2,482,910 | 73713 | ||||
| 4J0 | 715-638 | Underground Injection Control | $ | 438,285 | $ | 458,418 | 73714 | ||||
| 4K2 | 715-648 | Clean Air - Non Title V | $ | 3,234,278 | $ | 3,178,062 | 73715 | ||||
| 4K3 | 715-649 | Solid Waste | $ | 13,800,377 | $ | 14,282,845 | 73716 | ||||
| 4K4 | 715-650 | Surface Water Protection | $ | 11,606,000 | $ | 12,420,000 | 73717 | ||||
| 4K5 | 715-651 | Drinking Water Protection | $ | 7,202,901 | $ | 7,492,035 | 73718 | ||||
| 4P5 | 715-654 | Cozart Landfill | $ | 149,728 | $ | 149,728 | 73719 | ||||
| 4R5 | 715-656 | Scrap Tire Management | $ | 6,000,000 | $ | 6,000,000 | 73720 | ||||
| 4R9 | 715-658 | Voluntary Action Program | $ | 1,008,765 | $ | 1,032,098 | 73721 | ||||
| 4T3 | 715-659 | Clean Air - Title V Permit Program | $ | 16,960,373 | $ | 17,180,980 | 73722 | ||||
| 4U7 | 715-660 | Construction & Demolition Debris | $ | 586,797 | $ | 582,305 | 73723 | ||||
| 5BC | 715-617 | Clean Ohio | $ | 741,646 | $ | 741,646 | 73724 | ||||
| 5BC | 715-622 | Local Air Pollution Control | $ | 1,026,369 | $ | 1,026,369 | 73725 | ||||
| 5BC | 715-624 | Surface Water | $ | 8,797,413 | $ | 8,797,413 | 73726 | ||||
| 5BC | 715-667 | Groundwater | $ | 1,093,741 | $ | 1,093,741 | 73727 | ||||
| 5BC | 715-672 | Air Pollution Control | $ | 4,343,324 | $ | 4,343,325 | 73728 | ||||
| 5BC | 715-673 | Drinking Water | $ | 2,550,250 | $ | 2,550,250 | 73729 | ||||
| 5BC | 715-675 | Hazardous Waste | $ | 100,847 | $ | 100,847 | 73730 | ||||
| 5BC | 715-676 | Assistance and Prevention | $ | 700,302 | $ | 700,302 | 73731 | ||||
| 5BC | 715-677 | Laboratory | $ | 1,216,333 | $ | 1,216,333 | 73732 | ||||
| 5BC | 715-678 | Corrective Action | $ | 1,179,775 | $ | 1,179,775 | 73733 | ||||
| 5H4 | 715-664 | Groundwater Support | $ | 2,325,922 | $ | 2,408,871 | 73734 | ||||
| 5N2 | 715-613 | Dredge and Fill | $ | 30,000 | $ | 30,000 | 73735 | ||||
| 500 | 715-608 | Immediate Removal Special Account | $ | 482,000 | $ | 482,000 | 73736 | ||||
| 503 | 715-621 | Hazardous Waste Facility Management | $ | 11,270,231 | $ | 11,711,473 | 73737 | ||||
| 505 | 715-623 | Hazardous Waste Cleanup | $ | 11,482,988 | $ | 11,482,988 | 73738 | ||||
| 505 | 715-674 | Clean Ohio Environmental Review | $ | 104,500 | $ | 109,725 | 73739 | ||||
| 541 | 715-670 | Site Specific Cleanup | $ | 33,000 | $ | 34,650 | 73740 | ||||
| 542 | 715-671 | Risk Management Reporting | $ | 146,188 | $ | 146,188 | 73741 | ||||
| 592 | 715-627 | Anti Tampering Settlement | $ | 17,203 | $ | 9,707 | 73742 | ||||
| 6A1 | 715-645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 73743 | ||||
| 602 | 715-626 | Motor Vehicle Inspection and Maintenance | $ | 1,190,944 | $ | 250,000 | 73744 | ||||
| 644 | 715-631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 73745 | ||||
| 660 | 715-629 | Infectious Waste Management | $ | 160,000 | $ | 100,000 | 73746 | ||||
| 676 | 715-642 | Water Pollution Control Loan Administration | $ | 4,964,625 | $ | 4,964,625 | 73747 | ||||
| 678 | 715-635 | Air Toxic Release | $ | 210,621 | $ | 210,622 | 73748 | ||||
| 679 | 715-636 | Emergency Planning | $ | 2,828,647 | $ | 2,828,647 | 73749 | ||||
| 696 | 715-643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 73750 | ||||
| 699 | 715-644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 73751 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 123,682,101 | $ | 125,064,992 | 73752 | ||||||
| Clean Ohio Revitalization Fund Group | 73753 |
| 5S1 | 715-607 | Clean Ohio - Operating | $ | 208,174 | $ | 208,174 | 73754 | ||||
| TOTAL CLF Clean Ohio Revitalization Fund Group | $ | 208,174 | $ | 208,174 | 73755 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 190,245,028 | $ | 196,555,644 | 73756 | ||||||
| AUTOMOBILE EMISSIONS TESTS | 73757 |
| (A) There is hereby created the Auto Emissions Test Fund | 73758 |
| (Fund 5BZ). When renewing a contract to continue the E-check | 73759 |
| program after December 31, 2005, the Ohio Environmental Protection | 73760 |
| Agency (EPA) shall use the foregoing appropriation item 715-681, | 73761 |
| Auto Emissions Test in the Auto Emissions Test Fund (Fund 5BZ), to | 73762 |
| pay for up to $19.50 per test for auto emissions tests in counties | 73763 |
| still designated as non-attainment or designated by the General | 73764 |
| Assembly to continue such tests under mandate of the federal Clean | 73765 |
| Air Act. These amounts are hereby appropriated. | 73766 |
| (B)(1) Notwithstanding section 183.02 of the Revised Code, on | 73767 |
| July 1, 2005, or as soon as possible thereafter, the Director of | 73768 |
| Budget and Management shall transfer $8,100,000 cash from the | 73769 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto | 73770 |
| Emissions Test Fund (Fund 5BZ) in the Environmental Protection | 73771 |
| Agency. Of the tobacco revenue that is credited to the Tobacco | 73772 |
| Master Settlement Agreement Fund (Fund 087) in fiscal year 2006, | 73773 |
| the share that is determined pursuant to section 183.02 of the | 73774 |
| Revised Code to be the amount transferred by the Director of | 73775 |
| Budget and Management from the Tobacco Master Settlement Agreement | 73776 |
| Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust | 73777 |
| Fund (Fund H87) shall be reduced by the amount that is transferred | 73778 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 73779 |
| the Auto Emissions Test Fund (Fund 5BZ) under this division. | 73780 |
| (2) Notwithstanding section 183.02 of the Revised Code, on | 73781 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 73782 |
| Budget and Management shall transfer $15,200,000 cash from the | 73783 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto | 73784 |
| Emissions Test Fund (Fund 5BZ) in the Environmental Protection | 73785 |
| Agency. Of the tobacco revenue that is credited to the Tobacco | 73786 |
| Master Settlement Agreement Fund (Fund 087) in fiscal year 2007, | 73787 |
| the share that is determined pursuant to section 183.02 of the | 73788 |
| Revised Code to be the amount transferred by the Director of | 73789 |
| Budget and Management from the Tobacco Master Settlement Agreement | 73790 |
| Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust | 73791 |
| Fund (Fund H87) shall be reduced by the amount that is transferred | 73792 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 73793 |
| the Auto Emissions Test Fund (Fund 5BZ) under this division. | 73794 |
| NPDES TRANSFER TO AGRICULTURE | 73795 |
| On or after the date on which the United States Environmental | 73796 |
| Protection Agency approves the state program submitted under | 73797 |
| division (A)(1) of section 903.08 of the Revised Code, and federal | 73798 |
| moneys are disbursed for this purpose, the Controlling Board shall | 73799 |
| transfer those funds from the Environmental Protection Agency to | 73800 |
| the Department of Agriculture. | 73801 |
| CASH TRANSFER FOR ENVIRONMENTAL PROTECTION FUND | 73802 |
| On July 1, 2005, or as soon as possible thereafter, the | 73803 |
| Director of Budget and Management may transfer $1,000,000 in cash | 73804 |
| from the Central Support Indirect Fund (Fund 219) into the | 73805 |
| Environmental Protection Fund (Fund 5BC). | 73806 |
| On July 1, 2005, or as soon as possible thereafter, the | 73807 |
| Director of Budget and Management may transfer $6,000,000 in cash | 73808 |
| from the Hazardous Waste Facility Management Fund (Fund 503) into | 73809 |
| the Environmental Protection Fund (Fund 5BC). | 73810 |
| On July 1, 2005, or as soon as possible thereafter, the | 73811 |
| Director of Budget and Management may transfer $3,000,000 in cash | 73812 |
| from the Solid Waste Fund (Fund 4K3) into the Environmental | 73813 |
| Protection Fund (Fund 5BC). | 73814 |
| On July 1, 2005, or as soon as possible thereafter, the | 73815 |
| Director of Budget and Management may transfer $1,000,000 in cash | 73816 |
| from the Hazardous Waste Cleanup Fund (Fund 505) into the | 73817 |
| Environmental Protection Fund (Fund 5BC). | 73818 |
| Section 206.30. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION | 73819 |
| General Revenue Fund | 73820 |
| GRF | 172-321 | Operating Expenses | $ | 479,161 | $ | 483,859 | 73821 | ||||
| TOTAL GRF General Revenue Fund | $ | 479,161 | $ | 483,859 | 73822 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 479,161 | $ | 483,859 | 73823 | ||||||
| Section 206.33. ETH OHIO ETHICS COMMISSION | 73825 |
| General Revenue Fund | 73826 |
| GRF | 146-321 | Operating Expenses | $ | 1,476,213 | $ | 1,476,213 | 73827 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,476,213 | $ | 1,476,213 | 73828 | ||||||
| General Services Fund Group | 73829 |
| 4M6 | 146-601 | Operating Expenses | $ | 502,543 | $ | 432,543 | 73830 | ||||
| TOTAL GSF General Services | 73831 | ||||||||||
| Fund Group | $ | 502,543 | $ | 432,543 | 73832 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,978,756 | $ | 1,908,756 | 73833 | ||||||
| Section 206.36. EXP OHIO EXPOSITIONS COMMISSION | 73835 |
| General Revenue Fund | 73836 |
| GRF | 723-403 | Junior Fair Subsidy | $ | 400,000 | $ | 400,000 | 73837 | ||||
| TOTAL GRF General Revenue Fund | $ | 400,000 | $ | 400,000 | 73838 | ||||||
| State Special Revenue Fund Group | 73839 |
| 4N2 | 723-602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 73840 | ||||
| 506 | 723-601 | Operating Expenses | $ | 13,643,315 | $ | 13,643,315 | 73841 | ||||
| TOTAL SSR State Special Revenue | 73842 | ||||||||||
| Fund Group | $ | 14,163,315 | $ | 14,163,315 | 73843 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,563,315 | $ | 14,563,315 | 73844 | ||||||
| Section 206.39. GOV OFFICE OF THE GOVERNOR | 73846 |
| General Revenue Fund | 73847 |
| GRF | 040-321 | Operating Expenses | $ | 3,981,582 | $ | 3,981,582 | 73848 | ||||
| GRF | 040-403 | Federal Relations | $ | 422,760 | $ | 422,760 | 73849 | ||||
| GRF | 040-408 | Office of Veterans' Affairs | $ | 267,923 | $ | 267,923 | 73850 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,672,265 | $ | 4,672,265 | 73851 | ||||||
| General Services Fund Group | 73852 |
| 5AK | 040-607 | Federal Relations | $ | 354,514 | $ | 354,514 | 73853 | ||||
| TOTAL GSF General Services Fund Group | $ | 354,514 | $ | 354,514 | 73854 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,026,779 | $ | 5,026,779 | 73855 |
| APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR | 73856 |
| The Governor may expend a portion of the foregoing | 73857 |
| appropriation item 040-321, Operating Expenses, to hire or appoint | 73858 |
| legal counsel to be used in proceedings involving the Governor in | 73859 |
| the Governor's official capacity or the Governor's office only, | 73860 |
| without the approval of the Attorney General, notwithstanding | 73861 |
| sections 109.02 and 109.07 of the Revised Code. | 73862 |
| FEDERAL RELATIONS | 73863 |
| A portion of the foregoing appropriation items 040-403, | 73864 |
| Federal Relations, and 040-607, Federal Relations, may be used to | 73865 |
| support Ohio's membership in national or regional associations. | 73866 |
| The Office of the Governor may charge any state agency of the | 73867 |
| executive branch using an intrastate transfer voucher such amounts | 73868 |
| necessary to defray the costs incurred for the conduct of federal | 73869 |
| relations associated with issues that can be attributed to the | 73870 |
| agency. Amounts collected shall be deposited to the Office of the | 73871 |
| Governor Federal Relations Fund (Fund 5AK). | 73872 |
| Section 206.42. DOH DEPARTMENT OF HEALTH | 73873 |
| General Revenue Fund | 73874 |
| GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,452,101 | $ | 2,452,101 | 73875 | ||||
| GRF | 440-412 | Cancer Incidence Surveillance System | $ | 1,002,619 | $ | 1,002,619 | 73876 | ||||
| GRF | 440-413 | Local Health Department Support | $ | 3,786,794 | $ | 3,786,794 | 73877 | ||||
| GRF | 440-416 | Child and Family Health Services | $ | 9,042,874 | $ | 9,042,874 | 73878 | ||||
| GRF | 440-418 | Immunizations | $ | 8,600,615 | $ | 8,600,615 | 73879 | ||||
| GRF | 440-444 | AIDS Prevention and Treatment | $ | 7,158,127 | $ | 7,158,127 | 73880 | ||||
| GRF | 440-446 | Infectious Disease Prevention | $ | 200,000 | $ | 200,000 | 73881 | ||||
| GRF | 440-451 | Lab and Public Health Prevention Programs | $ | 6,085,250 | $ | 6,085,250 | 73882 | ||||
| GRF | 440-452 | Child and Family Health Services Match | $ | 1,024,017 | $ | 1,024,017 | 73883 | ||||
| GRF | 440-453 | Health Care Quality Assurance | $ | 10,253,728 | $ | 10,253,728 | 73884 | ||||
| GRF | 440-454 | Local Environmental Health | $ | 889,752 | $ | 889,752 | 73885 | ||||
| GRF | 440-459 | Help Me Grow | $ | 9,323,797 | $ | 9,323,797 | 73886 | ||||
| GRF | 440-461 | Center for Vital and Health Stats | $ | 3,629,535 | $ | 3,629,535 | 73887 | ||||
| GRF | 440-505 | Medically Handicapped Children | $ | 8,791,784 | $ | 8,791,784 | 73888 | ||||
| GRF | 440-507 | Targeted Health Care Services Over 21 | $ | 731,023 | $ | 731,023 | 73889 | ||||
| TOTAL GRF General Revenue Fund | $ | 72,972,016 | $ | 72,972,016 | 73890 | ||||||
| General Services Fund Group | 73891 |
| 142 | 440-618 | Agency Health Services | $ | 2,461,915 | $ | 2,561,915 | 73892 | ||||
| 211 | 440-613 | Central Support Indirect Costs | $ | 26,584,707 | $ | 26,584,707 | 73893 | ||||
| 473 | 440-622 | Lab Operating Expenses | $ | 4,154,045 | $ | 4,154,045 | 73894 | ||||
| 683 | 440-633 | Employee Assistance Program | $ | 1,208,214 | $ | 1,208,214 | 73895 | ||||
| 698 | 440-634 | Nurse Aide Training | $ | 170,000 | $ | 170,000 | 73896 | ||||
| TOTAL GSF General Services | 73897 | ||||||||||
| Fund Group | $ | 34,578,881 | $ | 34,678,881 | 73898 | ||||||
| Federal Special Revenue Fund Group | 73899 |
| 320 | 440-601 | Maternal Child Health Block Grant | $ | 28,779,322 | $ | 29,025,635 | 73900 | ||||
| 387 | 440-602 | Preventive Health Block Grant | $ | 7,755,005 | $ | 7,826,659 | 73901 | ||||
| 389 | 440-604 | Women, Infants, and Children | $ | 219,920,083 | $ | 230,077,451 | 73902 | ||||
| 391 | 440-606 | Medicaid/Medicare | $ | 24,211,198 | $ | 24,850,959 | 73903 | ||||
| 392 | 440-618 | Federal Public Health Programs | $ | 126,678,202 | $ | 127,677,458 | 73904 | ||||
| TOTAL FED Federal Special Revenue | 73905 | ||||||||||
| Fund Group | $ | 407,343,810 | $ | 419,458,162 | 73906 | ||||||
| State Special Revenue Fund Group | 73907 |
| 4D6 | 440-608 | Genetics Services | $ | 2,617,000 | $ | 2,617,000 | 73908 | ||||
| 4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 73909 | ||||
| 4G0 | 440-636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 73910 | ||||
| 4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 73911 | ||||
| 4L3 | 440-609 | Non-Governmental Grants and Awards | $ | 144,119 | $ | 144,119 | 73912 | ||||
| 4T4 | 440-603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 73913 | ||||
| 4V6 | 440-641 | Save Our Sight | $ | 1,767,994 | $ | 1,767,994 | 73914 | ||||
| 470 | 440-618 | Fee Supported Programs | $ | 16,025,194 | $ | 16,025,194 | 73915 | ||||
| 471 | 440-619 | Certificate of Need | $ | 581,572 | $ | 594,572 | 73916 | ||||
| 477 | 440-627 | Medically Handicapped Children Audit | $ | 3,800,000 | $ | 3,693,016 | 73917 | ||||
| 5BL | 440-638 | Healthy Ohioans | $ | 5,000,000 | $ | 0 | 73918 | ||||
| 5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 73919 | ||||
| 5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 73920 | ||||
| 5D6 | 440-620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 73921 | ||||
| 5G4 | 440-639 | Adoption Services | $ | 20,000 | $ | 20,000 | 73922 | ||||
| 5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 617,517 | $ | 617,517 | 73923 | ||||
| 610 | 440-626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 73924 | ||||
| 666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,320,687 | $ | 14,320,687 | 73925 | ||||
| XXX | 440-XXX | Poison Control Centers | $ | 200,000 | $ | 200,000 | 73926 | ||||
| TOTAL SSR State Special Revenue | 73927 | ||||||||||
| Fund Group | $ | 50,572,156 | $ | 45,478,172 | 73928 | ||||||
| Holding Account Redistribution Fund Group | 73929 |
| R14 | 440-631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 73930 | ||||
| R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 73931 | ||||
| TOTAL 090 Holding Account | 73932 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 73933 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 565,556,863 | $ | 572,677,231 | 73934 | ||||||
| Of the foregoing appropriation item 490-403, PASSPORT, up to | 73935 |
| $200,000 in fiscal year 2006 shall be used for the request for | 73936 |
| proposal process, and for the contracting of and the evaluation of | 73937 |
| the PASSORT Program, as required under Section 206.66.66 of this | 73938 |
| act. | 73939 |
| Section 206.42.03. CHILD AND FAMILY HEALTH SERVICES | 73940 |
| Of the foregoing appropriation item 440-416, Child and Family | 73941 |
| Health Services, not more than $1,700,000 in each fiscal year | 73942 |
| shall be used for women's health services. | 73943 |
| Of the foregoing appropriation item 440-416, Child and Family | 73944 |
| Health Services, not more than $270,000 shall be used in each | 73945 |
| fiscal year for the OPTIONS dental care access program. | 73946 |
| Of the foregoing appropriation item 440-416, Child and Family | 73947 |
| Health Services, not more than $900,000 in each fiscal year shall | 73948 |
| be used by federally qualified health centers and federally | 73949 |
| designated look-alikes to provide services to uninsured low-income | 73950 |
| persons. | 73951 |
| Of the foregoing appropriation item 440-416, Child and Family | 73952 |
| Health Services, not more than $500,000 in each fiscal year shall | 73953 |
| be used for abstinence-only education. The Director of Health | 73954 |
| shall develop guidelines for the establishment of abstinence | 73955 |
| programs for teenagers with the purpose of decreasing unplanned | 73956 |
| pregnancies and abortion. The guidelines shall be developed | 73957 |
| pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, | 73958 |
| and shall include, but are not limited to, advertising campaigns | 73959 |
| and direct training in schools and other locations. | 73960 |
| Of the foregoing appropriation item 440-416, Child and Family | 73961 |
| Health Services, $10,000 in each fiscal year shall be allocated to | 73962 |
| the Jewish Community Center in Cleveland, $10,000 in each fiscal | 73963 |
| year shall be allocated to the Jewish Vocational Services in | 73964 |
| Cincinnati, and $10,000 in each fiscal year shall be allocated to | 73965 |
| the Wexner Heritage Village in Columbus for interpreters for | 73966 |
| health care. | 73967 |
| Of the foregoing appropriation item 440-416, Child and Family | 73968 |
| Health Services, $10,000 in each fiscal year shall be provided to | 73969 |
| the Jewish Family Services in Dayton, $5,000 in each fiscal year | 73970 |
| shall be provided to the Jewish Community Center in Akron, $5,000 | 73971 |
| in each fiscal year shall be provided to the Jewish Community | 73972 |
| Center in Sylvania, $2,500 in each fiscal year shall be provided | 73973 |
| to the Jewish Community Center in Youngstown, and $2,500 in each | 73974 |
| fiscal year shall be provided to the Jewish Community Center in | 73975 |
| Canton. | 73976 |
| Section 206.42.06. WOMEN'S HEALTH SERVICES | 73977 |
| None of the funds received through grants for women's health | 73978 |
| services under this section from the foregoing appropriation item | 73979 |
| 440-416, Child and Family Health Services, shall be used to | 73980 |
| provide abortion services. None of the funds received through | 73981 |
| these grants shall be used for counseling for or referrals for | 73982 |
| abortion, except in the case of a medical emergency. These funds | 73983 |
| shall be distributed by the Director of Health to programs that | 73984 |
| the Department of Health determines will provide services that are | 73985 |
| physically and financially separate from abortion-providing and | 73986 |
| abortion-promoting activities, and that do not include counseling | 73987 |
| for or referrals for abortion, other than in the case of medical | 73988 |
| emergency. | 73989 |
| These women's health services include and are limited to the | 73990 |
| following: pelvic examinations and laboratory testing; breast | 73991 |
| examinations and patient education on breast cancer; screening for | 73992 |
| cervical cancer; screening and treatment for Sexually Transmitted | 73993 |
| Diseases (STDs) and HIV screening; voluntary choice of | 73994 |
| contraception, including abstinence and natural family planning; | 73995 |
| patient education and pre-pregnancy counseling on the dangers of | 73996 |
| smoking, alcohol, and drug use during pregnancy; education on | 73997 |
| sexual coercion and violence in relationships; and prenatal care | 73998 |
| or referral for prenatal care. These health care services shall be | 73999 |
| provided by licensed doctors, licensed nurses, licensed medical | 74000 |
| assistants, licensed counselors, and licensed social workers in a | 74001 |
| medical clinic setting. | 74002 |
| The Director of Health shall adopt rules under Chapter 119. | 74003 |
| of the Revised Code specifying reasonable eligibility standards | 74004 |
| that must be met to receive the state funding and provide | 74005 |
| reasonable methods by which a grantee wishing to be eligible for | 74006 |
| federal funding may comply with these requirements for state | 74007 |
| funding without losing its eligibility for federal funding. | 74008 |
| Each applicant for these funds shall provide sufficient | 74009 |
| assurance to the Director of Health of all of the following: | 74010 |
| (A) The program shall not discriminate in the provision of | 74011 |
| services based on an individual's religion, race, national origin, | 74012 |
| handicapping condition, age, sex, number of pregnancies, or | 74013 |
| marital status; | 74014 |
| (B) The program shall provide services without subjecting | 74015 |
| individuals to any coercion to accept services or to employ any | 74016 |
| particular methods of family planning; | 74017 |
| (C) Acceptance of services shall be solely on a voluntary | 74018 |
| basis and may not be made a prerequisite to eligibility for, or | 74019 |
| receipt of, any other service, assistance from, or participation | 74020 |
| in, any other program of the service provider; | 74021 |
| (D) The costs for services provided by the program, if any | 74022 |
| are charged, shall be based on the patient's ability to pay and | 74023 |
| priority in the provision of services shall be given to persons | 74024 |
| from low-income families. | 74025 |
| In distributing these grant funds, the Director of Health | 74026 |
| shall give priority to grant requests from local departments of | 74027 |
| health for women's health services to be provided directly by | 74028 |
| personnel of the local department of health. The Director of | 74029 |
| Health shall issue a single request for proposals for all grants | 74030 |
| under this set-aside. The Director of Health shall send a | 74031 |
| notification of this request for proposals to every local | 74032 |
| department of health in this state and shall place a notification | 74033 |
| on the department's web site. The Director shall allow at least 30 | 74034 |
| days after issuing this notification before closing the period to | 74035 |
| receive applications. | 74036 |
| After the closing date for receiving grant applications, the | 74037 |
| Director of Health shall first consider grant applications from | 74038 |
| local departments of health that apply for grants for women's | 74039 |
| health services to be provided directly by personnel of the local | 74040 |
| department of health. Local departments of health that apply for | 74041 |
| grants for women's health services to be provided directly by | 74042 |
| personnel of the local department of health need not provide all | 74043 |
| the listed women's health services in order to qualify for a | 74044 |
| grant. However, in prioritizing awards among local departments of | 74045 |
| health that qualify for funding under this paragraph, the Director | 74046 |
| of Health may consider, among other reasonable factors, the | 74047 |
| comprehensiveness of the women's health services to be offered, | 74048 |
| provided that no local department of health shall be discriminated | 74049 |
| against in the process of awarding these grant funds because the | 74050 |
| applicant does not provide contraception. | 74051 |
| If funds remain after awarding grants to all local | 74052 |
| departments of health that qualify for the priority, the Director | 74053 |
| of Health may make grants to other applicants. Awards to other | 74054 |
| applicants may be made to those applicants that will offer all | 74055 |
| eight of the listed women's health services or that will offer all | 74056 |
| of the services except contraception. No applicant shall be | 74057 |
| discriminated against in the process of awarding these grant funds | 74058 |
| because the applicant does not provide contraception. | 74059 |
| Section 206.42.09. HIV/AIDS PREVENTION/TREATMENT | 74060 |
| Of the foregoing appropriation item 440-444, AIDS Prevention | 74061 |
| and Treatment, not more than $6.7 million per fiscal year shall be | 74062 |
| used to assist persons with HIV/AIDS in acquiring HIV-related | 74063 |
| medications. | 74064 |
| INFECTIOUS DISEASE PREVENTION | 74065 |
| The foregoing appropriation item 440-446, Infectious Disease | 74066 |
| Prevention, shall be used for the purchase of drugs for sexually | 74067 |
| transmitted diseases. | 74068 |
| HELP ME GROW | 74069 |
| The foregoing appropriation item 440-459, Help Me Grow, shall | 74070 |
| be used by the Department of Health to distribute subsidies to | 74071 |
| counties to implement the Help Me Grow Program. Appropriation item | 74072 |
| 440-459, Help Me Grow, may be used in conjunction with Temporary | 74073 |
| Assistance for Needy Families from the Department of Job and | 74074 |
| Family Services, Early Intervention funding from the Department of | 74075 |
| Mental Retardation and Developmental Disabilities, and in | 74076 |
| conjunction with other early childhood funds and services to | 74077 |
| promote the optimal development of young children. Local contracts | 74078 |
| shall be developed between local departments of job and family | 74079 |
| services and family and children first councils for the | 74080 |
| administration of TANF funding for the Help Me Grow Program. The | 74081 |
| Department of Health shall enter into an interagency agreement | 74082 |
| with the Department of Education, Department of Mental Retardation | 74083 |
| and Developmental Disabilities, Department of Job and Family | 74084 |
| Services, and Department of Mental Health to ensure that all early | 74085 |
| childhood programs and initiatives are coordinated and school | 74086 |
| linked. | 74087 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 74088 |
| In each fiscal year, appropriation item 440-507, Targeted | 74089 |
| Health Care Services Over 21, shall be used to administer the | 74090 |
| cystic fibrosis program and implement the Hemophilia Insurance | 74091 |
| Premium Payment Program. | 74092 |
| MATERNAL CHILD HEALTH BLOCK GRANT | 74093 |
| Of the foregoing appropriation item 440-601, Maternal Child | 74094 |
| Health Block Grant (Fund 320), $2,091,299 shall be used in each | 74095 |
| fiscal year for the purposes of abstinence-only education. The | 74096 |
| Director of Health shall develop guidelines for the establishment | 74097 |
| of abstinence programs for teenagers with the purpose of | 74098 |
| decreasing unplanned pregnancies and abortion. The guidelines | 74099 |
| shall be developed under Title V of the "Social Security Act," 42 | 74100 |
| U.S.C. 510, and shall include, but are not limited to, advertising | 74101 |
| campaigns and direct training in schools and other locations. | 74102 |
| GENETICS SERVICES | 74103 |
| The foregoing appropriation item 440-608, Genetics Services | 74104 |
| (Fund 4D6), shall be used by the Department of Health to | 74105 |
| administer programs authorized by sections 3701.501 and 3701.502 | 74106 |
| of the Revised Code. None of these funds shall be used to counsel | 74107 |
| or refer for abortion, except in the case of a medical emergency. | 74108 |
| SAFETY AND QUALITY OF CARE STANDARDS | 74109 |
| The Department of Health may use Fund 471, Certificate of | 74110 |
| Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 74111 |
| the Revised Code in each fiscal year. | 74112 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 74113 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 74114 |
| shall receive revenue from audits of hospitals and recoveries from | 74115 |
| third-party payers. Moneys may be expended for payment of audit | 74116 |
| settlements and for costs directly related to obtaining recoveries | 74117 |
| from third-party payers and for encouraging Medically Handicapped | 74118 |
| Children's Program recipients to apply for third-party benefits. | 74119 |
| Moneys also may be expended for payments for diagnostic and | 74120 |
| treatment services on behalf of medically handicapped children, as | 74121 |
| defined in division (A) of section 3701.022 of the Revised Code, | 74122 |
| and Ohio residents who are twenty-one or more years of age and who | 74123 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 74124 |
| be expended for administrative expenses incurred in operating the | 74125 |
| Medically Handicapped Children's Program. | 74126 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 74127 |
| PERMIT FUND | 74128 |
| The Director of Budget and Management, pursuant to a plan | 74129 |
| submitted by the Department of Health, or as otherwise determined | 74130 |
| by the Director of Budget and Management, shall set a schedule to | 74131 |
| transfer cash from the Liquor Control Fund (Fund 043) to the | 74132 |
| Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 74133 |
| needs of the Alcohol Testing and Permit program. | 74134 |
| The Director of Budget and Management shall transfer to the | 74135 |
| Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 74136 |
| Fund (Fund 043) created in section 4301.12 of the Revised Code | 74137 |
| such amounts at such times as determined by the transfer schedule. | 74138 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 74139 |
| The foregoing appropriation item 440-607, Medically | 74140 |
| Handicapped Children - County Assessments (Fund 666), shall be | 74141 |
| used to make payments under division (E) of section 3701.023 of | 74142 |
| the Revised Code. | 74143 |
| Section 206.42.12. MEDICALLY HANDICAPPED CHILDREN - FUTURE | 74144 |
| FUNDING | 74145 |
| (A) There is hereby created the Legislative Committee on the | 74146 |
| Future Funding of the Bureau for Children with Medical Handicaps. | 74147 |
| The Speaker of the House of Representatives shall appoint three | 74148 |
| members of the House of Representatives, not more than two of whom | 74149 |
| shall belong to the same political party as the Speaker. The | 74150 |
| President of the Senate shall appoint three members of the Senate, | 74151 |
| not more than two of whom shall belong to the same political party | 74152 |
| as the President. The Speaker of the House of Representatives and | 74153 |
| the President of the Senate shall each appoint one member of the | 74154 |
| general public who suffers from a disease or disorder covered by | 74155 |
| the Program for Medically Handicapped Children (otherwise known as | 74156 |
| the Bureau for Children with Medical Handicaps) in the Ohio | 74157 |
| Department of Health. The Governor shall appoint two members of | 74158 |
| the general public who suffer from a disease or disorder covered | 74159 |
| by the Program. The following also shall serve on the Committee: | 74160 |
| (1) The Director of Health, or the Director's designee; | 74161 |
| (2) The Director of Budget and Management, or the Director's | 74162 |
| designee; | 74163 |
| (3) The Superintendent of Insurance, or the Superintendent's | 74164 |
| designee; | 74165 |
| (4) The Director of Job and Family Services, or the | 74166 |
| Director's designee; | 74167 |
| (5) One person designated by the County Commissioners | 74168 |
| Association of Ohio; | 74169 |
| (6) One person designated by the Ohio Children's Hospital | 74170 |
| Association; | 74171 |
| (7) One person designated by the Ohio Association of Health | 74172 |
| Plans; | 74173 |
| (8) One person designated by the American Academy of | 74174 |
| Pediatrics. | 74175 |
| Members of the Committee shall elect a chairperson. A | 74176 |
| majority of the members of the Committee constitutes a quorum for | 74177 |
| the conduct of Committee meetings. | 74178 |
| (B) Members of the Committee shall receive no compensation. | 74179 |
| (C) The Committee shall do all of the following: | 74180 |
| (1) Examine the current status of the Program and recommend | 74181 |
| best practices to be used in assisting working parents who have | 74182 |
| children with special health needs; | 74183 |
| (2) Review all existing statutes and rules in Ohio pertaining | 74184 |
| to the Program; | 74185 |
| (3) Review payment strategies in other states that facilitate | 74186 |
| adequate care for children with chronic conditions and support | 74187 |
| their families; | 74188 |
| (4) Review all funding sources for the Program, including | 74189 |
| funding received from county levies, the General Revenue Fund and | 74190 |
| other state-based sources, and the Maternal and Child Health Block | 74191 |
| Grant of Title V of the "Social Security Act," 40 Stat. 620 | 74192 |
| (1935), 42 U.S.C. 301; | 74193 |
| (5) Request testimony from parents of children with special | 74194 |
| health needs and the children themselves and from health care | 74195 |
| professionals and other individuals who provide services to Bureau | 74196 |
| patients; | 74197 |
| (D) Not later than December 31, 2005, the Committee shall | 74198 |
| make recommendations and submit a report to the Governor, the | 74199 |
| President and Minority Leader of the Senate, and the Speaker and | 74200 |
| Minority Leader of the House of Representatives. The report shall | 74201 |
| include an analysis of the current system of services covered by | 74202 |
| the Program and may include determinations and recommendations | 74203 |
| regarding how the state can best address the current and future | 74204 |
| needs of patients served by the Program. On submission of the | 74205 |
| report, the Committee shall cease to exist. | 74206 |
| Section 206.42.13. REVISION OF RULES GOVERNING PROGRAM FOR | 74207 |
| MEDICALLY HANDICAPPED CHILDREN | 74208 |
| Not later than December 1, 2005, the Public Health Council | 74209 |
| shall revise rule 3701-43-16 of the Administrative Code regarding | 74210 |
| financial eligibility for payment for treatment under the Program | 74211 |
| for Medically Handicapped Children. As part of the revision, the | 74212 |
| Public Health Council shall return the financial eligibility | 74213 |
| levels for fiscal years 2006 and 2007 to the levels in effect | 74214 |
| prior to October 13, 2003. | 74215 |
| Section 206.42.16. NURSING FACILITY TECHNICAL ASSISTANCE | 74216 |
| PROGRAM | 74217 |
| The Director of Budget and Management shall transfer, by | 74218 |
| intrastate transfer voucher, each fiscal year, cash from Fund 4E3, | 74219 |
| Resident Protection Fund, in the Ohio Department of Job and Family | 74220 |
| Services, to Fund 5L1, Nursing Facility Technical Assistance | 74221 |
| Program Fund, in the Ohio Department of Health, to be used under | 74222 |
| section 3721.026 of the Revised Code. The transfers shall equal | 74223 |
| $183,843 in fiscal year 2006 and $617,517 in fiscal year 2007. | 74224 |
| Section 206.42.19. TRANSFER FROM STATE FIRE MARSHAL'S FUND | 74225 |
| (FUND 546) TO THE POISON CONTROL FUND (FUND XXX) IN THE DEPARTMENT | 74226 |
| OF HEALTH | 74227 |
| Notwithstanding section 3737.71 of the Revised Code, on July | 74228 |
| 1, 2005, or as soon as possible thereafter, the Director of Budget | 74229 |
| and Management shall transfer $200,000 cash from the State Fire | 74230 |
| Marshal's Fund (Fund 546) in the Department of Commerce to the | 74231 |
| Poison Control Fund (Fund XXX) in the Department of Health, which | 74232 |
| is hereby created. Notwithstanding section 3737.71 of the Revised | 74233 |
| Code, on July 1, 2006, or as soon as possible thereafter, the | 74234 |
| Director of Budget and Management shall transfer $200,000 cash | 74235 |
| from the State Fire Marshal's Fund (Fund 546) in the Department of | 74236 |
| Commerce to the Poison Control Fund (Fund XXX) in the Department | 74237 |
| of Health. | 74238 |
| POISON CONTROL CENTERS | 74239 |
| Of the foregoing appropriation item 440-XXX, Poison Control | 74240 |
| Centers, in each fiscal year, the poison control centers in the | 74241 |
| municipal corporations of Cleveland, Cincinnati, Columbus, and | 74242 |
| Dayton shall each be awarded a grant of $50,000. | 74243 |
| Section 206.45. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 74244 |
| Agency Fund Group | 74245 |
| 461 | 372-601 | Operating Expenses | $ | 16,819 | $ | 16,819 | 74246 | ||||
| TOTAL AGY Agency Fund Group | $ | 16,819 | $ | 16,819 | 74247 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,819 | $ | 16,819 | 74248 | ||||||
| Section 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 74250 |
| General Revenue Fund | 74251 |
| GRF | 148-100 | Personal Services | $ | 145,880 | $ | 145,880 | 74252 | ||||
| GRF | 148-200 | Maintenance | $ | 35,901 | $ | 35,901 | 74253 | ||||
| TOTAL GRF General Revenue Fund | $ | 181,781 | $ | 181,781 | 74254 | ||||||
| General Services Fund Group | 74255 |
| 601 | 148-602 | Gifts and Miscellaneous | $ | 5,000 | $ | 5,000 | 74256 | ||||
| TOTAL GSF General Services | 74257 | ||||||||||
| Fund Group | $ | 5,000 | $ | 5,000 | 74258 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 186,781 | $ | 186,781 | 74259 | ||||||
| Section 206.51. OHS OHIO HISTORICAL SOCIETY | 74261 |
| General Revenue Fund | 74262 |
| GRF | 360-501 | Operating Subsidy | $ | 3,288,274 | $ | 3,288,274 | 74263 | ||||
| GRF | 360-502 | Site Operations | $ | 8,138,725 | $ | 8,138,725 | 74264 | ||||
| GRF | 360-504 | Ohio Preservation Office | $ | 281,041 | $ | 281,041 | 74265 | ||||
| GRF | 360-505 | Afro-American Museum | $ | 754,884 | $ | 754,884 | 74266 | ||||
| GRF | 360-506 | Hayes Presidential Center | $ | 509,231 | $ | 509,231 | 74267 | ||||
| GRF | 360-508 | Historical Grants | $ | 410,000 | $ | 210,000 | 74268 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,382,155 | $ | 13,182,155 | 74269 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,382,155 | $ | 13,182,155 | 74270 | ||||||
| SUBSIDY APPROPRIATION | 74271 |
| Upon approval by the Director of Budget and Management, the | 74272 |
| foregoing appropriation items shall be released to the Ohio | 74273 |
| Historical Society in quarterly amounts that in total do not | 74274 |
| exceed the annual appropriations. The funds and fiscal records of | 74275 |
| the society for fiscal years 2006 and 2007 shall be examined by | 74276 |
| independent certified public accountants approved by the Auditor | 74277 |
| of State, and a copy of the audited financial statements shall be | 74278 |
| filed with the Office of Budget and Management. The society shall | 74279 |
| prepare and submit to the Office of Budget and Management the | 74280 |
| following: | 74281 |
| (A) An estimated operating budget for each fiscal year of the | 74282 |
| biennium. The operating budget shall be submitted at or near the | 74283 |
| beginning of each calendar year. | 74284 |
| (B) Financial reports, indicating actual receipts and | 74285 |
| expenditures for the fiscal year to date. These reports shall be | 74286 |
| filed at least semiannually during the fiscal biennium. | 74287 |
| The foregoing appropriations shall be considered to be the | 74288 |
| contractual consideration provided by the state to support the | 74289 |
| state's offer to contract with the Ohio Historical Society under | 74290 |
| section 149.30 of the Revised Code. | 74291 |
| HAYES PRESIDENTIAL CENTER | 74292 |
| If a United States government agency, including, but not | 74293 |
| limited to, the National Park Service, chooses to take over the | 74294 |
| operations or maintenance of the Hayes Presidential Center, in | 74295 |
| whole or in part, the Ohio Historical Society shall make | 74296 |
| arrangements with the National Park Service or other United States | 74297 |
| government agency for the efficient transfer of operations or | 74298 |
| maintenance. | 74299 |
| HISTORICAL GRANTS | 74300 |
| Of the foregoing appropriation item 360-508, Historical | 74301 |
| Grants, $100,000 in each fiscal year shall be distributed to the | 74302 |
| Western Reserve Historical Society in Cleveland. | 74303 |
| HISTORICAL GRANTS | 74304 |
| Of the foregoing appropriation item 360-508, Historical | 74305 |
| Grants, $100,000 in fiscal year 2006 shall be distributed to the | 74306 |
| Great Lakes Historical Society in Vermilion. | 74307 |
| HISTORICAL GRANTS | 74308 |
| Of the foregoing appropriation item 360-508, Historical | 74309 |
| Grants, $75,000 in each fiscal year shall be distributed to the | 74310 |
| Hebrew Union College in Cincinnati for the Center for Holocaust | 74311 |
| and Humanity Education. | 74312 |
| HISTORICAL GRANTS | 74313 |
| Of the foregoing appropriation item 360-508, Historical | 74314 |
| Grants, $100,000 in fiscal year 2006 shall be distributed to the | 74315 |
| Harbor Heritage Society Steamship Mather in Cleveland. | 74316 |
| HISTORICAL GRANTS | 74317 |
| Of the foregoing appropriation item 360-508, Historical | 74318 |
| Grants, $35,000 in each fiscal year shall be distributed to the | 74319 |
| Castle Farm project in the City of Mason. | 74320 |
| Section 206.54. REP OHIO HOUSE OF REPRESENTATIVES | 74321 |
| General Revenue Fund | 74322 |
| GRF | 025-321 | Operating Expenses | $ | 20,169,168 | $ | 20,370,859 | 74323 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,169,168 | $ | 20,370,859 | 74324 | ||||||
| General Services Fund Group | 74325 |
| 103 | 025-601 | House Reimbursement | $ | 1,419,469 | $ | 1,419,469 | 74326 | ||||
| 4A4 | 025-602 | Miscellaneous Sales | $ | 37,474 | $ | 37,474 | 74327 | ||||
| TOTAL GSF General Services | 74328 | ||||||||||
| Fund Group | $ | 1,456,943 | $ | 1,456,943 | 74329 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,626,111 | $ | 21,827,802 | 74330 | ||||||
| OPERATING EXPENSES | 74331 |
| On July 1, 2005, or as soon as possible thereafter, the Chief | 74332 |
| Administrative Officer of the House of Representatives shall | 74333 |
| certify to the Director of Budget and Management the total fiscal | 74334 |
| year 2005 unencumbered appropriations in appropriation item | 74335 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 74336 |
| direct the Director of Budget and Management to transfer an amount | 74337 |
| not to exceed the total fiscal year 2005 unencumbered | 74338 |
| appropriations to fiscal year 2006 for use within appropriation | 74339 |
| item 025-321, Operating Expenses. Additional appropriation | 74340 |
| authority equal to the amount certified by the Chief | 74341 |
| Administrative Officer is hereby appropriated to appropriation | 74342 |
| item 025-321, Operating Expenses, in fiscal year 2006. | 74343 |
| On July 1, 2006, or as soon as possible thereafter, the Chief | 74344 |
| Administrative Officer of the House of Representatives shall | 74345 |
| certify to the Director of Budget and Management the total fiscal | 74346 |
| year 2006 unencumbered appropriations in appropriation item | 74347 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 74348 |
| direct the Director of Budget and Management to transfer an amount | 74349 |
| not to exceed the total fiscal year 2006 unencumbered | 74350 |
| appropriations to fiscal year 2007 for use within appropriation | 74351 |
| item 025-321, Operating Expenses. Additional appropriation | 74352 |
| authority equal to the amount certified by the Chief | 74353 |
| Administrative Officer is hereby appropriated to appropriation | 74354 |
| item 025-321, Operating Expenses, in fiscal year 2007. | 74355 |
| Section 206.57. HFA OHIO HOUSING FINANCE AGENCY | 74356 |
| General Services Fund Group | 74357 |
| 5AZ | 997-601 | Housing Finance Agency Personal Services | $ | 8,100,000 | $ | 8,100,000 | 74358 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,100,000 | $ | 8,100,000 | 74359 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,100,000 | $ | 8,100,000 | 74360 | ||||||
| Section 206.60. IGO OFFICE OF THE INSPECTOR GENERAL | 74362 |
| General Revenue Fund | 74363 |
| GRF | 965-321 | Operating Expenses | $ | 800,868 | $ | 829,085 | 74364 | ||||
| TOTAL GRF General Revenue Fund | $ | 800,868 | $ | 829,085 | 74365 | ||||||
| General Services Fund Group | 74366 |
| 4Z3 | 965-602 | Special Investigations | $ | 100,000 | $ | 100,000 | 74367 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 74368 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 900,868 | $ | 929,085 | 74369 | ||||||
| SPECIAL INVESTIGATIONS | 74370 |
| Of the foregoing appropriation item 965-602, Special | 74371 |
| Investigations, up to $100,000 in each fiscal year may be used for | 74372 |
| investigative costs, pursuant to section 121.481 of the Revised | 74373 |
| Code. | 74374 |
| Section 206.63. INS DEPARTMENT OF INSURANCE | 74375 |
| Federal Special Revenue Fund Group | 74376 |
| 3U5 | 820-602 | OSHIIP Operating Grant | $ | 1,080,000 | $ | 1,080,000 | 74377 | ||||
| TOTAL FED Federal Special | 74378 | ||||||||||
| Revenue Fund Group | $ | 1,080,000 | $ | 1,080,000 | 74379 | ||||||
| State Special Revenue Fund Group | 74380 |
| 554 | 820-601 | Operating Expenses - OSHIIP | $ | 564,754 | $ | 571,772 | 74381 | ||||
| 554 | 820-606 | Operating Expenses | $ | 22,654,232 | $ | 22,832,214 | 74382 | ||||
| 555 | 820-605 | Examination | $ | 7,639,581 | $ | 7,639,581 | 74383 | ||||
| TOTAL SSR State Special Revenue | 74384 | ||||||||||
| Fund Group | $ | 30,858,567 | $ | 31,043,567 | 74385 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 31,938,567 | $ | 32,123,567 | 74386 | ||||||
| MARKET CONDUCT EXAMINATION | 74387 |
| When conducting a market conduct examination of any insurer | 74388 |
| doing business in this state, the Superintendent of Insurance may | 74389 |
| assess the costs of the examination against the insurer. The | 74390 |
| superintendent may enter into consent agreements to impose | 74391 |
| administrative assessments or fines for conduct discovered that | 74392 |
| may be violations of statutes or rules administered by the | 74393 |
| superintendent. All costs, assessments, or fines collected shall | 74394 |
| be deposited to the credit of the Department of Insurance | 74395 |
| Operating Fund (Fund 554). | 74396 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 74397 |
| The Director of Budget and Management, at the request of the | 74398 |
| Superintendent of Insurance, may transfer funds from the | 74399 |
| Department of Insurance Operating Fund (Fund 554), created by | 74400 |
| section 3901.021 of the Revised Code, to the Superintendent's | 74401 |
| Examination Fund (Fund 555), created by section 3901.071 of the | 74402 |
| Revised Code, only for expenses incurred in examining domestic | 74403 |
| fraternal benefit societies as required by section 3921.28 of the | 74404 |
| Revised Code. | 74405 |
| Section 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 74406 |
| General Revenue Fund | 74407 |
| GRF | 600-321 | Support Services | 74408 | ||||||||
| State | $ | 62,797,907 | $ | 60,065,397 | 74409 | ||||||
| Federal | $ | 8,114,493 | $ | 8,454,541 | 74410 | ||||||
| Support Services Total | $ | 70,912,400 | $ | 68,519,938 | 74411 | ||||||
| GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 74412 | ||||
| GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 74413 | ||||
| GRF | 600-416 | Computer Projects | 74414 | ||||||||
| State | $ | 114,516,710 | $ | 117,226,021 | 74415 | ||||||
| Federal | $ | 37,579,198 | $ | 34,255,465 | 74416 | ||||||
| Computer Projects Total | $ | 152,095,908 | $ | 151,481,486 | 74417 | ||||||
| GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | 74418 | ||||
| GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | 74419 | ||||
| GRF | 600-423 | Office of Children and Families | $ | 5,408,020 | $ | 5,431,690 | 74420 | ||||
| GRF | 600-442 | Public Assistance Reconciliation | $ | 30,000,000 | $ | 30,000,000 | 74421 | ||||
| GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | 74422 | ||||
| GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | 74423 | ||||
| GRF | 600-512 | Non-TANF Disaster Assistance | $ | 1,000,000 | $ | 1,000,000 | 74424 | ||||
| GRF | 600-521 | Entitlement Administration - Local | $ | 151,206,401 | $ | 151,206,401 | 74425 | ||||
| GRF | 600-523 | Children and Families Subsidy | $ | 69,438,543 | $ | 69,438,543 | 74426 | ||||
| GRF | 600-528 | Adoption Services | 74427 | ||||||||
| State | $ | 33,698,298 | $ | 35,516,130 | 74428 | ||||||
| Federal | $ | 40,331,807 | $ | 43,022,485 | 74429 | ||||||
| Adoption Services Total | $ | 74,030,105 | $ | 78,538,615 | 74430 | ||||||
| TOTAL GRF General Revenue Fund | 74431 | ||||||||||
| State | $ | 874,415,388 | $ | 876,233,691 | 74432 | ||||||
| Federal | $ | 86,025,498 | $ | 85,732,491 | 74433 | ||||||
| GRF Total | $ | 960,440,886 | $ | 961,966,182 | 74434 | ||||||
| General Services Fund Group | 74435 |
| 4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 74436 | ||||
| 4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 74437 | ||||
| 5C9 | 600-671 | Medicaid Program Support | $ | 73,015,021 | $ | 63,947,536 | 74438 | ||||
| 5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 74439 | ||||
| 613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 74440 | ||||
| TOTAL GSF General Services | 74441 | ||||||||||
| Fund Group | $ | 100,867,789 | $ | 91,800,304 | 74442 | ||||||
| Federal Special Revenue Fund Group | 74443 |
| 3AW | 600-675 | Faith Based Initiatives | $ | 750,000 | $ | 750,000 | 74444 | ||||
| 3A2 | 600-641 | Emergency Food Distribution | $ | 2,600,000 | $ | 2,800,000 | 74445 | ||||
| 3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 74446 | ||||
| 3F0 | 600-623 | Health Care Federal | $ | 592,984,408 | $ | 729,752,692 | 74447 | ||||
| 3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 74448 | ||||
| 3G5 | 600-655 | Interagency Reimbursement | $ | 1,364,802,369 | $ | 1,426,954,440 | 74449 | ||||
| 3H7 | 600-617 | Child Care Federal | $ | 208,000,000 | $ | 208,000,000 | 74450 | ||||
| 3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 74451 | ||||
| 3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 74452 | ||||
| 3V0 | 600-688 | Workforce Investment Act | $ | 208,322,037 | $ | 208,097,948 | 74453 | ||||
| 3V4 | 600-678 | Federal Unemployment Programs | $ | 153,435,545 | $ | 157,202,750 | 74454 | ||||
| 3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,829,430 | $ | 3,800,573 | 74455 | ||||
| 3V6 | 600-689 | TANF Block Grant | $ | 756,604,142 | $ | 781,983,200 | 74456 | ||||
| 3W3 | 600-659 | TANF/Title XX Transfer | $ | 8,000,000 | $ | 5,400,000 | 74457 | ||||
| 327 | 600-606 | Child Welfare | $ | 33,160,190 | $ | 33,090,786 | 74458 | ||||
| 331 | 600-686 | Federal Operating | $ | 43,966,134 | $ | 44,929,546 | 74459 | ||||
| 384 | 600-610 | Food Stamps and State Administration | $ | 188,238,706 | $ | 181,250,799 | 74460 | ||||
| 385 | 600-614 | Refugee Services | $ | 5,683,829 | $ | 5,742,439 | 74461 | ||||
| 395 | 600-616 | Special Activities/Child and Family Services | $ | 4,567,112 | $ | 4,564,877 | 74462 | ||||
| 396 | 600-620 | Social Services Block Grant | $ | 120,993,012 | $ | 121,004,222 | 74463 | ||||
| 397 | 600-626 | Child Support | $ | 287,468,576 | $ | 287,468,576 | 74464 | ||||
| 398 | 600-627 | Adoption Maintenance/ Administration | $ | 314,639,519 | $ | 314,639,519 | 74465 | ||||
| TOTAL FED Federal Special Revenue | 74466 | ||||||||||
| Fund Group | $ | 4,797,821,772 | $ | 5,017,209,130 | 74467 | ||||||
| State Special Revenue Fund Group | 74468 |
| 198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 74469 | ||||
| 4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 10,811,527 | $ | 10,811,527 | 74470 | ||||
| 4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | 74471 | ||||
| 4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 74472 | ||||
| 4E7 | 600-604 | Child and Family Services Collections | $ | 300,000 | $ | 300,000 | 74473 | ||||
| 4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 61,420 | $ | 61,420 | 74474 | ||||
| 4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 74475 | ||||
| 4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 74476 | ||||
| 4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,074,255 | $ | 20,064,131 | 74477 | ||||
| 4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 74478 | ||||
| 4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 74479 | ||||
| 5AA | 600-673 | Ohio's Best Rx Administration | $ | 5,000,000 | $ | 5,000,000 | 74480 | ||||
| 5BE | 600-693 | Child Support Operating | $ | 5,000,000 | $ | 5,000,000 | 74481 | ||||
| 5BG | 600-653 | Managed Care Assessment | $ | 18,795,483 | $ | 99,410,121 | 74482 | ||||
| 5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 74483 | ||||
| 5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 74484 | ||||
| 5P5 | 600-692 | Health Care Services | $ | 828,587,776 | $ | 538,301,761 | 74485 | ||||
| 5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 74486 | ||||
| 5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 144,829,224 | $ | 148,314,982 | 74487 | ||||
| 5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 74488 | ||||
| 5U3 | 600-654 | Health Care Services Administration | $ | 10,115,870 | $ | 15,474,709 | 74489 | ||||
| 5U6 | 600-663 | Children and Family Support | $ | 4,929,717 | $ | 4,929,717 | 74490 | ||||
| 5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 647,409 | $ | 688,421 | 74491 | ||||
| 651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 74492 | ||||
| TOTAL SSR State Special Revenue | 74493 | ||||||||||
| Fund Group | $ | 1,415,893,936 | $ | 1,215,098,044 | 74494 | ||||||
| Agency Fund Group | 74495 |
| 192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 74496 | ||||
| 5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 74497 | ||||
| 583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 74498 | ||||
| TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 74499 | ||||||
| Holding Account Redistribution Fund Group | 74500 |
| R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 74501 | ||||
| R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 74502 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 74503 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,406,634,383 | $ | 7,417,683,660 | 74504 | ||||||
| Section 206.66.03. APPROPRIATION ITEM RESTRUCTURING | 74506 |
| (A) If the Directors of Job and Family Services and Budget | 74507 |
| and Management agree, the Director of Budget and Management may, | 74508 |
| in fiscal years 2006 and 2007, reduce appropriations in | 74509 |
| appropriation items 600-321, Support Services, and 600-416, | 74510 |
| Computer Projects, by amounts equal to the federal share in each | 74511 |
| appropriation item. The total amount by which these appropriation | 74512 |
| items are reduced in accordance with this division is hereby | 74513 |
| appropriated to appropriation item 600-651, Federal General | 74514 |
| Operating (Fund 3AX). | 74515 |
| (B) The Department of Job and Family Services may submit to | 74516 |
| the Office of Budget and Management a plan to realign | 74517 |
| appropriation items 600-321, Support Services, and 600-416, | 74518 |
| Computer Projects. The plan may include a request for the Director | 74519 |
| of Budget and Management to transfer appropriations from | 74520 |
| appropriation items 600-321, Support Services, and 600-416, | 74521 |
| Computer Projects, to any other General Revenue Fund appropriation | 74522 |
| items in Section 312.03 of this act. If the plan is approved by | 74523 |
| the Office of Budget and Management, the Director of Budget and | 74524 |
| Management shall transfer appropriations as requested in the plan. | 74525 |
| Dollars spent pursuant to appropriations transferred in accordance | 74526 |
| with this division shall be for the same purposes for which the | 74527 |
| original appropriations were made. | 74528 |
| (C) In fiscal year 2007, the Department of Job and Family | 74529 |
| Services, with the approval of the Office of Budget and | 74530 |
| Management, shall utilize a method for determining the payments | 74531 |
| from applicable appropriation items into the Support Services | 74532 |
| State Operating Fund (Fund 230). The method shall contain | 74533 |
| characteristics of administrative ease and uniform application. | 74534 |
| Payments to the Support Services State Operating Fund (Fund 230) | 74535 |
| shall be made by intrastate transfer voucher. Amounts transferred | 74536 |
| in accordance with this division are hereby appropriated to | 74537 |
| appropriation item 600-661, Support Services State Operating (Fund | 74538 |
| 230). | 74539 |
| Section 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND | 74540 |
| COMMUNITY INITIATIVES | 74541 |
| Of the foregoing appropriation item 600-321, Support | 74542 |
| Services, up to $312,500 per fiscal year may be used to support | 74543 |
| the activities of the Governor's Office of Faith-Based and | 74544 |
| Community Initiatives. | 74545 |
| Section 206.66.09. TANF OHIO WORKS FIRST CASH ASSISTANCE | 74546 |
| PAYMENTS | 74547 |
| The Department of Job and Family Services shall use a portion | 74548 |
| of the moneys appropriated for the TANF program in appropriation | 74549 |
| items 600-410, TANF State; 600-658, Child Support Collections; and | 74550 |
| 600-689, TANF Block Grant, to increase the cash assistance | 74551 |
| provided to recipients of benefits under the TANF Ohio Works First | 74552 |
| program by up to 10 per cent as compared to the cash assistance | 74553 |
| provided prior to July 1, 2005. The increased TANF cash assistance | 74554 |
| benefit shall be effective October 1, 2005. | 74555 |
| Section 206.66.12. OHIO'S BEST RX START-UP COSTS | 74556 |
| An amount equal to the remaining balance in appropriation | 74557 |
| item 600-440, Ohio's Best Rx Start-Up Costs, from fiscal year 2005 | 74558 |
| is hereby appropriated for fiscal year 2006 into appropriation | 74559 |
| item 600-440, Ohio's Best Rx Start-Up Costs. An amount equal to | 74560 |
| the remaining unencumbered balance in appropriation item 600-440, | 74561 |
| Ohio's Best Rx Start-Up Costs, from fiscal year 2006 is hereby | 74562 |
| appropriated for fiscal year 2007 into appropriation item 600-440, | 74563 |
| Ohio's Best Rx Start-up Costs. The appropriation item 600-440, | 74564 |
| Ohio's Best Rx Start-Up Costs, shall be used by the Department of | 74565 |
| Job and Family Services to pay for the administrative and | 74566 |
| operational expenses for the Ohio's Best Rx Program in accordance | 74567 |
| with Chapter 5110. of the Revised Code, including costs associated | 74568 |
| with the duties assigned by the Department to the Ohio's Best Rx | 74569 |
| Program Administrator and for making payments to participating | 74570 |
| terminal distributors until sufficient cash exists to make | 74571 |
| payments from the accounts created in sections 5110.32 and 5110.33 | 74572 |
| of the Revised Code. Of appropriation item 600-440, Ohio's Best Rx | 74573 |
| Start-Up Costs, not more than $750,000 per fiscal year may be used | 74574 |
| by the department for administrative and operational costs, | 74575 |
| excluding outreach, that are not associated with the Ohio's Best | 74576 |
| Rx Program Administrator or the payments to participating terminal | 74577 |
| distributors. | 74578 |
| If the Director of Job and Family Services estimates that the | 74579 |
| appropriation is insufficient to fully cover start-up costs, the | 74580 |
| Director shall, in consultation with the Director of Budget and | 74581 |
| Management, submit a letter to the Governor, President of the | 74582 |
| Senate, Speaker of the House of Representatives, and the minority | 74583 |
| leaders of the Senate and House of Representatives. The letter | 74584 |
| shall declare the additional appropriation estimated to be needed | 74585 |
| and shall show a breakdown of how the additional appropriation | 74586 |
| will be used. The Director of Job and Family Services shall obtain | 74587 |
| the approval of the Controlling Board for any supplemental | 74588 |
| appropriation, if required. The amount approved by the Controlling | 74589 |
| Board is hereby appropriated. The use of state funds for program | 74590 |
| costs as provided in this section shall in no way obligate the | 74591 |
| state to fund further program costs, as the program is a discount | 74592 |
| program, not an entitlement program. | 74593 |
| OHIO'S BEST RX ADMINISTRATION | 74594 |
| The foregoing appropriation item 600-673, Ohio's Best Rx | 74595 |
| Administration, shall be used on an ongoing basis to cover | 74596 |
| expenses associated with the Ohio's Best Rx Program defined in | 74597 |
| section 5110.33 of the Revised Code. If receipts to the fund | 74598 |
| exceed the appropriated amount, the Director of Job and Family | 74599 |
| Services may request that the Director of Budget and Management | 74600 |
| increase the appropriation of this fund. Upon approval from the | 74601 |
| Director of Budget and Management, the additional amounts are | 74602 |
| hereby appropriated. | 74603 |
| Section 206.66.15. PUBLIC ASSISTANCE RECONCILIATION | 74604 |
| The Director of Job and Family Services may transfer, by | 74605 |
| intrastate transfer voucher, from GRF appropriation item 600-442, | 74606 |
| Public Assistance Reconciliation, up to $30,000,000 in fiscal year | 74607 |
| 2006 and up to $30,000,000 in fiscal year 2007, to the Public | 74608 |
| Assistance Reconciliation Fund (Fund 5AX), to be used by the | 74609 |
| Department of Job and Family Services to reimburse Ohio's federal | 74610 |
| TANF block grant according to the process agreed to by the | 74611 |
| Department and the federal government. Such amounts are hereby | 74612 |
| appropriated. | 74613 |
| Section 206.66.21. TANF TRANSFERS | 74614 |
| (A) Notwithstanding any provision of law to the contrary, | 74615 |
| through June 30, 2007, if the Director of Budget and Management | 74616 |
| determines that the estimated ending fund balance of the General | 74617 |
| Revenue Fund will be greater than the amounts assumed in this act | 74618 |
| for either fiscal year, the director may transfer the excess | 74619 |
| balance, up to a total of $96,000,000 to Fund 5AX, Public | 74620 |
| Assistance Reconciliation Fund, to pay the state's outstanding | 74621 |
| TANF liability to the federal government. Upon transfer, these | 74622 |
| amounts are hereby appropriated. This division does not apply to | 74623 |
| division (A) of Section 312.09, Budget Stabilization Fund | 74624 |
| Transfers, of this act. | 74625 |
| (B) In executing division (A) of this section and division | 74626 |
| (A) of Section 312.09, Budget Stabilization Fund Transfers, it is | 74627 |
| intended that these divisions be applied and construed so that | 74628 |
| both of the transfers authorized under these divisions may be made | 74629 |
| through June 30, 2007. | 74630 |
| Section 206.66.27. FISCAL YEAR 2006 AND FISCAL YEAR 2007 | 74631 |
| MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES | 74632 |
| (A) As used in this section: | 74633 |
| "2003 cost report" means a complete and adequate Medicaid | 74634 |
| cost report covering calendar year 2003 filed with the Department | 74635 |
| of Job and Family Services under section 5111.23 of the Revised | 74636 |
| Code. | 74637 |
| "Nursing facility" has the same meaning as in section 5111.20 | 74638 |
| of the Revised Code. | 74639 |
| "Nursing facility services" means nursing facility services | 74640 |
| covered by the Medicaid program that a nursing facility provides | 74641 |
| to a resident of the nursing facility who is a Medicaid recipient | 74642 |
| eligible for Medicaid-covered nursing facility services. | 74643 |
| (B) Except as provided in division (C) of this section, a | 74644 |
| nursing facility that has a valid Medicaid provider agreement on | 74645 |
| June 30, 2005, and a valid Medicaid provider agreement for fiscal | 74646 |
| years 2006 and 2007 shall be paid, for nursing facility services | 74647 |
| the nursing facility provides during fiscal years 2006 and 2007, | 74648 |
| the rate the nursing facility is paid for providing nursing | 74649 |
| facility services on June 30, 2005. | 74650 |
| (C) If a nursing facility undergoes a change of provider | 74651 |
| during fiscal year 2006 or 2007, the nursing facility shall be | 74652 |
| paid, for nursing facility services the nursing facility provides | 74653 |
| during the period beginning on the effective date of the change of | 74654 |
| provider and ending June 30, 2007, the rate paid to the previous | 74655 |
| provider for nursing facility services that the previous provider | 74656 |
| provided on the day immediately before the effective date of the | 74657 |
| change of provider. | 74658 |
| (D) If, during fiscal year 2006 or 2007, a nursing facility | 74659 |
| obtains certification as a nursing facility from the Director of | 74660 |
| Health and begins participation in the Medicaid program, the | 74661 |
| nursing facility shall be paid, for nursing facility services the | 74662 |
| nursing facility provides during the period beginning on the date | 74663 |
| the nursing facility begins participation in the Medicaid program | 74664 |
| and ending June 30, 2007, a rate that is the median of all rates | 74665 |
| paid to nursing facilities on July 1, 2006. | 74666 |
| (E) If, during fiscal year 2006 or 2007, one or more Medicaid | 74667 |
| certified beds are added to a nursing facility with a valid | 74668 |
| Medicaid provider agreement for the time that the beds are added, | 74669 |
| the nursing facility shall be paid a rate for the new beds that is | 74670 |
| the same as the nursing facility's rate for the Medicaid certified | 74671 |
| beds that are in the nursing facility on the day before the new | 74672 |
| beds are added. | 74673 |
| (F) An adjustment necessitated by an audit of a nursing | 74674 |
| facility's 2003 cost report may be applied to a rate established | 74675 |
| under this section for the nursing facility. | 74676 |
| (G) The department of job and family services shall follow | 74677 |
| this section, in determining the rate to be paid a nursing | 74678 |
| facility under the Medicaid program for nursing facility services | 74679 |
| provided during fiscal years 2006 and 2007 notwithstanding | 74680 |
| anything to the contrary in sections 5111.20 to 5111.33 of the | 74681 |
| Revised Code. | 74682 |
| Section 206.66.28. FISCAL YEAR 2006 AND FISCAL YEAR 2007 | 74683 |
| MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR | 74684 |
| (A) As used in this section: | 74685 |
| "2003 cost report" means a complete and adequate Medicaid | 74686 |
| cost report covering calendar year 2003 filed with the Department | 74687 |
| of Job and Family Services under section 5111.23 of the Revised | 74688 |
| Code. | 74689 |
| "Intermediate care facility for the mentally retarded" has | 74690 |
| the same meaning as in section 5111.20 of the Revised Code. | 74691 |
| "ICF/MR services" means intermediate care facility for the | 74692 |
| mentally retarded services covered by the Medicaid program that an | 74693 |
| intermediate care facility for the mentally retarded provides to a | 74694 |
| resident of the facility who is a Medicaid recipient eligible for | 74695 |
| Medicaid-covered intermediate care facility for the mentally | 74696 |
| retarded services. | 74697 |
| (B) Except as provided in division (C) of this section, an | 74698 |
| intermediate care facility for the mentally retarded that has a | 74699 |
| valid Medicaid provider agreement on June 30, 2005, and a valid | 74700 |
| Medicaid provider agreement for fiscal years 2006 and 2007 shall | 74701 |
| be paid, for ICF/MR services the facility provides during fiscal | 74702 |
| years 2006 and 2007, the rate the facility is paid for providing | 74703 |
| ICF/MR services on June 30, 2005. | 74704 |
| (C) If an intermediate care facility for the mentally | 74705 |
| retarded undergoes a change of provider during fiscal year 2006 or | 74706 |
| 2007, the facility shall be paid, for ICF/MR services the facility | 74707 |
| provides during the period beginning on the effective date of the | 74708 |
| change of provider and ending June 30, 2007, the rate paid to the | 74709 |
| previous provider for ICF/MR services that the previous provider | 74710 |
| provided on the day immediately before the effective date of the | 74711 |
| change of provider. | 74712 |
| (D) If, during fiscal year 2006 or 2007, an intermediate care | 74713 |
| facility for the mentally retarded obtains certification as an | 74714 |
| intermediate care facility for the mentally retarded from the | 74715 |
| Director of Health and begins participation in the Medicaid | 74716 |
| program, the facility shall be paid, for ICF/MR services the | 74717 |
| facility provides during the period beginning on the date the | 74718 |
| facility begins participation in the Medicaid program and ending | 74719 |
| June 30, 2007, a rate that is the median of all rates paid to | 74720 |
| intermediate care facilities for the mentally retarded on July 1, | 74721 |
| 2006. | 74722 |
| (E) If, during fiscal year 2006 or 2007, one or more Medicaid | 74723 |
| certified beds are added to an intermediate care facility for the | 74724 |
| mentally retarded with a valid Medicaid provider agreement for the | 74725 |
| time that the beds are added, the facility shall be paid a rate | 74726 |
| for the new beds that is the same as the facility's rate for the | 74727 |
| Medicaid certified beds that are in the facility on the day before | 74728 |
| the new beds are added. | 74729 |
| (F) An adjustment necessitated by an audit of an intermediate | 74730 |
| care facility for the mentally retarded's 2003 cost report may be | 74731 |
| applied to a rate established under this section for the facility. | 74732 |
| (G) The department of job and family services shall follow | 74733 |
| this section in determining the rate to be paid an intermediate | 74734 |
| care facility for the mentally retarded under the Medicaid program | 74735 |
| for ICF/MR services provided during fiscal years 2006 and 2007 | 74736 |
| notwithstanding anything to the contrary in sections 5111.20 to | 74737 |
| 5111.33 of the Revised Code. | 74738 |
| Section 206.66.30. ICF/MR STUDY COUNCIL | 74739 |
| (A) As used in this section: | 74740 |
| (1) "Intermediate care facility for the mentally retarded" or | 74741 |
| "ICF/MR" has the same meaning as in section 5111.20 of the Revised | 74742 |
| Code. | 74743 |
| (2) "Medicaid waiver component" has the same meaning as in | 74744 |
| section 5111.85 of the Revised Code. | 74745 |
| (B) There is hereby created the Intermediate Care Facility | 74746 |
| for the Mentally Retarded Waiver Study Council. The Council shall | 74747 |
| consist of the following members: | 74748 |
| (1) One member of the House of Representatives appointed by | 74749 |
| the Speaker of the House of Representatives and one member of the | 74750 |
| Senate appointed by the President of the Senate. The Speaker and | 74751 |
| the President jointly shall appoint one of the members to serve as | 74752 |
| chair of the Council. | 74753 |
| (2) The Director of Job and Family Services or the Director's | 74754 |
| designee; | 74755 |
| (3) The Director of Mental Retardation and Developmental | 74756 |
| Disabilities or the Director's designee; | 74757 |
| (4) One representative of each of the following | 74758 |
| organizations, appointed by the organization: | 74759 |
| (a) Advocacy and Protective Services, Incorporated; | 74760 |
| (b) The Arc of Ohio; | 74761 |
| (c) The Ohio League for the Mentally Retarded; | 74762 |
| (d) People First of Ohio; | 74763 |
| (e) The Ohio Association of County Boards of Mental | 74764 |
| Retardation and Developmental Disabilities; | 74765 |
| (f) The Ohio Provider Resource Association; | 74766 |
| (g) The Ohio Health Care Association. | 74767 |
| Members of the Council shall receive no compensation for | 74768 |
| serving on the Council. | 74769 |
| (C) The Council shall study the use of a Medicaid waiver | 74770 |
| component to replace ICF/MR services. The study shall address all | 74771 |
| of the following: | 74772 |
| (1) The services that would be made available to individuals | 74773 |
| under the waiver component, compared to the services available | 74774 |
| under ICF/MR services; | 74775 |
| (2) The sources of funding for services to be made available | 74776 |
| under the waiver component and the adequacy of those funding | 74777 |
| sources, compared to funding available for ICF/MR services; | 74778 |
| (3) The impact of converting the ICF/MR service into a | 74779 |
| Medicaid waiver component on the individuals served, their | 74780 |
| families and guardians, county boards of mental retardation and | 74781 |
| developmental disabilities, and providers of services; | 74782 |
| (4) The impact of converting the ICF/MR service into a | 74783 |
| Medicaid waiver component on the ability of individuals and their | 74784 |
| families and guardians to choose services and residential settings | 74785 |
| that they consider appropriate to meet their needs; | 74786 |
| (5) The advisability of including developmental centers | 74787 |
| operated by the Department of Mental Retardation and Developmental | 74788 |
| Disabilities in the waiver component; | 74789 |
| (6) The methodology for reimbursing providers of services | 74790 |
| under the waiver component and how that methodology compares to | 74791 |
| the methodology for reimbursing ICF/MR services; | 74792 |
| (7) The cost-effectiveness of the waiver component, including | 74793 |
| administrative costs and federal funding, compared to the ICF/MR | 74794 |
| service; | 74795 |
| (8) The most effective administrative structure for the | 74796 |
| waiver component; | 74797 |
| (9) Any other matters the Council considers appropriate. | 74798 |
| (D) Not later than January 1, 2007, the Council shall submit | 74799 |
| a report of its findings and its recommendation on the question of | 74800 |
| whether the state should submit a request for approval of a waiver | 74801 |
| to the United States Secretary of Health and Human Services. If | 74802 |
| the Council recommends that the state request approval of a | 74803 |
| waiver, the Council shall include in its report detailed | 74804 |
| recommendations addressing all of the matters listed in division | 74805 |
| (C) of this section. The Council shall submit its report to the | 74806 |
| Governor, the Speaker and Minority Leader of the House of | 74807 |
| Representatives, and the President and Minority Leader of the | 74808 |
| Senate. | 74809 |
| * Section 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM | 74810 |
| (A) As used in this section, "Assisted Living Program" has | 74811 |
| the same meaning as in section 5111.89 of the Revised Code. | 74812 |
| (B) After the Department of Job and Family Services enters | 74813 |
| into a contract with the Department of Aging under section 5111.91 | 74814 |
| of the Revised Code for the Department of Aging to administer the | 74815 |
| Assisted Living Program, the Director of Job and Family Services | 74816 |
| shall quarterly certify to the Director of Budget and Management | 74817 |
| the estimated costs of the Assisted Living Program for the | 74818 |
| upcoming quarter. The estimate shall include the state and federal | 74819 |
| share of the costs. On receipt of the certified estimated costs | 74820 |
| for an upcoming quarter, the Director of Budget and Management | 74821 |
| shall do all of the following: | 74822 |
| (1) Transfer the state share of the amount of the estimated | 74823 |
| costs from GRF appropriation item 450-525, Health Care/Medicaid, | 74824 |
| to GRF appropriation item 490-422, Assisted Living; | 74825 |
| (2) Transfer the federal share of the amount of the estimated | 74826 |
| costs from GRF appropriation item 450-525, Health Care/Medicaid, | 74827 |
| to Fund 3C4, appropriation item 490-622, Assisted Living - | 74828 |
| Federal; | 74829 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 74830 |
| item 600-655, Interagency Reimbursement, by the federal share of | 74831 |
| the amount of the estimated costs. | 74832 |
| (C) The funds that the Director of Budget and Management | 74833 |
| transfers and increases under this section are hereby | 74834 |
| appropriated. | 74835 |
| * Section 206.66.37. Section 206.66.36 of this act takes | 74836 |
| effect October 1, 2005. | 74837 |
| Section 206.66.39. MEDICAID ELIGIBILITY REDUCTIONS | 74838 |
| The Director of Job and Family Services shall, not later than | 74839 |
| ninety days after the effective date of this section, submit to | 74840 |
| the United States Secretary of Health and Human Services an | 74841 |
| amendment to the state Medicaid plan to reduce to ninety per cent | 74842 |
| of the federal poverty guidelines the amount specified in division | 74843 |
| (A)(2) of section 5111.019 of the Revised Code as it existed | 74844 |
| immediately prior to the amendment made by this act. The reduction | 74845 |
| shall be implemented not earlier than ninety days after the | 74846 |
| effective date of this section and not later than the effective | 74847 |
| date of federal approval. | 74848 |
| Section 206.66.42. TERMINATION OF THE DISABILITY MEDICAL | 74849 |
| ASSISTANCE PROGRAM | 74850 |
| (A) The Department of Job and Family Services shall terminate | 74851 |
| the Disability Medical Assistance Program effective October 1, | 74852 |
| 2005. All rules, standards, guidelines, or orders adopted or | 74853 |
| issued by the Director of Job and Family Services to govern the | 74854 |
| Disability Medical Assistance Program before its termination shall | 74855 |
| remain in effect on and after October 1, 2005, for the following | 74856 |
| purposes: | 74857 |
| (1) To establish the legal obligations of the Department for | 74858 |
| claims arising from the Program; | 74859 |
| (2) To determine an individual's previous eligibility for the | 74860 |
| Program; | 74861 |
| (3) To determine the validity of a claim for services under | 74862 |
| the Program; | 74863 |
| (4) To recover erroneous payments, as defined in section | 74864 |
| 5115.23 of the Revised Code, made before October 1, 2005. | 74865 |
| (B) The Department may use funds appropriated to it to | 74866 |
| satisfy Program claims or contingent claims existing before | 74867 |
| October 1, 2005. The Department shall not pay claims for services | 74868 |
| rendered on or after October 1, 2005. | 74869 |
| (C) The Department shall pay a claim for services rendered by | 74870 |
| a medical provider to a Disability Medical Assistance Program | 74871 |
| recipient before October 1, 2005, only if the claim is received by | 74872 |
| the Department not later than April 1, 2006. | 74873 |
| (D) A judge or other person designated to make a decision in | 74874 |
| a state hearing, administrative appeal, or judicial proceeding | 74875 |
| initiated under section 5101.35 of the Revised Code may adjudicate | 74876 |
| an appeal of a determination made by the Department under the | 74877 |
| Program before October 1, 2005. No person may adjudicate an appeal | 74878 |
| of a determination made by the Department under the Program on or | 74879 |
| after October 1, 2005. | 74880 |
| (E) Notwithstanding the termination of the Disability Medical | 74881 |
| Assistance Program, the following remain effective on and after | 74882 |
| October 1, 2005: | 74883 |
| (1) As described in section 5101.58 of the Revised Code, the | 74884 |
| Department's and a county's right of recovery against the | 74885 |
| liability of a third party for the cost of medical services and | 74886 |
| care; | 74887 |
| (2) As described in section 5101.59 of the Revised Code, the | 74888 |
| assignment of a Program recipient's right to medical support made | 74889 |
| by court or administrative order or payments from a third party. | 74890 |
| (F) The Department may take reasonable steps to inform | 74891 |
| Program recipients about the termination of the Program. A county | 74892 |
| department of job and family services shall take action with | 74893 |
| respect to these activities when requested by the Department. | 74894 |
| (G) An action taken under division (F) of this section shall | 74895 |
| not be the basis for requiring the Department to extend the | 74896 |
| Program or to approve or extend a person's eligibility for the | 74897 |
| Program on or after October 1, 2005. | 74898 |
| (H) The Director may adopt rules in accordance with section | 74899 |
| 111.15 of the Revised Code to implement this section. | 74900 |
| Section 206.66.43. MEDICAID CARE MANAGEMENT WORKING GROUP | 74901 |
| (A) The Department of Job and Family Services shall establish | 74902 |
| the Medicaid Care Management Working Group composed of the | 74903 |
| following individuals: | 74904 |
| (1) Four individuals appointed by the Department to represent | 74905 |
| Medicaid care management plans; | 74906 |
| (2) Four individuals appointed by the Department to represent | 74907 |
| major health care and behavioral care trade associations; | 74908 |
| (3) Two individuals appointed by the Department to represent | 74909 |
| consumer advocates; | 74910 |
| (4) An individual appointed by the Department to represent | 74911 |
| county boards job and family services; | 74912 |
| (5) The Director of Job and Family Services or the Director's | 74913 |
| designee; | 74914 |
| (6) The Director of Health or the Director's designee; | 74915 |
| (7) The Superintendent of Insurance or the Superintendent's | 74916 |
| designee; | 74917 |
| (8) The Director of Aging or the Director's designee; | 74918 |
| (9) The Director of Mental Health or the Director's designee; | 74919 |
| (10) The Director of Alcohol and Drug Addiction Services or | 74920 |
| the Director's designee; | 74921 |
| (11) The Director of Mental Retardation and Developmental | 74922 |
| Disabilities or the Director's designee; | 74923 |
| (12) The Director of the Rehabilitation Services Commission. | 74924 |
| (B) The Medicaid Care Management Working Group shall develop | 74925 |
| guidelines to govern managed care contracts for services provided | 74926 |
| under the Medicaid program. In developing the guidelines, the | 74927 |
| Working Group shall do all of the following: | 74928 |
| (1) Incorporate best practice standards used in current | 74929 |
| managed care programs to maximize patient and provider | 74930 |
| satisfaction and best practice standards for maintaining quality | 74931 |
| of care and cost effectiveness in a managed care setting; | 74932 |
| (2) Consider how best to increase consistency and facilitate | 74933 |
| care management expansion; | 74934 |
| (3) Provide for the coordination of regulatory relationships, | 74935 |
| including improved methods to resolve contract issues among | 74936 |
| participants in managed care systems that provide services under | 74937 |
| the Medicaid program; | 74938 |
| (4) Consider the feasibility of establishing an incentive | 74939 |
| program under which a managed care organization participating in | 74940 |
| the Medicaid Program could receive financial incentives for | 74941 |
| positive health care outcomes. In considering such a program, the | 74942 |
| Working Group shall determine specific measures of positive health | 74943 |
| care outcomes for high-risk populations, identify outcomes that | 74944 |
| constitute positive health care outcomes, and recommend ways to | 74945 |
| fund the program from the Medicaid Program's managed care budget. | 74946 |
| Section 206.66.44. MEDICAID COVERAGE OF DENTAL SERVICES | 74947 |
| For fiscal years 2006 and 2007, the Medicaid program shall | 74948 |
| cover dental services as follows: | 74949 |
| (A) For Medicaid recipients under twenty-one years of age, in | 74950 |
| at least the amount, duration, and scope that it did immediately | 74951 |
| before the effective date of this section under rules adopted | 74952 |
| under section 5111.02 of the Revised Code governing Medicaid | 74953 |
| coverage of dental services for such recipients; | 74954 |
| (B) For Medicaid recipients twenty-one years of age or older, | 74955 |
| in an amount, duration, and scope specified in rules that the | 74956 |
| Director of Job and Family Services shall adopt under section | 74957 |
| 5111.02 of the Revised Code. | 74958 |
| Section 206.66.45. MEDICAID COVERAGE OF VISION SERVICES | 74959 |
| For fiscal years 2006 and 2007, the Medicaid program shall | 74960 |
| cover vision services in at least the amount, duration, and scope | 74961 |
| that the program covers such services immediately prior to the | 74962 |
| effective date of this section. | 74963 |
| Section 206.66.46. (A) The Department of Job and Family | 74964 |
| Services shall do all of the following: | 74965 |
| (1) Assess the feasibility of an interagency agreement | 74966 |
| between the Department and the Rehabilitation Services Commission | 74967 |
| whereby the Commission would perform disability determinations for | 74968 |
| programs and services offered by the Department or a county | 74969 |
| department of job and family services in which disability is an | 74970 |
| eligibility requirement; | 74971 |
| (2) Estimate potential cost-savings and other advantages, as | 74972 |
| well as any potential disadvantages, that might result from the | 74973 |
| interagency agreement; | 74974 |
| (3) Determine how the interagency agreement could be | 74975 |
| implemented, including an estimate of the approximate time needed | 74976 |
| to implement it. | 74977 |
| (B) Not later than six months after the effective date of | 74978 |
| this section, the Department shall prepare and submit a written | 74979 |
| report of its findings to the Speaker and Minority Leader of the | 74980 |
| House of Representatives and the President and Minority Leader of | 74981 |
| the Senate. | 74982 |
| Section 206.66.48. STATE MEDICAID PLAN AMENDMENT REGARDING | 74983 |
| ESTATE RECOVERY | 74984 |
| The Director of Job and Family Services shall submit a state | 74985 |
| Medicaid plan amendment to the United States Secretary of Health | 74986 |
| and Human Services as necessary for the implementation of the | 74987 |
| amendments by this act to sections 5111.11 and 5111.111 of the | 74988 |
| Revised Code. | 74989 |
| Section 206.66.49. SINGLE AUDIT OF MEDICAID DURING FY 2006 | 74990 |
| AND 2007 | 74991 |
| The auditor of state may, during fiscal years 2006 and 2007, | 74992 |
| conduct a single performance audit of the medicaid program, as | 74993 |
| defined in section 5111.01 of the Revised Code, to determine ways | 74994 |
| of reducing or eliminating fraud, waste, and abuse in the program, | 74995 |
| making the program more efficient, and enhancing the program's | 74996 |
| results. An audit conducted under this section shall be conducted | 74997 |
| in accordance with generally accepted government auditing | 74998 |
| standards. | 74999 |
| Section 206.66.51. MEDICAID PAYMENT FOR GRADUATE MEDICAL | 75000 |
| EDUCATION COSTS | 75001 |
| The Director of Job and Family Service shall submit to the | 75002 |
| United States Secretary of Health and Human Services an amendment | 75003 |
| to the state Medicaid plan to implement section 5111.191 of the | 75004 |
| Revised Code. The Department shall implement that section upon the | 75005 |
| Secretary's approval of the amendment. | 75006 |
| Section 206.66.52. (A) There is hereby created the Medicaid | 75007 |
| Transition Council to oversee the restructuring of Ohio's Medicaid | 75008 |
| program. The Council shall be composed of the following: | 75009 |
| (1) The Director of Job and Family Services or the Director's | 75010 |
| designee; | 75011 |
| (2) The Director of Aging or the Director's designee; | 75012 |
| (3) The Director of Drug and Alcohol Addiction Services or | 75013 |
| the Director's designee; | 75014 |
| (4) The Director of Health or the Director's designee; | 75015 |
| (5) The Director of Mental Health or the Director's designee; | 75016 |
| (6) The Director of Mental Retardation and Developmental | 75017 |
| Disabilities or the Director's designee; | 75018 |
| (7) The Director of Budget and Management or the Director's | 75019 |
| designee; | 75020 |
| (8) The State Chief Information Officer or the Officer's | 75021 |
| designee; | 75022 |
| (9) An individual appointed by the Speaker of the House of | 75023 |
| Representatives; | 75024 |
| (10) An individual appointed by the President of the Senate. | 75025 |
| (B) The Council shall do all of the following: | 75026 |
| (1) Initiate, guide, and oversee the implementation of | 75027 |
| measures recommended by the Ohio Commission to Reform Medicaid; | 75028 |
| (2) Devise a centralized financing function to coordinate the | 75029 |
| activities of all executive agencies that deliver Medicaid | 75030 |
| services; | 75031 |
| (3) With regard to the future creation of a Medicaid | 75032 |
| department, all of the following: | 75033 |
| (a) Design the scope and structure of the department; | 75034 |
| (b) Develop a business plan to direct the transition of the | 75035 |
| Medicaid program from the Department of Job and Family Services to | 75036 |
| the new department; | 75037 |
| (c) Secure resources required to implement the business plan | 75038 |
| described in division (B)(3)(b) of this section. | 75039 |
| (4) By not later than December 31, 2006, submit to the | 75040 |
| Governor a written report of the Council's findings. | 75041 |
| Section 206.66.57. ODJFS FUNDS | 75042 |
| AGENCY FUND GROUP | 75043 |
| The Agency Fund Group and Holding Account Redistribution Fund | 75044 |
| Group shall be used to hold revenues until the appropriate fund is | 75045 |
| determined or until the revenues are directed to the appropriate | 75046 |
| governmental agency other than the Department of Job and Family | 75047 |
| Services. If it is determined that additional appropriation | 75048 |
| authority is necessary, such amounts are hereby appropriated. | 75049 |
| Section 206.66.60. EMPLOYER SURCHARGE | 75050 |
| The surcharge and the interest on the surcharge amounts due | 75051 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 75052 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 75053 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 75054 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 75055 |
| General Assembly, again shall be assessed and collected by, | 75056 |
| accounted for, and made available to the Department of Job and | 75057 |
| Family Services in the same manner as set forth in section | 75058 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 75059 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 75060 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 75061 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 75062 |
| received by the Director on or after July 1, 2001, shall be | 75063 |
| deposited into the Unemployment Compensation Special | 75064 |
| Administrative Fund (Fund 4A9) established pursuant to section | 75065 |
| 4141.11 of the Revised Code. | 75066 |
| Section 206.66.63. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 75067 |
| AGING | 75068 |
| The Department of Job and Family Services shall transfer, | 75069 |
| through intrastate transfer vouchers, cash from Fund 4J5, Home and | 75070 |
| Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in | 75071 |
| the Department of Aging. The sum of the transfers shall be | 75072 |
| $33,268,052 in fiscal year 2006 and $33,263,984 in fiscal year | 75073 |
| 2007. The transfer may occur on a quarterly basis or on a schedule | 75074 |
| developed and agreed to by both departments. | 75075 |
| Section 206.66.66. PASSPORT EVALUATION | 75076 |
| (A) There is hereby created the PASSPORT Evaluation Panel to | 75077 |
| oversee the performance of an evaluation of the PASSPORT Program | 75078 |
| conducted by an independent contractor. The Panel shall be | 75079 |
| composed of the following members: | 75080 |
| (1) The Director of Job and Family Services or the Director's | 75081 |
| designee; | 75082 |
| (2) The Director of Aging or the Director's designee; | 75083 |
| (3) A representative of the Central Ohio Area Agency on | 75084 |
| Aging, appointed by the Agency; | 75085 |
| (4) A representative of PASSPORT providers, appointed by the | 75086 |
| Director of Aging; | 75087 |
| (5) A representative of the Ohio Academy of Nursing Homes, | 75088 |
| appointed by the Academy; | 75089 |
| (6) A representative of the Ohio Health Care Association, | 75090 |
| appointed by the Association; | 75091 |
| (7) A representative of the Association for Ohio | 75092 |
| Philanthropic Homes and Housing for the Aging, appointed by the | 75093 |
| Association; | 75094 |
| (8) A representative of Scripps Gerontology Center at Miami | 75095 |
| University, appointed by the Center. | 75096 |
| Panel members shall serve without compensation. The | 75097 |
| Department of Aging shall provide assistance to the PASSPORT | 75098 |
| Evaluation Panel, including support services and meeting space. | 75099 |
| The Panel shall convene not later than sixty days after the | 75100 |
| effective date of this section. | 75101 |
| (B) The Panel, with the Department of Job and Family | 75102 |
| Services, shall do all of the following: | 75103 |
| (1) Establish criteria to be used in selecting an independent | 75104 |
| contractor to evaluate the PASSPORT Program. The criteria shall | 75105 |
| specify that the independent contractor must not be affiliated | 75106 |
| with any state agency. | 75107 |
| (2) In accordance with the request for proposal process | 75108 |
| administered by the Department of Administrative Services, accept | 75109 |
| and evaluate bids from potential contractors; | 75110 |
| (3) Select to evaluate the PASSPORT Program an independent | 75111 |
| contractor that meets the criteria established by the Panel and | 75112 |
| the Department. | 75113 |
| (C) The independent contractor selected by the PASSPORT | 75114 |
| Evaluation Panel shall, in conducting the evaluation of the | 75115 |
| PASSPORT Program, do all of the following: | 75116 |
| (1) Evaluate the types of services provided under the program | 75117 |
| and determine the amount expended for each service; | 75118 |
| (2) Sample audit provider records and billing for services to | 75119 |
| determine their accuracy; | 75120 |
| (3) Determine elements of the program that may be vulnerable | 75121 |
| to fraud; | 75122 |
| (4) Evaluate the cost-effectiveness of services provided | 75123 |
| under the program; | 75124 |
| (5) Evaluate the population served and the appropriateness of | 75125 |
| the program for that population; | 75126 |
| (6) Evaluate past and present waiting lists for services and | 75127 |
| determine the impact outcomes of the delay in services; | 75128 |
| (7) Evaluate program outcomes to determine the program's | 75129 |
| effectiveness in preventing nursing home admissions; | 75130 |
| (8) Recommend improvements to correct any deficiencies found | 75131 |
| during the evaluation process, including methods to achieve | 75132 |
| greater effectiveness in attaining program objectives; | 75133 |
| (9) Any additional action requested by the PASSPORT | 75134 |
| Evaluation Panel. | 75135 |
| The independent contractor shall issue to the Panel quarterly | 75136 |
| reports and, by not later than May 15, 2007, a final report, of | 75137 |
| its findings. By not later than June 30, 2007, the PASSPORT | 75138 |
| Evaluation Panel shall approve a final report. | 75139 |
| Notwithstanding any limitations in sections 3721.51 and | 75140 |
| 3721.56 of the Revised Code, in each fiscal year, cash from Fund | 75141 |
| 4J5, Home and Community-Based Services for the Aged, in excess of | 75142 |
| the amounts needed for the transfers may be used by the Department | 75143 |
| of Job and Family Services for the following purposes: (A) up to | 75144 |
| $1.0 million in each fiscal year to fund the state share of audits | 75145 |
| of Medicaid cost reports filed with the Department of Job and | 75146 |
| Family Services by nursing facilities and intermediate care | 75147 |
| facilities for the mentally retarded; and (B) up to $350,000 in | 75148 |
| fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide | 75149 |
| one-time transitional benefits under the Ohio Access Success | 75150 |
| Project that the Director of Job and Family Services may establish | 75151 |
| under section 5111.88 of the Revised Code. | 75152 |
| Section 206.66.69. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 75153 |
| BANKS | 75154 |
| As used in this section, "federal poverty guidelines" has the | 75155 |
| same meaning as in section 5101.46 of the Revised Code. | 75156 |
| Notwithstanding section 5101.46 of the Revised Code, and | 75157 |
| prior to making any allocation to county departments of job and | 75158 |
| family services, the Department of Job and Family Services shall | 75159 |
| provide $5,500,000 in each fiscal year from the foregoing | 75160 |
| appropriation item 600-620, Social Services Block Grant, for use | 75161 |
| in funding a grant agreement with the Ohio Association of Second | 75162 |
| Harvest Food Banks. The Department shall enter into a grant | 75163 |
| agreement with the Ohio Association of Second Harvest Food Banks | 75164 |
| to reimburse it for costs incurred in the purchase of food | 75165 |
| products and the distribution of those food products to agencies | 75166 |
| participating in the emergency food distribution program. | 75167 |
| Notwithstanding section 5101.46 of the Revised Code, the grant may | 75168 |
| permit the Ohio Association of Second Harvest Food Banks to use up | 75169 |
| to 5 per cent of the annual funding for administrative costs. The | 75170 |
| Department may advance funds to the grantee under section 5101.10 | 75171 |
| of the Revised Code. | 75172 |
| Prior to entering into the grant agreement, the Ohio | 75173 |
| Association of Second Harvest Food Banks shall submit to the | 75174 |
| Department for approval a plan for the distribution of the food | 75175 |
| products to local food distribution agencies. If the plan meets | 75176 |
| the requirements and conditions established by the Department, the | 75177 |
| plan shall be incorporated into the grant agreement. The grant | 75178 |
| agreement shall also require the Ohio Association of Second | 75179 |
| Harvest Food Banks to ensure that local agencies will limit | 75180 |
| participation of individuals and families who receive any of the | 75181 |
| food products purchased with these funds to those who have an | 75182 |
| income at or below 200 per cent of the federal poverty guidelines. | 75183 |
| The Department and the Ohio Association of Second Harvest Food | 75184 |
| Banks shall agree on reporting requirements to be incorporated | 75185 |
| into the grant agreement, including a statement of expected | 75186 |
| performance outcomes from the Ohio Association of Second Harvest | 75187 |
| Food Banks and a requirement for their evaluation of their success | 75188 |
| in achieving those outcomes. | 75189 |
| Section 206.66.72. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 75190 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 75191 |
| The Department of Job and Family Services shall transfer, | 75192 |
| through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR | 75193 |
| Bed Assessments, to Fund 4K8, Home and Community-Based Services, | 75194 |
| in the Department of Mental Retardation and Developmental | 75195 |
| Disabilities. The amount transferred shall equal $12,000,000 in | 75196 |
| fiscal year 2006 and $12,000,000 in fiscal year 2007. The transfer | 75197 |
| may occur on a quarterly basis or on a schedule developed and | 75198 |
| agreed to by both departments. | 75199 |
| Section 206.66.75. FUNDING FOR HABILITATIVE SERVICES | 75200 |
| Notwithstanding any limitations contained in sections 5112.31 | 75201 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 75202 |
| Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed | 75203 |
| for transfers to Fund 4K8, Home and Community-Based Services, in | 75204 |
| the Department of Mental Retardation and Developmental | 75205 |
| Disabilities, may be used by the Department of Job and Family | 75206 |
| Services to cover costs of care provided to participants in a | 75207 |
| waiver with an ICF/MR level of care requirement administered by | 75208 |
| the Department of Job and Family Services. | 75209 |
| Section 206.66.78. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 75210 |
| (A) As used in this section, "habilitation center services" | 75211 |
| has the same meaning as in former section 5111.041 of the Revised | 75212 |
| Code as that section existed on June 30, 2005. | 75213 |
| (B) The Director of Job and Family Services may adopt rules | 75214 |
| under section 111.15 of the Revised Code as necessary to terminate | 75215 |
| the community alternative funding system on July 1, 2005. | 75216 |
| (C) The Department of Job and Family Services may inform | 75217 |
| individuals who received habilitation center services under the | 75218 |
| community alternative funding system on June 30, 2005, and such | 75219 |
| individuals' representatives about alternative services that may | 75220 |
| be available for the individuals. The Department may require | 75221 |
| county departments of job and family services to provide such | 75222 |
| information to the individuals and their representatives. | 75223 |
| (D) Habilitation center services provided before July 1, | 75224 |
| 2005, are subject to the laws, rules, standards, guidelines, and | 75225 |
| orders regarding habilitation center services that were in effect | 75226 |
| at the time the services were provided. This includes such laws, | 75227 |
| rules, standards, guidelines, and orders regarding the | 75228 |
| responsibility for the nonfederal share of the services, the fee | 75229 |
| assessed under division (D) of section 5123.041 of the Revised | 75230 |
| Code as that section existed on the day the services were | 75231 |
| provided, cost reports, audits, and the recovery of erroneous | 75232 |
| payments. | 75233 |
| (E) The Department of Job and Family Services may use funds | 75234 |
| appropriated to the Department for the purpose of habilitation | 75235 |
| center services to satisfy a claim or contingent claim for | 75236 |
| habilitation center services provided before July 1, 2005, if the | 75237 |
| Department receives the claim or contingent claim before July 1, | 75238 |
| 2006. The Department has no liability to satisfy either of the | 75239 |
| following: | 75240 |
| (1) A claim for habilitation center services provided before | 75241 |
| July 1, 2005, if the Department receives the claim on or after | 75242 |
| July 1, 2006. | 75243 |
| (2) A claim for habilitation center services provided on or | 75244 |
| after July 1, 2005. | 75245 |
| (F) To the extent authorized by section 5101.35 of the | 75246 |
| Revised Code, an individual may initiate or continue a state | 75247 |
| hearing, administrative appeal, or appeal to a court of common | 75248 |
| pleas regarding a decision or order concerning habilitation center | 75249 |
| services that were available before July 1, 2005. A decision | 75250 |
| resulting from a state hearing, administrative appeal, or appeal | 75251 |
| to a court of common pleas may not extend an individual's | 75252 |
| eligibility for habilitation center services beyond June 30, 2005. | 75253 |
| No individual may utilize section 5101.35 of the Revised Code to | 75254 |
| contest the July 1, 2005, termination of the community alternative | 75255 |
| funding system. | 75256 |
| (G) Neither of the following are abrogated by the termination | 75257 |
| of the community alternative funding system: | 75258 |
| (1) The right of recovery given to the Department of Job and | 75259 |
| Family Services or a county department of job and family services | 75260 |
| under section 5101.58 of the Revised Code for habilitation center | 75261 |
| services provided before July 1, 2005. | 75262 |
| (2) The right to medical support or payments from a third | 75263 |
| party that is assigned to the Department under section 5101.59 of | 75264 |
| the Revised Code for habilitation center services provided before | 75265 |
| July 1, 2005. | 75266 |
| Section 206.66.84. CHILDREN'S TRUST FUND | 75267 |
| Notwithstanding sections 3109.13 to 3109.18 of the Revised | 75268 |
| Code, in fiscal year 2006, the Director of Budget and Management | 75269 |
| shall transfer $1,500,000 cash from the Children's Trust Fund | 75270 |
| (Fund 198 in the Department of Job and Family Services) to the | 75271 |
| Partnerships for Success Fund (Fund 5BH in the Department of Youth | 75272 |
| Services). On or before January 1, 2007, the Director of Budget | 75273 |
| and Management shall transfer to the Children's Trust Fund (Fund | 75274 |
| 198) any amount of cash that remains unspent in the Partnerships | 75275 |
| for Success Fund (Fund 5BH). | 75276 |
| HOSPITAL CARE ASSURANCE MATCH FUND | 75277 |
| Appropriation item 600-650, Hospital Care Assurance Match, | 75278 |
| shall be used by the Department of Job and Family Services in | 75279 |
| accordance with division (B) of section 5112.18 of the Revised | 75280 |
| Code. | 75281 |
| Section 206.66.87. HEALTH CARE SERVICES ADMINISTRATION | 75282 |
| The foregoing appropriation item 600-654, Health Care | 75283 |
| Services Administration, shall be used by the Department of Job | 75284 |
| and Family Services for costs associated with the administration | 75285 |
| of the Medicaid program. | 75286 |
| Section 206.66.90. HEALTH CARE SERVICES ADMINISTRATION FUND | 75287 |
| Of the amount received by the Department of Job and Family | 75288 |
| Services during fiscal year 2006 and fiscal year 2007 from the | 75289 |
| first installment of assessments paid under section 5112.06 of the | 75290 |
| Revised Code and intergovernmental transfers made under section | 75291 |
| 5112.07 of the Revised Code, the Director of Job and Family | 75292 |
| Services shall deposit $350,000 in each fiscal year into the state | 75293 |
| treasury to the credit of the Health Care Services Administration | 75294 |
| Fund (Fund 5U3). | 75295 |
| Section 206.66.93. CHILD SUPPORT COLLECTIONS/TANF MOE | 75296 |
| The foregoing appropriation item 600-658, Child Support | 75297 |
| Collections, shall be used by the Department of Job and Family | 75298 |
| Services to meet the TANF maintenance of effort requirements of | 75299 |
| Pub. L. No. 104-193. Once the state is assured that it will meet | 75300 |
| the maintenance of effort requirement, the Department of Job and | 75301 |
| Family Services may use funds from appropriation item 600-658, | 75302 |
| Child Support Collections, to support public assistance | 75303 |
| activities. | 75304 |
| Section 206.66.96. MEDICAID PROGRAM SUPPORT FUND - STATE | 75305 |
| The foregoing appropriation item 600-671, Medicaid Program | 75306 |
| Support, shall be used by the Department of Job and Family | 75307 |
| Services to pay for Medicaid services and contracts. The | 75308 |
| Department may also deposit to Fund 5C9 revenues received from | 75309 |
| other state agencies for Medicaid services under the terms of | 75310 |
| interagency agreements between the Department and other state | 75311 |
| agencies, and all funds the Department recovers because the | 75312 |
| benefits a person received under the disability medical assistance | 75313 |
| program established in section 5115.10 of the Revised Code were | 75314 |
| determined to be covered by the medical assistance program | 75315 |
| established under Chapter 5111. of the Revised Code. | 75316 |
| Section 206.66.99. TRANSFERS OF IMD/DSH CASH TO THE | 75317 |
| DEPARTMENT OF MENTAL HEALTH | 75318 |
| The Department of Job and Family Services shall transfer, | 75319 |
| through intrastate transfer voucher, cash from Fund 5C9, Medicaid | 75320 |
| Program Support, to the Department of Mental Health's Fund 4X5, | 75321 |
| OhioCare, in accordance with an interagency agreement that | 75322 |
| delegates authority from the Department of Job and Family Services | 75323 |
| to the Department of Mental Health to administer specified | 75324 |
| Medicaid services. | 75325 |
| Section 206.67.03. FEDERAL UNEMPLOYMENT PROGRAMS | 75326 |
| All unexpended funds remaining at the end of fiscal year 2005 | 75327 |
| that were appropriated and made available to the state under | 75328 |
| section 903(d) of the Social Security Act, as amended, in the | 75329 |
| foregoing appropriation item 600-678, Federal Unemployment | 75330 |
| Programs (Fund 3V4), are hereby appropriated to the Department of | 75331 |
| Job and Family Services. Upon the request of the Director of Job | 75332 |
| and Family Services, the Director of Budget and Management shall | 75333 |
| increase the appropriation for fiscal year 2006 by the amount | 75334 |
| remaining unspent from the fiscal year 2005 appropriation and | 75335 |
| shall increase the appropriation for fiscal year 2007 by the | 75336 |
| amount remaining unspent from the fiscal year 2006 appropriation. | 75337 |
| The appropriation shall be used under the direction of the | 75338 |
| Department of Job and Family Services to pay for administrative | 75339 |
| activities for the Unemployment Insurance Program, employment | 75340 |
| services, and other allowable expenditures under section 903(d) of | 75341 |
| the Social Security Act, as amended. | 75342 |
| The amounts obligated pursuant to this section shall not | 75343 |
| exceed at any time the amount by which the aggregate of the | 75344 |
| amounts transferred to the account of the state under section | 75345 |
| 903(d) of the Social Security Act, as amended, exceeds the | 75346 |
| aggregate of the amounts obligated for administration and paid out | 75347 |
| for benefits and required by law to be charged against the amounts | 75348 |
| transferred to the account of the state. | 75349 |
| Section 206.67.06. WORKFORCE DEVELOPMENT GRANT AGREEMENT | 75350 |
| The Department of Job and Family Services may use | 75351 |
| appropriations from appropriation item 600-688, Workforce | 75352 |
| Investment Act, to provide financial assistance for workforce | 75353 |
| development activities included in a grant agreement entered into | 75354 |
| by the department in accordance with section 5101.20 of the | 75355 |
| Revised Code. | 75356 |
| Section 206.67.07. ACCOUNTABILITY AND CREDIBILITY TOGETHER | 75357 |
| Of the foregoing appropriation item 600-689, TANF Block | 75358 |
| Grant, $1 million in each fiscal year shall be allocated to | 75359 |
| Accountability and Credibility Together (ACT) to continue its | 75360 |
| welfare diversion program for TANF eligible individuals. | 75361 |
| Section 206.67.08. KINSHIP CAREGIVER SUBSIDY PROGRAM | 75362 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 75363 |
| (Fund 3V6), $10 million per fiscal year shall be used to support | 75364 |
| the activities of the Kinship Caregiver Subsidy Program created | 75365 |
| under section 5101.802 of the Revised Code. | 75366 |
| Section 206.67.09. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS | 75367 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 75368 |
| (Fund 3V6), the Department of Job and Family Services shall use | 75369 |
| $600,000 in each fiscal year to support expenditures of the Ohio | 75370 |
| Alliance of Boys and Girls Clubs to provide after-school programs | 75371 |
| that protect at-risk children and enable youth to become | 75372 |
| responsible adults. The Ohio Alliance of Boys and Girls Clubs | 75373 |
| shall provide nutritional meals, snacks, and educational, youth | 75374 |
| development, and career development services to TANF eligible | 75375 |
| children participating in programs and activities operated by | 75376 |
| eligible Boys and Girls Clubs. | 75377 |
| The Department shall provide an annual grant of $600,000 in | 75378 |
| each fiscal year to the Ohio Alliance of Boys and Girls Clubs. As | 75379 |
| soon as possible after entering into a grant agreement at the | 75380 |
| beginning of each fiscal year, the Department of Job and Family | 75381 |
| Services shall distribute the grant funds in one single payment. | 75382 |
| The Department of Job and Family Services and the Ohio Alliance of | 75383 |
| Boys and Girls Clubs shall agree on reporting requirements to be | 75384 |
| incorporated into the grant agreement. | 75385 |
| The Ohio Alliance of Boys and Girls Clubs shall return any | 75386 |
| fiscal year 2006 funds from this grant remaining unspent on June | 75387 |
| 30, 2006, to the Ohio Department of Job and Family Services not | 75388 |
| later than November 1, 2006. The Ohio Alliance of Boys and Girls | 75389 |
| Clubs shall return any fiscal year 2007 funds from this grant | 75390 |
| remaining unspent on June 30, 2007, to the Ohio Department of Job | 75391 |
| and Family Services not later than November 1, 2007. | 75392 |
| Section 206.67.A. CHILD WELFARE TRAINING INITIATIVE | 75393 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 75394 |
| (Fund 3V6), $200,000 per fiscal year shall be provided to the | 75395 |
| National Center for Adoption Law and Policy to fund a | 75396 |
| multi-disciplinary child welfare training initiative. The | 75397 |
| Department of Job and Family Services shall coordinate with the | 75398 |
| National Center for Adoption Law and Policy to determine the focus | 75399 |
| of the training provided each year and to ensure that the training | 75400 |
| is designed to meet one of the four purposes of the Temporary | 75401 |
| Assistance to Needy Families program. | 75402 |
| * Section 206.67.10. EMPLOYMENT RETENTION INCENTIVE PROGRAM | 75403 |
| (A) As used in this section: | 75404 |
| (1) "Assistance group" has the same meaning as in section | 75405 |
| 5107.02 of the Revised Code. | 75406 |
| (2) "Ohio Works First" means the program established under | 75407 |
| Chapter 5107. of the Revised Code. | 75408 |
| (B) Subject to section 5101.801 of the Revised Code, in | 75409 |
| fiscal year 2007 the Department of Job and Family Services may | 75410 |
| establish and administer the Employment Retention Incentive | 75411 |
| Program under which the Department provides cash payments to | 75412 |
| eligible assistance groups. The Department shall use the foregoing | 75413 |
| appropriation item 600-689, TANF Block Grant, to fund the program. | 75414 |
| To be eligible for the Employment Retention Incentive | 75415 |
| Program, an assistance group must meet all of the following | 75416 |
| requirements: | 75417 |
| (1) The assistance group must apply using an application that | 75418 |
| contains all of the information that rules specified in this | 75419 |
| section require in accordance with the application process | 75420 |
| established in those rules; | 75421 |
| (2) The assistance group must have ceased to participate in | 75422 |
| Ohio Works First in accordance with rules specified in this | 75423 |
| section; | 75424 |
| (3) The assistance group must include a member who was | 75425 |
| employed during the last month the assistance group participated | 75426 |
| in Ohio Works First in accordance with rules specified in this | 75427 |
| section; | 75428 |
| (4) That member of the assistance group must remain employed | 75429 |
| in accordance with rules specified in this section; | 75430 |
| (5) The assistance group must meet all other eligibility | 75431 |
| requirements established in rules specified in this section. | 75432 |
| (C) If the Department establishes the Employment Retention | 75433 |
| Incentive Program, the Department shall provide cash payments | 75434 |
| under the program in a manner that enables the cash payments to be | 75435 |
| excluded from the definition of "assistance" in 45 C.F.R. | 75436 |
| 260.31(a) and instead be benefits that 45 C.F.R. 260.31(b) | 75437 |
| excludes from the definition of assistance. Each county Department | 75438 |
| of Job and Family Services shall make eligibility determinations | 75439 |
| for the program and perform other administrative duties for the | 75440 |
| program in accordance with rules specified in this section. | 75441 |
| (D) If the Department establishes the Employment Retention | 75442 |
| Incentive Program, the Department shall adopt rules under division | 75443 |
| (C) of section 5101.801 of the Revised Code to establish all of | 75444 |
| the following for the program: | 75445 |
| (1) The information that an application for the program must | 75446 |
| contain; | 75447 |
| (2) The application process for the program, including the | 75448 |
| process to verify eligibility for the program; | 75449 |
| (3) The manner in which an assistance group must have ceased | 75450 |
| to participate in Ohio Works First for the assistance group to | 75451 |
| qualify for the program; | 75452 |
| (4) The manner in which an assistance group member must have | 75453 |
| been employed during the last month the assistance group | 75454 |
| participated in Ohio Works First for the assistance group to | 75455 |
| qualify for the program; | 75456 |
| (5) The manner in which an assistance group member must | 75457 |
| remain employed for the assistance group to qualify for the | 75458 |
| program; | 75459 |
| (6) Other eligibility requirements for the program; | 75460 |
| (7) The amounts that eligible assistance groups are to | 75461 |
| receive as cash payments under the program; | 75462 |
| (8) The frequency and duration that eligible assistance | 75463 |
| groups are to receive cash payments under the program; | 75464 |
| (9) Requirements governing county departments' administrative | 75465 |
| duties regarding the program. | 75466 |
| (E) In adopting rules under division (D)(2) of this section | 75467 |
| establishing the application process for the Employment Retention | 75468 |
| Incentive Program, the director may not require that application | 75469 |
| be submitted to county departments of job and family services. | 75470 |
| * Section 206.67.11. Section 206.67.10 of this act takes | 75471 |
| effect July 1, 2006. | 75472 |
| Section 206.67.12. EARLY LEARNING INITIATIVE | 75473 |
| (A) As used in this section: | 75474 |
| (1) "Title IV-A services" means benefits and services that | 75475 |
| are allowable under Title IV-A of the "Social Security Act," as | 75476 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 75477 |
| benefits and services included in the term "assistance" as defined | 75478 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 75479 |
| excluded from the definition of the term "assistance" under 45 | 75480 |
| C.F.R. 260.31(b). | 75481 |
| (2) "Title IV-A funds" means funds provided under the | 75482 |
| temporary assistance for needy families block grant established by | 75483 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 75484 |
| U.S.C. 601, as amended. | 75485 |
| (3) "Child care" has the same meaning as in section 5104.01 | 75486 |
| of the Revised Code. | 75487 |
| (4) "Eligible child" means a child eligible for Title IV-A | 75488 |
| services whose family income does not exceed one hundred | 75489 |
| eighty-five per cent of the federal poverty line at application. | 75490 |
| If the family income of a child receiving early learning services | 75491 |
| under this section exceeds one hundred ninety-five per cent of the | 75492 |
| federal poverty line, the child ceases to be eligible for an early | 75493 |
| learning program. | 75494 |
| (5) "Early learning program" means a program for eligible | 75495 |
| children that is funded with Title IV-A funds and provides Title | 75496 |
| IV-A services that are both of the following: | 75497 |
| (a) Early learning services, as defined by the Department of | 75498 |
| Education pursuant to division (C)(1) of Section 206.09.54 of this | 75499 |
| act; | 75500 |
| (b) Child care. | 75501 |
| (6) "Early learning provider" means an entity that is | 75502 |
| receiving Title IV-A funds to operate an early learning program. | 75503 |
| (7) "Early learning agency" means an early learning provider | 75504 |
| or an entity that has entered into an agreement with an early | 75505 |
| learning provider requiring the early learning provider to operate | 75506 |
| an early learning program on behalf of the entity. | 75507 |
| (8) "Federal poverty line" has the same meaning as in section | 75508 |
| 5104.01 of the Revised Code. | 75509 |
| (B) The Department of Job and Family Services and the | 75510 |
| Department of Education shall administer the Early Learning | 75511 |
| Initiative, established under Section 206.09.54 of this act, in | 75512 |
| accordance with sections 5101.80 and 5101.801 of the Revised Code. | 75513 |
| The Initiative shall provide early learning programs and child | 75514 |
| care to eligible children. | 75515 |
| (C) The Department of Job and Family Services shall do all of | 75516 |
| the following: | 75517 |
| (1) In consultation with the Department of Education, develop | 75518 |
| an application form and criteria for the selection of early | 75519 |
| learning agencies. The criteria shall require an early learning | 75520 |
| agency, or each early learning provider with which the agency has | 75521 |
| entered into an agreement for the operation of an early learning | 75522 |
| program on the agency's behalf, to be licensed or certified by the | 75523 |
| Department of Education under sections 3301.52 to 3301.59 of the | 75524 |
| Revised Code or by the Department of Job and Family Services under | 75525 |
| Chapter 5104. of the Revised Code. | 75526 |
| (2) Enter into a contract with each early learning agency in | 75527 |
| accordance with Section 206.09.54 of this act; | 75528 |
| (3) Reimburse early learning agencies for Title IV-A services | 75529 |
| provided to eligible children according to the terms of the | 75530 |
| contract and the rules adopted under division (C)(4) of this | 75531 |
| section; | 75532 |
| (4) In consultation with the Department of Education, adopt | 75533 |
| rules in accordance with Chapter 119. of the Revised Code to | 75534 |
| implement the Early Learning Initiative. The rules shall include | 75535 |
| provisions regarding the establishment of co-payments for families | 75536 |
| of eligible children whose family income is more than one hundred | 75537 |
| sixty-five per cent of the federal poverty line but equal to or | 75538 |
| less than one hundred ninety-five per cent of the federal poverty | 75539 |
| line. The rules shall exempt from co-payment requirements those | 75540 |
| families whose family income is equal to or less than one hundred | 75541 |
| sixty-five per cent of the federal poverty line. The rules also | 75542 |
| shall include a definition of "weekly attendance rate" for the | 75543 |
| purpose of reimbursing early learning agencies. | 75544 |
| (5) In consultation with the Department of Education, | 75545 |
| establish a caretaker employment eligibility requirement for | 75546 |
| participation in the Early Learning Initiative that specifies the | 75547 |
| minimum number of hours that the caretaker of the eligible child | 75548 |
| must be employed and the time period over which the minimum number | 75549 |
| of hours is to be measured. | 75550 |
| (D) Each county department of job and family services shall | 75551 |
| determine eligibility for Title IV-A services for children seeking | 75552 |
| to enroll in an early learning program and shall establish | 75553 |
| co-payment requirements in accordance with the rules adopted under | 75554 |
| division (C)(4) of this section. | 75555 |
| (E) The Department of Job and Family Services shall ensure | 75556 |
| that all reimbursements paid to an early learning agency under | 75557 |
| this section are only for Title IV-A services provided to eligible | 75558 |
| children. | 75559 |
| (F) Upon the transfer of appropriation from Department of | 75560 |
| Education appropriation line 200-663, Early Learning Initiative | 75561 |
| (Fund 5W2), to Department of Job and Family Services appropriation | 75562 |
| item 600-689, TANF Block Grant (Fund 3V6), up to $94,380,000 in | 75563 |
| fiscal year 2006 and up to $113,256,000 in fiscal year 2007 shall | 75564 |
| be used to reimburse early learning agencies under this section. | 75565 |
| The Department of Job and Family Services shall provide up to | 75566 |
| 10,000 slots of services for eligible children in fiscal year 2006 | 75567 |
| and up to 12,000 slots of services for eligible children in fiscal | 75568 |
| year 2007 through the Early Learning Initiative. In each fiscal | 75569 |
| year, the Department shall allocate at least seventeen slots of | 75570 |
| services to each county in the state. | 75571 |
| If, on or after the thirty-first day of December of each | 75572 |
| fiscal year, the Director of Budget and Management, in | 75573 |
| consultation with the Director of Job and Family Services and the | 75574 |
| Superintendent of Public Instruction, determines that there is a | 75575 |
| balance of funds in the Early Learning Initiative in either fiscal | 75576 |
| year 2006 or fiscal year 2007, the Director of Budget and | 75577 |
| Management may approve the use of the funds by the Department of | 75578 |
| Job and Family Services to provide publicly funded child care, as | 75579 |
| defined in section 5104.01 of the Revised Code. | 75580 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 75581 |
| (Fund 3V6), up to $800,000 in each fiscal year may be used by the | 75582 |
| Department of Job and Family Services for administration of the | 75583 |
| Early Learning Initiative. | 75584 |
| The Director of Budget and Management, at the request of the | 75585 |
| Director of Job and Family Services, may transfer in each fiscal | 75586 |
| year up to $2,200,000 cash from the Temporary Assistance for Needy | 75587 |
| Families Federal Fund (Fund 3V6) to the Early Learning Initiative | 75588 |
| (Fund 5W2) for administration of the Early Learning Initiative by | 75589 |
| the Department of Education. | 75590 |
| (G) Any contract executed prior to July 1, 2005, between an | 75591 |
| early learning agency, the Department of Job and Family Services, | 75592 |
| and the Department of Education shall be deemed to be effective as | 75593 |
| of July 1, 2005, upon issuance of a state purchase order even if | 75594 |
| such purchase order is approved at some later date, unless the | 75595 |
| executed contract expressly provides for a start date after July | 75596 |
| 1, 2005. | 75597 |
| Section 206.67.15. PRESCRIPTION DRUG REBATE FUND | 75598 |
| The foregoing appropriation item 600-692, Health Care | 75599 |
| Services, shall be used by the Department of Job and Family | 75600 |
| Services in accordance with section 5111.081 of the Revised Code. | 75601 |
| Moneys recovered by the Department for either hospital settlements | 75602 |
| or pursuant to the Department's rights of recovery under section | 75603 |
| 5101.58 of the Revised Code, that are not directed to the Health | 75604 |
| Care Services Administration Fund (Fund 5U3) under section 5111.94 | 75605 |
| of the Revised Code, shall also be deposited into Fund 5P5. | 75606 |
| Section 206.67.18. MEDICAID COVERAGE OF ALCOHOL, DRUG | 75607 |
| ADDICTION, AND MENTAL HEALTH SERVICES | 75608 |
| (A) The amendments made by this act to section 5111.911 of | 75609 |
| the Revised Code pertaining to the contracts between the | 75610 |
| Department of Job and Family Services and the Departments of | 75611 |
| Mental Health and Alcohol and Drug Addiction Services established | 75612 |
| as interagency agreements for the administration of components of | 75613 |
| the Medicaid program shall be implemented according to the | 75614 |
| following schedule: | 75615 |
| (1) As soon as practicable after the amendments go into | 75616 |
| effect, the contracts shall require or specify procedures for | 75617 |
| implementation of utilization review. | 75618 |
| (2) Not later than July 1, 2006, the contracts shall require | 75619 |
| or specify procedures for implementation of utilization management | 75620 |
| and care management. | 75621 |
| (3) Not later than July 1, 2007, the contracts shall require | 75622 |
| or specify a process for making payments to providers based on a | 75623 |
| provider-specific fixed-rate reimbursement methodology. | 75624 |
| (B) To the maximum extent possible, the amendments to section | 75625 |
| 5111.911 of the Revised Code shall be implemented in a manner that | 75626 |
| is consistent with the "State of Ohio Community Behavioral Health | 75627 |
| Medicaid Business Plan" finalized in August 2004, by the | 75628 |
| Departments of Job and Family Services, Mental Health, and Alcohol | 75629 |
| and Drug Addiction Services and the Ohio Association of Behavioral | 75630 |
| Health Authorities. | 75631 |
| Section 206.67.21. AGED, BLIND, AND DISABLED MANAGED CARE | 75632 |
| (A) Not later than June 30, 2006, the Director of Job and | 75633 |
| Family Services, in conjunction with the Office of Budget and | 75634 |
| Management, shall determine the amounts necessary to implement the | 75635 |
| Aged, Blind, and Disabled Managed Care Program. | 75636 |
| (B)(1) Notwithstanding section 183.02 of the Revised Code, on | 75637 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 75638 |
| Budget and Management shall transfer cash equal to the state share | 75639 |
| of the amount determined pursuant to division (A) of this section | 75640 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 75641 |
| the ABD Managed Care – State Fund (Fund 5BZ in the Department of | 75642 |
| Job and Family Services), which is hereby created. Of the tobacco | 75643 |
| revenue that is credited to the Tobacco Master Settlement | 75644 |
| Agreement Fund (Fund 087) in fiscal year 2006, the share that is | 75645 |
| determined pursuant to section 183.02 of the Revised Code to be | 75646 |
| the amount transferred by the Director of Budget and Management | 75647 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 75648 |
| the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) | 75649 |
| shall be reduced by the amount that is transferred from the | 75650 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD | 75651 |
| Managed Care – State Fund (Fund 5BZ) in accordance with this | 75652 |
| section. The amounts transferred under this division are hereby | 75653 |
| appropriated to appropriation item 600-698, ABD Managed Care – | 75654 |
| State. | 75655 |
| (2) Not later than July 31, 2007, the Director of Budget and | 75656 |
| Management shall transfer the unencumbered cash balance of the ABD | 75657 |
| Managed Care – State Fund (Fund 5BZ) to the Tobacco Use Prevention | 75658 |
| and Cessation Trust Fund (Fund H87). | 75659 |
| (C) The Department of Job and Family Services shall deposit | 75660 |
| federal reimbursement received for the Aged, Blind, and Disabled | 75661 |
| Managed Care Program into the ABD Managed Care – Federal Fund | 75662 |
| (Fund 3AZ), which is hereby created. Amounts deposited into Fund | 75663 |
| 3AZ are hereby appropriated to appropriation item 600-699, ABD | 75664 |
| Managed Care – Federal. | 75665 |
| Section 206.67.24. WAIVER OF FOOD STAMP WORK REQUIREMENTS | 75666 |
| Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job | 75667 |
| and Family Services shall request that the United States Secretary | 75668 |
| of Agriculture waive the applicability of the work requirement of | 75669 |
| 7 U.S.C. 2015(o)(2) during fiscal years 2006 and 2007 to food | 75670 |
| stamp benefit recipients who reside in a county of this state that | 75671 |
| the Department determines has an unemployment rate of over 10 per | 75672 |
| cent or does not have a sufficient number of jobs to provide | 75673 |
| employment for the recipients. The Department shall make monthly | 75674 |
| determinations of which counties the waiver shall be in effect in. | 75675 |
| No individual may be exempted from the work requirements for more | 75676 |
| than a total of twelve months beginning July 1, 2005, and ending | 75677 |
| June 30, 2007. | 75678 |
| The Department shall report to the Speaker and Minority | 75679 |
| Leader of the House of Representatives and President and Minority | 75680 |
| Leader of the Senate on receipt or rejection of the waiver sought | 75681 |
| under this section. | 75682 |
| Section 206.72. JCO JUDICIAL CONFERENCE OF OHIO | 75683 |
| General Revenue Fund | 75684 |
| GRF | 018-321 | Operating Expenses | $ | 957,000 | $ | 957,000 | 75685 | ||||
| TOTAL GRF General Revenue Fund | $ | 957,000 | $ | 957,000 | 75686 | ||||||
| General Services Fund Group | 75687 |
| 403 | 018-601 | Ohio Jury Instructions | $ | 225,000 | $ | 225,000 | 75688 | ||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 75689 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,182,000 | $ | 1,182,000 | 75690 | ||||||
| STATE COUNCIL OF UNIFORM STATE LAWS | 75691 |
| Notwithstanding section 105.26 of the Revised Code, of the | 75692 |
| foregoing appropriation item 018-321, Operating Expenses, up to | 75693 |
| $66,000 in fiscal year 2006 and up to $68,000 in fiscal year 2007 | 75694 |
| may be used to pay the expenses of the State Council of Uniform | 75695 |
| State Laws, including membership dues to the National Conference | 75696 |
| of Commissioners on Uniform State Laws. | 75697 |
| OHIO JURY INSTRUCTIONS FUND | 75698 |
| The Ohio Jury Instructions Fund (Fund 403) shall consist of | 75699 |
| grants, royalties, dues, conference fees, bequests, devises, and | 75700 |
| other gifts received for the purpose of supporting costs incurred | 75701 |
| by the Judicial Conference of Ohio in dispensing educational and | 75702 |
| informational data to the state's judicial system. Fund 403 shall | 75703 |
| be used by the Judicial Conference of Ohio to pay expenses | 75704 |
| incurred in dispensing educational and informational data to the | 75705 |
| state's judicial system. All moneys accruing to Fund 403 in excess | 75706 |
| of $225,000 in fiscal year 2006 and in excess of $225,000 in | 75707 |
| fiscal year 2007 are hereby appropriated for the purposes | 75708 |
| authorized. | 75709 |
| No money in the Ohio Jury Instructions Fund shall be | 75710 |
| transferred to any other fund by the Director of Budget and | 75711 |
| Management or the Controlling Board. | 75712 |
| Section 206.75. JSC THE JUDICIARY/SUPREME COURT | 75713 |
| General Revenue Fund | 75714 |
| GRF | 005-321 | Operating Expenses - Judiciary/Supreme Court | $ | 118,855,655 | $ | 121,441,259 | 75715 | ||||
| GRF | 005-401 | State Criminal Sentencing Council | $ | 328,676 | $ | 343,730 | 75716 | ||||
| GRF | 005-406 | Law-Related Education | $ | 216,131 | $ | 222,615 | 75717 | ||||
| GRF | 005-502 | Commission for Legal Education Opportunity | $ | 435,000 | $ | 875,000 | 75718 | ||||
| TOTAL GRF General Revenue Fund | $ | 119,835,462 | $ | 122,882,604 | 75719 | ||||||
| General Services Fund Group | 75720 |
| 672 | 005-601 | Continuing Judicial Education | $ | 130,000 | $ | 130,000 | 75721 | ||||
| TOTAL GSF General Services Fund Group | $ | 130,000 | $ | 130,000 | 75722 | ||||||
| Federal Special Revenue Fund Group | 75723 |
| 3J0 | 005-603 | Federal Grants | $ | 848,070 | $ | 861,382 | 75724 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 848,070 | $ | 861,382 | 75725 | ||||||
| State Special Revenue Fund Group | 75726 |
| 4C8 | 005-605 | Attorney Registration | $ | 3,169,774 | $ | 3,264,867 | 75727 | ||||
| 5T8 | 005-609 | Grants and Awards | $ | 10,000 | $ | 10,000 | 75728 | ||||
| 6A8 | 005-606 | Supreme Court Admissions | $ | 1,410,718 | $ | 1,453,042 | 75729 | ||||
| 643 | 005-607 | Commission on Continuing Legal Education | $ | 569,203 | $ | 586,261 | 75730 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,159,695 | $ | 5,314,170 | 75731 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 125,973,227 | $ | 129,188,156 | 75732 | ||||||
| LAW-RELATED EDUCATION | 75733 |
| The foregoing appropriation item 005-406, Law-Related | 75734 |
| Education, shall be distributed directly to the Ohio Center for | 75735 |
| Law-Related Education for the purposes of providing continuing | 75736 |
| citizenship education activities to primary and secondary | 75737 |
| students, expanding delinquency prevention programs, increasing | 75738 |
| activities for at-risk youth, and accessing additional public and | 75739 |
| private money for new programs. | 75740 |
| COMMISSION FOR LEGAL EDUCATION OPPORTUNITY | 75741 |
| The foregoing appropriation item 005-502, Commission for | 75742 |
| Legal Education Opportunity, shall be used to fund activities of | 75743 |
| the Commission for Legal Education Opportunity created by the | 75744 |
| Chief Justice of the Supreme Court of Ohio for purposes of | 75745 |
| assisting minority, low-income, and educationally disadvantaged | 75746 |
| college graduates in transition to legal education. Moneys | 75747 |
| appropriated to the Commission for Legal Education Opportunity may | 75748 |
| be used to establish and provide intensive course study designed | 75749 |
| to prepare eligible college graduates for law education, provide | 75750 |
| annual stipends for students who successfully complete the course | 75751 |
| of study and are admitted to and maintain satisfactory academic | 75752 |
| standing in an Ohio law school, and pay the administrative costs | 75753 |
| associated with the program. | 75754 |
| CONTINUING JUDICIAL EDUCATION | 75755 |
| The Continuing Judicial Education Fund (Fund 672) shall | 75756 |
| consist of fees paid by judges and court personnel for attending | 75757 |
| continuing education courses and other gifts and grants received | 75758 |
| for the purpose of continuing judicial education. The foregoing | 75759 |
| appropriation item 005-601, Continuing Judicial Education, shall | 75760 |
| be used to pay expenses for continuing education courses for | 75761 |
| judges and court personnel. If it is determined by the | 75762 |
| Administrative Director of the Supreme Court that additional | 75763 |
| appropriations are necessary, the amounts are hereby appropriated. | 75764 |
| No money in the Continuing Judicial Education Fund shall be | 75765 |
| transferred to any other fund by the Director of Budget and | 75766 |
| Management or the Controlling Board. Interest earned on moneys in | 75767 |
| the Continuing Judicial Education Fund shall be credited to the | 75768 |
| fund. | 75769 |
| FEDERAL GRANTS | 75770 |
| The Federal Grants Fund (Fund 3J0) shall consist of grants | 75771 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 75772 |
| the United States Government or other entities that receive the | 75773 |
| moneys directly from the United States Government and distribute | 75774 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 75775 |
| appropriation item 005-603, Federal Grants, shall be used in a | 75776 |
| manner consistent with the purpose of the grant or award. If it is | 75777 |
| determined by the Administrative Director of the Supreme Court | 75778 |
| that additional appropriations are necessary, the amounts are | 75779 |
| hereby appropriated. | 75780 |
| No money in the Federal Grants Fund shall be transferred to | 75781 |
| any other fund by the Director of Budget and Management or the | 75782 |
| Controlling Board. However, interest earned on moneys in the | 75783 |
| Federal Grants Fund shall be credited or transferred to the | 75784 |
| General Revenue Fund. | 75785 |
| ATTORNEY REGISTRATION | 75786 |
| In addition to funding other activities considered | 75787 |
| appropriate by the Supreme Court, the foregoing appropriation item | 75788 |
| 005-605, Attorney Registration, may be used to compensate | 75789 |
| employees and to fund appropriate activities of the following | 75790 |
| offices established by the Supreme Court under the Rules for the | 75791 |
| Government of the Bar of Ohio: the Office of Disciplinary Counsel, | 75792 |
| the Board of Commissioners on Grievances and Discipline, the | 75793 |
| Clients' Security Fund, the Board of Commissioners on the | 75794 |
| Unauthorized Practice of Law, and the Office of Attorney | 75795 |
| Registration. If it is determined by the Administrative Director | 75796 |
| of the Supreme Court that additional appropriations are necessary, | 75797 |
| the amounts are hereby appropriated. | 75798 |
| No moneys in the Attorney Registration Fund shall be | 75799 |
| transferred to any other fund by the Director of Budget and | 75800 |
| Management or the Controlling Board. Interest earned on moneys in | 75801 |
| the Attorney Registration Fund shall be credited to the fund. | 75802 |
| GRANTS AND AWARDS | 75803 |
| The Grants and Awards Fund (Fund 5T8) shall consist of grants | 75804 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 75805 |
| the State Justice Institute, the Division of Criminal Justice | 75806 |
| Services, or other entities. The foregoing appropriation item | 75807 |
| 005-609, Grants and Awards, shall be used in a manner consistent | 75808 |
| with the purpose of the grant or award. If it is determined by the | 75809 |
| Administrative Director of the Supreme Court that additional | 75810 |
| appropriations are necessary, the amounts are hereby appropriated. | 75811 |
| No moneys in the Grants and Awards Fund shall be transferred | 75812 |
| to any other fund by the Director of Budget and Management or the | 75813 |
| Controlling Board. However, interest earned on moneys in the | 75814 |
| Grants and Awards Fund shall be credited or transferred to the | 75815 |
| General Revenue Fund. | 75816 |
| SUPREME COURT ADMISSIONS | 75817 |
| The foregoing appropriation item 005-606, Supreme Court | 75818 |
| Admissions, shall be used to compensate Supreme Court employees | 75819 |
| who are primarily responsible for administering the attorney | 75820 |
| admissions program under the Rules for the Government of the Bar | 75821 |
| of Ohio, and to fund any other activities considered appropriate | 75822 |
| by the court. Moneys shall be deposited into the Supreme Court | 75823 |
| Admissions Fund (Fund 6A8) under the Supreme Court Rules for the | 75824 |
| Government of the Bar of Ohio. If it is determined by the | 75825 |
| Administrative Director of the Supreme Court that additional | 75826 |
| appropriations are necessary, the amounts are hereby appropriated. | 75827 |
| No moneys in the Supreme Court Admissions Fund shall be | 75828 |
| transferred to any other fund by the Director of Budget and | 75829 |
| Management or the Controlling Board. Interest earned on moneys in | 75830 |
| the Supreme Court Admissions Fund shall be credited to the fund. | 75831 |
| CONTINUING LEGAL EDUCATION | 75832 |
| The foregoing appropriation item 005-607, Commission on | 75833 |
| Continuing Legal Education, shall be used to compensate employees | 75834 |
| of the Commission on Continuing Legal Education established under | 75835 |
| the Supreme Court Rules for the Government of the Bar of Ohio, and | 75836 |
| to fund other activities of the commission considered appropriate | 75837 |
| by the court. If it is determined by the Administrative Director | 75838 |
| of the Supreme Court that additional appropriations are necessary, | 75839 |
| the amounts are hereby appropriated. | 75840 |
| No moneys in the Continuing Legal Education Fund shall be | 75841 |
| transferred to any other fund by the Director of Budget and | 75842 |
| Management or the Controlling Board. Interest earned on moneys in | 75843 |
| the Continuing Legal Education Fund shall be credited to the fund. | 75844 |
| Section 206.78. LEC LAKE ERIE COMMISSION | 75845 |
| State Special Revenue Fund Group | 75846 |
| 4C0 | 780-601 | Lake Erie Protection Fund | $ | 875,000 | $ | 875,000 | 75847 | ||||
| 5D8 | 780-602 | Lake Erie Resources Fund | $ | 486,072 | $ | 492,794 | 75848 | ||||
| TOTAL SSR State Special Revenue | 75849 | ||||||||||
| Fund Group | $ | 1,361,072 | $ | 1,367,794 | 75850 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,361,072 | $ | 1,367,794 | 75851 | ||||||
| CASH TRANSFER | 75852 |
| Not later than the thirtieth day of November of each fiscal | 75853 |
| year, the Executive Director of the Ohio Lake Erie Office, with | 75854 |
| the approval of the Lake Erie Commission, shall certify to the | 75855 |
| Director of Budget and Management the cash balance in the Lake | 75856 |
| Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet | 75857 |
| operating expenses of the Lake Erie Office. The Lake Erie Office | 75858 |
| may request the Director of Budget and Management to transfer up | 75859 |
| to the certified amount from the Lake Erie Resources Fund (Fund | 75860 |
| 5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of | 75861 |
| Budget and Management may transfer the requested amount, or the | 75862 |
| Director may transfer a different amount up to the certified | 75863 |
| amount. Cash transferred shall be used for the purposes described | 75864 |
| in division (A) of section 1506.23 of the Revised Code. The amount | 75865 |
| transferred by the director is hereby appropriated to the | 75866 |
| foregoing appropriation item 780-601, Lake Erie Protection Fund, | 75867 |
| which shall be increased by the amount transferred. | 75868 |
| Section 206.81. LRS LEGAL RIGHTS SERVICE | 75869 |
| General Revenue Fund | 75870 |
| GRF | 054-100 | Personal Services | $ | 162,281 | $ | 162,281 | 75871 | ||||
| GRF | 054-200 | Maintenance | $ | 33,938 | $ | 33,938 | 75872 | ||||
| GRF | 054-300 | Equipment | $ | 1,856 | $ | 1,856 | 75873 | ||||
| GRF | 054-401 | Ombudsman | $ | 291,247 | $ | 291,247 | 75874 | ||||
| TOTAL GRF General Revenue Fund | $ | 489,322 | $ | 489,322 | 75875 | ||||||
| General Services Fund Group | 75876 |
| 416 | 054-601 | Gifts and Donations | $ | 1,352 | $ | 1,352 | 75877 | ||||
| 5M0 | 054-610 | Settlements | $ | 75,000 | $ | 75,000 | 75878 | ||||
| TOTAL GSF General Services | 75879 | ||||||||||
| Fund Group | $ | 76,352 | $ | 76,352 | 75880 | ||||||
| Federal Special Revenue Fund Group | 75881 |
| 3AG | 054-613 | Protection and Advocacy - Voter Accessibility | $ | 114,089 | $ | 114,089 | 75882 | ||||
| 3B8 | 054-603 | Protection and Advocacy - Mentally Ill | $ | 1,059,041 | $ | 1,059,041 | 75883 | ||||
| 3N3 | 054-606 | Protection and Advocacy - Individual Rights | $ | 550,283 | $ | 550,283 | 75884 | ||||
| 3N9 | 054-607 | Assistive Technology | $ | 141,686 | $ | 141,686 | 75885 | ||||
| 3R9 | 054-604 | Family Support Collaborative | $ | 50,000 | $ | 50,000 | 75886 | ||||
| 3T2 | 054-609 | Client Assistance Program | $ | 400,553 | $ | 400,553 | 75887 | ||||
| 3X1 | 054-611 | Protection and Advocacy for Beneficiaries of Social Security | $ | 187,784 | $ | 187,784 | 75888 | ||||
| 3Z6 | 054-612 | Traumatic Brain Injury | $ | 65,138 | $ | 65,138 | 75889 | ||||
| 305 | 054-602 | Protection and Advocacy - Developmentally Disabled | $ | 1,369,082 | $ | 1,369,082 | 75890 | ||||
| TOTAL FED Federal Special Revenue | 75891 | ||||||||||
| Fund Group | $ | 3,937,656 | $ | 3,937,656 | 75892 | ||||||
| State Special Revenue Fund Group | 75893 |
| 5AE | 054-614 | Grants and Contracts | $ | 75,000 | $ | 75,000 | 75894 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 75,000 | $ | 75,000 | 75895 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,578,330 | $ | 4,578,330 | 75896 | ||||||
| Section 206.84. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 75898 |
| General Revenue Fund | 75899 |
| GRF | 028-321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 75900 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 75901 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 550,000 | $ | 550,000 | 75902 |
| Section 206.87. LSC LEGISLATIVE SERVICE COMMISSION | 75904 |
| General Revenue Fund | 75905 |
| GRF | 035-321 | Operating Expenses | $ | 14,770,000 | $ | 14,770,000 | 75906 | ||||
| GRF | 035-402 | Legislative Interns | $ | 1,012,000 | $ | 1,012,000 | 75907 | ||||
| GRF | 035-403 | Legislative Budget Office | $ | 656,427 | $ | 1,256,427 | 75908 | ||||
| GRF | 035-404 | Legislative Office of Education Oversight | $ | 600,000 | $ | 0 | 75909 | ||||
| GRF | 035-405 | Correctional Institution Inspection Committee | $ | 375,000 | $ | 390,000 | 75910 | ||||
| GRF | 035-409 | National Associations | $ | 445,000 | $ | 456,000 | 75911 | ||||
| GRF | 035-410 | Legislative Information Systems | $ | 3,625,000 | $ | 3,625,000 | 75912 | ||||
| TOTAL GRF General Revenue Fund | $ | 21,483,427 | $ | 21,509,427 | 75913 | ||||||
| General Services Fund Group | 75914 |
| 4F6 | 035-603 | Legislative Budget Services | $ | 152,000 | $ | 152,500 | 75915 | ||||
| 410 | 035-601 | Sale of Publications | $ | 25,000 | $ | 25,000 | 75916 | ||||
| TOTAL GSF General Services | 75917 | ||||||||||
| Fund Group | $ | 177,000 | $ | 177,500 | 75918 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,660,427 | $ | 21,686,927 | 75919 | ||||||
| ELIMINATION OF LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT | 75920 |
| The Office of Legislative Office of Education Oversight shall | 75921 |
| complete statutorily required studies by December 31, 2005. On | 75922 |
| January 1, 2006, the Director of Budget and Management shall | 75923 |
| transfer the unencumbered cash balance from appropriation item | 75924 |
| 035-404, Legislative Office of Education Oversight, to | 75925 |
| appropriation item 035-403, Legislative Budget Office. | 75926 |
| Section 206.90. LIB STATE LIBRARY BOARD | 75927 |
| General Revenue Fund | 75928 |
| GRF | 350-321 | Operating Expenses | $ | 6,398,677 | $ | 6,398,677 | 75929 | ||||
| GRF | 350-400 | Ohio Public Library Information Network | $ | 4,230,000 | $ | 4,230,000 | 75930 | ||||
| GRF | 350-401 | Ohioana Rental Payments | $ | 124,816 | $ | 124,816 | 75931 | ||||
| GRF | 350-501 | Library for the Blind-Cincinnati | $ | 535,615 | $ | 535,615 | 75932 | ||||
| GRF | 350-502 | Regional Library Systems | $ | 1,010,441 | $ | 1,010,441 | 75933 | ||||
| GRF | 350-503 | Library for the Blind-Cleveland | $ | 805,642 | $ | 805,642 | 75934 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,105,191 | $ | 13,105,191 | 75935 | ||||||
| General Services Fund Group | 75936 |
| 139 | 350-602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 75937 | ||||
| 4S4 | 350-604 | OPLIN Technology | $ | 3,000,000 | $ | 3,000,000 | 75938 | ||||
| 459 | 350-602 | Interlibrary Service Charges | $ | 2,469,925 | $ | 2,708,092 | 75939 | ||||
| TOTAL GSF General Services | 75940 | ||||||||||
| Fund Group | $ | 5,478,925 | $ | 5,717,092 | 75941 | ||||||
| Federal Special Revenue Fund Group | 75942 |
| 313 | 350-601 | LSTA Federal | $ | 5,643,905 | $ | 5,643,905 | 75943 | ||||
| TOTAL FED Federal Special Revenue | 75944 | ||||||||||
| Fund Group | $ | 5,643,905 | $ | 5,643,905 | 75945 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 24,228,021 | $ | 24,466,188 | 75946 | ||||||
| OHIOANA LIBRARY ASSOCIATION OPERATING FUNDS | 75947 |
| Of the foregoing appropriation item 350-321, Operating | 75948 |
| Expenses, $100,000 shall be used in each fiscal year to cover | 75949 |
| operating costs of the Ohioana Library Association. | 75950 |
| OHIOANA RENTAL PAYMENTS | 75951 |
| The foregoing appropriation item 350-401, Ohioana Rental | 75952 |
| Payments, shall be used to pay the rental expenses of the Martha | 75953 |
| Kinney Cooper Ohioana Library Association pursuant to section | 75954 |
| 3375.61 of the Revised Code. | 75955 |
| LIBRARY FOR THE BLIND-CINCINNATI | 75956 |
| The foregoing appropriation item 350-501, Library for the | 75957 |
| Blind-Cincinnati, shall be used for the Talking Book program, | 75958 |
| which assists the blind and disabled. | 75959 |
| REGIONAL LIBRARY SYSTEMS | 75960 |
| The foregoing appropriation item 350-502, Regional Library | 75961 |
| Systems, shall be used to support regional library systems | 75962 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 75963 |
| Revised Code. | 75964 |
| LIBRARY FOR THE BLIND-CLEVELAND | 75965 |
| The foregoing appropriation item 350-503, Library for the | 75966 |
| Blind-Cleveland, shall be used for the Talking Book program, which | 75967 |
| assists the blind and disabled. | 75968 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 75969 |
| The foregoing appropriation items 350-604, OPLIN Technology, | 75970 |
| and 350-400, Ohio Public Library Information Network, shall be | 75971 |
| used for an information telecommunications network linking public | 75972 |
| libraries in the state and such others as may be certified as | 75973 |
| participants by the Ohio Public Library Information Network Board. | 75974 |
| The Ohio Public Library Information Network Board shall | 75975 |
| consist of eleven members appointed by the State Library Board | 75976 |
| from among the staff of public libraries and past and present | 75977 |
| members of boards of trustees of public libraries, based on the | 75978 |
| recommendations of the Ohio library community. The Ohio Public | 75979 |
| Library Information Network Board, in consultation with the State | 75980 |
| Library, shall develop a plan of operations for the network. The | 75981 |
| board may make decisions regarding use of the foregoing | 75982 |
| appropriation items 350-400, Ohio Public Library Information | 75983 |
| Network, and 350-604, OPLIN Technology, may receive and expend | 75984 |
| grants to carry out the operations of the network in accordance | 75985 |
| with state law, and may appoint and fix the compensation of a | 75986 |
| director and necessary staff. The State Library shall be the | 75987 |
| fiscal agent for the network and shall have fiscal accountability | 75988 |
| for the expenditure of funds. The Ohio Public Library Information | 75989 |
| Network Board members shall be reimbursed for actual travel and | 75990 |
| necessary expenses incurred in carrying out their | 75991 |
| responsibilities. | 75992 |
| In order to limit access to obscene and illegal materials | 75993 |
| through internet use at Ohio Public Library Information Network | 75994 |
| (OPLIN) terminals, local libraries with OPLIN computer terminals | 75995 |
| shall adopt policies that control access to obscene and illegal | 75996 |
| materials. These policies may include use of technological systems | 75997 |
| to select or block certain internet access. The OPLIN shall | 75998 |
| condition provision of its funds, goods, and services on | 75999 |
| compliance with these policies. The OPLIN Board shall also adopt | 76000 |
| and communicate specific recommendations to local libraries on | 76001 |
| methods to control such improper usage. These methods may include | 76002 |
| each library implementing a written policy controlling such | 76003 |
| improper use of library terminals and requirements for parental | 76004 |
| involvement or written authorization for juvenile internet usage. | 76005 |
| The OPLIN Board shall research and assist or advise local | 76006 |
| libraries with regard to emerging technologies and methods that | 76007 |
| may be effective means to control access to obscene and illegal | 76008 |
| materials. The OPLIN Executive Director shall biannually provide | 76009 |
| written reports to the Governor, the Speaker and Minority Leader | 76010 |
| of the House of Representatives, and the President and Minority | 76011 |
| Leader of the Senate on any steps being taken by OPLIN and public | 76012 |
| libraries in the state to limit and control such improper usage as | 76013 |
| well as information on technological, legal, and law enforcement | 76014 |
| trends nationally and internationally affecting this area of | 76015 |
| public access and service. | 76016 |
| The Ohio Public Library Information Network, INFOhio, and | 76017 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 76018 |
| in their purchase or other acquisition of the use of electronic | 76019 |
| databases for their respective users and shall contribute funds in | 76020 |
| an equitable manner to such effort. | 76021 |
| Section 206.93. LCO LIQUOR CONTROL COMMISSION | 76022 |
| Liquor Control Fund Group | 76023 |
| 043 | 970-321 | Operating Expenses | $ | 781,181 | $ | 803,348 | 76024 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 781,181 | $ | 803,348 | 76025 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 781,181 | $ | 803,348 | 76026 | ||||||
| Section 206.96. LOT STATE LOTTERY COMMISSION | 76028 |
| General Services Fund Group | 76029 |
| 231 | 950-604 | Charitable Gaming Oversight | $ | 1,200,000 | $ | 1,200,000 | 76030 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,200,000 | $ | 1,200,000 | 76031 | ||||||
| State Lottery Fund Group | 76032 |
| 044 | 950-100 | Personal Services | $ | 24,969,422 | $ | 25,457,016 | 76033 | ||||
| 044 | 950-200 | Maintenance | $ | 17,642,894 | $ | 17,954,156 | 76034 | ||||
| 044 | 950-300 | Equipment | $ | 2,517,533 | $ | 2,494,718 | 76035 | ||||
| 044 | 950-402 | Game and Advertising Contracts | $ | 70,524,000 | $ | 70,024,000 | 76036 | ||||
| 044 | 950-500 | Problem Gambling Subsidy | $ | 335,000 | $ | 335,000 | 76037 | ||||
| 044 | 950-601 | Prizes, Bonuses, and Commissions | $ | 150,952,466 | $ | 147,716,286 | 76038 | ||||
| 871 | 950-602 | Annuity Prizes | $ | 148,680,031 | $ | 138,918,557 | 76039 | ||||
| TOTAL SLF State Lottery Fund | 76040 | ||||||||||
| Group | $ | 415,621,346 | $ | 402,899,733 | 76041 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 416,821,346 | $ | 404,099,733 | 76042 | ||||||
| OPERATING EXPENSES | 76043 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 76044 |
| Code, the Controlling Board may, at the request of the State | 76045 |
| Lottery Commission, authorize additional appropriations for | 76046 |
| operating expenses of the State Lottery Commission from the State | 76047 |
| Lottery Fund up to a maximum of 15 per cent of anticipated total | 76048 |
| revenue accruing from the sale of lottery tickets. | 76049 |
| PRIZES, BONUSES, AND COMMISSIONS | 76050 |
| Any amounts, in addition to the amounts appropriated in | 76051 |
| appropriation item 950-601, Prizes, Bonuses, and Commissions, that | 76052 |
| the Director of the State Lottery Commission determines to be | 76053 |
| necessary to fund prizes, bonuses, and commissions are hereby | 76054 |
| appropriated. | 76055 |
| ANNUITY PRIZES | 76056 |
| With the approval of the Office of Budget and Management, the | 76057 |
| State Lottery Commission shall transfer cash from the State | 76058 |
| Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund | 76059 |
| (Fund 871) in an amount sufficient to fund deferred prizes. The | 76060 |
| Treasurer of State, from time to time, shall credit the Deferred | 76061 |
| Prizes Trust Fund (Fund 871) the pro rata share of interest earned | 76062 |
| by the Treasurer of State on invested balances. | 76063 |
| Any amounts, in addition to the amounts appropriated in | 76064 |
| appropriation item 950-602, Annuity Prizes, that the Director of | 76065 |
| the State Lottery Commission determines to be necessary to fund | 76066 |
| deferred prizes and interest earnings are hereby appropriated. | 76067 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 76068 |
| The Ohio Lottery Commission shall transfer an amount greater | 76069 |
| than or equal to $637,900,000 in fiscal year 2006 and $637,900,000 | 76070 |
| in fiscal year 2007 to the Lottery Profits Education Fund. | 76071 |
| Transfers from the Commission to the Lottery Profits Education | 76072 |
| Fund shall represent the estimated net income from operations for | 76073 |
| the Commission in fiscal year 2006 and fiscal year 2007. Transfers | 76074 |
| by the Commission to the Lottery Profits Education Fund shall be | 76075 |
| administered as the statutes direct. | 76076 |
| Section 206.99. MHC MANUFACTURED HOMES COMMISSION | 76077 |
| General Services Fund Group | 76078 |
| 4K9 | 996-609 | Operating Expenses | $ | 272,500 | $ | 0 | 76079 | ||||
| TOTAL GSF General Services | 76080 | ||||||||||
| Fund Group | $ | 272,500 | $ | 0 | 76081 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 272,500 | $ | 0 | 76082 | ||||||
| INCREASED APPROPRIATION THROUGH CONTROLLING BOARD | 76083 |
| The Manufactured Homes Commission shall seek Controlling | 76084 |
| Board approval in fiscal year 2006 for a planned increase of at | 76085 |
| least $356,250 in appropriation item 996-609, Operating Expenses. | 76086 |
| Section 209.01. DOM DEPARTMENT OF OHIO MEDICAID | 76087 |
| General Revenue Fund | 76088 |
| GRF | 450-425 | Office of Ohio Health Plans | 76089 | ||||||||
| State | $ | 24,803,631 | $ | 24,054,873 | 76090 | ||||||
| Federal | $ | 26,539,544 | $ | 25,810,409 | 76091 | ||||||
| Office of Ohio Health Plans Total | $ | 51,343,175 | $ | 49,865,282 | 76092 |
| GRF | 450-525 | Health Care/Medicaid | 76093 | ||||||||
| State | $ | 3,781,842,629 | $ | 3,820,340,675 | 76094 | ||||||
| Federal | $ | 5,659,250,287 | $ | 5,768,292,576 | 76095 | ||||||
| Health Care Total | $ | 9,441,092,916 | $ | 9,588,633,251 | 76096 | ||||||
| GRF | 450-526 | Medicare Part D | $ | 155,349,266 | $ | 339,578,325 | 76097 | ||||
| Total GRF General Revenue Fund | 76098 | ||||||||||
| State | $ | 3,961,995,526 | $ | 4,183,973,873 | 76099 | ||||||
| Federal | $ | 5,685,789,831 | $ | 5,794,102,985 | 76100 | ||||||
| GRF Total | $ | 9,647,785,357 | $ | 9,978,076,858 | 76101 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,647,785,357 | $ | 9,978,076,858 | 76102 | ||||||
| Section 209.01.03. MEDICAID APPROPRIATIONS | 76104 |
| The foregoing appropriation items 450-425, Office of Ohio | 76105 |
| Health Plans, 450-525, Health Care/Medicaid, and 450-526, Medicare | 76106 |
| Part D, shall be used by the Department of Job and Family Services | 76107 |
| for the Ohio Medicaid program. | 76108 |
| Section 209.01.06. HEALTH CARE/MEDICAID | 76109 |
| The foregoing appropriation item 450-525, Health | 76110 |
| Care/Medicaid, shall not be limited by section 131.33 of the | 76111 |
| Revised Code. | 76112 |
| Section 209.01.09. MEDICARE PART D | 76113 |
| The foregoing appropriation item 450-526, Medicare Part D, | 76114 |
| may be used by the Department of Job and Family Services for the | 76115 |
| implementation and operation of the Medicare Part D requirements | 76116 |
| contained in the "Medicare Prescription Drug, Improvement, and | 76117 |
| Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon | 76118 |
| the request of the Department of Job and Family Services, the | 76119 |
| Director of Budget and Management may increase the state share of | 76120 |
| appropriations in either appropriation item 450-525, Health | 76121 |
| Care/Medicaid, or appropriation item 450-526, Medicare Part D, | 76122 |
| with a corresponding decrease in the state share of the other | 76123 |
| appropriation item to allow the Department of Job and Family | 76124 |
| Services to implement and operate the new Medicare Part D | 76125 |
| requirements. If the state share of appropriation item 450-525, | 76126 |
| Health Care/Medicaid, is adjusted, the Director of Budget and | 76127 |
| Management shall adjust the federal share accordingly. | 76128 |
| Section 209.03. MED STATE MEDICAL BOARD | 76129 |
| General Services Fund Group | 76130 |
| 5C6 | 883-609 | Operating Expenses | $ | 7,467,317 | $ | 7,467,317 | 76131 | ||||
| TOTAL GSF General Services | 76132 | ||||||||||
| Fund Group | $ | 7,467,317 | $ | 7,467,317 | 76133 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,467,317 | $ | 7,467,317 | 76134 | ||||||
| Section 209.04. AMB MEDICAL TRANSPORTATION BOARD | 76136 |
| General Services Fund Group | 76137 |
| 4N1 | 915-601 | Operating Expenses | $ | 388,450 | $ | 0 | 76138 | ||||
| TOTAL GSF General Services | 76139 | ||||||||||
| Fund Group | $ | 388,450 | $ | 0 | 76140 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 388,450 | $ | 0 | 76141 | ||||||
| Section 209.06. DMH DEPARTMENT OF MENTAL HEALTH | 76143 |
| General Services Fund Group | 76144 |
| 151 | 235-601 | General Administration | $ | 89,614,180 | $ | 93,898,713 | 76145 | ||||
| TOTAL ISF Intragovernmental | 76146 | ||||||||||
| Service Fund Group | $ | 89,614,180 | $ | 93,898,713 | 76147 | ||||||
| 76148 |
| 76149 |
| General Revenue Fund | 76150 |
| GRF | 332-401 | Forensic Services | $ | 4,338,858 | $ | 4,338,858 | 76151 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,338,858 | $ | 4,338,858 | 76152 | ||||||
| FORENSIC SERVICES | 76153 |
| The foregoing appropriation item 332-401, Forensic Services, | 76154 |
| shall be used to provide psychiatric services to courts of common | 76155 |
| pleas. The appropriation shall be allocated through community | 76156 |
| mental health boards to certified community agencies and shall be | 76157 |
| distributed according to the criteria delineated in rule | 76158 |
| 5122:4-1-01 of the Administrative Code. These community forensic | 76159 |
| funds may also be used to provide forensic training to community | 76160 |
| mental health boards and to forensic psychiatry residency programs | 76161 |
| in hospitals operated by the Department of Mental Health and to | 76162 |
| provide evaluations of patients of forensic status in facilities | 76163 |
| operated by the Department of Mental Health prior to conditional | 76164 |
| release to the community. | 76165 |
| In addition, appropriation item 332-401, Forensic Services, | 76166 |
| may be used to support projects involving mental health, substance | 76167 |
| abuse, courts, and law enforcement to identify and develop | 76168 |
| appropriate alternative services to institutionalization for | 76169 |
| nonviolent mentally ill offenders, and to provide linkage to | 76170 |
| community services for severely mentally disabled offenders | 76171 |
| released from institutions operated by the Department of | 76172 |
| Rehabilitation and Correction. Funds may also be utilized to | 76173 |
| provide forensic monitoring and tracking in addition to community | 76174 |
| programs serving persons of forensic status on conditional release | 76175 |
| or probation. | 76176 |
| 76177 |
| 76178 |
| General Revenue Fund | 76179 |
| GRF | 333-321 | Central Administration | $ | 23,853,669 | $ | 23,853,669 | 76180 | ||||
| GRF | 333-402 | Resident Trainees | $ | 1,364,919 | $ | 1,364,919 | 76181 | ||||
| GRF | 333-403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 76182 | ||||
| GRF | 333-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 76183 | ||||
| GRF | 333-416 | Research Program Evaluation | $ | 1,001,551 | $ | 1,001,551 | 76184 | ||||
| TOTAL GRF General Revenue Fund | $ | 50,166,474 | $ | 50,703,874 | 76185 | ||||||
| General Services Fund Group | 76186 |
| 149 | 333-609 | Central Office Rotary - Operating | $ | 883,773 | $ | 893,786 | 76187 | ||||
| TOTAL General Services Fund Group | $ | 883,773 | $ | 893,786 | 76188 | ||||||
| Federal Special Revenue Fund Group | 76189 |
| 3A6 | 333-608 | Community & Hospital Services | $ | 65,000 | $ | 0 | 76190 | ||||
| 3A8 | 333-613 | Federal Grant - Administration | $ | 562,417 | $ | 512,417 | 76191 | ||||
| 3A9 | 333-614 | Mental Health Block Grant | $ | 748,740 | $ | 748,470 | 76192 | ||||
| 3B1 | 333-635 | Community Medicaid Expansion | $ | 3,671,537 | $ | 3,691,683 | 76193 | ||||
| 324 | 333-605 | Medicaid/Medicare | $ | 150,000 | $ | 150,000 | 76194 | ||||
| TOTAL Federal Special Revenue | 76195 | ||||||||||
| Fund Group | $ | 5,197,694 | $ | 5,102,570 | 76196 | ||||||
| State Special Revenue Fund Group | 76197 |
| 4X5 | 333-607 | Behavioral Health Medicaid Services | $ | 3,000,634 | $ | 3,000,634 | 76198 | ||||
| 485 | 333-632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 76199 | ||||
| TOTAL State Special Revenue | 76200 | ||||||||||
| Fund Group | $ | 3,134,867 | $ | 3,134,867 | 76201 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 59,382,808 | $ | 59,835,097 | 76202 | ||||||
| RESIDENCY TRAINEESHIP PROGRAMS | 76203 |
| The foregoing appropriation item 333-402, Resident Trainees, | 76204 |
| shall be used to fund training agreements entered into by the | 76205 |
| Department of Mental Health for the development of curricula and | 76206 |
| the provision of training programs to support public mental health | 76207 |
| services. | 76208 |
| PRE-ADMISSION SCREENING EXPENSES | 76209 |
| The foregoing appropriation item 333-403, Pre-Admission | 76210 |
| Screening Expenses, shall be used to pay for costs to ensure that | 76211 |
| uniform statewide methods for pre-admission screening are in place | 76212 |
| to perform assessments for persons in need of mental health | 76213 |
| services or for whom institutional placement in a hospital or in | 76214 |
| another inpatient facility is sought. Pre-admission screening | 76215 |
| includes the following activities: pre-admission assessment, | 76216 |
| consideration of continued stay requests, discharge planning and | 76217 |
| referral, and adjudication of appeals and grievance procedures. | 76218 |
| LEASE-RENTAL PAYMENTS | 76219 |
| The foregoing appropriation item 333-415, Lease-Rental | 76220 |
| Payments, shall be used to meet all payments at the times they are | 76221 |
| required to be made during the period from July 1, 2005, to June | 76222 |
| 30, 2007, by the Department of Mental Health under leases and | 76223 |
| agreements made under section 154.20 of the Revised Code, but | 76224 |
| limited to the aggregate amount of $47,129,800. Nothing in this | 76225 |
| act shall be deemed to contravene the obligation of the state to | 76226 |
| pay, without necessity for further appropriation, from the sources | 76227 |
| pledged thereto, the bond service charges on obligations issued | 76228 |
| under section 154.20 of the Revised Code. | 76229 |
| BEHAVIORAL HEALTH MEDICAID SERVICES | 76230 |
| The Department of Mental Health shall administer specified | 76231 |
| Medicaid Services as delegated by the Department of Job and Family | 76232 |
| Services in an interagency agreement. The foregoing appropriation | 76233 |
| item 333-607, Behavioral Health Medicaid Services, may be used to | 76234 |
| make payments for free-standing psychiatric hospital inpatient | 76235 |
| services as defined in an interagency agreement with the | 76236 |
| Department of Job and Family Services. | 76237 |
| Section 209.06.03. DIVISION OF MENTAL HEALTH - HOSPITALS | 76238 |
| General Revenue Fund | 76239 |
| GRF | 334-408 | Community and Hospital Mental Health Services | $ | 390,424,545 | $ | 400,324,545 | 76240 | ||||
| GRF | 334-506 | Court Costs | $ | 976,652 | $ | 976,652 | 76241 | ||||
| TOTAL GRF General Revenue Fund | $ | 391,401,197 | $ | 401,301,197 | 76242 | ||||||
| General Services Fund Group | 76243 |
| 149 | 334-609 | Hospital Rotary - Operating Expenses | $ | 24,408,053 | $ | 24,408,053 | 76244 | ||||
| 150 | 334-620 | Special Education | $ | 120,930 | $ | 120,930 | 76245 | ||||
| TOTAL GSF General Services | 76246 | ||||||||||
| Fund Group | $ | 24,528,983 | $ | 24,528,983 | 76247 | ||||||
| Federal Special Revenue Fund Group | 76248 |
| 3A6 | 334-608 | Subsidy for Federal Grants | $ | 586,224 | $ | 586,224 | 76249 | ||||
| 3A8 | 334-613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 76250 | ||||
| 3B0 | 334-617 | Elementary and Secondary Education Act | $ | 171,930 | $ | 178,807 | 76251 | ||||
| 3B1 | 334-635 | Hospital Medicaid Expansion | $ | 2,000,000 | $ | 2,000,000 | 76252 | ||||
| 324 | 334-605 | Medicaid/Medicare | $ | 11,764,280 | $ | 11,873,408 | 76253 | ||||
| TOTAL FED Federal Special Revenue | 76254 | ||||||||||
| Fund Group | $ | 14,722,434 | $ | 14,838,439 | 76255 | ||||||
| State Special Revenue Fund Group | 76256 |
| 485 | 334-632 | Mental Health Operating | $ | 2,476,297 | $ | 2,476,297 | 76257 | ||||
| 692 | 334-636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 76258 | ||||
| TOTAL SSR State Special Revenue | 76259 | ||||||||||
| Fund Group | $ | 2,556,297 | $ | 2,556,297 | 76260 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 433,208,911 | $ | 443,224,916 | 76261 | ||||||
| COMMUNITY MENTAL HEALTH BOARD RISK FUND | 76262 |
| The foregoing appropriation item 334-636, Community Mental | 76263 |
| Health Board Risk Fund, shall be used to make payments under | 76264 |
| section 5119.62 of the Revised Code. | 76265 |
| Section 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY | 76266 |
| SUPPORT SERVICES | 76267 |
| General Revenue Fund | 76268 |
| GRF | 335-404 | Behavioral Health Services-Children | $ | 6,365,265 | $ | 7,365,265 | 76269 | ||||
| GRF | 335-405 | Family & Children First | $ | 1,760,000 | $ | 1,760,000 | 76270 | ||||
| GRF | 335-419 | Community Medication Subsidy | $ | 7,959,798 | $ | 7,959,798 | 76271 | ||||
| GRF | 335-505 | Local Mental Health Systems of Care | $ | 94,687,868 | $ | 99,687,868 | 76272 | ||||
| TOTAL GRF General Revenue Fund | $ | 110,772,931 | $ | 116,772,931 | 76273 | ||||||
| General Services Fund Group | 76274 |
| 4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 76275 | ||||
| TOTAL GSF General Services | 76276 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 76277 | ||||||
| Federal Special Revenue Fund Group | 76278 |
| 3A6 | 335-608 | Federal Miscellaneous | $ | 1,089,699 | $ | 678,699 | 76279 | ||||
| 3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 76280 | ||||
| 3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,407,040 | $ | 2,407,040 | 76281 | ||||
| 3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 76282 | ||||
| 3B1 | 335-635 | Community Medicaid Expansion | $ | 264,088,404 | $ | 282,807,902 | 76283 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 291,211,831 | $ | 309,520,329 | 76284 | ||||||
| State Special Revenue Fund Group | 76285 |
| 632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 76286 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 350,000 | $ | 350,000 | 76287 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 402,584,762 | $ | 426,893,260 | 76288 | ||||||
| DEPARTMENT TOTAL | 76289 | ||||||||||
| GENERAL REVENUE FUND | $ | 556,679,460 | $ | 573,116,860 | 76290 | ||||||
| DEPARTMENT TOTAL | 76291 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 115,276,926 | $ | 119,571,482 | 76292 | ||||||
| DEPARTMENT TOTAL | 76293 | ||||||||||
| FEDERAL SPECIAL REVENUE | 76294 | ||||||||||
| FUND GROUP | $ | 311,131,959 | $ | 329,461,338 | 76295 | ||||||
| DEPARTMENT TOTAL | 76296 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 6,041,164 | $ | 6,041,164 | 76297 | ||||||
| DEPARTMENT TOTAL | 76298 | ||||||||||
| TOTAL DEPARTMENT OF MENTAL HEALTH | $ | 989,129,519 | $ | 1,028,190,844 | 76299 | ||||||
| Section 209.06.09. COMMUNITY MEDICATION SUBSIDY | 76301 |
| The foregoing appropriation item 335-419, Community | 76302 |
| Medication Subsidy, shall be used to provide subsidized support | 76303 |
| for psychotropic medication needs of indigent citizens in the | 76304 |
| community to reduce unnecessary hospitalization because of lack of | 76305 |
| medication and to provide subsidized support for methadone costs. | 76306 |
| LOCAL MENTAL HEALTH SYSTEMS OF CARE | 76307 |
| The foregoing appropriation item 335-505, Local Mental Health | 76308 |
| Systems of Care, shall be used for mental health services provided | 76309 |
| by community mental health boards in accordance with a community | 76310 |
| mental health plan submitted under section 340.03 of the Revised | 76311 |
| Code and as approved by the Department of Mental Health. | 76312 |
| Of the foregoing appropriation, not less than $34,818,917 in | 76313 |
| fiscal year 2006 and not less than $34,818,917 in fiscal year 2007 | 76314 |
| shall be distributed by the Department of Mental Health on a per | 76315 |
| capita basis to community mental health boards. | 76316 |
| Of the foregoing appropriation, $100,000 in each fiscal year | 76317 |
| shall be used to fund family and consumer education and support. | 76318 |
| BEHAVIORAL HEALTH - CHILDREN | 76319 |
| The foregoing appropriation item 335-404, Behavioral Health | 76320 |
| Services-Children, shall be used to provide behavioral health | 76321 |
| services for children and their families. Behavioral health | 76322 |
| services include mental health and alcohol and other drug | 76323 |
| treatment services and other necessary supports. | 76324 |
| Of the foregoing appropriation item 335-404, Behavioral | 76325 |
| Health Services-Children, an amount up to $5.0 million in fiscal | 76326 |
| year 2006 and $6.0 million in fiscal year 2007 shall be | 76327 |
| distributed to local Alcohol, Drug Addiction, and Mental Health | 76328 |
| Boards; Community Mental Health Boards; and Alcohol and Drug | 76329 |
| Addiction Boards, based upon an approved plan developed and | 76330 |
| endorsed by the local Family and Children First Council. Plans for | 76331 |
| the use of these funds shall be approved by a team of state and | 76332 |
| local stakeholders appointed by the Ohio Family and Children First | 76333 |
| Cabinet Council. This team shall be appointed not later than July | 76334 |
| 1, 2005, and shall include, but not be limited to, all of the | 76335 |
| following: | 76336 |
| (A) At least one representative from each of the Departments | 76337 |
| of Alcohol and Drug Addiction Services, Mental Health, Education, | 76338 |
| Job and Family Services, Mental Retardation and Developmental | 76339 |
| Disabilities, and the Department of Youth Services; | 76340 |
| (B) At least one person representing local public children's | 76341 |
| services agencies; | 76342 |
| (C) At least one person representing juvenile courts; | 76343 |
| (D) At least one person representing local Alcohol, Drug | 76344 |
| Addiction, and Mental Health Boards; Community Mental Health | 76345 |
| Boards; and Alcohol and Drug Addiction Boards; | 76346 |
| (E) At least one person representing local Family and | 76347 |
| Children First Council Coordinators; | 76348 |
| (F) At least one family representative. | 76349 |
| Plans shall be clearly connected to the county service | 76350 |
| coordination mechanism as defined in section 121.37 of the Revised | 76351 |
| Code and shall address all of the following as determined by a | 76352 |
| team of state and local stakeholders appointed by the Ohio Family | 76353 |
| and Children First Cabinet Council: | 76354 |
| (A) Providing services to children with behavioral health | 76355 |
| disorders, particularly those with intensive needs, and their | 76356 |
| families, across all child-serving systems, including child | 76357 |
| welfare and juvenile justice and for those youth whose parents | 76358 |
| would otherwise have to relinquish custody to obtain needed | 76359 |
| behavioral health services; | 76360 |
| (B) Assuring that families are included in all service | 76361 |
| planning activities and have access to advocates to assist them if | 76362 |
| they choose; | 76363 |
| (C) Implementation of home-based services and other | 76364 |
| alternatives to out-of-home placement; | 76365 |
| (D) Assuring that all individual service plans for children | 76366 |
| and their families address the academic achievement of the child; | 76367 |
| (E) Coordinating the most efficient and effective use of | 76368 |
| federal, state, and local funds to meet the needs of children and | 76369 |
| their families. | 76370 |
| Funds may be used to support the following services and | 76371 |
| activities: | 76372 |
| (A) Mental health services provided by the Ohio Department of | 76373 |
| Mental Health certified agencies and alcohol and other drug | 76374 |
| services provided by Department of Alcohol and Drug Addiction | 76375 |
| Services certified agencies; | 76376 |
| (B) Services and supports for children and their families | 76377 |
| that further the implementation of their individual service plans; | 76378 |
| (C) Treatment services in out-of-home settings, including | 76379 |
| residential facilities, when other alternatives are not available | 76380 |
| or feasible; | 76381 |
| (D) Administrative support for efforts associated with this | 76382 |
| initiative; | 76383 |
| (E) These funds shall not be used to supplant existing | 76384 |
| efforts. | 76385 |
| The Ohio Family and Children First Cabinet Council appointed | 76386 |
| team shall approve the plans for local behavioral health services | 76387 |
| and ensure the plans are components of and properly coordinated | 76388 |
| with the county service coordination plan as defined in section | 76389 |
| 121.37 of the Revised Code. In addition to approving the plans for | 76390 |
| new behavioral health funding, this team shall design a mechanism | 76391 |
| to provide technical assistance to local communities, monitor the | 76392 |
| plans, and may, as part of the monitoring role, conduct site | 76393 |
| visits. | 76394 |
| Of the foregoing appropriation item 335-404, Behavioral | 76395 |
| Health Services-Children, an amount up to $1.0 million in fiscal | 76396 |
| year 2006 and $1.0 million in fiscal year 2007 shall be used to | 76397 |
| support at least three demonstration projects, as determined by | 76398 |
| the Ohio Family and Children First Cabinet Council, in select | 76399 |
| areas around the state to focus on improving behavioral health | 76400 |
| services for children involved in the child welfare and juvenile | 76401 |
| justice systems. At least one of these demonstration projects | 76402 |
| shall focus on services for adolescent girls that are involved in | 76403 |
| or at risk of involvement with the juvenile justice system. | 76404 |
| Section 209.09. DMR DEPARTMENT OF MENTAL RETARDATION AND | 76405 |
| DEVELOPMENTAL DISABILITIES | 76406 |
| Section 209.09.03. GENERAL ADMINISTRATION AND STATEWIDE | 76407 |
| SERVICES | 76408 |
| General Revenue Fund | 76409 |
| GRF | 320-321 | Central Administration | $ | 9,357,877 | $ | 9,357,874 | 76410 | ||||
| GRF | 320-412 | Protective Services | $ | 2,463,000 | $ | 2,463,000 | 76411 | ||||
| GRF | 320-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 76412 | ||||
| TOTAL GRF General Revenue Fund | $ | 35,117,077 | $ | 35,654,474 | 76413 | ||||||
| General Services Fund Group | 76414 |
| 4B5 | 320-640 | Conference/Training | $ | 300,000 | $ | 300,000 | 76415 | ||||
| TOTAL GSF General Services | 76416 | ||||||||||
| Fund Group | $ | 300,000 | $ | 300,000 | 76417 | ||||||
| Federal Special Revenue Fund Group | 76418 |
| 3A4 | 320-605 | Administrative Support | $ | 13,492,892 | $ | 13,492,892 | 76419 | ||||
| 3A5 | 320-613 | DD Council Operating | $ | 895,440 | $ | 895,440 | 76420 | ||||
| Expenses | 76421 | ||||||||||
| 325 | 320-634 | Protective Services | $ | 100,000 | $ | 100,000 | 76422 | ||||
| TOTAL FED Federal Special Revenue | 76423 | ||||||||||
| Fund Group | $ | 14,488,332 | $ | 14,488,332 | 76424 | ||||||
| State Special Revenue Fund Group | 76425 | ||||||||||
| 5S2 | 590-622 | Medicaid Administration & Oversight | $ | 8,000,000 | $ | 8,000,000 | 76426 | ||||
| TOTAL SSR State Special Revenue | 76427 | ||||||||||
| Fund Group | $ | 8,000,000 | $ | 8,000,000 | 76428 | ||||||
| TOTAL ALL GENERAL ADMINISTRATION | 76429 | ||||||||||
| AND STATEWIDE SERVICES | 76430 | ||||||||||
| BUDGET FUND GROUPS | $ | 57,905,409 | $ | 58,442,806 | 76431 | ||||||
| LEASE-RENTAL PAYMENTS | 76432 |
| The foregoing appropriation item 320-415, Lease-Rental | 76433 |
| Payments, shall be used to meet all payments at the times they are | 76434 |
| required to be made during the period from July 1, 2005, to June | 76435 |
| 30, 2007, by the Department of Mental Retardation and | 76436 |
| Developmental Disabilities under leases and agreements made under | 76437 |
| section 154.20 of the Revised Code, but limited to the aggregate | 76438 |
| amount of $47,129,800. Nothing in this act shall be deemed to | 76439 |
| contravene the obligation of the state to pay, without necessity | 76440 |
| for further appropriation, from the sources pledged thereto, the | 76441 |
| bond service charges on obligations issued under section 154.20 of | 76442 |
| the Revised Code. | 76443 |
| Section 209.09.06. COMMUNITY SERVICES | 76444 |
| General Revenue Fund | 76445 |
| GRF | 322-405 | State Use Program | $ | 268,040 | $ | 268,040 | 76446 | ||||
| GRF | 322-413 | Residential and Support Services | $ | 7,423,021 | $ | 7,423,021 | 76447 | ||||
| GRF | 322-416 | Waiver State Match | $ | 103,090,738 | $ | 104,397,504 | 76448 | ||||
| GRF | 322-417 | Supported Living | $ | 43,160,198 | $ | 43,160,198 | 76449 | ||||
| GRF | 322-451 | Family Support Services | $ | 6,938,898 | $ | 6,938,898 | 76450 | ||||
| GRF | 322-452 | Service and Support Administration | $ | 8,672,730 | $ | 8,672,730 | 76451 | ||||
| GRF | 322-501 | County Boards Subsidies | $ | 32,193,542 | $ | 32,193,542 | 76452 | ||||
| GRF | 322-503 | Tax Equity | $ | 14,500,000 | $ | 14,500,000 | 76453 | ||||
| TOTAL GRF General Revenue Fund | $ | 216,247,167 | $ | 217,553,933 | 76454 | ||||||
| General Services Fund Group | 76455 |
| 4U4 | 322-606 | Community MR and DD Trust | $ | 300,000 | $ | 50,000 | 76456 | ||||
| 4V1 | 322-611 | Family and Children First | $ | 625,000 | $ | 625,000 | 76457 | ||||
| 488 | 322-603 | Provider Audit Refunds | $ | 350,000 | $ | 350,000 | 76458 | ||||
| TOTAL GSF General Services | 76459 | ||||||||||
| Fund Group | $ | 1,275,000 | $ | 1,025,000 | 76460 | ||||||
| Federal Special Revenue Fund Group | 76461 |
| 3A4 | 322-605 | Community Program Support | $ | 1,500,000 | $ | 1,500,000 | 76462 | ||||
| 3A5 | 322-613 | DD Council Grants | $ | 3,204,240 | $ | 3,204,240 | 76463 | ||||
| 3G6 | 322-639 | Medicaid Waiver | $ | 373,772,814 | $ | 373,772,814 | 76464 | ||||
| 3M7 | 322-650 | CAFS Medicaid | $ | 125,924,299 | $ | 103,773,730 | 76465 | ||||
| 325 | 322-608 | Grants for Infants and Families with Disabilities | $ | 1,763,165 | $ | 1,763,165 | 76466 | ||||
| 325 | 322-612 | Community Social Service Programs | $ | 11,500,000 | $ | 11,500,000 | 76467 | ||||
| TOTAL FED Federal Special Revenue | 76468 | ||||||||||
| Fund Group | $ | 517,664,518 | $ | 495,513,949 | 76469 | ||||||
| State Special Revenue Fund Group | 76470 |
| 4K8 | 322-604 | Waiver - Match | $ | 12,000,000 | $ | 12,000,000 | 76471 | ||||
| 5H0 | 322-619 | Medicaid Repayment | $ | 25,000 | $ | 25,000 | 76472 | ||||
| 5Z1 | 322-624 | County Board Waiver Match | $ | 82,000,000 | $ | 82,000,000 | 76473 | ||||
| TOTAL SSR State Special Revenue | 76474 | ||||||||||
| Fund Group | $ | 94,025,000 | $ | 94,025,000 | 76475 | ||||||
| TOTAL ALL COMMUNITY SERVICES | 76476 | ||||||||||
| BUDGET FUND GROUPS | $ | 829,211,685 | $ | 808,117,882 | 76477 | ||||||
| RESIDENTIAL AND SUPPORT SERVICES | 76478 |
| The Department of Mental Retardation and Developmental | 76479 |
| Disabilities may designate a portion of appropriation item | 76480 |
| 322-413, Residential and Support Services, for the following: | 76481 |
| (A) Sermak Class Services used to implement the requirements | 76482 |
| of the agreement settling the consent decree in Sermak v. Manuel, | 76483 |
| Case No. c-2-80-220, United States District Court for the Southern | 76484 |
| District of Ohio, Eastern Division; | 76485 |
| (B) Medicaid-reimbursed programs other than home and | 76486 |
| community-based waiver services, in an amount not to exceed | 76487 |
| $1,000,000 in each fiscal year, that enable persons with mental | 76488 |
| retardation and developmental disabilities to live in the | 76489 |
| community. | 76490 |
| WAIVER STATE MATCH | 76491 |
| The purposes for which the foregoing appropriation item | 76492 |
| 322-416, Waiver State Match, shall be used include the following: | 76493 |
| (A) Home and community-based waiver services under Title XIX | 76494 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 76495 |
| as amended. | 76496 |
| (B) Services contracted by county boards of mental | 76497 |
| retardation and developmental disabilities. | 76498 |
| (C) To pay the nonfederal share of the cost of one or more | 76499 |
| new intermediate-care-facility-for-the-mentally-retarded certified | 76500 |
| beds in a county where the county board of mental retardation and | 76501 |
| developmental disabilities does not initiate or support the | 76502 |
| development or certification of such beds, if the Director of | 76503 |
| Mental Retardation and Developmental Disabilities is required by | 76504 |
| this act to transfer to the Director of Job and Family Services | 76505 |
| funds to pay such nonfederal share. | 76506 |
| The Department of Mental Retardation and Developmental | 76507 |
| Disabilities may designate a portion of appropriation item | 76508 |
| 322-416, Waiver State Match, to county boards of mental | 76509 |
| retardation and developmental disabilities that have greater need | 76510 |
| for various residential and support services because of a low | 76511 |
| percentage of residential and support services development in | 76512 |
| comparison to the number of individuals with mental retardation or | 76513 |
| developmental disabilities in the county. | 76514 |
| Of the foregoing appropriation item 322-416, Waiver State | 76515 |
| Match, $9,850,000 in each year of the biennium shall be | 76516 |
| distributed by the Department to county boards of mental | 76517 |
| retardation and developmental disabilities to support existing | 76518 |
| residential facilities waiver and individual options waiver | 76519 |
| related to Medicaid activities provided for in the component of a | 76520 |
| county board's plan developed under division (A)(2) of section | 76521 |
| 5126.054 of the Revised Code and approved under section 5123.046 | 76522 |
| of the Revised Code. Up to $3,000,000 of these funds in each | 76523 |
| fiscal year may be used to implement day-to-day program management | 76524 |
| services under division (A)(2) of section 5126.054 of the Revised | 76525 |
| Code. Up to $4,200,000 in each fiscal year may be used to | 76526 |
| implement the program and health and welfare requirements of | 76527 |
| division (A)(2) of section 5126.054 of the Revised Code. | 76528 |
| In fiscal years 2006 and 2007 not less than $2,650,000 of | 76529 |
| these funds shall be used to recruit and retain, under division | 76530 |
| (A)(2) of section 5126.054 of the Revised Code, the direct care | 76531 |
| staff necessary to implement the services included in an | 76532 |
| individualized service plan in a manner that ensures the health | 76533 |
| and welfare of the individuals being served. | 76534 |
| The method utilized by the department to determine each | 76535 |
| residential facilities wavier and individual options provider's | 76536 |
| allocation of such funds in fiscal year 2005 shall be used for | 76537 |
| allocation purposes to such providers in fiscal years 2006 and | 76538 |
| 2007, respectively. | 76539 |
| SUPPORTED LIVING | 76540 |
| The purposes for which the foregoing appropriation item | 76541 |
| 322-417, Supported Living, shall be used include supported living | 76542 |
| services contracted by county boards of mental retardation and | 76543 |
| developmental disabilities under sections 5126.40 to 5126.47 of | 76544 |
| the Revised Code and paying the nonfederal share of the cost of | 76545 |
| one or more new | 76546 |
| intermediate-care-facility-for-the-mentally-retarded certified | 76547 |
| beds in a county where the county board of mental retardation and | 76548 |
| developmental disabilities does not initiate or support the | 76549 |
| development or certification of such beds, if the Director of | 76550 |
| Mental Retardation and Developmental Disabilities is required by | 76551 |
| this act to transfer to the Director of Job and Family Services | 76552 |
| funds to pay such nonfederal share. | 76553 |
| OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS | 76554 |
| Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 76555 |
| the Department of Mental Retardation and Developmental | 76556 |
| Disabilities may develop residential and support service programs | 76557 |
| funded by appropriation item 322-413, Residential and Support | 76558 |
| Services; appropriation item 322-416, Waiver State Match; or | 76559 |
| appropriation item 322-417, Supported Living, that enable persons | 76560 |
| with mental retardation and developmental disabilities to live in | 76561 |
| the community. Notwithstanding Chapter 5121. and section 5123.122 | 76562 |
| of the Revised Code, the Department may waive the support | 76563 |
| collection requirements of those statutes for persons in community | 76564 |
| programs developed by the Department under this section. The | 76565 |
| Department shall adopt rules under Chapter 119. of the Revised | 76566 |
| Code or may use existing rules for the implementation of these | 76567 |
| programs. | 76568 |
| FAMILY SUPPORT SERVICES | 76569 |
| Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 76570 |
| 5126.11 of the Revised Code, the Department of Mental Retardation | 76571 |
| and Developmental Disabilities may implement programs funded by | 76572 |
| appropriation item 322-451, Family Support Services, to provide | 76573 |
| assistance to persons with mental retardation or developmental | 76574 |
| disabilities and their families who are living in the community. | 76575 |
| The department shall adopt rules to implement these programs. The | 76576 |
| department may also use the foregoing appropriation item 322-451, | 76577 |
| Family Support Services, to pay the nonfederal share of the cost | 76578 |
| of one or more new | 76579 |
| intermediate-care-facility-for-the-mentally-retarded certified | 76580 |
| beds in a county where the county board of mental retardation and | 76581 |
| developmental disabilities initiates or supports the development | 76582 |
| or certification of such beds, if the Director of Mental | 76583 |
| Retardation and Developmental Disabilities is required by this act | 76584 |
| to transfer to the Director of Job and Family Services funds to | 76585 |
| pay such nonfederal share. | 76586 |
| SERVICE AND SUPPORT ADMINISTRATION | 76587 |
| The foregoing appropriation item 322-452, Service and Support | 76588 |
| Administration, shall be allocated to county boards of mental | 76589 |
| retardation and developmental disabilities for the purpose of | 76590 |
| providing service and support administration services and to | 76591 |
| assist in bringing state funding for all department-approved | 76592 |
| service and support administrators within county boards of mental | 76593 |
| retardation and developmental disabilities to the level authorized | 76594 |
| in division (C) of section 5126.15 of the Revised Code. The | 76595 |
| department may request approval from the Controlling Board to | 76596 |
| transfer any unobligated appropriation authority from other state | 76597 |
| General Revenue Fund appropriation items within the department's | 76598 |
| budget to appropriation item 322-452, Service and Support | 76599 |
| Administration, to be used to meet the statutory funding level in | 76600 |
| division (C) of section 5126.15 of the Revised Code. | 76601 |
| Notwithstanding division (C) of section 5126.15 of the | 76602 |
| Revised Code and subject to funding in appropriation item 322-452, | 76603 |
| Service and Support Administration, no county may receive less | 76604 |
| than its allocation in fiscal year 1995. Wherever case management | 76605 |
| services are referred to in any law, contract, or other document, | 76606 |
| the reference shall be deemed to refer to service and support | 76607 |
| administration. No action or proceeding pending on the effective | 76608 |
| date of this section is affected by the renaming of case | 76609 |
| management services as service and support administration. | 76610 |
| The Department of Mental Retardation and Developmental | 76611 |
| Disabilities shall adopt, amend, and rescind rules as necessary to | 76612 |
| reflect the renaming of case management services as service and | 76613 |
| support administration. All boards of mental retardation and | 76614 |
| developmental disabilities and the entities with which they | 76615 |
| contract for services shall rename the titles of their employees | 76616 |
| who provide service and support administration. All boards and | 76617 |
| contracting entities shall make corresponding changes to all | 76618 |
| employment contracts. | 76619 |
| The Department also may use the foregoing appropriation item | 76620 |
| 322-452, Service and Support Administration, to pay the nonfederal | 76621 |
| share of the cost of one or more new | 76622 |
| intermediate-care-facility-for-the-mentally-retarded certified | 76623 |
| beds in a county where the county board of mental retardation and | 76624 |
| developmental disabilities initiates or supports the development | 76625 |
| or certification of such beds, if the Director of Mental | 76626 |
| Retardation and Developmental Disabilities is required by this act | 76627 |
| to transfer to the Director of Job and Family Services funds to | 76628 |
| pay such nonfederal share. | 76629 |
| STATE SUBSIDIES TO MR/DD BOARDS | 76630 |
| The foregoing appropriation item 322-501, County Boards | 76631 |
| Subsidies, shall be distributed to county boards of mental | 76632 |
| retardation and developmental disabilities under section 5126.12 | 76633 |
| of the Revised Code to the limit of the lesser of the amount | 76634 |
| required by that section or the appropriation in appropriation | 76635 |
| item 322-501, County Boards Subsidies, prorated to all county | 76636 |
| boards of mental retardation and developmental disabilities. | 76637 |
| The Department also may use the foregoing appropriation item | 76638 |
| 322-501, County Boards Subsidies, to pay the nonfederal share of | 76639 |
| the cost of one or more new | 76640 |
| intermediate-care-facility-for-the-mentally-retarded certified | 76641 |
| beds in a county where the county board of mental retardation and | 76642 |
| developmental disabilities initiates or supports the development | 76643 |
| or certification of such beds, if the Director of Mental | 76644 |
| Retardation and Developmental Disabilities is required by this act | 76645 |
| to transfer to the Director of Job and Family Services funds to | 76646 |
| pay such nonfederal share. | 76647 |
| WAIVER - MATCH | 76648 |
| The foregoing appropriation item 322-604, Waiver - Match | 76649 |
| (Fund 4K8), shall be used as state matching funds for the home and | 76650 |
| community-based waivers. | 76651 |
| COUNTY BOARD WAIVER MATCH | 76652 |
| The Director of Mental Retardation and Developmental | 76653 |
| Disabilities shall transfer, through intrastate transfer vouchers, | 76654 |
| cash from any allowable General Revenue Fund appropriation item to | 76655 |
| Fund 5Z1, appropriation item 322-624, County Board Waiver Match. | 76656 |
| (The amounts being transferred reflect the amounts that county | 76657 |
| boards pledge from their state General Revenue Funds allocations | 76658 |
| to cover the cost of providing the non-federal match for waiver | 76659 |
| services.) | 76660 |
| Section 209.09.09. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 76661 |
| (A) As used in this section, "habilitation center services" | 76662 |
| has the same meaning as in former section 5111.041 of the Revised | 76663 |
| Code as that section existed on June 30, 2005. | 76664 |
| (B) The Department of Mental Retardation and Developmental | 76665 |
| Disabilities may use funds appropriated to the Department for the | 76666 |
| purpose of habilitation center services to satisfy a claim or | 76667 |
| contingent claim for habilitation center services provided before | 76668 |
| July 1, 2005, if the Department receives the claim or contingent | 76669 |
| claim before July 1, 2006. The Department has no liability to | 76670 |
| satisfy either of the following: | 76671 |
| (1) A claim for habilitation center services provided before | 76672 |
| July 1, 2005, if the Department receives the claim on or after | 76673 |
| July 1, 2006. | 76674 |
| (2) A claim for habilitation center services provided on or | 76675 |
| after July 1, 2005. | 76676 |
| (C) The Department of Mental Retardation and Developmental | 76677 |
| Disabilities may inform individuals who received habilitation | 76678 |
| center services under the community alternative funding system on | 76679 |
| June 30, 2005, and such individuals' representatives about | 76680 |
| alternative services that may be available for the individuals. | 76681 |
| The Department may require county boards of mental retardation and | 76682 |
| developmental disabilities to provide such information to the | 76683 |
| individuals and their representatives. | 76684 |
| Section 209.09.12. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A | 76685 |
| MODEL BILLING FOR SERVICES RENDERED | 76686 |
| Developmental centers of the Department of Mental Retardation | 76687 |
| and Developmental Disabilities may provide services to persons | 76688 |
| with mental retardation or developmental disabilities living in | 76689 |
| the community or to providers of services to these persons. The | 76690 |
| department may develop a method for recovery of all costs | 76691 |
| associated with the provisions of these services. | 76692 |
| Section 209.09.15. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 76693 |
| PHARMACY PROGRAMS | 76694 |
| The Department of Mental Retardation and Developmental | 76695 |
| Disabilities shall pay the Department of Job and Family Services | 76696 |
| quarterly, through intrastate transfer voucher, the nonfederal | 76697 |
| share of Medicaid prescription drug claim costs for all | 76698 |
| developmental centers paid by the Department of Job and Family | 76699 |
| Services. | 76700 |
| Section 209.09.18. RESIDENTIAL FACILITIES | 76701 |
| General Revenue Fund | 76702 |
| GRF | 323-321 | Residential Facilities | $ | 101,764,366 | $ | 100,457,600 | 76703 | ||||
| Operations | 76704 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 101,764,366 | $ | 100,457,600 | 76705 | ||||||
| General Services Fund Group | 76706 |
| 152 | 323-609 | Residential Facilities | $ | 912,177 | $ | 912,177 | 76707 | ||||
| Support | 76708 | ||||||||||
| TOTAL GSF General Services | 76709 | ||||||||||
| Fund Group | $ | 912,177 | $ | 912,177 | 76710 | ||||||
| Federal Special Revenue Fund Group | 76711 |
| 3A4 | 323-605 | Developmental Center Operation Expenses | $ | 120,000,000 | $ | 120,000,000 | 76712 | ||||
| 325 | 323-608 | Foster Grandparent Program | $ | 575,000 | $ | 575,000 | 76713 | ||||
| TOTAL FED Federal Special Revenue | 76714 | ||||||||||
| Fund Group | $ | 120,575,000 | $ | 120,575,000 | 76715 | ||||||
| State Special Revenue Fund Group | 76716 |
| 221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 76717 | ||||
| 489 | 323-632 | Developmental Center Direct Care Support | $ | 12,125,628 | $ | 12,125,628 | 76718 | ||||
| TOTAL SSR State Special Revenue | 76719 | ||||||||||
| Fund Group | $ | 12,275,628 | $ | 12,275,628 | 76720 | ||||||
| TOTAL ALL RESIDENTIAL FACILITIES | 76721 | ||||||||||
| BUDGET FUND GROUPS | $ | 235,527,171 | $ | 234,220,405 | 76722 | ||||||
| DEPARTMENT TOTAL | 76723 | ||||||||||
| GENERAL REVENUE FUND | $ | 353,128,610 | $ | 353,666,007 | 76724 | ||||||
| DEPARTMENT TOTAL | 76725 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 2,487,177 | $ | 2,237,177 | 76726 | ||||||
| DEPARTMENT TOTAL | 76727 | ||||||||||
| FEDERAL SPECIAL REVENUE FUND GROUP | $ | 652,727,850 | $ | 630,577,281 | 76728 | ||||||
| DEPARTMENT TOTAL | 76729 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 114,300,628 | $ | 114,300,628 | 76730 | ||||||
| TOTAL DEPARTMENT OF MENTAL | 76731 | ||||||||||
| RETARDATION AND DEVELOPMENTAL | 76732 | ||||||||||
| DISABILITIES | $ | 1,122,644,265 | $ | 1,100,781,093 | 76733 | ||||||
| Section 209.09.21. (A) As used in this section: | 76735 |
| (1) "Family support services," "home and community-based | 76736 |
| services," "service and support administration," and "supported | 76737 |
| living" have the same meaning as in section 5126.01 of the Revised | 76738 |
| Code. | 76739 |
| (2) "Intermediate care facility for the mentally retarded" | 76740 |
| has the same meaning as in section 5111.20 of the Revised Code. | 76741 |
| (B) If one or more new beds obtain certification as an | 76742 |
| intermediate-care-facility-for-the-mentally-retarded bed on or | 76743 |
| after the effective date of this section, the Director of Mental | 76744 |
| Retardation and Developmental Disabilities shall transfer funds to | 76745 |
| the Department of Job and Family Services to pay the nonfederal | 76746 |
| share of the cost under the Medicaid Program for those beds. The | 76747 |
| Director shall use only the following funds for the transfer: | 76748 |
| (1) If the beds are located in a county served by a county | 76749 |
| board of mental retardation and developmental disabilities that | 76750 |
| does not initiate or support the beds' certification, funds | 76751 |
| appropriated to the Department of Mental Retardation and | 76752 |
| Developmental Disabilities for home and community-based services | 76753 |
| and supported living for which the Director is authorized to make | 76754 |
| allocations to county boards; | 76755 |
| (2) If the beds are located in a county served by a county | 76756 |
| board that initiates or supports the beds' certification, funds | 76757 |
| appropriated to the Department for family support services, | 76758 |
| service and support administration, and other services for which | 76759 |
| the Director is authorized to make allocations to counties. | 76760 |
| (C) The funds that the Director transfers under division | 76761 |
| (B)(2) of this section shall be funds that the Director has | 76762 |
| allocated to the county board serving the county in which the beds | 76763 |
| are located unless the amount of the allocation is insufficient to | 76764 |
| pay the entire nonfederal share of the cost under the Medicaid | 76765 |
| Program for those beds. If the allocation is insufficient, the | 76766 |
| Director shall use as much of such funds allocated to other | 76767 |
| counties as is needed to make up the difference. | 76768 |
| Section 209.09.24. HABILITATION CENTERS PROVIDING MEDICAID | 76769 |
| CASE MANAGEMENT SERVICES | 76770 |
| A habilitation center holding on June 30, 2005, a valid | 76771 |
| certificate issued under former section 5123.041 of the Revised | 76772 |
| Code may provide Medicaid case management services until the | 76773 |
| earlier of the following: | 76774 |
| (A) The date the United States Secretary of Health and Human | 76775 |
| Services approves an amendment to the state Medicaid plan that | 76776 |
| provides that only county boards of mental retardation and | 76777 |
| developmental disabilities may provide Medicaid case management | 76778 |
| services; | 76779 |
| (B) The habilitation center ceases to meet the requirements | 76780 |
| that were in effect on June 30, 2005, for the certificate issued | 76781 |
| under former section 5123.041 of the Revised Code. | 76782 |
| Section 209.12. MIH COMMISSION ON MINORITY HEALTH | 76783 |
| General Revenue Fund | 76784 |
| GRF | 149-321 | Operating Expenses | $ | 539,319 | $ | 539,319 | 76785 | ||||
| GRF | 149-501 | Minority Health Grants | $ | 670,965 | $ | 670,965 | 76786 | ||||
| GRF | 149-502 | Lupus Program | $ | 136,126 | $ | 136,126 | 76787 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,346,410 | $ | 1,346,410 | 76788 | ||||||
| Federal Special Revenue Fund Group | 76789 |
| 3J9 | 149-602 | Federal Grants | $ | 150,000 | $ | 150,000 | 76790 | ||||
| TOTAL FED Federal Special Revenue | 76791 | ||||||||||
| Fund Group | $ | 150,000 | $ | 150,000 | 76792 | ||||||
| State Special Revenue Fund Group | 76793 |
| 4C2 | 149-601 | Minority Health Conference | $ | 250,000 | $ | 150,000 | 76794 | ||||
| TOTAL SSR State Special Revenue | 76795 | ||||||||||
| Fund Group | $ | 250,000 | $ | 150,000 | 76796 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,746,410 | $ | 1,646,410 | 76797 | ||||||
| LUPUS PROGRAM | 76798 |
| The foregoing appropriation item 149-502, Lupus Program, | 76799 |
| shall be used to provide grants for programs in patient, public, | 76800 |
| and professional education on the subject of systemic lupus | 76801 |
| erythemtosus; to encourage and develop local centers on lupus | 76802 |
| information gathering and screening; and to provide outreach to | 76803 |
| minority women. | 76804 |
| Section 209.15. CRB MOTOR VEHICLE COLLISION REPAIR | 76805 |
| REGISTRATION BOARD | 76806 |
| General Service Fund Group | 76807 |
| 5H9 | 865-609 | Operating Expenses - CRB | $ | 325,047 | $ | 0 | 76808 | ||||
| TOTAL GSF General Services | 76809 | ||||||||||
| Fund Group | $ | 325,047 | $ | 0 | 76810 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 325,047 | $ | 0 | 76811 | ||||||
| Section 209.18. DNR DEPARTMENT OF NATURAL RESOURCES | 76813 |
| General Revenue Fund | 76814 |
| GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,025,300 | $ | 1,092,000 | 76815 | ||||
| GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 76816 | ||||
| GRF | 725-413 | OPFC Lease Rental Payments | $ | 18,699,100 | $ | 20,962,800 | 76817 | ||||
| GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 76818 | ||||
| GRF | 725-425 | Wildlife License Reimbursement | $ | 646,319 | $ | 646,319 | 76819 | ||||
| GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 76820 | ||||
| GRF | 725-502 | Soil and Water Districts | $ | 9,836,436 | $ | 9,836,436 | 76821 | ||||
| GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 25,866,000 | $ | 24,359,100 | 76822 | ||||
| GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 76823 | ||||
| GRF | 728-321 | Division of Geological Survey | $ | 1,630,000 | $ | 1,630,000 | 76824 | ||||
| GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 76825 | ||||
| GRF | 730-321 | Division of Parks and Recreation | $ | 37,874,841 | $ | 39,874,841 | 76826 | ||||
| GRF | 731-321 | Office of Coastal Management | $ | 259,707 | $ | 259,707 | 76827 | ||||
| GRF | 733-321 | Division of Water | $ | 3,207,619 | $ | 3,207,619 | 76828 | ||||
| GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 76829 | ||||
| GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 76830 | ||||
| GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 76831 | ||||
| GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,009,505 | $ | 3,009,505 | 76832 | ||||
| GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 76833 | ||||
| TOTAL GRF General Revenue Fund | $ | 125,235,534 | $ | 128,059,034 | 76834 | ||||||
| General Services Fund Group | 76835 |
| 155 | 725-601 | Departmental Projects | $ | 2,135,821 | $ | 2,011,726 | 76836 | ||||
| 157 | 725-651 | Central Support Indirect | $ | 6,528,675 | $ | 6,528,675 | 76837 | ||||
| 204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 76838 | ||||
| 206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 76839 | ||||
| 207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 76840 | ||||
| 223 | 725-665 | Law Enforcement Administration | $ | 2,096,225 | $ | 2,096,225 | 76841 | ||||
| 227 | 725-406 | Parks Projects Personnel | $ | 175,000 | $ | 110,000 | 76842 | ||||
| 4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 76843 | ||||
| 4S9 | 725-622 | NatureWorks Personnel | $ | 472,648 | $ | 307,648 | 76844 | ||||
| 4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 76845 | ||||
| 430 | 725-671 | Canal Lands | $ | 797,582 | $ | 847,582 | 76846 | ||||
| 508 | 725-684 | Natural Resources Publications | $ | 157,792 | $ | 157,792 | 76847 | ||||
| 510 | 725-631 | Maintenance - State-owned Residences | $ | 260,849 | $ | 260,849 | 76848 | ||||
| 516 | 725-620 | Water Management | $ | 2,442,956 | $ | 2,459,120 | 76849 | ||||
| 635 | 725-664 | Fountain Square Facilities Management | $ | 3,182,223 | $ | 3,190,223 | 76850 | ||||
| 697 | 725-670 | Submerged Lands | $ | 542,011 | $ | 542,011 | 76851 | ||||
| TOTAL GSF General Services | 76852 | ||||||||||
| Fund Group | $ | 24,182,409 | $ | 23,902,478 | 76853 | ||||||
| Federal Special Revenue Fund Group | 76854 |
| 3B3 | 725-640 | Federal Forest Pass-Thru | $ | 150,000 | $ | 150,000 | 76855 | ||||
| 3B4 | 725-641 | Federal Flood Pass-Thru | $ | 350,000 | $ | 350,000 | 76856 | ||||
| 3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,310,497 | $ | 14,307,666 | 76857 | ||||
| 3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 5,000,000 | $ | 5,000,000 | 76858 | ||||
| 3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,292 | $ | 2,107,291 | 76859 | ||||
| 3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 315,000 | $ | 315,000 | 76860 | ||||
| 3P1 | 725-632 | Geological Survey - Federal | $ | 479,651 | $ | 479,651 | 76861 | ||||
| 3P2 | 725-642 | Oil and Gas-Federal | $ | 362,933 | $ | 367,912 | 76862 | ||||
| 3P3 | 725-650 | Coastal Management - Federal | $ | 1,592,923 | $ | 1,607,686 | 76863 | ||||
| 3P4 | 725-660 | Water - Federal | $ | 419,766 | $ | 420,525 | 76864 | ||||
| 3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 2,225,000 | $ | 2,225,000 | 76865 | ||||
| 3Z5 | 725-657 | REALM-Federal | $ | 1,578,871 | $ | 1,578,871 | 76866 | ||||
| 328 | 725-603 | Forestry Federal | $ | 1,813,827 | $ | 2,228,081 | 76867 | ||||
| 332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 76868 | ||||
| TOTAL FED Federal Special Revenue | 76869 | ||||||||||
| Fund Group | $ | 30,963,862 | $ | 31,395,785 | 76870 | ||||||
| State Special Revenue Fund Group | 76871 |
| 4J2 | 725-628 | Injection Well Review | $ | 93,957 | $ | 79,957 | 76872 | ||||
| 4M7 | 725-631 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 76873 | ||||
| 4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 76874 | ||||
| 5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 76875 | ||||
| 5BV | 725-683 | Soil and Water Districts | $ | 1,850,000 | $ | 1,850,000 | 76876 | ||||
| 5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 4,200,000 | $ | 3,500,000 | 76877 | ||||
| 509 | 725-602 | State Forest | $ | 2,291,664 | $ | 2,591,664 | 76878 | ||||
| 511 | 725-646 | Ohio Geological Mapping | $ | 549,310 | $ | 549,310 | 76879 | ||||
| 512 | 725-605 | State Parks Operations | $ | 26,814,288 | $ | 26,814,288 | 76880 | ||||
| 512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 76881 | ||||
| 514 | 725-606 | Lake Erie Shoreline | $ | 612,075 | $ | 657,113 | 76882 | ||||
| 518 | 725-643 | Oil and Gas Permit Fees | $ | 2,574,377 | $ | 2,574,378 | 76883 | ||||
| 518 | 725-677 | Oil and Gas Well Plugging | $ | 1,200,000 | $ | 1,200,000 | 76884 | ||||
| 521 | 725-627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 76885 | ||||
| 522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,550,670 | $ | 1,550,670 | 76886 | ||||
| 526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,492 | $ | 1,932,492 | 76887 | ||||
| 527 | 725-637 | Surface Mining Administration | $ | 2,312,815 | $ | 2,322,702 | 76888 | ||||
| 529 | 725-639 | Unreclaimed Land Fund | $ | 623,356 | $ | 631,257 | 76889 | ||||
| 531 | 725-648 | Reclamation Forfeiture | $ | 2,061,861 | $ | 2,062,237 | 76890 | ||||
| 532 | 725-644 | Litter Control and Recycling | $ | 7,100,000 | $ | 7,100,000 | 76891 | ||||
| 586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 76892 | ||||
| 615 | 725-661 | Dam Safety | $ | 365,223 | $ | 365,223 | 76893 | ||||
| TOTAL SSR State Special Revenue | 76894 | ||||||||||
| Fund Group | $ | 60,387,768 | $ | 60,036,971 | 76895 | ||||||
| Clean Ohio Fund Group | 76896 |
| 061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 76897 | ||||
| TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 76898 | ||||||
| Wildlife Fund Group | 76899 |
| 015 | 740-401 | Division of Wildlife Conservation | $ | 49,447,500 | $ | 50,447,500 | 76900 | ||||
| 815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 76901 | ||||
| 816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 76902 | ||||
| 817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 76903 | ||||
| 818 | 725-629 | Cooperative Fisheries Research | $ | 988,582 | $ | 988,582 | 76904 | ||||
| 819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 76905 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 56,652,000 | $ | 57,652,000 | 76906 | ||||||
| Waterways Safety Fund Group | 76907 |
| 086 | 725-414 | Waterways Improvement | $ | 3,792,343 | $ | 3,792,343 | 76908 | ||||
| 086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 76909 | ||||
| 086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 76910 | ||||
| 086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 76911 | ||||
| 086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 76912 | ||||
| 086 | 739-401 | Division of Watercraft | $ | 20,027,909 | $ | 20,086,681 | 76913 | ||||
| 5AW | 725-682 | Watercraft Revolving Loans | $ | 3,000,000 | $ | 1,000,000 | 76914 | ||||
| TOTAL WSF Waterways Safety Fund | 76915 | ||||||||||
| Group | $ | 27,953,097 | $ | 26,011,869 | 76916 | ||||||
| Holding Account Redistribution Fund Group | 76917 |
| R17 | 725-659 | Performance Cash Bond Refunds | $ | 374,263 | $ | 374,263 | 76918 | ||||
| R43 | 725-624 | Forestry | $ | 2,500,000 | $ | 1,500,000 | 76919 | ||||
| TOTAL 090 Holding Account | 76920 | ||||||||||
| Redistribution Fund Group | $ | 2,874,263 | $ | 1,874,263 | 76921 | ||||||
| Accrued Leave Liability Fund Group | 76922 |
| 4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 76923 | ||||
| TOTAL ALF Accrued Leave | 76924 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 76925 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 328,424,777 | $ | 329,108,244 | 76926 | ||||||
| Section 209.18.03. CENTRAL SUPPORT INDIRECT | 76928 |
| The Department of Natural Resources, with approval of the | 76929 |
| Director of Budget and Management, shall utilize a methodology for | 76930 |
| determining each division's payments into the Central Support | 76931 |
| Indirect Fund (Fund 157). The methodology used shall contain the | 76932 |
| characteristics of administrative ease and uniform application in | 76933 |
| compliance with federal grant requirements. It may include direct | 76934 |
| cost charges for specific services provided. Payments to the | 76935 |
| Central Support Indirect Fund (Fund 157) shall be made using an | 76936 |
| intrastate transfer voucher. | 76937 |
| Section 209.18.06. FOUNTAIN SQUARE | 76938 |
| The foregoing appropriation item 725-404, Fountain Square | 76939 |
| Rental Payments - OBA, shall be used by the Department of Natural | 76940 |
| Resources to meet all payments required to be made to the Ohio | 76941 |
| Building Authority during the period from July 1, 2005, to June | 76942 |
| 30, 2007, pursuant to leases and agreements with the Ohio Building | 76943 |
| Authority under section 152.241 of the Revised Code, but limited | 76944 |
| to the aggregate amount of $2,117,300. | 76945 |
| The Director of Natural Resources, using intrastate transfer | 76946 |
| vouchers, shall make payments to the General Revenue Fund from | 76947 |
| funds other than the General Revenue Fund to reimburse the General | 76948 |
| Revenue Fund for the other funds' shares of the lease rental | 76949 |
| payments to the Ohio Building Authority. The transfers from the | 76950 |
| non-General Revenue funds shall be made within 10 days of the | 76951 |
| payment to the Ohio Building Authority for the actual amounts | 76952 |
| necessary to fulfill the leases and agreements pursuant to section | 76953 |
| 152.241 of the Revised Code. | 76954 |
| The foregoing appropriation item 725-664, Fountain Square | 76955 |
| Facilities Management (Fund 635), shall be used for payment of | 76956 |
| repairs, renovation, utilities, property management, and building | 76957 |
| maintenance expenses for the Fountain Square Complex. Cash | 76958 |
| transferred by intrastate transfer vouchers from various | 76959 |
| department funds and rental income received by the Department of | 76960 |
| Natural Resources shall be deposited into the Fountain Square | 76961 |
| Facilities Management Fund (Fund 635). | 76962 |
| LEASE RENTAL PAYMENTS | 76963 |
| The foregoing appropriation item 725-413, OPFC Lease Rental | 76964 |
| Payments, shall be used to meet all payments at the times they are | 76965 |
| required to be made during the period from July 1, 2005, to June | 76966 |
| 30, 2007, by the Department of Natural Resources pursuant to | 76967 |
| leases and agreements made under section 154.22 of the Revised | 76968 |
| Code, but limited to the aggregate amount of $50,375,100. Nothing | 76969 |
| in this act shall be deemed to contravene the obligation of the | 76970 |
| state to pay, without necessity for further appropriation, from | 76971 |
| the sources pledged thereto, the bond service charges on | 76972 |
| obligations issued pursuant to section 154.22 of the Revised Code. | 76973 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 76974 |
| The foregoing appropriation item 725-903, Natural Resources | 76975 |
| General Obligation Debt Service, shall be used to pay all debt | 76976 |
| service and related financing costs at the times they are required | 76977 |
| to be made pursuant to sections 151.01 and 151.05 of the Revised | 76978 |
| Code during the period from July 1, 2005, to June 30, 2007. The | 76979 |
| Office of the Sinking Fund or the Director of Budget and | 76980 |
| Management shall effectuate the required payments by an intrastate | 76981 |
| transfer voucher. | 76982 |
| Section 209.18.09. WILDLIFE LICENSE REIMBURSEMENT | 76983 |
| Notwithstanding the limits of the transfer from the General | 76984 |
| Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 76985 |
| of the Revised Code, up to the amount available in appropriation | 76986 |
| item 725-425, Wildlife License Reimbursement, may be transferred | 76987 |
| from the General Revenue Fund to the Wildlife Fund (Fund 015). | 76988 |
| Pursuant to the certification of the Director of Budget and | 76989 |
| Management of the amount of foregone revenue in accordance with | 76990 |
| section 1533.15 of the Revised Code, the foregoing appropriation | 76991 |
| item in the General Revenue Fund, appropriation item 725-425, | 76992 |
| Wildlife License Reimbursement, shall be used to reimburse the | 76993 |
| Wildlife Fund (Fund 015) for the cost of hunting and fishing | 76994 |
| licenses and permits issued after June 30, 1990, to individuals | 76995 |
| who are exempted under the Revised Code from license, permit, and | 76996 |
| stamp fees. | 76997 |
| CANAL LANDS | 76998 |
| The foregoing appropriation item 725-456, Canal Lands, shall | 76999 |
| be used to transfer funds to the Canal Lands Fund (Fund 430) to | 77000 |
| provide operating expenses for the State Canal Lands Program. The | 77001 |
| transfer shall be made using an intrastate transfer voucher and | 77002 |
| shall be subject to the approval of the Director of Budget and | 77003 |
| Management. | 77004 |
| SOIL AND WATER DISTRICTS | 77005 |
| In addition to state payments to soil and water conservation | 77006 |
| districts authorized by section 1515.10 of the Revised Code, the | 77007 |
| Department of Natural Resources may pay to any soil and water | 77008 |
| conservation district, from authority in appropriation item | 77009 |
| 725-502, Soil and Water Districts, an annual amount not to exceed | 77010 |
| $30,000, upon receipt of a request and justification from the | 77011 |
| district and approval by the Ohio Soil and Water Conservation | 77012 |
| Commission. The county auditor shall credit the payments to the | 77013 |
| special fund established under section 1515.10 of the Revised Code | 77014 |
| for the local soil and water conservation district. Moneys | 77015 |
| received by each district shall be expended for the purposes of | 77016 |
| the district. The foregoing appropriation item 725-683, Soil and | 77017 |
| Water Districts, shall be expended for the purposes described | 77018 |
| above, except that the funding source for this appropriation shall | 77019 |
| be a fee applied on the disposal of construction and demolition | 77020 |
| debris as provided in section 1515.14 of the Revised Code, as | 77021 |
| amended by this act. | 77022 |
| Of the foregoing appropriation item 725-502, Soil and Water | 77023 |
| Districts, $25,000 in each fiscal year shall be used for the | 77024 |
| Conservation Action Project. | 77025 |
| Of the foregoing appropriation item, 725-683, Soil and Water | 77026 |
| Districts, $200,000 in each fiscal year shall be used to support | 77027 |
| the Heidelberg College Water Quality Laboratory. | 77028 |
| Of the foregoing appropriation item 725-683, Soil and Water | 77029 |
| Districts, $100,000 in each fiscal year shall be used to support | 77030 |
| the Muskingum Soil and Water Conservancy. | 77031 |
| Of the foregoing appropriation item 725-683, Soil and Water | 77032 |
| Districts, $100,000 in each fiscal year shall be used to support | 77033 |
| the Indian Lake Watershed in Logan County. | 77034 |
| FUND CONSOLIDATION | 77035 |
| The Director of Budget and Management shall transfer an | 77036 |
| amount certified by the Director of Natural Resources from the | 77037 |
| Central Support Indirect Fund (Fund 157) to the Law Enforcement | 77038 |
| Administration Fund (Fund 223) and the Information Services Fund | 77039 |
| (Fund 204) to implement a direct cost recovery plan. | 77040 |
| STATE PARK DEPRECIATION RESERVE | 77041 |
| The foregoing appropriation item 725-635, Parks Facilities | 77042 |
| Maintenance, within the Depreciation Reserve Fund (Fund 161), | 77043 |
| shall be used by the Division of Parks and Recreation to maintain | 77044 |
| state park revenue producing facilities in the best economic | 77045 |
| operating condition and to repair and replace equipment used in | 77046 |
| the operation of state park revenue producing facilities. | 77047 |
| Prior to July 31, 2005, the Director of Budget and Management | 77048 |
| shall transfer the cash balance in the Depreciation Reserve Fund | 77049 |
| (Fund 161), which is abolished in section 1541.221 of the Revised | 77050 |
| Code, as amended by this act, to the State Park Fund (Fund 512), | 77051 |
| which is created in section 1541.22 of the Revised Code. | 77052 |
| OIL AND GAS WELL PLUGGING | 77053 |
| The foregoing appropriation item 725-677, Oil and Gas Well | 77054 |
| Plugging, shall be used exclusively for the purposes of plugging | 77055 |
| wells and to properly restore the land surface of idle and orphan | 77056 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 77057 |
| Code. No funds from the appropriation item shall be used for | 77058 |
| salaries, maintenance, equipment, or other administrative | 77059 |
| purposes, except for those costs directly attributed to the | 77060 |
| plugging of an idle or orphan well. Appropriation authority from | 77061 |
| this appropriation item shall not be transferred to any other fund | 77062 |
| or line item. | 77063 |
| LITTER CONTROL AND RECYCLING | 77064 |
| Of the foregoing appropriation item, 725-644, Litter Control | 77065 |
| and Recycling, not more than $1,500,000 may be used in each fiscal | 77066 |
| year for the administration of the Recycling and Litter Prevention | 77067 |
| program. The remaining $5,600,000 shall be used to provide grants | 77068 |
| to local governments. | 77069 |
| CLEAN OHIO OPERATING EXPENSES | 77070 |
| The foregoing appropriation item 725-405, Clean Ohio | 77071 |
| Operating, shall be used by the Department of Natural Resources in | 77072 |
| administering section 1519.05 of the Revised Code. | 77073 |
| WATERCRAFT MARINE PATROL | 77074 |
| Of the foregoing appropriation item 739-401, Division of | 77075 |
| Watercraft, not more than $200,000 in each fiscal year shall be | 77076 |
| expended for the purchase of equipment for marine patrols | 77077 |
| qualifying for funding from the Department of Natural Resources | 77078 |
| pursuant to section 1547.67 of the Revised Code. Proposals for | 77079 |
| equipment shall accompany the submission of documentation for | 77080 |
| receipt of a marine patrol subsidy pursuant to section 1547.67 of | 77081 |
| the Revised Code and shall be loaned to eligible marine patrols | 77082 |
| pursuant to a cooperative agreement between the Department of | 77083 |
| Natural Resources and the eligible marine patrol. | 77084 |
| WATERCRAFT REVOLVING LOAN PROGRAM | 77085 |
| Upon certification by the Director of Natural Resources, the | 77086 |
| Director of Budget and Management shall transfer an amount not to | 77087 |
| exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 | 77088 |
| in fiscal year 2007 so certified from the Waterways Safety Fund | 77089 |
| (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 77090 |
| moneys shall be used pursuant to section 1547.721 of the Revised | 77091 |
| Code. | 77092 |
| PARKS CAPITAL EXPENSES FUND | 77093 |
| There is hereby created in the state treasury the Parks | 77094 |
| Capital Expenses Fund (Fund 227). The fund shall be used to pay | 77095 |
| for design, engineering, and planning costs incurred by the | 77096 |
| Department of Natural Resources for capital parks projects. | 77097 |
| The Director of Natural Resources shall submit to the | 77098 |
| Director of Budget and Management the estimated design, | 77099 |
| engineering, and planning costs of capital-related work to be done | 77100 |
| by Department of Natural Resources staff for parks projects. If | 77101 |
| the Director of Budget and Management approves the estimated | 77102 |
| costs, the Director may release appropriations from appropriation | 77103 |
| item 725-406, Parks Projects Personnel, for those purposes. Upon | 77104 |
| release of the appropriations, the Department of Natural Resources | 77105 |
| shall pay for these expenses from the Parks Capital Expenses Fund | 77106 |
| (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 77107 |
| Parks and Recreation Improvement Fund (Fund 035) using an | 77108 |
| intrastate transfer voucher. | 77109 |
| Section 209.21. NUR STATE BOARD OF NURSING | 77110 |
| General Services Fund Group | 77111 |
| 4K9 | 884-609 | Operating Expenses | $ | 5,503,280 | $ | 5,503,280 | 77112 | ||||
| 5P8 | 884-601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 77113 | ||||
| TOTAL GSF General Services | 77114 | ||||||||||
| Fund Group | $ | 5,508,280 | $ | 5,508,280 | 77115 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,508,280 | $ | 5,508,280 | 77116 | ||||||
| NURSING SPECIAL ISSUES | 77117 |
| The foregoing appropriation item 884-601, Nursing Special | 77118 |
| Issues (Fund 5P8), shall be used to pay the costs the Board of | 77119 |
| Nursing incurs in implementing section 4723.062 of the Revised | 77120 |
| Code. | 77121 |
| MEDICATION AIDE PILOT PROGRAM | 77122 |
| (A) As used in this section: | 77123 |
| (1) "Medication" means a drug, as defined in section 4729.01 | 77124 |
| of the Revised Code. | 77125 |
| (2) "Medication error" means a failure to follow the | 77126 |
| prescriber's instructions when administering a prescription | 77127 |
| medication to a participating resident. | 77128 |
| (3) "Nurse" means both of the following: | 77129 |
| (a) A registered nurse; | 77130 |
| (b) A licensed practical nurse who has completed a course in | 77131 |
| medication administration approved by the Board of Nursing. | 77132 |
| (4) "Nursing home" and "residential care facility" have the | 77133 |
| same meanings as in section 3721.01 of the Revised Code. | 77134 |
| (5) "Participating facility" means a nursing home or | 77135 |
| residential care facility that has been selected by the Board of | 77136 |
| Nursing to participate in the Medication Aide Pilot Program and | 77137 |
| has not had its participation in the Program terminated. | 77138 |
| (6) "Prescriber" and "prescription" have the same meanings as | 77139 |
| in section 4729.01 of the Revised Code. | 77140 |
| (7) "Prescription medication" means a drug that may be | 77141 |
| dispensed only on a prescription. | 77142 |
| (B)(1) In consultation with the Medication Aide Pilot Program | 77143 |
| Council, the Board of Nursing shall establish and conduct the | 77144 |
| Medication Aide Pilot Program to utilize medication aides to | 77145 |
| administer medications, including prescription medications, to | 77146 |
| residents of nursing homes and residential care facilities. | 77147 |
| (2) The Medication Aide Pilot Program Council is hereby | 77148 |
| created. The Council shall consist of the following members: | 77149 |
| (a) A registered nurse recommended by the Ohio Nurses | 77150 |
| Association who is working in long-term care; | 77151 |
| (b) A licensed practical nurse recommended by the Licensed | 77152 |
| Practical Nurse Association of Ohio who is working in long-term | 77153 |
| care; | 77154 |
| (c) A registered nurse recommended by the Ohio Nurses | 77155 |
| Association who has experience in researching gerontology issues; | 77156 |
| (d) An advanced practice nurse recommended by the Ohio | 77157 |
| Association of Advanced Practice Nurses who has experience in | 77158 |
| gerontology; | 77159 |
| (e) A representative of the Ohio Health Care Association who | 77160 |
| is appointed by the Association; | 77161 |
| (f) A representative of the Association of Ohio Philanthropic | 77162 |
| Homes, Housing, and Services for the Aging who is appointed by the | 77163 |
| Association; | 77164 |
| (g) A representative of the Ohio Academy of Nursing Homes who | 77165 |
| is appointed by the Academy; | 77166 |
| (h) A representative of the Ohio Assisted Living Association | 77167 |
| who is appointed by the Association; | 77168 |
| (i) A representative of the Ohio Association of Long Term | 77169 |
| Care Ombudsmen who is appointed by the Association; | 77170 |
| (j) A representative of the Office of State Long-term Care | 77171 |
| Ombudsperson Program; | 77172 |
| (k) A representative of the American Association of Retired | 77173 |
| Persons who is appointed by the Association; | 77174 |
| (l) A representative of facility residents and families of | 77175 |
| facility residents who is appointed by the Board of Nursing; | 77176 |
| (m) A representative of the Ohio Pharmacists Association who | 77177 |
| is appointed by the Association; | 77178 |
| (n) A representative of certified nursing assistants who is | 77179 |
| appointed by the Department of Health; | 77180 |
| (o) A representative of the Department of Health with | 77181 |
| expertise in the Competency Evaluation Program, as defined in | 77182 |
| section 3721.21 of the Revised Code, who is appointed by the | 77183 |
| Department of Health; | 77184 |
| (p) A representative of the Department of Job and Family | 77185 |
| Services who is appointed by the Department of Job and Family | 77186 |
| Services. | 77187 |
| A member or representative of the Board of Nursing shall | 77188 |
| serve as chairperson of the Council. Members of the Council shall | 77189 |
| receive no compensation for their service on the Council. | 77190 |
| (3) The Council shall make recommendations to the Board on | 77191 |
| all of the following: | 77192 |
| (a) The design of the program; | 77193 |
| (b) The content of the training required for medication | 77194 |
| aides; | 77195 |
| (c) Protection of the health and welfare of residents of | 77196 |
| facilities participating in the program; | 77197 |
| (d) Whether a medication aide may administer a prescription | 77198 |
| medication through a gastrostomy or jejunostomy tube. | 77199 |
| (e) The amount and type of training a medication aide needs | 77200 |
| to adequately prepare the medication aide to administer a | 77201 |
| prescription medication through a gastrostomy or jejunostomy tube. | 77202 |
| (C)(1) The Board of Nursing shall operate the Medication Aide | 77203 |
| Pilot Program in a manner consistent with human protection and | 77204 |
| other ethical concerns typically associated with research studies | 77205 |
| involving live subjects. | 77206 |
| (2) Within the first six months after the effective date of | 77207 |
| this section, the Board, in consultation with the Medication Aide | 77208 |
| Pilot Program Council, shall do all of the following: | 77209 |
| (a) Design the Program; | 77210 |
| (b) Establish standards to govern medication aides and | 77211 |
| facilities participating in the Program, including training | 77212 |
| requirements for medication aides and staff of participating | 77213 |
| facilities; | 77214 |
| (c) Establish standards to protect the health and safety of | 77215 |
| participating residents; | 77216 |
| (d) Select facilities to participate in the Program; | 77217 |
| (e) Select an independent evaluator to assess the Program. | 77218 |
| (3) The Board shall commence operation of the Program not | 77219 |
| later than six months after the effective date of this section and | 77220 |
| operate it for not less than one year. | 77221 |
| (D)(1) Notwithstanding divisions (A) and (B) of section | 77222 |
| 4723.03 of the Revised Code, an individual authorized by the Board | 77223 |
| of Nursing to participate in the Program as a medication aide may | 77224 |
| administer medications, including prescription medications, to a | 77225 |
| participating resident of a nursing home or residential care | 77226 |
| facility if a nurse has delegated, in accordance with rules for | 77227 |
| delegation adopted under Chapter 4723. of the Revised Code, | 77228 |
| responsibility for the administration to the medication aide. A | 77229 |
| medication aide may administer only the following types of | 77230 |
| medications: | 77231 |
| (a) Oral medications; | 77232 |
| (b) Topical medications; | 77233 |
| (c) Medications administered as drops to the eye, ear, or | 77234 |
| nose; | 77235 |
| (d) Rectal and vaginal medications. | 77236 |
| (2) A medication aide may not do either of the following: | 77237 |
| (a) Administer a medication that is a Schedule I or Schedule | 77238 |
| II controlled substance as those terms are defined in section | 77239 |
| 3719.01 of the Revised Code; | 77240 |
| (b) Administer any medication that requires titration. | 77241 |
| (E)(1) An individual seeking to participate in the Program as | 77242 |
| a medication aide shall apply to the Board on a form provided by | 77243 |
| the Board. The Board shall authorize the individual to participate | 77244 |
| in the Program as a medication aide if the individual satisfies | 77245 |
| all of the following requirements: | 77246 |
| (a) Is a nurse aide who satisfies the requirements of | 77247 |
| division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 77248 |
| 3721.32 of the Revised Code; | 77249 |
| (b) Satisfactorily completes a medication aide training | 77250 |
| course as described in division (E)(2) of this section; | 77251 |
| (c) Pays any fee required by the Board; | 77252 |
| (d) Satisfies any other requirements for a medication aide | 77253 |
| required by standards established by the Board under division | 77254 |
| (C)(2)(b) of this section. | 77255 |
| (2) The content of a medication aide training course must | 77256 |
| meet the standards established by the Board under division | 77257 |
| (C)(2)(b) of this section and include all of the following: | 77258 |
| (a) At least sixty clock-hours of instruction; | 77259 |
| (b) Classroom instruction on medication administration; | 77260 |
| (c) Supervised clinical practice in administration of | 77261 |
| prescription medications; | 77262 |
| (d) An examination that tests the ability to safely | 77263 |
| administer prescription medications. | 77264 |
| (3) An individual's authorization to participate in the | 77265 |
| Program as a medication aide is valid until the date the Program | 77266 |
| ceases to be operated, unless the Board earlier terminates the | 77267 |
| individual's authorization to participate in the Program. | 77268 |
| (4) The Board of Nursing may deny or terminate an | 77269 |
| individual's authorization to participate in the Medication Aide | 77270 |
| Pilot Program as a medication aide for reasons specified by the | 77271 |
| Board. | 77272 |
| (F)(1) Notwithstanding division (D) of section 4723.03 of the | 77273 |
| Revised Code, a participating facility may, during the period the | 77274 |
| Program is operated, utilize one or more medication aides to | 77275 |
| administer medications, including prescription medications, to the | 77276 |
| facility's participating residents. | 77277 |
| (2) The Board of Nursing shall select eighty nursing homes | 77278 |
| and forty residential care facilities from the nursing homes and | 77279 |
| residential care facilities that volunteer to participate in the | 77280 |
| program. A nursing home or residential care facility may apply by | 77281 |
| submitting a form provided by the Board. To be eligible to | 77282 |
| participate in the Program, a facility must meet all of the | 77283 |
| following requirements: | 77284 |
| (a) Agree to observe the standards established by the Board | 77285 |
| under division (C)(2)(b) of this section; | 77286 |
| (b)(i) In the case of a nursing home, have not been found in | 77287 |
| the two most recent surveys or inspections of the home to have | 77288 |
| provided substandard care to a resident or to have had | 77289 |
| deficiencies with regard to the administration of medication. | 77290 |
| (ii) In the case of a residential care facility, be free of | 77291 |
| deficiencies related to the provision of skilled care or the | 77292 |
| administration of medication. | 77293 |
| (3) The Board may terminate a participating facility's | 77294 |
| participation in the Program on receipt of evidence the Board | 77295 |
| finds credible that the facility's continued participation in the | 77296 |
| Program poses an imminent danger, risk of serious harm, or | 77297 |
| jeopardy to a participating resident. | 77298 |
| (G) No person employed by a participating facility who | 77299 |
| reports in good faith a medication error at a participating | 77300 |
| facility shall be subject to criminal liability or disciplinary | 77301 |
| action or be liable in damages to any person or government entity | 77302 |
| in a civil action for injury, death, or loss to person or property | 77303 |
| resulting from the reporting of the medication error. | 77304 |
| (H) The independent evaluator selected by the Board shall do | 77305 |
| all of the following: | 77306 |
| (1) Assess whether medication aides are able to safely | 77307 |
| administer medications, including prescription medications, to | 77308 |
| nursing home and residential care facility residents; | 77309 |
| (2) Determine the financial implications of nursing homes and | 77310 |
| residential care facilities utilizing medication aides; | 77311 |
| (3) Prepare and submit a report of its findings to the Board | 77312 |
| and the Council. | 77313 |
| (I) The Board of Nursing, with the assistance of the | 77314 |
| Medication Aide Pilot Program Council, shall prepare, or cause to | 77315 |
| be prepared, a final report on the Program that includes an | 77316 |
| examination of the Program's safety and financial implications. | 77317 |
| The report shall be submitted not later than two years after the | 77318 |
| effective date of this section to each of the following: | 77319 |
| (1) The Governor; | 77320 |
| (2) The President and Minority Leader of the Senate; | 77321 |
| (3) The Speaker and Minority Leader of the House of | 77322 |
| Representatives; | 77323 |
| (4) The Director of Health. | 77324 |
| Section 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 77325 |
| AND ATHLETIC TRAINERS BOARD | 77326 |
| General Services Fund Group | 77327 |
| 4K9 | 890-609 | Operating Expenses | $ | 824,057 | $ | 0 | 77328 | ||||
| TOTAL GSF General Services Fund Group | $ | 824,057 | $ | 0 | 77329 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 824,057 | $ | 0 | 77330 | ||||||
| Section 209.30. ODB OHIO OPTICAL DISPENSERS BOARD | 77332 |
| General Services Fund Group | 77333 |
| 4K9 | 894-609 | Operating Expenses | $ | 316,517 | $ | 0 | 77334 | ||||
| TOTAL GSF General Services | 77335 | ||||||||||
| Fund Group | $ | 316,517 | $ | 0 | 77336 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 316,517 | $ | 0 | 77337 | ||||||
| Section 209.33. OPT STATE BOARD OF OPTOMETRY | 77339 |
| General Services Fund Group | 77340 |
| 4K9 | 885-609 | Operating Expenses | $ | 336,771 | $ | 0 | 77341 | ||||
| TOTAL GSF General Services | 77342 | ||||||||||
| Fund Group | $ | 336,771 | $ | 0 | 77343 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 336,771 | $ | 0 | 77344 | ||||||
| Section 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 77346 |
| AND PEDORTHICS | 77347 |
| General Services Fund Group | 77348 |
| 4K9 | 973-609 | Operating Expenses | $ | 99,571 | $ | 0 | 77349 | ||||
| TOTAL GSF General Services | 77350 | ||||||||||
| Fund Group | $ | 99,571 | $ | 0 | 77351 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,571 | $ | 0 | 77352 | ||||||
| Section 209.39. PBR STATE PERSONNEL BOARD OF REVIEW | 77353 |
| General Revenue Fund | 77354 |
| GRF | 124-321 | Operating | $ | 1,116,170 | $ | 1,148,000 | 77355 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,116,170 | $ | 1,148,000 | 77356 | ||||||
| General Services Fund Group | 77357 |
| 636 | 124-601 | Transcript and Other | $ | 12,000 | $ | 15,000 | 77358 | ||||
| TOTAL GSF General Services | 77359 | ||||||||||
| Fund Group | $ | 12,000 | $ | 15,000 | 77360 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,128,170 | $ | 1,163,000 | 77361 | ||||||
| TRANSCRIPT AND OTHER | 77362 |
| The foregoing appropriation item 124-601, Transcript and | 77363 |
| Other, may be used to defray the costs of producing an | 77364 |
| administrative record. | 77365 |
| Section 209.42. PRX STATE BOARD OF PHARMACY | 77366 |
| General Services Fund Group | 77367 |
| 4A5 | 887-605 | Drug Law Enforcement | $ | 75,550 | $ | 75,550 | 77368 | ||||
| 4K9 | 887-609 | Operating Expenses | $ | 5,650,537 | $ | 5,400,537 | 77369 | ||||
| TOTAL GSF General Services | 77370 | ||||||||||
| Fund Group | $ | 5,726,087 | $ | 5,476,087 | 77371 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,726,087 | $ | 5,476,087 | 77372 | ||||||
| Section 209.45. PSY STATE BOARD OF PSYCHOLOGY | 77374 |
| General Services Fund Group | 77375 |
| 4K9 | 882-609 | Operating Expenses | $ | 566,112 | $ | 0 | 77376 | ||||
| TOTAL GSF General Services | 77377 | ||||||||||
| Fund Group | $ | 566,112 | $ | 0 | 77378 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 566,112 | $ | 0 | 77379 | ||||||
| Section 209.48. PUB OHIO PUBLIC DEFENDER COMMISSION | 77381 |
| General Revenue Fund | 77382 |
| GRF | 019-321 | Public Defender Administration | $ | 1,295,570 | $ | 1,262,439 | 77383 | ||||
| GRF | 019-401 | State Legal Defense Services | $ | 5,744,601 | $ | 5,704,117 | 77384 | ||||
| GRF | 019-403 | Multi-County: State Share | $ | 823,620 | $ | 823,620 | 77385 | ||||
| GRF | 019-404 | Trumbull County - State Share | $ | 256,380 | $ | 256,380 | 77386 | ||||
| GRF | 019-405 | Training Account | $ | 31,324 | $ | 31,324 | 77387 | ||||
| GRF | 019-501 | County Reimbursement | $ | 30,000,000 | $ | 30,000,000 | 77388 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,151,495 | $ | 38,077,880 | 77389 | ||||||
| General Services Fund Group | 77390 |
| 101 | 019-602 | Inmate Legal Assistance | $ | 53,086 | $ | 32,338 | 77391 | ||||
| 406 | 019-603 | Training and Publications | $ | 16,000 | $ | 16,000 | 77392 | ||||
| 407 | 019-604 | County Representation | $ | 186,146 | $ | 188,810 | 77393 | ||||
| 408 | 019-605 | Client Payments | $ | 614,027 | $ | 762,106 | 77394 | ||||
| TOTAL GSF General Services | 77395 | ||||||||||
| Fund Group | $ | 869,259 | $ | 999,254 | 77396 | ||||||
| Federal Special Revenue Fund Group | 77397 |
| 3S8 | 019-608 | Federal Representation | $ | 380,484 | $ | 315,287 | 77398 | ||||
| TOTAL FED Federal Special Revenue | 77399 | ||||||||||
| Fund Group | $ | 380,484 | $ | 315,287 | 77400 | ||||||
| State Special Revenue Fund Group | 77401 |
| 4C7 | 019-601 | Multi-County: County Share | $ | 2,028,309 | $ | 2,104,367 | 77402 | ||||
| 4X7 | 019-610 | Trumbull County - County Share | $ | 642,106 | $ | 665,860 | 77403 | ||||
| 574 | 019-606 | Legal Services Corporation | $ | 16,575,000 | $ | 21,300,000 | 77404 | ||||
| TOTAL SSR State Special Revenue | 77405 | ||||||||||
| Fund Group | $ | 19,245,415 | $ | 24,070,227 | 77406 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 58,646,653 | $ | 63,462,648 | 77407 | ||||||
| INDIGENT DEFENSE OFFICE | 77408 |
| The foregoing appropriation items 019-404, Trumbull County - | 77409 |
| State Share, and 019-610, Trumbull County - County Share, shall be | 77410 |
| used to support an indigent defense office for Trumbull County. | 77411 |
| MULTI-COUNTY OFFICE | 77412 |
| The foregoing appropriation items 019-403, Multi-County: | 77413 |
| State Share, and 019-601, Multi-County: County Share, shall be | 77414 |
| used to support the Office of the Ohio Public Defender's | 77415 |
| Multi-County Branch Office Program. | 77416 |
| TRAINING ACCOUNT | 77417 |
| The foregoing appropriation item 019-405, Training Account, | 77418 |
| shall be used by the Ohio Public Defender to provide legal | 77419 |
| training programs at no cost for private appointed counsel who | 77420 |
| represent at least one indigent defendant at no cost and for state | 77421 |
| and county public defenders and attorneys who contract with the | 77422 |
| Ohio Public Defender to provide indigent defense services. | 77423 |
| FEDERAL REPRESENTATION | 77424 |
| The foregoing appropriation item 019-608, Federal | 77425 |
| Representation, shall be used to receive reimbursements from the | 77426 |
| federal courts when the Ohio Public Defender provides | 77427 |
| representation in federal court cases and to support | 77428 |
| representation in such cases. | 77429 |
| Section 209.51. DHS DEPARTMENT OF PUBLIC SAFETY | 77430 |
| General Revenue Fund | 77431 |
| GRF | 763-403 | Operating Expenses - EMA | $ | 4,164,697 | $ | 4,164,697 | 77432 | ||||
| GRF | 763-507 | Individual and Households Program - State | $ | 650,000 | $ | 650,000 | 77433 | ||||
| GRF | 768-424 | Operating Expenses - CJS | $ | 965,899 | $ | 1,276,192 | 77434 | ||||
| GRF | 769-321 | Food Stamp Trafficking Enforcement Operations | $ | 752,000 | $ | 752,000 | 77435 | ||||
| TOTAL GRF General Revenue Fund | $ | 6,532,596 | $ | 6,842,889 | 77436 | ||||||
| General Services Fund Group | 77437 |
| 4P6 | 768-601 | Justice Program Services | $ | 100,000 | $ | 100,000 | 77438 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 77439 | ||||||
| Federal Special Revenue Fund Group | 77440 |
| 3L5 | 768-604 | Justice Program | $ | 31,019,750 | $ | 25,214,623 | 77441 | ||||
| 3V8 | 768-605 | Federal Program Purposes FFY01 | $ | 50,000 | $ | 0 | 77442 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 31,069,750 | $ | 25,214,623 | 77443 | ||||||
| State Special Revenue Fund Group | 77444 |
| XXX | 768-XXX | Public Safety Services | $ | 100,000 | $ | 200,000 | 77445 | ||||
| 5BK | 768-689 | Family Violence Shelter Programs | $ | 500,000 | $ | 650,000 | 77446 | ||||
| 5B9 | 766-632 | PI & Security Guard Provider | $ | 1,888,716 | $ | 1,188,716 | 77447 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 1,788,716 | $ | 2,038,716 | 77448 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 39,491,062 | $ | 34,196,228 | 77449 |
| OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT | 77450 |
| Of the foregoing appropriation item 763-403, Operating | 77451 |
| Expenses - EMA, $200,000 in each fiscal year shall be used to fund | 77452 |
| the Ohio Task Force One - Urban Search and Rescue Unit and other | 77453 |
| urban search and rescue programs around the state to create a | 77454 |
| stronger search and rescue capability statewide. | 77455 |
| INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH | 77456 |
| The foregoing appropriation item 763-507, Individual and | 77457 |
| Households Program - State, shall be used to fund the state share | 77458 |
| of costs to provide grants to individuals and households in cases | 77459 |
| of disaster. | 77460 |
| TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE | 77461 |
| DEPARTMENT OF PUBLIC SAFETY | 77462 |
| (A) On July 1, 2005: | 77463 |
| (1) The Office of Criminal Justice Services shall cease to | 77464 |
| exist. The employees of the Office of Criminal Justice Services | 77465 |
| who were employed by that Office on June 30, 2005, are transferred | 77466 |
| on that date to the Division of Criminal Justice Services in the | 77467 |
| Department of Public Safety. The vehicles and equipment assigned | 77468 |
| to those employees are transferred to the Division of Criminal | 77469 |
| Justice Services. | 77470 |
| (2) The assets, liabilities, other equipment not provided | 77471 |
| for, and records, irrespective of form or medium, of the Office of | 77472 |
| Criminal Justice Services are transferred to the Division of | 77473 |
| Criminal Justice Services. The Division of Criminal Justice | 77474 |
| Services is the successor to, assumes the obligations of, and | 77475 |
| otherwise constitutes the continuation of the Office of Criminal | 77476 |
| Justice Services. | 77477 |
| (3) Business commenced but not completed by the Office of | 77478 |
| Criminal Justice Services on July 1, 2005, shall be completed by | 77479 |
| the Division of Criminal Justice Services, in the same manner, and | 77480 |
| with the same effect, as if completed by the Office of Criminal | 77481 |
| Justice Services. No validation, cure, right, privilege, remedy, | 77482 |
| obligation, or liability is lost or impaired by reason of the | 77483 |
| transfer required by this section but shall be administered by the | 77484 |
| Division of Criminal Justice Services. | 77485 |
| (4) The rules, orders, and determinations pertaining to the | 77486 |
| Office of Criminal Justice Services continue in effect as rules, | 77487 |
| orders, and determinations of the Division of Criminal Justice | 77488 |
| Services until modified or rescinded by that Division. | 77489 |
| (5) No judicial or administrative action or proceeding | 77490 |
| pending on July 1, 2005, is affected by the transfer of functions | 77491 |
| from the Office of Criminal Justice Services to the Division of | 77492 |
| Criminal Justice Services and shall be prosecuted or defended in | 77493 |
| the name of the Executive Director or Division of Criminal Justice | 77494 |
| Services. On application to the court or other tribunal, the | 77495 |
| Executive Director or Division of Criminal Justice Services shall | 77496 |
| be substituted as a party in those actions and proceedings. | 77497 |
| (6) When the Director or Office of Criminal Justice Services | 77498 |
| is referred to in any statute, rule, contract, grant, or other | 77499 |
| document, the reference is hereby deemed to refer to the Executive | 77500 |
| Director or Division of Criminal Justice Services. | 77501 |
| (B) On and after July 1, 2005, if necessary to ensure the | 77502 |
| integrity of the numbering of the Administrative Code, the | 77503 |
| Director of the Legislative Service Commission shall renumber the | 77504 |
| rules of the Office of Criminal Justice Services to reflect their | 77505 |
| transfer to the Division of Criminal Justice Services in the | 77506 |
| Department of Public Safety. | 77507 |
| (C) On and after July 1, 2005, notwithstanding any provision | 77508 |
| of law to the contrary, the Director of Budget and Management is | 77509 |
| authorized to take the actions described in this section with | 77510 |
| respect to budget changes made necessary by administrative | 77511 |
| reorganization, program transfers, the creation of new funds, and | 77512 |
| the consolidation of funds as authorized by this act. The Director | 77513 |
| may make any transfer of cash balances between funds. At the | 77514 |
| request of the Director of Budget and Management, the | 77515 |
| administering agency head shall certify to the Director an | 77516 |
| estimate of the amount of the cash balance to be transferred to | 77517 |
| the receiving fund. The Director may transfer the estimated amount | 77518 |
| when needed to make payments. Not more than thirty days after | 77519 |
| certifying the estimated amount, the administering agency head | 77520 |
| shall certify the final amount to the Director. The Director shall | 77521 |
| transfer the difference between any amount previously transferred | 77522 |
| and the certified final amount. The Director may cancel | 77523 |
| encumbrances and re-establish encumbrances or parts of | 77524 |
| encumbrances as needed in fiscal year 2006 in the appropriate fund | 77525 |
| and appropriation item for the same purpose and to the same | 77526 |
| vendor. As determined by the Director, the appropriation authority | 77527 |
| necessary to re-establish those encumbrances in fiscal year 2006 | 77528 |
| in a different fund or appropriation item within an agency or | 77529 |
| between agencies is hereby authorized. The Director shall reduce | 77530 |
| each year's appropriation balances by the amount of the | 77531 |
| encumbrances canceled in their respective funds and appropriation | 77532 |
| items. Any fiscal year 2005 unencumbered or unallocated | 77533 |
| appropriation balances may be transferred to the appropriate item | 77534 |
| to be used for the same purposes, as determined by the Director. | 77535 |
| (D) Any advisory committees appointed by the Governor to | 77536 |
| assist the Office of Criminal Justice Services pursuant to section | 77537 |
| 181.53 and existing on June 30, 2005, shall continue to exist as | 77538 |
| advisory committees to the Division of Criminal Justice Services | 77539 |
| in the Department of Public Safety beginning on July 1, 2005, | 77540 |
| subject to section 121.13 of the Revised Code. | 77541 |
| STATE FIRE MARSHAL'S FUND CASH TRANSFERS FOR PUBLIC SAFETY | 77542 |
| SERVICES | 77543 |
| Notwithstanding section 3737.71 of the Revised Code, in | 77544 |
| fiscal year 2006, the Director of Budget and Management shall | 77545 |
| transfer $100,000 in cash from the Department of Commerce's State | 77546 |
| Fire Marshal's Fund (Fund 546) to the Department of Public | 77547 |
| Safety's Public Safety Services Fund (Fund XXX), which is hereby | 77548 |
| created in the state treasury, and in fiscal year 2007, the | 77549 |
| Director of Budget and Management shall transfer $200,000 in cash | 77550 |
| from the Department of Commerce's State Fire Marshal's Fund (Fund | 77551 |
| 546) to the Department of Public Safety's Public Safety Services | 77552 |
| Fund (Fund XXX). | 77553 |
| The foregoing appropriation item 768-XXX, Public Safety | 77554 |
| Services, shall be used by the Department of Public Safety's | 77555 |
| Division of Criminal Justice Services to provide a grant of | 77556 |
| $100,000 in fiscal year 2006 and a grant of $200,000 in fiscal | 77557 |
| year 2007 to the City of Warren to assist in providing essential | 77558 |
| public safety services to its citizens. | 77559 |
| Section 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 77560 |
| General Services Fund Group | 77561 |
| 5F6 | 870-622 | Utility and Railroad Regulation | $ | 31,272,222 | $ | 31,272,223 | 77562 | ||||
| 5F6 | 870-624 | NARUC/NRRI Subsidy | $ | 167,233 | $ | 167,233 | 77563 | ||||
| 5F6 | 870-625 | Motor Transportation Regulation | $ | 5,361,239 | $ | 5,361,238 | 77564 | ||||
| TOTAL GSF General Services | 77565 | ||||||||||
| Fund Group | $ | 36,800,694 | $ | 36,800,694 | 77566 | ||||||
| Federal Special Revenue Fund Group | 77567 |
| 3V3 | 870-604 | Commercial Vehicle Information Systems/Networks | $ | 300,000 | $ | 300,000 | 77568 | ||||
| 333 | 870-601 | Gas Pipeline Safety | $ | 597,957 | $ | 597,957 | 77569 | ||||
| 350 | 870-608 | Motor Carrier Safety | $ | 7,027,712 | $ | 7,027,712 | 77570 | ||||
| TOTAL FED Federal Special Revenue | 77571 | ||||||||||
| Fund Group | $ | 7,925,669 | $ | 7,925,669 | 77572 | ||||||
| State Special Revenue Fund Group | 77573 |
| 4A3 | 870-614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 77574 | ||||
| 4L8 | 870-617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 77575 | ||||
| 4S6 | 870-618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 77576 | ||||
| 4S6 | 870-621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 77577 | ||||
| 4U8 | 870-620 | Civil Forfeitures | $ | 284,986 | $ | 284,986 | 77578 | ||||
| 559 | 870-605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 77579 | ||||
| 560 | 870-607 | Special Assessment | $ | 100,000 | $ | 100,000 | 77580 | ||||
| 561 | 870-606 | Power Siting Board | $ | 337,210 | $ | 337,210 | 77581 | ||||
| 638 | 870-611 | Biomass Energy Program | $ | 40,000 | $ | 40,000 | 77582 | ||||
| 661 | 870-612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 77583 | ||||
| TOTAL SSR State Special Revenue | 77584 | ||||||||||
| Fund Group | $ | 4,041,245 | $ | 4,041,245 | 77585 | ||||||
| Agency Fund Group | 77586 |
| 4G4 | 870-616 | Base State Registration Program | $ | 5,600,000 | $ | 5,600,000 | 77587 | ||||
| TOTAL AGY Agency Fund Group | $ | 5,600,000 | $ | 5,600,000 | 77588 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 54,367,608 | $ | 54,367,608 | 77589 | ||||||
| COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT | 77590 |
| The Commercial Vehicle Information Systems and Networks Fund | 77591 |
| is hereby created in the state treasury. The fund shall receive | 77592 |
| funding from the United States Department of Transportation's | 77593 |
| Commercial Vehicle Intelligent Transportation System | 77594 |
| Infrastructure Deployment Program and shall be used to deploy the | 77595 |
| Ohio Commercial Vehicle Information Systems and Networks Project | 77596 |
| and to expedite and improve the safety of motor carrier operations | 77597 |
| through electronic exchange of data by means of on-highway | 77598 |
| electronic systems. | 77599 |
| Section 209.57. PWC PUBLIC WORKS COMMISSION | 77600 |
| General Revenue Fund | 77601 |
| GRF | 150-904 | Conservation General Obligation Debt Service | $ | 13,687,300 | $ | 17,168,800 | 77602 | ||||
| GRF | 150-907 | State Capital Improvements | $ | 160,731,400 | $ | 172,145,100 | 77603 | ||||
| General Obligation Debt Service | 77604 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 174,418,700 | $ | 189,313,900 | 77605 | ||||||
| Clean Ohio Fund Group | 77606 |
| 056 | 150-403 | Clean Ohio Operating Expenses | $ | 298,245 | $ | 311,509 | 77607 | ||||
| TOTAL 056 Clean Ohio Fund Group | $ | 298,245 | $ | 311,509 | 77608 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 174,716,945 | $ | 189,625,409 | 77609 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 77610 |
| The foregoing appropriation item 150-904, Conservation | 77611 |
| General Obligation Debt Service, shall be used to pay all debt | 77612 |
| service and related financing costs at the times they are required | 77613 |
| to be made under sections 151.01 and 151.09 of the Revised Code | 77614 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 77615 |
| of the Sinking Fund or the Director of Budget and Management shall | 77616 |
| effectuate the required payments by intrastate transfer voucher. | 77617 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 77618 |
| The foregoing appropriation item 150-907, State Capital | 77619 |
| Improvements General Obligation Debt Service, shall be used to pay | 77620 |
| all debt service and related financing costs at the times they are | 77621 |
| required to be made under sections 151.01 and 151.08 of the | 77622 |
| Revised Code during the period from July 1, 2005, to June 30, | 77623 |
| 2007. The Office of the Sinking Fund or the Director of Budget and | 77624 |
| Management shall effectuate the required payments by intrastate | 77625 |
| transfer voucher. | 77626 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 77627 |
| (A) On or before June 1, 2007, the Director of the Public | 77628 |
| Works Commission shall certify to the Director of Budget and | 77629 |
| Management the following: | 77630 |
| (1) The total amount disbursed from appropriation item | 77631 |
| 700-409, Farmland Preservation, during the 2005-2007 biennium; and | 77632 |
| (2) The amount of interest earnings that have been credited | 77633 |
| to the Clean Ohio Conservation Fund (Fund 056) that are in excess | 77634 |
| of the amount needed for other purposes as calculated by the | 77635 |
| Director of the Public Works Commission. | 77636 |
| (B) If the Director of Budget and Management determines under | 77637 |
| division (A)(2) of this section that there are excess interest | 77638 |
| earnings, the Director of Budget and Management shall, on or | 77639 |
| before June 1, 2007, transfer the excess interest earnings to the | 77640 |
| General Revenue Fund in an amount equal to the total amount | 77641 |
| disbursed under division (A)(1) of this section from the Clean | 77642 |
| Ohio Conservation Fund. | 77643 |
| CLEAN OHIO OPERATING EXPENSES | 77644 |
| The foregoing appropriation item 150-403, Clean Ohio | 77645 |
| Operating Expenses, shall be used by the Ohio Public Works | 77646 |
| Commission in administering sections 164.20 to 164.27 of the | 77647 |
| Revised Code. | 77648 |
| Section 209.60. RAC STATE RACING COMMISSION | 77649 |
| State Special Revenue Fund Group | 77650 |
| 5C4 | 875-607 | Simulcast Horse Racing Purse | $ | 17,061,489 | $ | 17,063,948 | 77651 | ||||
| 562 | 875-601 | Thoroughbred Race Fund | $ | 4,642,378 | $ | 4,642,378 | 77652 | ||||
| 563 | 875-602 | Standardbred Development Fund | $ | 3,161,675 | $ | 3,161,675 | 77653 | ||||
| 564 | 875-603 | Quarterhorse Development Fund | $ | 2,000 | $ | 2,000 | 77654 | ||||
| 565 | 875-604 | Racing Commission Operating | $ | 4,000,000 | $ | 4,000,000 | 77655 | ||||
| TOTAL SSR State Special Revenue | 77656 | ||||||||||
| Fund Group | $ | 28,867,542 | $ | 28,870,001 | 77657 | ||||||
| Holding Account Redistribution Fund Group | 77658 |
| R21 | 875-605 | Bond Reimbursements | $ | 212,900 | $ | 212,900 | 77659 | ||||
| TOTAL 090 Holding Account Redistribution | 77660 | ||||||||||
| Fund Group | $ | 212,900 | $ | 212,900 | 77661 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 29,080,442 | $ | 29,082,901 | 77662 | ||||||
| Section 209.63. BOR BOARD OF REGENTS | 77664 |
| General Revenue Fund | 77665 |
| GRF | 235-321 | Operating Expenses | $ | 3,147,659 | $ | 2,966,351 | 77666 | ||||
| GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 77667 | ||||
| GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 77668 | ||||
| GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 77669 | ||||
| GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 77670 | ||||
| GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 77671 | ||||
| GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 77672 | ||||
| GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 0 | 77673 | ||||
| GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 77674 | ||||
| GRF | 235-418 | Access Challenge | $ | 63,340,676 | $ | 0 | 77675 | ||||
| GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 0 | 77676 | ||||
| GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,076,068 | $ | 1,076,068 | 77677 | ||||
| GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 0 | 77678 | ||||
| GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 77679 | ||||
| GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,597,506 | $ | 2,597,506 | 77680 | ||||
| GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 77681 | ||||
| GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 77682 | ||||
| GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 77683 | ||||
| GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,718,873,185 | 77684 | ||||
| GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 77685 | ||||
| GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 77686 | ||||
| GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 77687 | ||||
| GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 77688 | ||||
| GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 77689 | ||||
| GRF | 235-510 | Ohio Supercomputer Center | $ | 4,021,195 | $ | 4,021,195 | 77690 | ||||
| GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 77691 | ||||
| GRF | 235-513 | Ohio University Voinovich Center | $ | 286,082 | $ | 286,082 | 77692 | ||||
| GRF | 235-514 | Central State Supplement | $ | 10,172,626 | $ | 0 | 77693 | ||||
| GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 77694 | ||||
| GRF | 235-520 | Shawnee State Supplement | $ | 1,817,839 | $ | 0 | 77695 | ||||
| GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 77696 | ||||
| GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 77697 | ||||
| GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 0 | 77698 | ||||
| GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 77699 | ||||
| GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 77700 | ||||
| GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 77701 | ||||
| GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 77702 | ||||
| GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,830,188 | $ | 35,830,188 | 77703 | ||||
| GRF | 235-543 | Ohio College of Podiatric Medicine Clinic Subsidy | $ | 250,000 | $ | 250,000 | 77704 | ||||
| GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 77705 | ||||
| GRF | 235-552 | Capital Component | $ | 19,058,863 | $ | 19,058,863 | 77706 | ||||
| GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 77707 | ||||
| GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 77708 | ||||
| GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 77709 | ||||
| GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 77710 | ||||
| GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 0 | 77711 | ||||
| GRF | 235-560 | Medical Support | $ | 45,931,099 | $ | 53,686,414 | 77712 | ||||
| GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 77713 | ||||
| GRF | 235-562 | Family Practice and Primary Care Residencies | $ | 6,794,158 | $ | 0 | 77714 | ||||
| GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 77715 | ||||
| GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 77716 | ||||
| GRF | 235-583 | Urban University Programs | $ | 4,901,408 | $ | 4,901,408 | 77717 | ||||
| GRF | 235-587 | Rural University Projects | $ | 1,033,100 | $ | 1,033,100 | 77718 | ||||
| GRF | 235-596 | Hazardous Materials Program | $ | 310,435 | $ | 310,435 | 77719 | ||||
| GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 77720 | ||||
| GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 77721 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,467,953,448 | $ | 2,516,504,717 | 77722 | ||||||
| General Services Fund Group | 77723 |
| 220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 77724 | ||||
| 456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 77725 | ||||
| TOTAL GSF General Services | 77726 | ||||||||||
| Fund Group | $ | 1,100,000 | $ | 1,300,000 | 77727 | ||||||
| Federal Special Revenue Fund Group | 77728 |
| 3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 77729 | ||||
| 3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 77730 | ||||
| 3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 77731 | ||||
| 3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 77732 | ||||
| 312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 77733 | ||||
| 312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 77734 | ||||
| 312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 77735 | ||||
| 312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 77736 | ||||
| 312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 77737 | ||||
| 312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 77738 | ||||
| 312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 77739 | ||||
| 312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 77740 | ||||
| TOTAL FED Federal Special Revenue | 77741 | ||||||||||
| Fund Group | $ | 20,221,014 | $ | 20,221,014 | 77742 | ||||||
| State Special Revenue Fund Group | 77743 |
| 4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 77744 | ||||
| 4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 77745 | ||||
| 649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 77746 | ||||
| 682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 77747 | ||||
| TOTAL SSR State Special Revenue | 77748 | ||||||||||
| Fund Group | $ | 2,184,870 | $ | 2,184,870 | 77749 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,491,459,332 | $ | 2,540,210,601 | 77750 | ||||||
| Section 209.63.03. OPERATING EXPENSES | 77752 |
| Of the foregoing appropriation item 235-321, Operating | 77753 |
| Expenses, up to $150,000 in each fiscal year shall be used in | 77754 |
| conjunction with funding provided in the Department of Education | 77755 |
| budget under appropriation item 200-427, Academic Standards, to | 77756 |
| create Ohio's Partnership for Continued Learning, in consultation | 77757 |
| with the Governor's Office. The Partnership, which replaces and | 77758 |
| broadens the former Joint Council of the Department of Education | 77759 |
| and the Board of Regents, shall advise and make recommendations to | 77760 |
| promote collaboration among relevant state entities in an effort | 77761 |
| to help local communities develop coherent and successful "P-16" | 77762 |
| learning systems. The Director of Budget and Management may | 77763 |
| transfer any unencumbered fiscal year 2006 balance to fiscal year | 77764 |
| 2007 to support the activities of the Partnership. | 77765 |
| Of the foregoing appropriation item 235-321, Operating | 77766 |
| Expenses, $250,000 in fiscal year 2006 shall be used by the Board | 77767 |
| of Regents to contract with an independent party to study each | 77768 |
| state supported university. The study shall include an examination | 77769 |
| of the areas of study at each state university and determine which | 77770 |
| areas of study each university excels in providing, and which | 77771 |
| areas of study each university is mediocre in providing. The study | 77772 |
| shall point to duplication of coursework, inefficiencies, and | 77773 |
| provide recommendations for potential centralization. The Board of | 77774 |
| Regents shall report the findings of the study to the General | 77775 |
| Assembly and the Governor not later than March 31, 2006. | 77776 |
| Section 209.63.06. LEASE RENTAL PAYMENTS | 77777 |
| The foregoing appropriation item 235-401, Lease Rental | 77778 |
| Payments, shall be used to meet all payments at the times they are | 77779 |
| required to be made during the period from July 1, 2005, to June | 77780 |
| 30, 2007, by the Board of Regents under leases and agreements made | 77781 |
| under section 154.21 of the Revised Code, but limited to the | 77782 |
| aggregate amount of $401,414,500. Nothing in this act shall be | 77783 |
| deemed to contravene the obligation of the state to pay, without | 77784 |
| necessity for further appropriation, from the sources pledged | 77785 |
| thereto, the bond service charges on obligations issued pursuant | 77786 |
| to section 154.21 of the Revised Code. | 77787 |
| Section 209.63.09. SEA GRANTS | 77788 |
| The foregoing appropriation item 235-402, Sea Grants, shall | 77789 |
| be disbursed to the Ohio State University and shall be used to | 77790 |
| conduct research on fish in Lake Erie. | 77791 |
| Section 209.63.12. ARTICULATION AND TRANSFER | 77792 |
| The foregoing appropriation item 235-406, Articulation and | 77793 |
| Transfer, shall be used by the Board of Regents to maintain and | 77794 |
| expand the work of the Articulation and Transfer Council to | 77795 |
| develop a system of transfer policies to ensure that students at | 77796 |
| state institutions of higher education can transfer and have | 77797 |
| coursework apply to their majors and degrees at any other state | 77798 |
| institution of higher education without unnecessary duplication or | 77799 |
| institutional barriers under section 3333.16 of the Revised Code. | 77800 |
| Of the foregoing appropriation item 235-406, Articulation and | 77801 |
| Transfer, $200,000 in each fiscal year shall be used to support | 77802 |
| the work of the Articulation and Transfer Council under division | 77803 |
| (B) of section 3333.16 of the Revised Code. | 77804 |
| Section 209.63.15. MIDWEST HIGHER EDUCATION COMPACT | 77805 |
| The foregoing appropriation item 235-408, Midwest Higher | 77806 |
| Education Compact, shall be distributed by the Board of Regents | 77807 |
| under section 3333.40 of the Revised Code. | 77808 |
| Section 209.63.18. INFORMATION SYSTEM | 77809 |
| The foregoing appropriation item 235-409, Information System, | 77810 |
| shall be used by the Board of Regents to operate the higher | 77811 |
| education information data system known as the Higher Education | 77812 |
| Information System. | 77813 |
| Section 209.63.21. STATE GRANTS AND SCHOLARSHIP | 77814 |
| ADMINISTRATION | 77815 |
| The foregoing appropriation item 235-414, State Grants and | 77816 |
| Scholarship Administration, shall be used by the Board of Regents | 77817 |
| to administer the following student financial aid programs: Ohio | 77818 |
| Instructional Grant, Part-time Student Instructional Grant, Ohio | 77819 |
| College Opportunity Grant, Ohio Student Choice Grant, Ohio | 77820 |
| Academic Scholarship, Ohio War Orphans' Scholarship, Nurse | 77821 |
| Education Assistance Loan Program, Student Workforce Development | 77822 |
| Grant, Regents Graduate/Professional Fellowship, Ohio Safety | 77823 |
| Officers College Memorial Fund, Capitol Scholarship Program, and | 77824 |
| any other student financial aid programs created by the General | 77825 |
| Assembly. The appropriation item also shall be used to administer | 77826 |
| the federal Leveraging Educational Assistance Partnership (LEAP) | 77827 |
| and Special Leveraging Educational Assistance Partnership (SLEAP) | 77828 |
| programs and other student financial aid programs created by | 77829 |
| Congress and to provide fiscal services for the Ohio National | 77830 |
| Guard Scholarship Program and the Physician Loan Repayment | 77831 |
| Program. | 77832 |
| Section 209.63.24. JOBS CHALLENGE | 77833 |
| Funds appropriated to the foregoing appropriation item | 77834 |
| 235-415, Jobs Challenge, shall be distributed to state-assisted | 77835 |
| community and technical colleges, regional campuses of | 77836 |
| state-assisted universities, and other organizationally distinct | 77837 |
| and identifiable member campuses of the EnterpriseOhio Network in | 77838 |
| support of noncredit job-related training. In fiscal year 2006, | 77839 |
| $2,770,773 shall be distributed as performance grants to | 77840 |
| EnterpriseOhio Network campuses based upon each campus's | 77841 |
| documented performance according to criteria established by the | 77842 |
| Board of Regents for increasing training and related services to | 77843 |
| businesses, industries, and public sector organizations. | 77844 |
| Of the foregoing appropriation item 235-415, Jobs Challenge, | 77845 |
| $2,819,345 in fiscal year 2006 shall be allocated to the Targeted | 77846 |
| Industries Training Grant Program to attract, develop, and retain | 77847 |
| business and industry strategically important to the state's | 77848 |
| economy. | 77849 |
| Also, in fiscal year 2006, $3,758,182 shall be allocated to | 77850 |
| the Higher Skills Incentives Program to promote and deliver | 77851 |
| coordinated, comprehensive training to local employers and to | 77852 |
| reward EnterpriseOhio Network campuses for increasing the amount | 77853 |
| of non-credit skill upgrading services provided to Ohio employers | 77854 |
| and employees. The funds shall be distributed to campuses in | 77855 |
| proportion to each campus's share of noncredit job-related | 77856 |
| training revenues received by all campuses for the previous fiscal | 77857 |
| year. It is the intent of the General Assembly that this Higher | 77858 |
| Skills Incentives component of the Jobs Challenge Program reward | 77859 |
| campus noncredit job-related training efforts in the same manner | 77860 |
| that the Research Challenge Program rewards campuses for their | 77861 |
| ability to obtain sponsored research revenues. | 77862 |
| Section 209.63.27. OHIO LEARNING NETWORK | 77863 |
| The foregoing appropriation item 235-417, Ohio Learning | 77864 |
| Network, shall be used by the Board of Regents to support the | 77865 |
| continued implementation of the Ohio Learning Network, a statewide | 77866 |
| electronic collaborative effort designed to promote degree | 77867 |
| completion of students, workforce training of employees, and | 77868 |
| professional development through the use of advanced | 77869 |
| telecommunications and distance education initiatives. | 77870 |
| Section 209.63.30. ACCESS CHALLENGE | 77871 |
| In fiscal year 2006, the foregoing appropriation item | 77872 |
| 235-418, Access Challenge, shall be distributed to Ohio's | 77873 |
| state-assisted access colleges and universities. For the purposes | 77874 |
| of this allocation, "access campuses" includes state-assisted | 77875 |
| community colleges, state community colleges, technical colleges, | 77876 |
| Shawnee State University, Central State University, Cleveland | 77877 |
| State University, the regional campuses of state-assisted | 77878 |
| universities, and, where they are organizationally distinct and | 77879 |
| identifiable, the community-technical colleges located at the | 77880 |
| University of Cincinnati, Youngstown State University, and the | 77881 |
| University of Akron. | 77882 |
| The purpose of Access Challenge is to reduce the student | 77883 |
| share of costs for resident undergraduates enrolled in lower | 77884 |
| division undergraduate courses at Ohio's access campuses. The | 77885 |
| long-term goal is to make the student share of costs for these | 77886 |
| students equivalent to the student share of costs for resident | 77887 |
| undergraduate students enrolled throughout Ohio's public colleges | 77888 |
| and universities. Access Challenge appropriations shall be used in | 77889 |
| fiscal year 2006 to sustain, as much as possible, the tuition | 77890 |
| restraint or tuition reduction that was achieved with Access | 77891 |
| Challenge allocations in prior years. | 77892 |
| In fiscal year 2006, Access Challenge subsidies shall be | 77893 |
| distributed by the Board of Regents to eligible access campuses on | 77894 |
| the basis of the average of each campus's share of fiscal year | 77895 |
| 2003 and 2004 all-terms subsidy-eligible General Studies FTEs. | 77896 |
| For purposes of this calculation, Cleveland State | 77897 |
| University's enrollments shall be adjusted by the ratio of the sum | 77898 |
| of subsidy-eligible lower-division FTE student enrollments | 77899 |
| eligible for access funding to the sum of subsidy-eligible General | 77900 |
| Studies FTE student enrollments at Central State University and | 77901 |
| Shawnee State University, and for the following universities and | 77902 |
| their regional campuses: the Ohio State University, Ohio | 77903 |
| University, Kent State University, Bowling Green State University, | 77904 |
| Miami University, the University of Cincinnati, the University of | 77905 |
| Akron, and Wright State University. | 77906 |
| Section 209.63.33. SUCCESS CHALLENGE | 77907 |
| The foregoing appropriation item 235-420, Success Challenge, | 77908 |
| shall be used by the Board of Regents to promote degree completion | 77909 |
| by students enrolled at a main campus of a state-assisted | 77910 |
| university. | 77911 |
| Of the foregoing appropriation item 235-420, Success | 77912 |
| Challenge, 66.67 per cent of the appropriation in fiscal year 2006 | 77913 |
| shall be distributed to state-assisted university main campuses in | 77914 |
| proportion to each campus's share of the total statewide | 77915 |
| bachelor's degrees granted by university main campuses to | 77916 |
| "at-risk" students. In fiscal year 2006, an "at-risk" student | 77917 |
| means any undergraduate student who was eligible to receive an | 77918 |
| Ohio need-based financial aid award during the past ten years. An | 77919 |
| eligible institution shall not receive its share of this | 77920 |
| distribution until it has submitted a plan that addresses how the | 77921 |
| subsidy will be used to better serve at-risk students and increase | 77922 |
| their likelihood of successful completion of a bachelor's degree | 77923 |
| program. The Board of Regents shall disseminate to all | 77924 |
| state-supported institutions of higher education all such plans | 77925 |
| submitted by institutions that received Success Challenge funds. | 77926 |
| Of the foregoing appropriation item 235-420, Success | 77927 |
| Challenge, 33.33 per cent of the appropriation in fiscal year 2006 | 77928 |
| shall be distributed to university main campuses in proportion to | 77929 |
| each campus's share of the total bachelor's degrees granted by | 77930 |
| university main campuses to undergraduate students who completed | 77931 |
| their bachelor's degrees in a "timely manner" in the previous | 77932 |
| fiscal year. For purposes of this section, "timely manner" means | 77933 |
| the normal time it would take for a full-time degree-seeking | 77934 |
| undergraduate student to complete the student's degree. Generally, | 77935 |
| for such students pursuing a bachelor's degree, "timely manner" | 77936 |
| means four years. Exceptions to this general rule shall be | 77937 |
| permitted for students enrolled in programs specifically designed | 77938 |
| to be completed in a longer time period. The Board of Regents | 77939 |
| shall collect data to assess the timely completion statistics by | 77940 |
| university main campuses. | 77941 |
| Section 209.63.36. APPALACHIAN NEW ECONOMY PARTNERSHIP | 77942 |
| The foregoing appropriation item 235-428, Appalachian New | 77943 |
| Economy Partnership, shall be distributed to Ohio University to | 77944 |
| continue a multi-campus and multi-agency coordinated effort to | 77945 |
| link Appalachia to the new economy. Ohio University shall use | 77946 |
| these funds to provide leadership in the development and | 77947 |
| implementation of initiatives in the areas of entrepreneurship, | 77948 |
| management, education, and technology. | 77949 |
| Section 209.63.39. ECONOMIC GROWTH CHALLENGE | 77950 |
| The foregoing appropriation item 235-433, Economic Growth | 77951 |
| Challenge, shall be used to enhance the basic research | 77952 |
| capabilities of Ohio's public institutions of higher education, | 77953 |
| support improved graduate programs throughout the state, and | 77954 |
| promote the transfer of technology developed by colleges and | 77955 |
| universities to private industry to further the economic goals of | 77956 |
| the state. | 77957 |
| Of the foregoing appropriation item 235-433, Economic Growth | 77958 |
| Challenge, $18,000,000 in fiscal year 2006 shall be used for the | 77959 |
| Research Incentive Program to enhance the basic research | 77960 |
| capabilities of public colleges and universities and accredited | 77961 |
| Ohio institutions of higher education holding certificates of | 77962 |
| authorization issued under section 1713.02 of the Revised Code, in | 77963 |
| order to strengthen academic research for pursuing Ohio's economic | 77964 |
| development goals. The Board of Regents, in consultation with the | 77965 |
| colleges and universities, shall administer the Research Incentive | 77966 |
| Program and utilize a means of matching, on a fractional basis, | 77967 |
| external funds attracted in the previous year by institutions for | 77968 |
| basic research. The program may include incentives for increasing | 77969 |
| the amount of external research funds coming to eligible | 77970 |
| institutions and for focusing research efforts upon critical state | 77971 |
| needs. Colleges and universities shall submit for review and | 77972 |
| approval to the Board of Regents plans for the institutional | 77973 |
| allocation of state dollars received through the program. The | 77974 |
| institutional plans shall provide the rationale for the allocation | 77975 |
| in terms of the strategic targeting of funds for academic and | 77976 |
| state purposes, for strengthening research programs, for | 77977 |
| increasing the amount of external research funds, and shall | 77978 |
| include an evaluation process to provide results of the increased | 77979 |
| support. Institutional plans for the use of Research Incentive | 77980 |
| funding must demonstrate a significant investment in Third | 77981 |
| Frontier activities funded at the institution. For a college or | 77982 |
| university with multiple Third Frontier grants, as much as 10% of | 77983 |
| that institution's Research Incentive funding may be invested in | 77984 |
| Third Frontier Project-related activities. Each institutional plan | 77985 |
| for the investment of Research Incentive moneys shall report on | 77986 |
| existing, planned, or possible relationships with other state | 77987 |
| science and technology programs and funding recipients in order to | 77988 |
| further ongoing statewide science and technology collaboration | 77989 |
| objectives. The Board of Regents shall submit a biennial report of | 77990 |
| progress to the General Assembly. | 77991 |
| In fiscal year 2006, each state-assisted doctoral | 77992 |
| degree-granting university shall initiate a comprehensive | 77993 |
| Innovation Incentive Plan designed to enhance doctoral programs | 77994 |
| and areas of research that have the greatest potential to attract | 77995 |
| preeminent researchers and build research capacity; enhance | 77996 |
| regional or state economic growth by creating new products and | 77997 |
| services to be commercialized; and complement Ohio's Third | 77998 |
| Frontier Project. | 77999 |
| Funding for the Innovation Incentive Program shall be | 78000 |
| generated from those universities electing to set aside a portion | 78001 |
| of their allocation of the current doctoral reserve as provided in | 78002 |
| appropriation item 235-501, State Share of Instruction, and state | 78003 |
| matching funds provided in appropriation item 235-433, Economic | 78004 |
| Growth Challenge. | 78005 |
| Of the foregoing appropriation item 235-433, Economic Growth | 78006 |
| Challenge, $2,343,097 in fiscal year 2006 shall match funds set | 78007 |
| aside by the universities for the Innovation Incentive Program. | 78008 |
| The set aside begins in fiscal year 2006 and is intended to | 78009 |
| increase incrementally over a period of ten years with the goal of | 78010 |
| setting aside a total of fifteen per cent of the doctoral reserve | 78011 |
| from appropriation item 235-501, State Share of Instruction, by | 78012 |
| 2016. | 78013 |
| The Board of Regents shall use the combined amount of each | 78014 |
| participating university's set aside of the doctoral reserve that | 78015 |
| has been withheld and the state matching funds earmarked under | 78016 |
| appropriation item 235-433, Economic Growth Challenge, to make | 78017 |
| awards through a competitive process under the Innovation | 78018 |
| Incentive Program. Only universities electing to set aside the | 78019 |
| prescribed amount of their allocation of the doctoral reserve are | 78020 |
| eligible to compete for and receive Innovation Incentive awards. | 78021 |
| The participating universities shall use these awards to | 78022 |
| restructure their array of doctoral programs. | 78023 |
| Section 209.63.42. COLLEGE READINESS AND ACCESS | 78024 |
| Appropriation item 235-434, College Readiness and Access, | 78025 |
| shall be used by the Board of Regents to support programs designed | 78026 |
| to improve the academic preparation and increase the number of | 78027 |
| students that enroll and succeed in higher education such as the | 78028 |
| Ohio College Access Network, the state match for the federal | 78029 |
| Gaining Early Awareness and Readiness for Undergraduate Program, | 78030 |
| and early awareness initiatives. The appropriation item shall also | 78031 |
| be used to support innovative statewide strategies to increase | 78032 |
| student access and retention for specialized populations, and to | 78033 |
| provide for pilot projects that will contribute to improving | 78034 |
| access to higher education by specialized populations. The funds | 78035 |
| may be used for projects that improve access for nonpublic | 78036 |
| secondary students. | 78037 |
| Of the foregoing appropriation item 235-434, College | 78038 |
| Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in | 78039 |
| fiscal year 2007 shall be distributed to the Ohio Appalachian | 78040 |
| Center for Higher Education at Shawnee State University. The board | 78041 |
| of directors of the Center shall consist of the presidents of | 78042 |
| Shawnee State University, Ohio University, Belmont Technical | 78043 |
| College, Hocking College, Jefferson Community College, Zane State | 78044 |
| College, Rio Grande Community College, Southern State Community | 78045 |
| College, and Washington State Community College; the dean of one | 78046 |
| of the Salem, Tuscarawas, and East Liverpool regional campuses of | 78047 |
| Kent State University, as designated by the president of Kent | 78048 |
| State University; and a representative of the Board of Regents | 78049 |
| designated by the Chancellor. | 78050 |
| Of the foregoing appropriation item 235-434, College | 78051 |
| Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in | 78052 |
| fiscal year 2007 shall be distributed to Miami University for the | 78053 |
| Student Achievement in Research and Scholarship (STARS) Program. | 78054 |
| Of the foregoing appropriation item 235-434, College | 78055 |
| Readiness and Access, $1,574,535 in fiscal year 2006 and | 78056 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 78057 |
| funding provided in the Ohio Department of Education budget under | 78058 |
| appropriation item 200-431, School Improvement Initiatives, to | 78059 |
| support the Early College High School Pilot Program. | 78060 |
| Section 209.63.45. TEACHER IMPROVEMENT INITIATIVES | 78061 |
| Appropriation item 235-435, Teacher Improvement Initiatives, | 78062 |
| shall be used by the Board of Regents to support programs such as | 78063 |
| OSI - Discovery and the Centers of Excellence in Mathematics and | 78064 |
| Science designed to raise the quality of mathematics and science | 78065 |
| teaching in primary and secondary education. | 78066 |
| Of the foregoing appropriation item 235-435, Teacher | 78067 |
| Improvement Initiatives, $204,049 in each fiscal year shall be | 78068 |
| distributed to the Mathematics and Science Center in Lake County. | 78069 |
| Of the foregoing appropriation item 235-435, Teacher | 78070 |
| Improvement Initiatives, $81,619 in each fiscal year shall be | 78071 |
| distributed to the Ohio Mathematics and Science Coalition. | 78072 |
| Of the foregoing appropriation item 234-435, Teacher | 78073 |
| Improvement Initiatives, $100,000 in each fiscal year shall be | 78074 |
| distributed to the Teacher Quality Partnerships study. | 78075 |
| Of the foregoing appropriation item 235-435, Teacher | 78076 |
| Improvement Initiatives, $799,871 in each fiscal year shall be | 78077 |
| distributed to the Ohio Resource Center for Mathematics, Science, | 78078 |
| and Reading. The funds shall be used to support a resource center | 78079 |
| for mathematics, science, and reading to be located at a | 78080 |
| state-assisted university for the purpose of identifying best | 78081 |
| educational practices in primary and secondary schools and | 78082 |
| establishing methods for communicating them to colleges of | 78083 |
| education and school districts. The Ohio Resource Center for | 78084 |
| Mathematics, Science, and Reading shall not make available | 78085 |
| resources that are inconsistent with the K-12 science standards | 78086 |
| and policies as adopted by the State Board of Education. | 78087 |
| Section 209.63.48. EMINENT SCHOLARS | 78088 |
| The foregoing appropriation item 235-451, Eminent Scholars, | 78089 |
| shall be used by the Ohio Board of Regents to continue the Ohio | 78090 |
| Eminent Scholars Program, the purpose of which is to invest | 78091 |
| educational resources to address problems that are of vital | 78092 |
| statewide significance while fostering the growth in eminence of | 78093 |
| Ohio's academic programs. Ohio Eminent Scholars endowed chairs | 78094 |
| shall allow Ohio universities to recruit senior faculty members | 78095 |
| from outside Ohio who are nationally and internationally | 78096 |
| recognized scholars in areas of science and technology that | 78097 |
| provide the basic research platforms on which the state's | 78098 |
| technology and commercialization efforts are built. Endowment | 78099 |
| grants of approximately $685,494 to state colleges and | 78100 |
| universities and nonprofit Ohio institutions of higher education | 78101 |
| holding certificates of authorization issued under section 1713.02 | 78102 |
| of the Revised Code to match endowment gifts from nonstate sources | 78103 |
| may be made in accordance with a plan established by the Ohio | 78104 |
| Board of Regents. Matching nonstate endowment gifts shall be equal | 78105 |
| to the state's endowment grant of approximately $685,494. The | 78106 |
| grants shall have as their purpose attracting and sustaining in | 78107 |
| Ohio scholar-leaders of national or international prominence; each | 78108 |
| grant shall assist in accelerating state economic growth through | 78109 |
| research that provides an essential basic science platform for | 78110 |
| commercialization efforts. Such scholar-leaders shall, among their | 78111 |
| duties, share broadly the benefits and knowledge unique to their | 78112 |
| fields of scholarship to the betterment of Ohio and its people and | 78113 |
| collaborate with other state technology programs and program | 78114 |
| recipients. | 78115 |
| All new Eminent Scholar awards made by the Board of Regents | 78116 |
| shall be associated with a Wright Center of Innovation, a | 78117 |
| Partnership Award from the Biomedical Research and Technology | 78118 |
| Transfer Trust Fund, or a Wright Capital Project. | 78119 |
| Section 209.63.51. ENTERPRISEOHIO NETWORK | 78120 |
| The foregoing appropriation item 235-455, EnterpriseOhio | 78121 |
| Network, shall be allocated by the Board of Regents to continue | 78122 |
| increasing the capabilities of the EnterpriseOhio Network to meet | 78123 |
| the ongoing training needs of Ohio employers. Funds shall support | 78124 |
| multicampus collaboration, best practice dissemination, and | 78125 |
| capacity building projects. The Regents Advisory Committee for | 78126 |
| Workforce Development, in its advisory role, shall advise in the | 78127 |
| development of plans and activities. | 78128 |
| Of the foregoing appropriation item 235-455, EnterpriseOhio | 78129 |
| Network, $165,300 in each fiscal year shall be used by the Dayton | 78130 |
| Business/Sinclair College Jobs Profiling Program. | 78131 |
| Section 209.63.54. AREA HEALTH EDUCATION CENTERS | 78132 |
| The foregoing appropriation item 235-474, Area Health | 78133 |
| Education Centers Program Support, shall be used by the Board of | 78134 |
| Regents to support the medical school regional area health | 78135 |
| education centers' educational programs for the continued support | 78136 |
| of medical and other health professions education and for support | 78137 |
| of the Area Health Education Center Program. | 78138 |
| Of the foregoing appropriation item 235-474, Area Health | 78139 |
| Education Centers Program Support, $159,158 in each fiscal year | 78140 |
| shall be disbursed to the Ohio University College of Osteopathic | 78141 |
| Medicine to operate a mobile health care unit to serve the | 78142 |
| southeastern area of the state. | 78143 |
| Of the foregoing appropriation item 235-474, Area Health | 78144 |
| Education Centers Program Support, $119,369 in each fiscal year | 78145 |
| shall be used to support the Ohio Valley Community Health | 78146 |
| Information Network (OVCHIN) project. | 78147 |
| Section 209.63.57. STATE SHARE OF INSTRUCTION | 78148 |
| As soon as practicable during each fiscal year of the | 78149 |
| biennium ending June 30, 2007, in accordance with instructions of | 78150 |
| the Board of Regents, each state-assisted institution of higher | 78151 |
| education shall report its actual enrollment to the Board of | 78152 |
| Regents. | 78153 |
| The Board of Regents shall establish procedures required by | 78154 |
| the system of formulas set out below and for the assignment of | 78155 |
| individual institutions to categories described in the formulas. | 78156 |
| The system of formulas establishes the manner in which aggregate | 78157 |
| expenditure requirements shall be determined for each of the three | 78158 |
| components of institutional operations. In addition to other | 78159 |
| adjustments and calculations described below, the subsidy | 78160 |
| entitlement of an institution shall be determined by subtracting | 78161 |
| from the institution's aggregate expenditure requirements income | 78162 |
| to be derived from the local contributions assumed in calculating | 78163 |
| the subsidy entitlements. The local contributions for purposes of | 78164 |
| determining subsidy support shall not limit the authority of the | 78165 |
| individual boards of trustees to establish fee levels. | 78166 |
| The General Studies and Technical models shall be adjusted by | 78167 |
| the Board of Regents so that the share of state subsidy earned by | 78168 |
| those models is not altered by changes in the overall local share. | 78169 |
| A lower-division fee differential shall be used to maintain the | 78170 |
| relationship that would have occurred between these models and the | 78171 |
| baccalaureate models had an assumed share of 37 per cent been | 78172 |
| funded. | 78173 |
| In defining the number of full-time equivalent (FTE) students | 78174 |
| for state subsidy purposes, the Board of Regents shall exclude all | 78175 |
| undergraduate students who are not residents of Ohio, except those | 78176 |
| charged in-state fees in accordance with reciprocity agreements | 78177 |
| made under section 3333.17 of the Revised Code or employer | 78178 |
| contracts entered into under section 3333.32 of the Revised Code. | 78179 |
| (A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 78180 |
| (1) INSTRUCTION AND SUPPORT SERVICES | 78181 |
| MODEL | FY 2006 | 78182 | |
| General Studies I | $ 4,655 | 78183 | |
| General Studies II | $ 5,135 | 78184 | |
| General Studies III | $ 6,365 | 78185 | |
| Technical I | $ 5,926 | 78186 | |
| Technical III | $ 9,107 | 78187 | |
| Baccalaureate I | $ 7,160 | 78188 | |
| Baccalaureate II | $ 8,235 | 78189 | |
| Baccalaureate III | $ 11,841 | 78190 | |
| Masters and Professional I | $ 19,088 | 78191 | |
| Masters and Professional II | $ 20,984 | 78192 | |
| Masters and Professional III | $ 27,234 | 78193 | |
| Medical I | $ 29,143 | 78194 | |
| Medical II | $ 37,172 | 78195 | |
| MPD I | $ 13,645 | 78196 |
| (2) STUDENT SERVICES | 78197 |
| For this purpose, FTE counts shall be weighted to reflect | 78198 |
| differences among institutions in the numbers of students enrolled | 78199 |
| on a part-time basis. The student services subsidy per FTE shall | 78200 |
| be $890 in fiscal year 2006 for all models. | 78201 |
| (B) PLANT OPERATION AND MAINTENANCE (POM) | 78202 |
| (1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 78203 |
| Space undergoing renovation shall be funded at the rate | 78204 |
| allowed for storage space. | 78205 |
| In the calculation of square footage for each campus, square | 78206 |
| footage shall be weighted to reflect differences in space | 78207 |
| utilization. | 78208 |
| The space inventories for each campus shall be those | 78209 |
| determined in the fiscal year 2003 state share of instruction | 78210 |
| calculation, adjusted for changes attributable to the construction | 78211 |
| or renovation of facilities for which state appropriations were | 78212 |
| made or local commitments were made prior to January 1, 1995. | 78213 |
| Only 50 per cent of the space permanently taken out of | 78214 |
| operation in fiscal year 2006 that is not otherwise replaced by a | 78215 |
| campus shall be deleted from the plant operation and maintenance | 78216 |
| space inventory. | 78217 |
| The square-foot-based plant operation and maintenance subsidy | 78218 |
| for each campus shall be determined as follows: | 78219 |
| (a) For each standard room type category shown below, the | 78220 |
| subsidy-eligible net assignable square feet (NASF) for each campus | 78221 |
| shall be multiplied by the following rates, and the amounts summed | 78222 |
| for each campus to determine the total gross square-foot-based POM | 78223 |
| expenditure requirement: | 78224 |
| FY 2006 | 78225 | ||
| Classrooms | $5.86 | 78226 | |
| Laboratories | $7.31 | 78227 | |
| Offices | $5.86 | 78228 | |
| Audio Visual Data Processing | $7.31 | 78229 | |
| Storage | $2.59 | 78230 | |
| Circulation | $7.39 | 78231 | |
| Other | $5.86 | 78232 |
| (b) The total gross square-foot POM expenditure requirement | 78233 |
| shall be allocated to models in proportion to each campus's | 78234 |
| activity-based POM weight multiplied by the two- or five-year | 78235 |
| average subsidy-eligible FTEs for all models. | 78236 |
| (c) The amounts allocated to models in division (B)(1)(b) of | 78237 |
| this section shall be multiplied by the ratio of subsidy-eligible | 78238 |
| FTE students to total FTE students reported in each model, and the | 78239 |
| amounts summed for all models. To this total amount shall be added | 78240 |
| an amount to support roads and grounds expenditures, which shall | 78241 |
| also be multiplied by the ratio of subsidy-eligible FTE students | 78242 |
| to total FTEs reported for each model. From this total amount, the | 78243 |
| amounts for Doctoral I and Doctoral II shall be subtracted to | 78244 |
| produce the square-foot-based POM subsidy. | 78245 |
| (2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 78246 |
| (a) The number of subsidy-eligible FTE students in each model | 78247 |
| shall be multiplied by the following rates for each campus for | 78248 |
| fiscal year 2006. | 78249 |
| FY 2006 | 78250 | ||
| General Studies I | $ 512 | 78251 | |
| General Studies II | $ 662 | 78252 | |
| General Studies III | $1,464 | 78253 | |
| Technical I | $ 752 | 78254 | |
| Technical III | $1,343 | 78255 | |
| Baccalaureate I | $ 639 | 78256 | |
| Baccalaureate II | $1,149 | 78257 | |
| Baccalaureate III | $1,262 | 78258 | |
| Masters and Professional I | $1,258 | 78259 | |
| Masters and Professional II | $2,446 | 78260 | |
| Masters and Professional III | $3,276 | 78261 | |
| Medical I | $1,967 | 78262 | |
| Medical II | $3,908 | 78263 | |
| MPD I | $1,081 | 78264 |
| (b) The sum of the products for each campus determined in | 78265 |
| division (B)(2)(a) of this section for all models except Doctoral | 78266 |
| I and Doctoral II for fiscal year 2006 shall be weighted by a | 78267 |
| factor to reflect sponsored research activity and job | 78268 |
| training-related public services expenditures to determine the | 78269 |
| total activity-based POM subsidy. | 78270 |
| (C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 78271 |
| (1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 78272 |
| The calculation of the core subsidy entitlement shall consist | 78273 |
| of the following components: | 78274 |
| (a) For each campus in fiscal year 2006, the core subsidy | 78275 |
| entitlement shall be determined by multiplying the amounts listed | 78276 |
| above in divisions (A)(1) and (2) and (B)(2) of this section less | 78277 |
| assumed local contributions, by (i) average subsidy-eligible FTEs | 78278 |
| for the two-year period ending in the prior year for all models | 78279 |
| except Doctoral I and Doctoral II; and (ii) average | 78280 |
| subsidy-eligible FTEs for the five-year period ending in the prior | 78281 |
| year for all models except Doctoral I and Doctoral II. | 78282 |
| (b) In calculating the core subsidy entitlements for Medical | 78283 |
| II models only, the Board of Regents shall use the following count | 78284 |
| of FTE students: | 78285 |
| (i) For those medical schools whose current year enrollment, | 78286 |
| including students repeating terms, is below the base enrollment, | 78287 |
| the Medical II FTE enrollment shall equal: 65 per cent of the base | 78288 |
| enrollment plus 35 per cent of the current year enrollment | 78289 |
| including students repeating terms, where the base enrollment is: | 78290 |
| The Ohio State University | 1010 | 78291 | |||
| University of Cincinnati | 833 | 78292 | |||
| Medical University of Ohio at Toledo | 650 | 78293 | |||
| Wright State University | 433 | 78294 | |||
| Ohio University | 433 | 78295 | |||
| Northeastern Ohio Universities College of Medicine | 433 | 78296 |
| (ii) For those medical schools whose current year enrollment, | 78297 |
| excluding students repeating terms, is equal to or greater than | 78298 |
| the base enrollment, the Medical II FTE enrollment shall equal the | 78299 |
| base enrollment plus the FTE for repeating students. | 78300 |
| (iii) Students repeating terms may be no more than five per | 78301 |
| cent of current year enrollment. | 78302 |
| (c) The Board of Regents shall compute the sum of the two | 78303 |
| calculations listed in division (C)(1)(a) of this section and use | 78304 |
| the greater sum as the core subsidy entitlement. | 78305 |
| The POM subsidy for each campus shall equal the greater of | 78306 |
| the square-foot-based subsidy or the activity-based POM subsidy | 78307 |
| component of the core subsidy entitlement. | 78308 |
| (d) The state share of instruction provided for doctoral | 78309 |
| students shall be based on a fixed percentage of the total | 78310 |
| appropriation. In fiscal year 2006 not more than 10.34 per cent of | 78311 |
| the total state share of instruction shall be reserved to | 78312 |
| implement the recommendations of the Graduate Funding Commission. | 78313 |
| It is the intent of the General Assembly that the doctoral reserve | 78314 |
| not exceed 10.34 per cent of the total state share of instruction | 78315 |
| to implement the recommendations of the Graduate Funding | 78316 |
| Commission. The Board of Regents may reallocate up to two per cent | 78317 |
| in fiscal year 2006 of the reserve among the state-assisted | 78318 |
| universities on the basis of a quality review as specified in the | 78319 |
| recommendations of the Graduate Funding Commission. No such | 78320 |
| reallocation shall occur unless the Board of Regents, in | 78321 |
| consultation with representatives of state-assisted universities, | 78322 |
| determines that sufficient funds are available for this purpose. | 78323 |
| The amount so reserved shall be allocated to universities in | 78324 |
| proportion to their share of the total number of Doctoral I | 78325 |
| equivalent FTEs as calculated on an institutional basis using the | 78326 |
| greater of the two-year or five-year FTEs for the period fiscal | 78327 |
| year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 78328 |
| years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 78329 |
| adjusted to reflect the effects of doctoral review and subsequent | 78330 |
| changes in Doctoral I equivalent enrollments. For the purposes of | 78331 |
| this calculation, Doctoral I equivalent FTEs shall equal the sum | 78332 |
| of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 78333 |
| If a university participates in the Innovation Incentive | 78334 |
| Program outlined in appropriation item 235-433, Economic Growth | 78335 |
| Challenge, then the Board of Regents shall withhold 1.5 per cent | 78336 |
| in fiscal year 2006 of the participating university's allocation | 78337 |
| of the doctoral reserve. This withholding is intended to increase | 78338 |
| incrementally with a goal of setting aside 15 per cent of the | 78339 |
| total doctoral reserve by fiscal year 2016. | 78340 |
| The Board of Regents shall use the combined amount of each | 78341 |
| participating university's set aside of the doctoral reserve that | 78342 |
| has been withheld and the state matching funds earmarked under | 78343 |
| appropriation item 235-433, Economic Growth Challenge, to make | 78344 |
| awards through a competitive process under the Innovation | 78345 |
| Incentive Program. Only universities electing to set aside the | 78346 |
| prescribed amount of their allocation of the doctoral reserve are | 78347 |
| eligible to compete for and receive Innovation Incentive awards. | 78348 |
| The participating universities shall use these awards to | 78349 |
| restructure their array of doctoral programs. | 78350 |
| (2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS | 78351 |
| In addition to and after the other adjustment noted above, in | 78352 |
| fiscal year 2006, no campus shall receive a state share of | 78353 |
| instruction allocation that is less than 97 per cent of the prior | 78354 |
| year's state share of instruction amount. | 78355 |
| (3) REDUCTIONS IN EARNINGS | 78356 |
| If the total state share of instruction earnings in fiscal | 78357 |
| year 2006 exceeds the total appropriations available for such | 78358 |
| purposes, the Board of Regents shall proportionately reduce the | 78359 |
| state share of instruction earnings for all campuses by a uniform | 78360 |
| percentage so that the system wide sum equals available | 78361 |
| appropriations. | 78362 |
| (4) CAPITAL COMPONENT DEDUCTION | 78363 |
| After all other adjustments have been made, state share of | 78364 |
| instruction earnings shall be reduced for each campus by the | 78365 |
| amount, if any, by which debt service charged in Am. H.B. No. 748 | 78366 |
| of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd | 78367 |
| General Assembly, Am. Sub. H.B. No. 640 of the 123rd General | 78368 |
| Assembly, and H.B. No. 675 of the 124th General Assembly, and Am. | 78369 |
| Sub. H.B. 16 of the 126th General Assembly for that campus exceeds | 78370 |
| that campus's capital component earnings. The sum of the amounts | 78371 |
| deducted shall be transferred to appropriation item 235-552, | 78372 |
| Capital Component, in fiscal year 2006. | 78373 |
| (D) EXCEPTIONAL CIRCUMSTANCES | 78374 |
| Adjustments may be made to the state share of instruction | 78375 |
| payments and other subsidies distributed by the Board of Regents | 78376 |
| to state-assisted colleges and universities for exceptional | 78377 |
| circumstances. No adjustments for exceptional circumstances may be | 78378 |
| made without the recommendation of the Chancellor and the approval | 78379 |
| of the Controlling Board. | 78380 |
| (E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 78381 |
| INSTRUCTION | 78382 |
| The standard provisions of the state share of instruction | 78383 |
| calculation as described in the preceding sections of temporary | 78384 |
| law shall apply to any reductions made to appropriation item | 78385 |
| 235-501, State Share of Instruction, before the Board of Regents | 78386 |
| has formally approved the final allocation of the state share of | 78387 |
| instruction funds for fiscal year 2006. | 78388 |
| Any reductions made to appropriation item 235-501, State | 78389 |
| Share of Instruction, after the Board of Regents has formally | 78390 |
| approved the final allocation of the state share of instruction | 78391 |
| funds for fiscal year 2006, shall be uniformly applied to each | 78392 |
| campus in proportion to its share of the final allocation. | 78393 |
| (F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 78394 |
| The state share of instruction payments to the institutions | 78395 |
| shall be in substantially equal monthly amounts during the fiscal | 78396 |
| year, unless otherwise determined by the Director of Budget and | 78397 |
| Management pursuant to section 126.09 of the Revised Code. | 78398 |
| Payments during the first six months of the fiscal year shall be | 78399 |
| based upon the state share of instruction appropriation estimates | 78400 |
| made for the various institutions of higher education according to | 78401 |
| Board of Regents enrollment estimates. Payments during the last | 78402 |
| six months of the fiscal year shall be distributed after approval | 78403 |
| of the Controlling Board upon the request of the Board of Regents. | 78404 |
| (G) LAW SCHOOL SUBSIDY | 78405 |
| The state share of instruction to state-supported | 78406 |
| universities for students enrolled in law schools in fiscal year | 78407 |
| 2006 shall be calculated by using the number of subsidy-eligible | 78408 |
| FTE law school students funded by state subsidy in fiscal year | 78409 |
| 1995 or the actual number of subsidy-eligible FTE law school | 78410 |
| students at the institution in the fiscal year, whichever is less. | 78411 |
| By January 15, 2006, the General Assembly shall develop a | 78412 |
| plan to provide a new, improved state share of instruction formula | 78413 |
| and additional itemized appropriations for the Board of Regents | 78414 |
| for fiscal year 2007. In anticipation of a new, improved state | 78415 |
| share of instruction formula, which shall include a review of the | 78416 |
| allocation of courses to the Medical I and Medical II models, and | 78417 |
| higher education reform plan to be enacted before fiscal year | 78418 |
| 2007, the foregoing appropriation item 235-501, State Share of | 78419 |
| Instruction, is hereby appropriated. | 78420 |
| Section 209.63.60. HIGHER EDUCATION - BOARD OF TRUSTEES | 78421 |
| Funds appropriated for instructional subsidies at colleges | 78422 |
| and universities may be used to provide such branch or other | 78423 |
| off-campus undergraduate courses of study and such master's degree | 78424 |
| courses of study as may be approved by the Board of Regents. | 78425 |
| In providing instructional and other services to students, | 78426 |
| boards of trustees of state-assisted institutions of higher | 78427 |
| education shall supplement state subsidies by income from charges | 78428 |
| to students. Each board shall establish the fees to be charged to | 78429 |
| all students, including an instructional fee for educational and | 78430 |
| associated operational support of the institution and a general | 78431 |
| fee for noninstructional services, including locally financed | 78432 |
| student services facilities used for the benefit of enrolled | 78433 |
| students. The instructional fee and the general fee shall | 78434 |
| encompass all charges for services assessed uniformly to all | 78435 |
| enrolled students. Each board may also establish special purpose | 78436 |
| fees, service charges, and fines as required; such special purpose | 78437 |
| fees and service charges shall be for services or benefits | 78438 |
| furnished individual students or specific categories of students | 78439 |
| and shall not be applied uniformly to all enrolled students. | 78440 |
| Except for the board of trustees of Miami University, in | 78441 |
| implementing the pilot tuition restructuring plan recognized in | 78442 |
| Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly | 78443 |
| and again recognized by this act, a tuition surcharge shall be | 78444 |
| paid by all students who are not residents of Ohio. | 78445 |
| The boards of trustees of individual state-assisted | 78446 |
| universities, university branch campuses, community colleges, | 78447 |
| state community colleges, and technical colleges shall limit | 78448 |
| in-state undergraduate instructional and general fee increases for | 78449 |
| the 2005-2006 academic year over the amounts charged on January 1, | 78450 |
| 2005, to no more than six per cent and for the 2006-2007 academic | 78451 |
| year to no more than six per cent over the amounts charged for the | 78452 |
| prior academic year. The boards of trustees of individual | 78453 |
| state-assisted universities, university branch campuses, community | 78454 |
| colleges, state community colleges, and technical colleges shall | 78455 |
| not authorize combined instructional and general fee increases of | 78456 |
| more than six per cent in a single vote. These limitations shall | 78457 |
| not apply to increases required to comply with institutional | 78458 |
| covenants related to their obligations or to meet unfunded legal | 78459 |
| mandates or legally binding obligations incurred or commitments | 78460 |
| made prior to the effective date of this section with respect to | 78461 |
| which the institution had identified such fee increases as the | 78462 |
| source of funds. Any increase required by such covenants and any | 78463 |
| such mandates, obligations, or commitments shall be reported by | 78464 |
| the Board of Regents to the Controlling Board. These limitations | 78465 |
| may also be modified by the Board of Regents, with the approval of | 78466 |
| the Controlling Board, to respond to exceptional circumstances as | 78467 |
| identified by the Board of Regents. | 78468 |
| The board of trustees of a state-assisted institution of | 78469 |
| higher education shall not authorize a waiver or nonpayment of | 78470 |
| instructional fees or general fees for any particular student or | 78471 |
| any class of students other than waivers specifically authorized | 78472 |
| by law or approved by the Chancellor. This prohibition is not | 78473 |
| intended to limit the authority of boards of trustees to provide | 78474 |
| for payments to students for services rendered the institution, | 78475 |
| nor to prohibit the budgeting of income for staff benefits or for | 78476 |
| student assistance in the form of payment of such instructional | 78477 |
| and general fees. This prohibition is not intended to limit the | 78478 |
| authority of the board of trustees of Miami University in | 78479 |
| providing financial assistance to students in implementing the | 78480 |
| pilot tuition restructuring plan recognized in Section 89.05 of | 78481 |
| Am. Sub. H.B. 95 of the 125th General Assembly and again | 78482 |
| recognized by this act. | 78483 |
| Except for Miami University, in implementing the pilot | 78484 |
| tuition restructuring plan recognized in Section 89.05 of Am. Sub. | 78485 |
| H.B. 95 of the 125th General Assembly and again recognized by this | 78486 |
| act, each state-assisted institution of higher education in its | 78487 |
| statement of charges to students shall separately identify the | 78488 |
| instructional fee, the general fee, the tuition charge, and the | 78489 |
| tuition surcharge. Fee charges to students for instruction shall | 78490 |
| not be considered to be a price of service but shall be considered | 78491 |
| to be an integral part of the state government financing program | 78492 |
| in support of higher educational opportunity for students. | 78493 |
| In providing the appropriations in support of instructional | 78494 |
| services at state-assisted institutions of higher education and | 78495 |
| the appropriations for other instruction it is the intent of the | 78496 |
| General Assembly that faculty members shall devote a proper and | 78497 |
| judicious part of their work week to the actual instruction of | 78498 |
| students. Total class credit hours of production per quarter per | 78499 |
| full-time faculty member is expected to meet the standards set | 78500 |
| forth in the budget data submitted by the Board of Regents. | 78501 |
| The authority of government vested by law in the boards of | 78502 |
| trustees of state-assisted institutions of higher education shall | 78503 |
| in fact be exercised by those boards. Boards of trustees may | 78504 |
| consult extensively with appropriate student and faculty groups. | 78505 |
| Administrative decisions about the utilization of available | 78506 |
| resources, about organizational structure, about disciplinary | 78507 |
| procedure, about the operation and staffing of all auxiliary | 78508 |
| facilities, and about administrative personnel shall be the | 78509 |
| exclusive prerogative of boards of trustees. Any delegation of | 78510 |
| authority by a board of trustees in other areas of responsibility | 78511 |
| shall be accompanied by appropriate standards of guidance | 78512 |
| concerning expected objectives in the exercise of such delegated | 78513 |
| authority and shall be accompanied by periodic review of the | 78514 |
| exercise of this delegated authority to the end that the public | 78515 |
| interest, in contrast to any institutional or special interest, | 78516 |
| shall be served. | 78517 |
| Section 209.63.63. STUDENT SUPPORT SERVICES | 78518 |
| The foregoing appropriation item 235-502, Student Support | 78519 |
| Services, shall be distributed by the Board of Regents to Ohio's | 78520 |
| state-assisted colleges and universities that incur | 78521 |
| disproportionate costs in the provision of support services to | 78522 |
| disabled students. | 78523 |
| Section 209.63.66. OHIO INSTRUCTIONAL GRANTS | 78524 |
| In fiscal year 2006, instructional grants for all eligible | 78525 |
| full-time students shall be made using the tables under section | 78526 |
| 3333.12 of the Revised Code. In fiscal year 2007, instructional | 78527 |
| grants for all eligible full-time students who have attended a | 78528 |
| college, university, or proprietary school and have completed | 78529 |
| coursework for college credit, excluding early college high school | 78530 |
| and post secondary enrollment option students, prior to academic | 78531 |
| year 2006-2007, shall be made using the tables under section | 78532 |
| 3333.12 of the Revised Code. | 78533 |
| Of the foregoing appropriation item 235-503, Ohio | 78534 |
| Instructional Grants, an amount in each fiscal year shall be used | 78535 |
| to make the payments authorized by division (C) of section 3333.26 | 78536 |
| of the Revised Code to the institutions described in that | 78537 |
| division. In addition, an amount in each fiscal year shall be used | 78538 |
| to reimburse the institutions described in division (B) of section | 78539 |
| 3333.26 of the Revised Code for the cost of the waivers required | 78540 |
| by that division. | 78541 |
| The unencumbered balance of appropriation item 235-503, Ohio | 78542 |
| Instructional Grants, at the end of fiscal year 2006 shall be | 78543 |
| transferred to fiscal year 2007 for use under the same | 78544 |
| appropriation item. The amounts transferred are hereby | 78545 |
| appropriated. | 78546 |
| Section 209.63.69. WAR ORPHANS SCHOLARSHIPS | 78547 |
| The foregoing appropriation item 235-504, War Orphans | 78548 |
| Scholarships, shall be used to reimburse state-assisted | 78549 |
| institutions of higher education for waivers of instructional fees | 78550 |
| and general fees provided by them, to provide grants to | 78551 |
| institutions that have received a certificate of authorization | 78552 |
| from the Ohio Board of Regents under Chapter 1713. of the Revised | 78553 |
| Code, in accordance with the provisions of section 5910.04 of the | 78554 |
| Revised Code, and to fund additional scholarship benefits provided | 78555 |
| by section 5910.032 of the Revised Code. | 78556 |
| Section 209.63.72. OHIOLINK | 78557 |
| The foregoing appropriation item 235-507, OhioLINK, shall be | 78558 |
| used by the Board of Regents to support OhioLINK, the state's | 78559 |
| electronic library information and retrieval system, which | 78560 |
| provides access statewide to the library holdings of all of Ohio's | 78561 |
| public colleges and universities, 40 private colleges, and the | 78562 |
| State Library of Ohio. | 78563 |
| Section 209.63.75. AIR FORCE INSTITUTE OF TECHNOLOGY | 78564 |
| The foregoing appropriation item 235-508, Air Force Institute | 78565 |
| of Technology, shall be used to strengthen the research and | 78566 |
| educational linkages between the Wright Patterson Air Force Base | 78567 |
| and institutions of higher education in Ohio. Of the foregoing | 78568 |
| appropriation item 235-508, Air Force Institute of Technology, | 78569 |
| $1,233,588 in each fiscal year shall be used for research projects | 78570 |
| that connect the Air Force Research Laboratories with university | 78571 |
| partners. The institute shall provide annual reports to the Third | 78572 |
| Frontier Commission, that discuss existing, planned, or possible | 78573 |
| collaborations between programs and funding recipients related to | 78574 |
| technology, research development, commercialization, and support | 78575 |
| for Ohio's economic development. | 78576 |
| Of the foregoing appropriation item 235-508, Air Force | 78577 |
| Institute of Technology, $691,757 in each fiscal year shall be | 78578 |
| used to match federal dollars to support technology | 78579 |
| commercialization and job creation. The Development Research | 78580 |
| Corporation shall use the funds to create or expand Ohio-based | 78581 |
| technology and commercial development collaborations in areas that | 78582 |
| are a priority in Ohio's third frontier initiative between | 78583 |
| industry, academia, and government. | 78584 |
| Section 209.63.78. OHIO SUPERCOMPUTER CENTER | 78585 |
| The foregoing appropriation item 235-510, Ohio Supercomputer | 78586 |
| Center, shall be used by the Board of Regents to support the | 78587 |
| operation of the center, located at The Ohio State University, as | 78588 |
| a statewide resource available to Ohio research universities both | 78589 |
| public and private. It is also intended that the center be made | 78590 |
| accessible to private industry as appropriate. Policies of the | 78591 |
| center shall be established by a governance committee, | 78592 |
| representative of Ohio's research universities and private | 78593 |
| industry, to be appointed by the Chancellor of the Board of | 78594 |
| Regents and established for this purpose. | 78595 |
| The Ohio Supercomputer Center shall report on expanding | 78596 |
| solutions-oriented, computational science services to industrial | 78597 |
| and other customers, including alignment programs and recipients, | 78598 |
| and develop a plan for a computational science initiative in | 78599 |
| collaboration with the Wright Centers of Innovation Program. | 78600 |
| Section 209.63.81. COOPERATIVE EXTENSION SERVICE | 78601 |
| The foregoing appropriation item 235-511, Cooperative | 78602 |
| Extension Service, shall be disbursed through the Board of Regents | 78603 |
| to The Ohio State University in monthly payments, unless otherwise | 78604 |
| determined by the Director of Budget and Management under section | 78605 |
| 126.09 of the Revised Code. | 78606 |
| Of the foregoing appropriation item 235-511, Cooperative | 78607 |
| Extension Service, $178,271 in each fiscal year shall be used for | 78608 |
| additional staffing for county agents for expanded 4-H activities. | 78609 |
| Of the foregoing appropriation item 235-511, Cooperative Extension | 78610 |
| Service, $178,271 in each fiscal year shall be used by the | 78611 |
| Cooperative Extension Service, through the Enterprise Center for | 78612 |
| Economic Development in cooperation with other agencies, for a | 78613 |
| public-private effort to create and operate a small business | 78614 |
| economic development program to enhance the development of | 78615 |
| alternatives to the growing of tobacco, and implement, through | 78616 |
| applied research and demonstration, the production and marketing | 78617 |
| of other high-value crops and value-added products. Of the | 78618 |
| foregoing appropriation item 235-511, Cooperative Extension | 78619 |
| Service, $55,179 in each fiscal year shall be used for farm labor | 78620 |
| mediation and education programs, $182,515 in each fiscal year | 78621 |
| shall be used to support the Ohio State University Marion | 78622 |
| Enterprise Center, and $772,931 in each fiscal year shall be used | 78623 |
| to support the Ohio Watersheds Initiative. | 78624 |
| Section 209.63.84. OHIO UNIVERSITY VOINOVICH CENTER | 78625 |
| The foregoing appropriation item 235-513, Ohio University | 78626 |
| Voinovich Center, shall be used by the Board of Regents to support | 78627 |
| the operations of Ohio University's Voinovich Center. | 78628 |
| Section 209.63.87. CENTRAL STATE SUPPLEMENT | 78629 |
| The foregoing appropriation item 235-514, Central State | 78630 |
| Supplement, shall be used by Central State University to keep | 78631 |
| undergraduate fees below the statewide average, consistent with | 78632 |
| its mission of service to many first-generation college students | 78633 |
| from groups historically underrepresented in higher education and | 78634 |
| from families with limited incomes. | 78635 |
| Section 209.63.93. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 78636 |
| MEDICINE | 78637 |
| The foregoing appropriation item 235-515, Case Western | 78638 |
| Reserve University School of Medicine, shall be disbursed to Case | 78639 |
| Western Reserve University through the Board of Regents in | 78640 |
| accordance with agreements entered into under section 3333.10 of | 78641 |
| the Revised Code, provided that the state support per full-time | 78642 |
| medical student shall not exceed that provided to full-time | 78643 |
| medical students at state universities. | 78644 |
| Section 209.63.96. SHAWNEE STATE SUPPLEMENT | 78645 |
| The foregoing appropriation item 235-520, Shawnee State | 78646 |
| Supplement, shall be used by Shawnee State University as detailed | 78647 |
| by both of the following: | 78648 |
| (A) To allow Shawnee State University to keep its | 78649 |
| undergraduate fees below the statewide average, consistent with | 78650 |
| its mission of service to an economically depressed Appalachian | 78651 |
| region; | 78652 |
| (B) To allow Shawnee State University to employ new faculty | 78653 |
| to develop and teach in new degree programs that meet the needs of | 78654 |
| Appalachians. | 78655 |
| Section 209.63.99. OSU GLENN INSTITUTE | 78656 |
| The foregoing appropriation item 235-521, The Ohio State | 78657 |
| University Glenn Institute, shall be used by the Board of Regents | 78658 |
| to support the operations of the Ohio State University's Glenn | 78659 |
| Institute. | 78660 |
| Section 209.64.03. POLICE AND FIRE PROTECTION | 78661 |
| The foregoing appropriation item 235-524, Police and Fire | 78662 |
| Protection, shall be used for police and fire services in the | 78663 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 78664 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 78665 |
| and the City of Nelsonville that may be used to assist these local | 78666 |
| governments in providing police and fire protection for the | 78667 |
| central campus of the state-affiliated university located therein. | 78668 |
| Each participating municipality and township shall receive at | 78669 |
| least $5,000 in each fiscal year. Funds shall be distributed | 78670 |
| according to the method employed by the Board of Regents in the | 78671 |
| previous biennium. | 78672 |
| Section 209.64.06. GERIATRIC MEDICINE | 78673 |
| The Board of Regents shall develop plans consistent with | 78674 |
| existing criteria and guidelines as may be required for the | 78675 |
| distribution of appropriation item 235-525, Geriatric Medicine. | 78676 |
| Section 209.64.09. OHIO AEROSPACE INSTITUTE | 78677 |
| The foregoing appropriation item 235-527, Ohio Aerospace | 78678 |
| Institute, shall be distributed by the Board of Regents under | 78679 |
| section 3333.042 of the Revised Code. | 78680 |
| The Board of Regents, in consultation with the Third Frontier | 78681 |
| Commission, shall develop a plan for providing for appropriate, | 78682 |
| value-added participation of the Ohio Aerospace Institute in Third | 78683 |
| Frontier Project proposals and grants. | 78684 |
| Section 209.64.12. ACADEMIC SCHOLARSHIPS | 78685 |
| The foregoing appropriation item 235-530, Academic | 78686 |
| Scholarships, shall be used to provide academic scholarships to | 78687 |
| students under section 3333.22 of the Revised Code. | 78688 |
| Section 209.64.15. STUDENT CHOICE GRANTS | 78689 |
| The foregoing appropriation item 235-531, Student Choice | 78690 |
| Grants, shall be used to support the Student Choice Grant Program | 78691 |
| created by section 3333.27 of the Revised Code. The unencumbered | 78692 |
| balance of appropriation item 235-531, Student Choice Grants, at | 78693 |
| the end of fiscal year 2006 shall be transferred to fiscal year | 78694 |
| 2007 for use under the same appropriation item to maintain grant | 78695 |
| award amounts in fiscal year 2007 equal to the awards provided in | 78696 |
| fiscal year 2006. The amounts transferred are hereby appropriated. | 78697 |
| Section 209.64.18. STUDENT WORKFORCE DEVELOPMENT GRANTS | 78698 |
| The foregoing appropriation item 235-534, Student Workforce | 78699 |
| Development Grants, shall be used to support the Student Workforce | 78700 |
| Development Grant Program. The Board of Regents shall distribute | 78701 |
| grants to each eligible student in an academic year. The size of | 78702 |
| each grant award shall be determined by the Board of Regents based | 78703 |
| on the amount of funds available for the program. | 78704 |
| Section 209.64.21. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 78705 |
| CENTER | 78706 |
| The foregoing appropriation item 235-535, Ohio Agricultural | 78707 |
| Research and Development Center, shall be disbursed through the | 78708 |
| Board of Regents to The Ohio State University in monthly payments, | 78709 |
| unless otherwise determined by the Director of Budget and | 78710 |
| Management under section 126.09 of the Revised Code. The Ohio | 78711 |
| Agricultural Research and Development Center shall not be required | 78712 |
| to remit payment to The Ohio State University during the biennium | 78713 |
| ending June 30, 2007, for cost reallocation assessments. The cost | 78714 |
| reallocation assessments include, but are not limited to, any | 78715 |
| assessment on state appropriations to the Center. | 78716 |
| The Ohio Agricultural Research and Development Center, an | 78717 |
| entity of the College of Food, Agricultural, and Environmental | 78718 |
| Sciences of The Ohio State University, shall further its mission | 78719 |
| of enhancing Ohio's economic development and job creation by | 78720 |
| continuing to internally allocate on a competitive basis | 78721 |
| appropriated funding of programs based on demonstrated | 78722 |
| performance. Academic units, faculty, and faculty-driven programs | 78723 |
| shall be evaluated and rewarded consistent with agreed-upon | 78724 |
| performance expectations as called for in the College's | 78725 |
| Expectations and Criteria for Performance Assessment. | 78726 |
| Of the foregoing appropriation item 235-535, Ohio | 78727 |
| Agricultural Research and Development Center, $458,410 in each | 78728 |
| fiscal year shall be used to purchase equipment. | 78729 |
| Of the foregoing appropriation item 235-535, Ohio | 78730 |
| Agricultural Research and Development Center, $806,463 in each | 78731 |
| fiscal year shall be distributed to the Piketon Agricultural | 78732 |
| Research and Extension Center. | 78733 |
| Of the foregoing appropriation item 235-535, Ohio | 78734 |
| Agricultural Research and Development Center, $212,227 in each | 78735 |
| fiscal year shall be distributed to the | 78736 |
| Raspberry/Strawberry-Ellagic Acid Research program at The Ohio | 78737 |
| State University Medical College in cooperation with The Ohio | 78738 |
| State University College of Agriculture. | 78739 |
| Of the foregoing appropriation item 235-535, Ohio | 78740 |
| Agricultural Research and Development Center, $42,445 in each | 78741 |
| fiscal year shall be used to support the Ohio Berry Administrator. | 78742 |
| Of the foregoing appropriation item 235-535, Ohio | 78743 |
| Agricultural Research and Development Center, $84,890 in each | 78744 |
| fiscal year shall be used for the development of agricultural | 78745 |
| crops and products not currently in widespread production in Ohio, | 78746 |
| in order to increase the income and viability of family farmers. | 78747 |
| Section 209.64.24. PART-TIME STUDENT INSTRUCTIONAL GRANTS | 78748 |
| The foregoing appropriation item 235-549, Part-time Student | 78749 |
| Instructional Grants, shall be used to support a grant program for | 78750 |
| part-time undergraduate students who are Ohio residents and who | 78751 |
| were enrolled in degree granting programs prior to academic year | 78752 |
| 2006-2007. | 78753 |
| Eligibility for participation in the program shall include | 78754 |
| degree granting educational institutions that hold a certificate | 78755 |
| of registration from the State Board of Career Colleges and | 78756 |
| Schools, and nonprofit institutions that have a certificate of | 78757 |
| authorization issued under Chapter 1713. of the Revised Code, as | 78758 |
| well as state-assisted colleges and universities. Grants shall be | 78759 |
| given to students on the basis of need, as determined by the | 78760 |
| college, which, in making these determinations, shall give special | 78761 |
| consideration to single-parent heads-of-household and displaced | 78762 |
| homemakers who enroll in an educational degree program that | 78763 |
| prepares the individual for a career. In determining need, the | 78764 |
| college also shall consider the availability of educational | 78765 |
| assistance from a student's employer. It is the intent of the | 78766 |
| General Assembly that these grants not supplant such assistance. | 78767 |
| Section 209.64.27. CAPITAL COMPONENT | 78768 |
| The foregoing appropriation item 235-552, Capital Component, | 78769 |
| shall be used by the Board of Regents to implement the capital | 78770 |
| funding policy for state-assisted colleges and universities | 78771 |
| established in Am. H.B. No. 748 of the 121st General Assembly. | 78772 |
| Appropriations from this item shall be distributed to all campuses | 78773 |
| for which the estimated campus debt service attributable to new | 78774 |
| qualifying capital projects is less than the campus's | 78775 |
| formula-determined capital component allocation. Campus | 78776 |
| allocations shall be determined by subtracting the estimated | 78777 |
| campus debt service attributable to new qualifying capital | 78778 |
| projects from the campus's formula-determined capital component | 78779 |
| allocation. Moneys distributed from this appropriation item shall | 78780 |
| be restricted to capital-related purposes. | 78781 |
| Any campus for which the estimated campus debt service | 78782 |
| attributable to qualifying capital projects is greater than the | 78783 |
| campus's formula-determined capital component allocation shall | 78784 |
| have the difference subtracted from its State Share of Instruction | 78785 |
| allocation in each fiscal year. The sum of all such amounts shall | 78786 |
| be transferred from appropriation item 235-501, State Share of | 78787 |
| Instruction, to appropriation item 235-552, Capital Component. | 78788 |
| Section 209.64.30. DAYTON AREA GRADUATE STUDIES INSTITUTE | 78789 |
| The foregoing appropriation item 235-553, Dayton Area | 78790 |
| Graduate Studies Institute, shall be used by the Board of Regents | 78791 |
| to support the Dayton Area Graduate Studies Institute, an | 78792 |
| engineering graduate consortium of three universities in the | 78793 |
| Dayton area: Wright State University, the University of Dayton, | 78794 |
| and the Air Force Institute of Technology, with the participation | 78795 |
| of the University of Cincinnati and The Ohio State University. | 78796 |
| Of the foregoing appropriation item 235-553, Dayton Area | 78797 |
| Graduate Studies Institute, $417,053 in each fiscal year shall be | 78798 |
| used by the Miami Valley Economic Development Research Corporation | 78799 |
| to support collaborative research between academia, industry, and | 78800 |
| the Air Force for the Wright Brothers Institute and related | 78801 |
| initiatives in nanomaterials and advanced data management and | 78802 |
| analysis. | 78803 |
| Section 209.64.33. PRIORITIES IN COLLABORATIVE GRADUATE | 78804 |
| EDUCATION | 78805 |
| The foregoing appropriation item 235-554, Priorities in | 78806 |
| Collaborative Graduate Education, shall be used by the Board of | 78807 |
| Regents to support improvements in graduate programs at | 78808 |
| state-assisted universities that the Board of Regents identifies | 78809 |
| as vital to the state's economic strategy. Up to $169,782 in each | 78810 |
| fiscal year shall be used to support collaborative efforts in | 78811 |
| graduate education in this program area. The collaborative program | 78812 |
| shall be coordinated by the Board of Regents. | 78813 |
| Section 209.64.36. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 78814 |
| The foregoing appropriation item 235-556, Ohio Academic | 78815 |
| Resources Network, shall be used to support the operations of the | 78816 |
| Ohio Academic Resources Network, which shall include support for | 78817 |
| Ohio's state-assisted colleges and universities in maintaining and | 78818 |
| enhancing network connections. The network shall give priority to | 78819 |
| supporting the Third Frontier Network and allocating bandwidth to | 78820 |
| programs directly supporting Ohio's economic development. | 78821 |
| Section 209.64.39. LONG-TERM CARE RESEARCH | 78822 |
| The foregoing appropriation item 235-558, Long-term Care | 78823 |
| Research, shall be disbursed to Miami University for long-term | 78824 |
| care research. | 78825 |
| Section 209.64.42. MEDICAL SUPPORT | 78826 |
| The Board of Regents, in consultation with the state-assisted | 78827 |
| medical colleges, shall develop performance standards for medical | 78828 |
| education. Special emphasis in the standards shall be placed on | 78829 |
| attempting to ensure that at least 50 per cent of the aggregate | 78830 |
| number of students enrolled in state-assisted medical colleges | 78831 |
| continue to enter residency as primary care physicians. Primary | 78832 |
| care physicians are general family practice physicians, general | 78833 |
| internal medicine practitioners, and general pediatric care | 78834 |
| physicians. The Board of Regents shall monitor medical school | 78835 |
| performance in relation to their plans for reaching the 50 per | 78836 |
| cent system-wide standard for primary care physicians. | 78837 |
| Of the foregoing appropriation item 235-560, Medical Support, | 78838 |
| $45,931,099 in fiscal year 2006 shall be used to support clinical | 78839 |
| teaching at Ohio's state-assisted colleges of medicine. Of this | 78840 |
| amount, The Ohio State University shall receive $13,565,885 in | 78841 |
| fiscal year 2006; University of Cincinnati shall receive | 78842 |
| $11,157,756 in fiscal year 2006; Medical University of Ohio at | 78843 |
| Toledo shall receive $8,696,866 in fiscal year 2006; Wright State | 78844 |
| University shall receive $4,225,107 in fiscal year 2006 and | 78845 |
| $124,644 of this amount in fiscal year 2006 shall be for the use | 78846 |
| of Wright State University's Ellis Institute for Clinical Teaching | 78847 |
| Studies to operate the clinical facility to serve the Greater | 78848 |
| Dayton Area; Ohio University shall receive $4,084,540 in fiscal | 78849 |
| year 2006; and Northeastern Ohio Universities College of Medicine | 78850 |
| shall receive $4,200,945 in fiscal year 2006. These funds shall be | 78851 |
| distributed through the Board of Regents. | 78852 |
| By January 15, 2006, the General Assembly shall develop a | 78853 |
| plan to provide itemized appropriations to the Board of Regents | 78854 |
| for medical support programs for fiscal year 2007. In anticipation | 78855 |
| of a new, improved allocation of funds for medical support | 78856 |
| programs to be enacted before fiscal year 2007, the foregoing | 78857 |
| appropriation item 235-560, Medical Support, is hereby | 78858 |
| appropriated. | 78859 |
| Section 209.64.45. BOWLING GREEN STATE UNIVERSITY CANADIAN | 78860 |
| STUDIES CENTER | 78861 |
| The foregoing appropriation item 235-561, Bowling Green State | 78862 |
| University Canadian Studies Center, shall be used by the Canadian | 78863 |
| Studies Center at Bowling Green State University to study | 78864 |
| opportunities for Ohio and Ohio businesses to benefit from the | 78865 |
| Free Trade Agreement between the United States and Canada. | 78866 |
| Section 209.64.48. FAMILY PRACTICE AND PRIMARY CARE | 78867 |
| RESIDENCIES | 78868 |
| The Board of Regents shall develop plans consistent with | 78869 |
| existing criteria and guidelines as may be required for the | 78870 |
| distribution of appropriation item 235-562, Family Practice and | 78871 |
| Primary Care Residencies. | 78872 |
| Of the foregoing appropriation item 235-562, Family Practice | 78873 |
| and Primary Care Residencies, $4,548,470 in fiscal year 2006 shall | 78874 |
| be distributed to Family Practice programs. | 78875 |
| Of the foregoing appropriation item 235-562, Family Practice | 78876 |
| and Primary Care Residencies, $2,245,688 in fiscal year 2006 shall | 78877 |
| be distributed to Primary Care Residencies, based on whether or | 78878 |
| not the institution has submitted and gained approval for a | 78879 |
| primary care residency plan. If the institution does not have an | 78880 |
| approved plan, it shall receive five per cent less funding per | 78881 |
| student than it would have received from its annual allocation. | 78882 |
| The remaining funding shall be distributed among those | 78883 |
| institutions that meet or exceed their targets. | 78884 |
| Section 209.64.51. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN | 78885 |
| The foregoing appropriation item 235-563, Ohio College | 78886 |
| Opportunity Grant, shall be used by the Board of Regents to begin | 78887 |
| to award needs-based financial aid to students based on the United | 78888 |
| States Department of Education's method of determining financial | 78889 |
| need. Beginning in fiscal year 2007, students who enrolled in a | 78890 |
| public, private, or proprietary post-secondary institution of | 78891 |
| higher education for the first time in academic year 2006-2007, | 78892 |
| excluding early college high school and post-secondary enrollment | 78893 |
| option participants, shall be eligible to receive aid based on | 78894 |
| their expected family contributions as calculated by the United | 78895 |
| State Department of Education, according to section 3333.122 of | 78896 |
| the Revised Code. | 78897 |
| Section 209.64.54. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 78898 |
| The foregoing appropriation item 235-572, The Ohio State | 78899 |
| University Clinic Support, shall be distributed through the Board | 78900 |
| of Regents to The Ohio State University for support of dental and | 78901 |
| veterinary medicine clinics. | 78902 |
| Section 209.64.57. URBAN UNIVERSITY PROGRAMS | 78903 |
| Universities receiving funds from the foregoing appropriation | 78904 |
| item 235-583, Urban University Programs, that are used to support | 78905 |
| an ongoing university unit shall certify periodically in a manner | 78906 |
| approved by the Board of Regents that program funds are being | 78907 |
| matched on a one-to-one basis with equivalent resources. Overhead | 78908 |
| support may not be used to meet this requirement. Where Urban | 78909 |
| University Program funds are being used to support an ongoing | 78910 |
| university unit, matching funds shall come from continuing rather | 78911 |
| than one-time sources. At each participating state-assisted | 78912 |
| institution of higher education, matching funds shall be within | 78913 |
| the substantial control of the individual designated by the | 78914 |
| institution's president as the Urban University Program | 78915 |
| representative. | 78916 |
| Of the foregoing appropriation item 235-583, Urban University | 78917 |
| Programs, $247,453 in each fiscal year shall be used to support a | 78918 |
| public communication outreach program (WCPN). The primary purpose | 78919 |
| of the program shall be to develop a relationship between | 78920 |
| Cleveland State University and nonprofit communications entities. | 78921 |
| Of the foregoing appropriation item 235-583, Urban University | 78922 |
| Programs, $117,215 in each fiscal year shall be used to support | 78923 |
| the Center for the Interdisciplinary Study of Education and the | 78924 |
| Urban Child at Cleveland State University. These funds shall be | 78925 |
| distributed according to rules adopted by the Board of Regents and | 78926 |
| shall be used by the center for interdisciplinary activities | 78927 |
| targeted toward increasing the chance of lifetime success of the | 78928 |
| urban child, including interventions beginning with the prenatal | 78929 |
| period. The primary purpose of the center is to study issues in | 78930 |
| urban education and to systematically map directions for new | 78931 |
| approaches and new solutions by bringing together a cadre of | 78932 |
| researchers, scholars, and professionals representing the social, | 78933 |
| behavioral, education, and health disciplines. | 78934 |
| Of the foregoing appropriation item 235-583, Urban University | 78935 |
| Programs, $169,310 in each fiscal year shall be used to support | 78936 |
| the Kent State University Learning and Technology Project. This | 78937 |
| project is a kindergarten through university collaboration between | 78938 |
| schools surrounding Kent State University's eight campuses in | 78939 |
| northeast Ohio and corporate partners who will assist in | 78940 |
| development and delivery. | 78941 |
| The Kent State University Project shall provide a faculty | 78942 |
| member who has a full-time role in the development of | 78943 |
| collaborative activities and teacher instructional programming | 78944 |
| between Kent State University and the K-12th grade schools that | 78945 |
| surround its eight campuses; appropriate student support staff to | 78946 |
| facilitate these programs and joint activities; and hardware and | 78947 |
| software to schools that will make possible the delivery of | 78948 |
| instruction to pre-service and in-service teachers, and their | 78949 |
| students, in their own classrooms or school buildings. This shall | 78950 |
| involve the delivery of low-bandwidth streaming video and | 78951 |
| web-based technologies in a distributed instructional model. | 78952 |
| Of the foregoing appropriation item 235-583, Urban University | 78953 |
| Programs, $65,119 in each fiscal year shall be used to support the | 78954 |
| Ameritech Classroom/Center for Research at Kent State University. | 78955 |
| Of the foregoing appropriation item 235-583, Urban University | 78956 |
| Programs, $651,192 in each fiscal year shall be used to support | 78957 |
| the Polymer Distance Learning Project at the University of Akron. | 78958 |
| Of the foregoing appropriation item 235-583, Urban University | 78959 |
| Programs, $32,560 in each fiscal year shall be distributed to the | 78960 |
| Kent State University/Cleveland Design Center program. | 78961 |
| Of the foregoing appropriation item 235-583, Urban University | 78962 |
| Programs, $162,797 in each fiscal year shall be used to support | 78963 |
| the Bliss Institute of Applied Politics at the University of | 78964 |
| Akron. | 78965 |
| Of the foregoing appropriation item 235-583, Urban University | 78966 |
| Programs, $9,766 in each fiscal year shall be used for the | 78967 |
| Advancing-Up Program at the University of Akron. | 78968 |
| Of the foregoing appropriation item 235-583, Urban University | 78969 |
| Programs, $1,433,037 in each fiscal year shall be distributed by | 78970 |
| the Board of Regents to Cleveland State University in support of | 78971 |
| the Maxine Goodman Levin College of Urban Affairs. | 78972 |
| Of the foregoing appropriation item 235-583, Urban University | 78973 |
| Programs, $1,433,037 in each fiscal year shall be distributed to | 78974 |
| the Northeast Ohio Research Consortium, the Urban Linkages | 78975 |
| Program, and the Urban Research Technical Assistance Grant | 78976 |
| Program. The distribution among the three programs shall be | 78977 |
| determined by the chair of the Urban University Program. | 78978 |
| Of the foregoing appropriation item 235-583, Urban University | 78979 |
| Programs, $139,777 in each fiscal year shall be used to support | 78980 |
| the Strategic Economic Research Collaborative at the University of | 78981 |
| Toledo Urban Affairs Center. | 78982 |
| Of the foregoing appropriation item 235-583, Urban University | 78983 |
| Programs, $139,777 in each fiscal year shall be used to support | 78984 |
| the Institute for Collaborative Research and Public Humanities at | 78985 |
| The Ohio State University. | 78986 |
| Of the foregoing appropriation item 235-583, Urban University | 78987 |
| Programs, $300,368 in each fiscal year shall be used to support | 78988 |
| the Medina County University Center. | 78989 |
| Section 209.64.60. RURAL UNIVERSITY PROJECTS | 78990 |
| Of the foregoing appropriation item 235-587, Rural University | 78991 |
| Projects, Bowling Green State University shall receive $237,405 in | 78992 |
| each fiscal year, Miami University shall receive $220,788 in each | 78993 |
| fiscal year, and Ohio University shall receive $517,513 in each | 78994 |
| fiscal year. These funds shall be used to support the Institute | 78995 |
| for Local Government Administration and Rural Development at Ohio | 78996 |
| University, the Center for Public Management and Regional Affairs | 78997 |
| at Miami University, and the Center for Policy Analysis and Public | 78998 |
| Service at Bowling Green State University. | 78999 |
| A small portion of the funds provided to Ohio University | 79000 |
| shall also be used for the Institute for Local Government | 79001 |
| Administration and Rural Development State and Rural Policy | 79002 |
| Partnership with the Governor's Office of Appalachia and the | 79003 |
| Appalachian delegation of the General Assembly. | 79004 |
| Of the foregoing appropriation item 235-587, Rural University | 79005 |
| Projects, $14,348 in each fiscal year shall be used to support the | 79006 |
| Washington State Community College day care center. | 79007 |
| Of the foregoing appropriation item 235-587, Rural University | 79008 |
| Projects, $43,046 in each fiscal year shall be used to support the | 79009 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 79010 |
| Section 209.64.63. HAZARDOUS MATERIALS PROGRAM | 79011 |
| The foregoing appropriation item 235-596, Hazardous Materials | 79012 |
| Program, shall be disbursed to Cleveland State University for the | 79013 |
| operation of a program to certify firefighters for the handling of | 79014 |
| hazardous materials. Training shall be available to all Ohio | 79015 |
| firefighters. | 79016 |
| Of the foregoing appropriation item 235-596, Hazardous | 79017 |
| Materials Program, $127,337 in each fiscal year shall be used to | 79018 |
| support the Center for the Interdisciplinary Study of Education | 79019 |
| and Leadership in Public Service at Cleveland State University. | 79020 |
| These funds shall be distributed by the Board of Regents and shall | 79021 |
| be used by the center targeted toward increasing the role of | 79022 |
| special populations in public service and not-for-profit | 79023 |
| organizations. The primary purpose of the center is to study | 79024 |
| issues in public service and to guide strategies for attracting | 79025 |
| new communities into public service occupations by bringing | 79026 |
| together a cadre of researchers, scholars, and professionals | 79027 |
| representing the public administration, social behavioral, and | 79028 |
| education disciplines. | 79029 |
| Section 209.64.66. NATIONAL GUARD SCHOLARSHIP PROGRAM | 79030 |
| The Board of Regents shall disburse funds from appropriation | 79031 |
| item 235-599, National Guard Scholarship Program, at the direction | 79032 |
| of the Adjutant General. The unencumbered balance of appropriation | 79033 |
| item 235-599, National Guard Scholarship Program, at the end of | 79034 |
| each fiscal year shall be transferred under section 5919.341 of | 79035 |
| the Revised Code to the National Guard Scholarship Reserve Fund | 79036 |
| (Fund 5BM) for use under appropriation item 235-623, National | 79037 |
| Guard Scholarship Reserve Fund. Upon the request of the Adjutant | 79038 |
| General, the Board of Regents shall seek Controlling Board | 79039 |
| approval to establish appropriations in item 235-623, National | 79040 |
| Guard Scholarship Reserve Fund. | 79041 |
| Section 209.64.69. * PLEDGE OF FEES | 79042 |
| Any new pledge of fees, or new agreement for adjustment of | 79043 |
| fees, made in the biennium ending June 30, 2007, to secure bonds | 79044 |
| or notes of a state-assisted institution of higher education for a | 79045 |
| project for which bonds or notes were not outstanding on the | 79046 |
| effective date of this section shall be effective only after | 79047 |
| approval by the Board of Regents, unless approved in a previous | 79048 |
| biennium. | 79049 |
| Section 209.64.72. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 79050 |
| SERVICE | 79051 |
| The foregoing appropriation item 235-909, Higher Education | 79052 |
| General Obligation Debt Service, shall be used to pay all debt | 79053 |
| service and related financing costs at the times they are required | 79054 |
| to be made under sections 151.01 and 151.04 of the Revised Code | 79055 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 79056 |
| of the Sinking Fund or the Director of Budget and Management shall | 79057 |
| effectuate the required payments by intrastate transfer voucher. | 79058 |
| Section 209.64.75. SALES AND SERVICES | 79059 |
| The Board of Regents is authorized to charge and accept | 79060 |
| payment for the provision of goods and services. Such charges | 79061 |
| shall be reasonably related to the cost of producing the goods and | 79062 |
| services. No charges may be levied for goods or services that are | 79063 |
| produced as part of the routine responsibilities or duties of the | 79064 |
| Board. All revenues received by the Board of Regents shall be | 79065 |
| deposited into Fund 456, and may be used by the Board of Regents | 79066 |
| to pay for the costs of producing the goods and services. | 79067 |
| Section 209.64.76. OHIO HIGHER EDUCATIONAL FACILITY | 79068 |
| COMMISSION SUPPORT | 79069 |
| The foregoing appropriation item 235-602, Higher Educational | 79070 |
| Facility Commission Administration, shall be used by the Board of | 79071 |
| Regents for operating expenses related to the Board of Regents' | 79072 |
| support of the activities of the Ohio Higher Educational Facility | 79073 |
| Commission. Upon the request of the chancellor, the Director of | 79074 |
| Budget and Management shall transfer up to $55,000 cash from Fund | 79075 |
| 461 to Fund 4E8 in each fiscal year of the biennium. | 79076 |
| Section 209.64.78. PHYSICIAN LOAN REPAYMENT | 79077 |
| The foregoing appropriation item 235-604, Physician Loan | 79078 |
| Repayment, shall be used in accordance with sections 3702.71 to | 79079 |
| 3702.81 of the Revised Code. | 79080 |
| Section 209.64.81. NURSING LOAN PROGRAM | 79081 |
| The foregoing appropriation item 235-606, Nursing Loan | 79082 |
| Program, shall be used to administer the nurse education | 79083 |
| assistance program. Up to $159,600 in fiscal year 2006 and | 79084 |
| $167,580 in fiscal year 2007 may be used for operating expenses | 79085 |
| associated with the program. Any additional funds needed for the | 79086 |
| administration of the program are subject to Controlling Board | 79087 |
| approval. | 79088 |
| Section 209.64.84. SCIENCE AND TECHNOLOGY COLLABORATION | 79089 |
| The Board of Regents shall work in close collaboration with | 79090 |
| the Department of Development, the Air Quality Development | 79091 |
| Authority, and the Third Frontier Commission in relation to | 79092 |
| appropriation items and programs referred to as Alignment Programs | 79093 |
| in the following paragraph, and other technology-related | 79094 |
| appropriations and programs in the Department of Development, Air | 79095 |
| Quality Development Authority, and the Board of Regents as these | 79096 |
| agencies may designate, to ensure implementation of a coherent | 79097 |
| state strategy with respect to science and technology. | 79098 |
| "Alignment Programs" means: appropriation items 195-401, | 79099 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 79100 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 79101 |
| Fund; 235-433, Economic Growth Challenge; 235-451, Eminent | 79102 |
| Scholars; 235-508, Air Force Institute of Technology; 235-510, | 79103 |
| Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute; | 79104 |
| 235-535, Ohio Agricultural Research and Development Center; | 79105 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 79106 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 79107 |
| Academic Resources Network; and 195-435, Biomedical Research and | 79108 |
| Technology Transfer Trust. | 79109 |
| Consistent with the recommendations of the Governor's | 79110 |
| Commission on Higher Education and the Economy, Alignment Programs | 79111 |
| shall be managed and administered (1) to build on existing | 79112 |
| competitive research strengths; (2) to encourage new and emerging | 79113 |
| discoveries and commercialization of products and ideas that will | 79114 |
| benefit the Ohio economy; and (3) to assure improved collaboration | 79115 |
| among Alignment Programs, with programs administered by the Third | 79116 |
| Frontier Commission, and with other state programs that are | 79117 |
| intended to improve economic growth and job creation. | 79118 |
| If requested by the Third Frontier Commission, Alignment | 79119 |
| Programs managers shall report to the Commission or the Third | 79120 |
| Frontier Advisory Board, as directed by the Commission, on the | 79121 |
| contributions of their programs to achieving the objectives stated | 79122 |
| in the preceding paragraph of this section. | 79123 |
| Each alignment program shall be reviewed annually by the | 79124 |
| Third Frontier Commission with respect to its development of | 79125 |
| complementary relationships within a combined state science and | 79126 |
| technology investment portfolio and its overall contribution to | 79127 |
| the state's science and technology strategy, including the | 79128 |
| adoption of appropriately consistent criteria for: (1) the | 79129 |
| scientific merit of activities supported by the program; (2) the | 79130 |
| relevance of the program's activities to commercial opportunities | 79131 |
| in the private sector; (3) the private sector's involvement in a | 79132 |
| process that continually evaluates commercial opportunities to use | 79133 |
| the work supported by the program; and (4) the ability of the | 79134 |
| program and recipients of grant funding from the program to engage | 79135 |
| in activities that are collaborative, complementary, and efficient | 79136 |
| with respect to the expenditure of state funds. All programs | 79137 |
| listed above shall provide annual reports to the Third Frontier | 79138 |
| Commission discussing existing, planned, or possible | 79139 |
| collaborations between programs and recipients of grant funding | 79140 |
| related to technology, development, commercialization, and | 79141 |
| supporting Ohio's economic development. The annual review by the | 79142 |
| Third Frontier Commission shall be a comprehensive review of the | 79143 |
| entire state science and technology program portfolio rather than | 79144 |
| a review of individual programs. | 79145 |
| Applicants for Third Frontier and Alignment Programs funding | 79146 |
| shall identify their requirements for high-performance computing | 79147 |
| facilities and services, including both hardware and software, in | 79148 |
| the proposals. If an applicant's requirements exceed approximately | 79149 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 79150 |
| convene a panel of experts. The panel shall review the proposal to | 79151 |
| determine whether the proposal's requirements can be met through | 79152 |
| Ohio Supercomputer Center facilities or through other means and | 79153 |
| report such information to the Third Frontier Commission. | 79154 |
| To ensure that the state receives the maximum benefit from | 79155 |
| its investment in the Third Frontier Project and the Third | 79156 |
| Frontier Network, organizations receiving Third Frontier awards | 79157 |
| and Alignment Programs awards shall, as appropriate, be expected | 79158 |
| to have a connection to the Third Frontier Network that enables | 79159 |
| them and their collaborators to achieve award objectives through | 79160 |
| the Third Frontier Network. | 79161 |
| Section 209.64.87. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 79162 |
| FUND MONEYS | 79163 |
| Notwithstanding any provision of law to the contrary, all | 79164 |
| repayments of Research Facility Investment Fund loans shall be | 79165 |
| made to the Bond Service Trust Fund. All Research Facility | 79166 |
| Investment Fund loan repayments made prior to the effective date | 79167 |
| of this section shall be transferred by the Director of Budget and | 79168 |
| Management to the Bond Service Trust Fund within sixty days after | 79169 |
| the effective date of this section. | 79170 |
| Campuses shall make timely repayments of Research Facility | 79171 |
| Investment Fund loans, according to the schedule established by | 79172 |
| the Board of Regents. In the case of late payments, the Board of | 79173 |
| Regents may deduct from an institution's periodic subsidy | 79174 |
| distribution an amount equal to the amount of the overdue payment | 79175 |
| for that institution, transfer such amount to the Bond Service | 79176 |
| Trust Fund, and credit the appropriate institution for the | 79177 |
| repayment. | 79178 |
| Section 209.64.90. VETERANS' PREFERENCES | 79179 |
| The Board of Regents shall work with the Governor's Office of | 79180 |
| Veterans' Affairs to develop specific veterans' preference | 79181 |
| guidelines for higher education institutions. These guidelines | 79182 |
| shall ensure that the institutions' hiring practices are in | 79183 |
| accordance with the intent of Ohio's veterans' preference laws. | 79184 |
| Section 209.64.93. STATE NEED-BASED FINANCIAL AID | 79185 |
| RECONCILIATION | 79186 |
| By the first day of August in each fiscal year, or as soon | 79187 |
| thereafter as possible, the Ohio Board of Regents shall certify to | 79188 |
| the Director of Budget and Management the amount necessary to pay | 79189 |
| any outstanding prior year obligations to higher education | 79190 |
| institutions for the state's need-based financial aid programs. | 79191 |
| The amounts certified are hereby appropriated to appropriation | 79192 |
| item 235-618, State Need-based Financial Aid Reconciliation, from | 79193 |
| revenues received in the State Need-based Financial Aid | 79194 |
| Reconciliation Fund (Fund 5Y5). | 79195 |
| Section 209.69. DRC DEPARTMENT OF REHABILITATION AND | 79196 |
| CORRECTION | 79197 |
| General Revenue Fund | 79198 | ||||||||||
| GRF | 501-321 | Institutional Operations | $ | 857,371,490 | $ | 873,888,880 | 79199 | ||||
| GRF | 501-403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 79200 | ||||
| GRF | 501-405 | Halfway House | $ | 38,104,924 | $ | 38,105,128 | 79201 | ||||
| GRF | 501-406 | Lease Rental Payments | $ | 132,370,500 | $ | 120,600,600 | 79202 | ||||
| GRF | 501-407 | Community Nonresidential Programs | $ | 15,383,471 | $ | 15,404,522 | 79203 | ||||
| GRF | 501-408 | Community Misdemeanor Programs | $ | 8,041,489 | $ | 8,041,489 | 79204 | ||||
| GRF | 501-501 | Community Residential Programs - CBCF | $ | 55,054,445 | $ | 55,054,445 | 79205 | ||||
| GRF | 502-321 | Mental Health Services | $ | 64,897,564 | $ | 66,055,754 | 79206 | ||||
| GRF | 503-321 | Parole and Community Operations | $ | 78,887,219 | $ | 80,708,911 | 79207 | ||||
| GRF | 504-321 | Administrative Operations | $ | 27,559,389 | $ | 28,147,730 | 79208 | ||||
| GRF | 505-321 | Institution Medical Services | $ | 159,926,575 | $ | 176,500,628 | 79209 | ||||
| GRF | 506-321 | Institution Education Services | $ | 22,727,366 | $ | 23,114,615 | 79210 | ||||
| GRF | 507-321 | Institution Recovery Services | $ | 6,946,286 | $ | 7,090,212 | 79211 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,475,869,973 | $ | 1,501,312,169 | 79212 | ||||||
| General Services Fund Group | 79213 |
| 148 | 501-602 | Services and Agricultural | $ | 95,207,653 | $ | 95,207,653 | 79214 | ||||
| 200 | 501-607 | Ohio Penal Industries | $ | 38,000,000 | $ | 38,000,000 | 79215 | ||||
| 4B0 | 501-601 | Penitentiary Sewer Treatment Facility Services | $ | 1,758,177 | $ | 1,758,177 | 79216 | ||||
| 4D4 | 501-603 | Prisoner Programs | $ | 20,967,703 | $ | 20,967,703 | 79217 | ||||
| 4L4 | 501-604 | Transitional Control | $ | 1,593,794 | $ | 1,593,794 | 79218 | ||||
| 4S5 | 501-608 | Education Services | $ | 4,564,072 | $ | 4,564,072 | 79219 | ||||
| 483 | 501-605 | Property Receipts | $ | 393,491 | $ | 393,491 | 79220 | ||||
| 5AF | 501-609 | State and Non-Federal Awards | $ | 262,718 | $ | 262,718 | 79221 | ||||
| 5H8 | 501-617 | Offender Financial Responsibility | $ | 2,000,000 | $ | 2,000,000 | 79222 | ||||
| 5L6 | 501-611 | Information Technology Services | $ | 3,741,980 | $ | 3,741,980 | 79223 | ||||
| 571 | 501-606 | Training Academy Receipts | $ | 75,190 | $ | 75,190 | 79224 | ||||
| 593 | 501-618 | Laboratory Services | $ | 5,799,999 | $ | 5,799,999 | 79225 | ||||
| TOTAL GSF General Services Fund Group | $ | 174,364,777 | $ | 174,364,777 | 79226 | ||||||
| Federal Special Revenue Fund Group | 79227 |
| 3S1 | 501-615 | Truth-In-Sentencing Grants | $ | 26,127,427 | $ | 26,127,427 | 79228 | ||||
| 323 | 501-619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 79229 | ||||
| TOTAL FED Federal Special Revenue | 79230 | ||||||||||
| Fund Group | $ | 38,325,780 | $ | 38,325,780 | 79231 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,688,560,530 | $ | 1,714,002,726 | 79232 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 79233 |
| The foregoing appropriation item 501-406, Lease Rental | 79234 |
| Payments, shall be used for payments to the Ohio Building | 79235 |
| Authority for the period July 1, 2005, to June 30, 2007, under the | 79236 |
| primary leases and agreements for those buildings made under | 79237 |
| Chapter 152. of the Revised Code but limited to the aggregate | 79238 |
| amount of $252,971,100. This appropriation amount is the source of | 79239 |
| funds pledged for bond service charges on related obligations | 79240 |
| issued under Chapter 152. of the Revised Code. | 79241 |
| PRISONER COMPENSATION | 79242 |
| Money from the foregoing appropriation item 501-403, Prisoner | 79243 |
| Compensation, shall be transferred on a quarterly basis by | 79244 |
| intrastate transfer voucher to the Services and Agricultural Fund | 79245 |
| (Fund 148) for the purposes of paying prisoner compensation. | 79246 |
| Section 209.72. RSC REHABILITATION SERVICES COMMISSION | 79247 |
| General Revenue Fund | 79248 |
| GRF | 415-100 | Personal Services | $ | 8,851,468 | $ | 8,851,468 | 79249 | ||||
| GRF | 415-402 | Independent Living Council | $ | 12,280 | $ | 12,280 | 79250 | ||||
| GRF | 415-403 | Mental Health Services | $ | 717,221 | $ | 717,221 | 79251 | ||||
| GRF | 415-404 | MR/DD Services | $ | 1,260,816 | $ | 1,260,816 | 79252 | ||||
| GRF | 415-405 | Vocational Rehabilitation/Job and Family Services | $ | 536,912 | $ | 536,912 | 79253 | ||||
| GRF | 415-406 | Assistive Technology | $ | 47,531 | $ | 47,531 | 79254 | ||||
| GRF | 415-431 | Office for People with Brain Injury | $ | 226,012 | $ | 226,012 | 79255 | ||||
| GRF | 415-506 | Services for People with Disabilities | $ | 12,185,215 | $ | 12,185,215 | 79256 | ||||
| GRF | 415-508 | Services for the Deaf | $ | 50,000 | $ | 50,000 | 79257 | ||||
| GRF | 415-509 | Services for the Elderly | $ | 359,377 | $ | 359,377 | 79258 | ||||
| GRF | 415-520 | Independent Living Services | $ | 50,000 | $ | 50,000 | 79259 | ||||
| TOTAL GRF General Revenue Fund | $ | 24,296,832 | $ | 24,296,832 | 79260 | ||||||
| General Services Fund Group | 79261 |
| 4W5 | 415-606 | Program Management Expenses | $ | 18,557,040 | $ | 18,557,040 | 79262 | ||||
| 467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,632,082 | $ | 1,632,082 | 79263 | ||||
| TOTAL GSF General Services | 79264 | ||||||||||
| Fund Group | $ | 20,189,122 | $ | 20,189,122 | 79265 | ||||||
| Federal Special Revenue Fund Group | 79266 |
| 3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,743,740 | $ | 3,743,740 | 79267 | ||||
| 3L1 | 415-605 | Social Security Community Centers for the Deaf | $ | 1,100,488 | $ | 1,100,488 | 79268 | ||||
| 3L1 | 415-607 | Social Security Administration Cost | $ | 175,860 | $ | 175,860 | 79269 | ||||
| 3L1 | 415-608 | Social Security Special Programs/Assistance | $ | 2,246,991 | $ | 131,716 | 79270 | ||||
| 3L1 | 415-610 | Social Security Vocational Rehabilitation | $ | 1,336,324 | $ | 1,338,324 | 79271 | ||||
| 3L1 | 415-614 | Social Security Independent Living | $ | 154,942 | $ | 0 | 79272 | ||||
| 3L4 | 415-612 | Federal Independent Living Centers or Services | $ | 894,662 | $ | 686,520 | 79273 | ||||
| 3L4 | 415-615 | Federal - Supported Employment | $ | 1,338,191 | $ | 1,338,191 | 79274 | ||||
| 3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,508,885 | $ | 1,608,885 | 79275 | ||||
| 317 | 415-620 | Disability Determination | $ | 82,870,347 | $ | 87,999,369 | 79276 | ||||
| 379 | 415-616 | Federal - Vocational Rehabilitation | $ | 123,565,158 | $ | 119,998,470 | 79277 | ||||
| TOTAL FED Federal Special | 79278 | ||||||||||
| Revenue Fund Group | $ | 218,935,588 | $ | 218,121,563 | 79279 | ||||||
| State Special Revenue Fund Group | 79280 |
| 4L1 | 415-619 | Services for Rehabilitation | $ | 4,500,000 | $ | 4,500,000 | 79281 | ||||
| 468 | 415-618 | Third Party Funding | $ | 1,055,407 | $ | 1,105,407 | 79282 | ||||
| TOTAL SSR State Special | 79283 | ||||||||||
| Revenue Fund Group | $ | 5,555,407 | $ | 5,605,407 | 79284 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 268,976,949 | $ | 268,212,924 | 79285 | ||||||
| INDEPENDENT LIVING COUNCIL | 79286 |
| The foregoing appropriation item 415-402, Independent Living | 79287 |
| Council, shall be used to fund the operations of the State | 79288 |
| Independent Living Council. | 79289 |
| MENTAL HEALTH SERVICES | 79290 |
| The foregoing appropriation item 415-403, Mental Health | 79291 |
| Services, shall be used for the provision of vocational | 79292 |
| rehabilitation services to mutually eligible consumers of the | 79293 |
| Rehabilitation Services Commission and the Department of Mental | 79294 |
| Health. | 79295 |
| The Rehabilitation Services Commission shall provide the | 79296 |
| Department of Mental Health a quarterly report stating the numbers | 79297 |
| served, numbers placed in employment, average hourly wage, and | 79298 |
| average hours worked. | 79299 |
| MR/DD SERVICES | 79300 |
| The foregoing appropriation item 415-404, MR/DD Services, | 79301 |
| shall be used as state matching funds to provide vocational | 79302 |
| rehabilitation services to mutually eligible clients between the | 79303 |
| Rehabilitation Services Commission and the Department of Mental | 79304 |
| Retardation and Developmental Disabilities. The Rehabilitation | 79305 |
| Services Commission shall report to the Department of Mental | 79306 |
| Retardation and Developmental Disabilities, as outlined in an | 79307 |
| interagency agreement, on the number and status of mutually | 79308 |
| eligible clients and the status of the funds and expenditures for | 79309 |
| these clients. | 79310 |
| VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES | 79311 |
| The foregoing appropriation item 415-405, Vocational | 79312 |
| Rehabilitation/Job and Family Services, shall be used as state | 79313 |
| matching funds to provide vocational rehabilitation services to | 79314 |
| mutually eligible clients between the Rehabilitation Services | 79315 |
| Commission and the Department of Job and Family Services. The | 79316 |
| Rehabilitation Services Commission shall report to the Department | 79317 |
| of Job and Family Services, as outlined in an interagency | 79318 |
| agreement, on the number and status of mutually eligible clients | 79319 |
| and the status of the funds and expenditures for these clients. | 79320 |
| ASSISTIVE TECHNOLOGY | 79321 |
| The foregoing appropriation item 415-406, Assistive | 79322 |
| Technology, shall be provided to Assistive Technology of Ohio and | 79323 |
| shall be used only to provide grants under that program. No amount | 79324 |
| of the appropriation may be used for administrative costs. | 79325 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 79326 |
| Of the foregoing appropriation item 415-431, Office for | 79327 |
| People with Brain Injury, $50,000 in each fiscal year shall be | 79328 |
| used for the state match for a federal grant awarded through the | 79329 |
| Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000 | 79330 |
| in fiscal year 2006 and up to $50,000 in fiscal year 2007 shall be | 79331 |
| provided to the Brain Injury Trust Fund. The remaining | 79332 |
| appropriation shall be used to plan and coordinate | 79333 |
| head-injury-related services provided by state agencies and other | 79334 |
| government or private entities, to assess the needs for such | 79335 |
| services, and to set priorities in this area. | 79336 |
| SERVICES FOR THE DEAF | 79337 |
| The foregoing appropriation item 415-508, Services for the | 79338 |
| Deaf, shall be used to supplement Social Security reimbursement | 79339 |
| funds used to provide grants to community centers for the deaf. | 79340 |
| These funds shall not be used in lieu of Social Security | 79341 |
| reimbursement funds. | 79342 |
| SERVICES FOR THE ELDERLY | 79343 |
| The foregoing appropriation item 415-509, Services for the | 79344 |
| Elderly, shall be used as matching funds for vocational | 79345 |
| rehabilitation services for eligible elderly citizens with a | 79346 |
| disability. | 79347 |
| INDEPENDENT LIVING SERVICES | 79348 |
| The foregoing appropriation items 415-520, Independent Living | 79349 |
| Services, and 415-612, Federal - Independent Living Centers or | 79350 |
| Services, shall be used to support state independent living | 79351 |
| centers or independent living services under Title VII of the | 79352 |
| Independent Living Services and Centers for Independent Living of | 79353 |
| the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 79354 |
| U.S.C. 796d. | 79355 |
| PROGRAM MANAGEMENT EXPENSES | 79356 |
| The foregoing appropriation item 415-606, Program Management | 79357 |
| Expenses, shall be used to support the administrative functions of | 79358 |
| the commission related to the provision of vocational | 79359 |
| rehabilitation, disability determination services, and ancillary | 79360 |
| programs. | 79361 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 79362 |
| The foregoing appropriation item 415-617, Independent | 79363 |
| Living/Vocational Rehabilitation Programs, shall be used to | 79364 |
| support vocational rehabilitation programs, including, but not | 79365 |
| limited to, high tech high schools, training, and brain injury | 79366 |
| grants. | 79367 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 79368 |
| Reimbursement funds received from the Social Security | 79369 |
| Administration, United States Department of Health and Human | 79370 |
| Services, for the costs of providing services and training to | 79371 |
| return disability recipients to gainful employment shall be used | 79372 |
| in the Social Security Reimbursement Fund (Fund 3L1), as follows: | 79373 |
| (A) Appropriation item 415-601, Social Security Personal Care | 79374 |
| Assistance, to provide personal care services in accordance with | 79375 |
| section 3304.41 of the Revised Code; | 79376 |
| (B) Appropriation item 415-605, Social Security Community | 79377 |
| Centers for the Deaf, to provide grants to community centers for | 79378 |
| the deaf in Ohio for services to individuals with hearing | 79379 |
| impairments; | 79380 |
| (C) Appropriation item 415-607, Social Security | 79381 |
| Administration Cost, to provide administrative services needed to | 79382 |
| administer the Social Security reimbursement program; | 79383 |
| (D) Appropriation item 415-608, Social Security Special | 79384 |
| Programs/Assistance, to provide vocational rehabilitation services | 79385 |
| to individuals with severe disabilities who are Social Security | 79386 |
| beneficiaries, to enable them to achieve competitive employment. | 79387 |
| This appropriation item also includes funds to assist the Personal | 79388 |
| Care Assistance, Community Centers for the Deaf, and Independent | 79389 |
| Living Programs to pay their share of indirect costs as mandated | 79390 |
| by federal OMB Circular A-87. | 79391 |
| (E) Appropriation item 415-610, Social Security Vocational | 79392 |
| Rehabilitation, to provide vocational rehabilitation services to | 79393 |
| older blind individuals with severe disabilities to enable them to | 79394 |
| achieve a noncompetitive employment goal. | 79395 |
| PILOT PROGRAM FOR VOCATIONAL REHABILITATION | 79396 |
| During fiscal years 2006 and 2007, the Rehabilitation | 79397 |
| Services Commission may conduct a pilot program to provide | 79398 |
| vocational rehabilitation and related services to entities, | 79399 |
| employers, or individuals that are not eligible for state- or | 79400 |
| federally-supported services through the commission. The | 79401 |
| commission shall propose fees to be collected from the entities, | 79402 |
| employers, or individuals served by the pilot program to support | 79403 |
| the costs for vocational rehabilitation and related services | 79404 |
| provided under the pilot program. Fee revenues collected under the | 79405 |
| program shall be credited to Fund 468 (Third Party Funding). | 79406 |
| During implementation of the pilot program, the Rehabilitation | 79407 |
| Services Commission shall investigate and determine the | 79408 |
| possibility of utilizing this source of revenue to match federal | 79409 |
| funds. The Rehabilitation Services Commission shall evaluate the | 79410 |
| progress of the pilot program and issue a report of its findings | 79411 |
| to the Governor not later than December 15, 2007. The report shall | 79412 |
| include a recommendation to either continue or discontinue the | 79413 |
| pilot program in the next biennium. | 79414 |
| Section 209.75. RCB RESPIRATORY CARE BOARD | 79415 |
| General Services Fund Group | 79416 |
| 4K9 | 872-609 | Operating Expenses | $ | 441,987 | $ | 0 | 79417 | ||||
| TOTAL GSF General Services | 79418 | ||||||||||
| Fund Group | $ | 441,987 | $ | 0 | 79419 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 441,987 | $ | 0 | 79420 | ||||||
| Section 209.78. REVENUE DISTRIBUTION FUNDS | 79422 |
| Volunteer Firefighters' Dependents Fund | 79423 |
| 085 | 800-900 | Volunteer Firefighters' Dependents Fund | $ | 280,000 | $ | 280,000 | 79424 | ||||
| TOTAL 085 Volunteer Firefighters' | 79425 | ||||||||||
| Dependents Fund | $ | 280,000 | $ | 280,000 | 79426 | ||||||
| Agency Fund Group | 79427 | ||||||||||
| 062 | 110-900 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,075,000 | 79428 | ||||
| 063 | 110-900 | Permissive Tax Distribution | $ | 1,627,628,631 | $ | 1,706,969,960 | 79429 | ||||
| 067 | 110-900 | School District Income Tax | $ | 185,000,000 | $ | 195,000,000 | 79430 | ||||
| 4P8 | 001-698 | Cash Management Improvement Fund | $ | 2,500,000 | $ | 3,000,000 | 79431 | ||||
| 608 | 001-699 | Investment Earnings | $ | 85,000,000 | $ | 85,000,000 | 79432 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,901,128,631 | $ | 1,991,044,960 | 79433 | ||||||
| Holding Account Redistribution | 79434 |
| R45 | 110-617 | International Fuel Tax Distribution | $ | 6,292,029 | $ | 0 | 79435 | ||||
| TOTAL 090 Holding Account Redistribution Fund | $ | 6,292,029 | $ | 0 | 79436 | ||||||
| Revenue Distribution Fund Group | 79437 | ||||||||||
| 049 | 038-900 | Indigent Drivers Alcohol Treatment | $ | 1,865,000 | $ | 1,865,000 | 79438 | ||||
| 050 | 762-900 | International Registration Plan Distribution | $ | 55,000,000 | $ | 55,000,000 | 79439 | ||||
| 051 | 762-901 | Auto Registration Distribution | $ | 475,000,000 | $ | 475,000,000 | 79440 | ||||
| 054 | 110-900 | Local Government Property Tax Replacement - Utility | $ | 90,000,000 | $ | 90,000,000 | 79441 | ||||
| 060 | 110-900 | Gasoline Excise Tax Fund | $ | 325,000,000 | $ | 349,000,000 | 79442 | ||||
| 064 | 110-900 | Local Government Revenue Assistance | $ | 83,754,100 | $ | 77,384,100 | 79443 | ||||
| 065 | 110-900 | Library/Local Government Support Fund | $ | 439,372,980 | $ | 430,584,650 | 79444 | ||||
| 066 | 800-900 | Undivided Liquor Permits | $ | 13,500,000 | $ | 13,500,000 | 79445 | ||||
| 068 | 110-900 | State and Local Government Highway Distribution | $ | 231,076,000 | $ | 235,542,000 | 79446 | ||||
| 069 | 110-900 | Local Government Fund | $ | 598,454,000 | $ | 560,455,299 | 79447 | ||||
| 081 | 110-900 | Local Government Property Tax Replacement-Business | $ | 20,490,000 | $ | 154,290,000 | 79448 | ||||
| 082 | 110-900 | Horse Racing Tax | $ | 130,000 | $ | 130,000 | 79449 | ||||
| 083 | 700-900 | Ohio Fairs Fund | $ | 2,450,000 | $ | 2,450,000 | 79450 | ||||
| 088 | 110-900 | Local Government Services Collaboration | $ | $5,000,000 | $ | 0 | 79451 | ||||
| 089 | 100-900 | Small Township and Village Relief | $ | 3,500,000 | $ | 6,500,000 | 79452 | ||||
| TOTAL RDF Revenue Distribution | 79453 | ||||||||||
| Fund Group | $ | 2,344,592,080 | $ | 2,451,701,049 | 79454 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,252,292,740 | $ | 4,443,027,009 | 79455 | ||||||
| ADDITIONAL APPROPRIATIONS | 79456 |
| Appropriation items in this section shall be used for the | 79457 |
| purpose of administering and distributing the designated revenue | 79458 |
| distribution funds according to the Revised Code. If it is | 79459 |
| determined that additional appropriations are necessary for this | 79460 |
| purpose, such amounts are appropriated. | 79461 |
| Section 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL | 79462 |
| GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081) | 79463 |
| Notwithstanding any provision of law to the contrary, the Director | 79464 |
| of Budget and Management shall transfer $4,290,000 in fiscal year | 79465 |
| 2006 and $30,090,000 in fiscal year 2007 from the General Revenue | 79466 |
| Fund to appropriation item 110-900, Local Government Property Tax | 79467 |
| Replacement – Business (Fund 081) in the Revenue Distribution | 79468 |
| Fund. The funds shall be used to reimburse local taxing units | 79469 |
| under section 5751.22 of the Revised Code. | 79470 |
| Section 209.78.06. LOCAL GOVERNMENT SERVICES COLLABORATION | 79471 |
| GRANT PROGRAM | 79472 |
| (A) The Director of Development shall administer a Local | 79473 |
| Government Services Collaboration Grant Program. The Director may | 79474 |
| adopt rules under section 111.15 of the Revised Code and do all | 79475 |
| things necessary for that purpose. | 79476 |
| (B) There is hereby created in the State Treasury the Local | 79477 |
| Government Services Collaboration Grant Fund (Fund 088). The fund | 79478 |
| shall consist of all cash deposited to it pursuant to Section | 79479 |
| 557.12 of this act. The fund shall be used by the Director of | 79480 |
| Development in administering the Local Government Services | 79481 |
| Collaboration Grant Program. | 79482 |
| (C) The foregoing appropriation item 110-900, Local | 79483 |
| Government Services Collaboration, shall be used by the Director | 79484 |
| of Development to administer the Local Government Services | 79485 |
| Collaboration Grant Program. Moneys shall be used to provide | 79486 |
| grants to counties, municipal corporations, townships, and | 79487 |
| fire/ambulance districts that are interested in combining the | 79488 |
| provision of local government services with those of other | 79489 |
| counties, municipal corporations, townships, or fire/ambulance | 79490 |
| districts. Individual grant awards shall be used solely for the | 79491 |
| cost of conducting a feasibility study that addresses whether, and | 79492 |
| in what manner, counties, municipal corporations, townships, and | 79493 |
| fire/ambulance districts may combine their respective provisions | 79494 |
| of local government services. | 79495 |
| Individual grants shall be available on a competitive basis | 79496 |
| to a county, municipal corporation, township, or fire/ambulance | 79497 |
| district that proposes to combine its provision of local | 79498 |
| government services with those of at least two other counties, | 79499 |
| municipal corporations, townships, or fire/ambulance districts, or | 79500 |
| with any combination of at least two other counties, municipal | 79501 |
| corporations, townships, or fire/ambulance districts. Grants shall | 79502 |
| be awarded according to the following formula: | 79503 |
| (1) For a total of, or for any combination of, three | 79504 |
| counties, municipal corporations, townships, or fire/ambulance | 79505 |
| districts, the grant shall be equal to fifty per cent of the total | 79506 |
| cost of the feasibility study; | 79507 |
| (2) For a total of, or for any combination of, four counties, | 79508 |
| municipal corporations, townships, or fire/ambulance districts, | 79509 |
| the grant shall be equal to sixty per cent of the total cost of | 79510 |
| the feasibility study; | 79511 |
| (3) For a total of, or for any combination of, five counties, | 79512 |
| municipal corporations, townships, or fire/ambulance districts, | 79513 |
| the grant shall be equal to seventy per cent of the total cost of | 79514 |
| the feasibility study; | 79515 |
| (4) For a total of, or for any combination of six counties, | 79516 |
| municipal corporations, townships, or fire/ambulance districts, | 79517 |
| the grant shall be equal to eighty per cent of the total cost of | 79518 |
| the feasibility study; | 79519 |
| (5) For a total of, or for any combination of, seven | 79520 |
| counties, municipal corporations, townships, or fire/ambulance | 79521 |
| districts, the grant shall be equal to ninety per cent of the | 79522 |
| total cost of the feasibility study; | 79523 |
| (6) For a total of, or for any combination of, eight or more | 79524 |
| counties, municipal corporations, townships, or fire/ambulance | 79525 |
| districts, the grant shall be equal to the total cost of the | 79526 |
| feasibility study. | 79527 |
| (D) Of the foregoing appropriation 110-900, Local Government | 79528 |
| Services Collaboration, not more than $100,000 over the biennium | 79529 |
| may be used by the Department of Development for operating | 79530 |
| expenditures in administering the Local Government Services | 79531 |
| Collaboration Grant Program. | 79532 |
| (E) Applicants for funding under the Local Government | 79533 |
| Services Collaboration Grant Program are encouraged to utilize the | 79534 |
| services of state-funded colleges and universities to conduct the | 79535 |
| feasibility studies referenced under this section. | 79536 |
| (F) As used in this section, "local government services" | 79537 |
| means services typically provided by a county, municipal | 79538 |
| corporation, township, or fire/ambulance district for the health, | 79539 |
| safety, and well-being of community residents and includes, but is | 79540 |
| not limited to, police and fire protection, 9-1-1 emergency | 79541 |
| service, trash collection, snow removal, road repair, and the | 79542 |
| provision of public utilities such as water and sewer services. | 79543 |
| (G) On or before June 30, 2006, the unencumbered balance of | 79544 |
| the foregoing appropriation item 110-900, Local Government | 79545 |
| Services Collaboration, for fiscal year 2006 is hereby | 79546 |
| appropriated for the same purpose for fiscal year 2007. | 79547 |
| Section 209.78.09. SMALL TOWNSHIP AND VILLAGE RELIEF FUND | 79548 |
| (A) The Small Township and Village Relief Fund (Fund 089) is | 79549 |
| hereby created in the state treasury. | 79550 |
| (B)(1) Notwithstanding any other provision of law to the | 79551 |
| contrary, on July 1, 2005, or as soon as possible thereafter, the | 79552 |
| Director of Budget and Management shall transfer up to $3,500,000 | 79553 |
| from the General Revenue Fund to the Small Township and Village | 79554 |
| Relief Fund. | 79555 |
| (2) Notwithstanding any other provision of law to the | 79556 |
| contrary, on July 1, 2006, or as soon as possible thereafter, the | 79557 |
| Director of Budget and Management shall transfer up to $6,500,000 | 79558 |
| from the General Revenue Fund to the Small Township and Village | 79559 |
| Relief Fund. | 79560 |
| (C) The Small Township and Village Relief Fund shall be used | 79561 |
| to aid eligible small townships and villages in providing | 79562 |
| essential services to residents. The Tax Commissioner shall adopt | 79563 |
| rules and determine the distribution method of the Small Township | 79564 |
| And Village Relief Fund (Fund 089). The tax commissioner shall | 79565 |
| take into account when determining the method of distributing | 79566 |
| funds to eligible townships and villages the following factors: | 79567 |
| (1) Townships with a population under 20,000 individuals | 79568 |
| under the most recent estimated federal census figures. | 79569 |
| (2) Townships with average or median property values must be | 79570 |
| less than the state average or median property tax values. | 79571 |
| (3) Villages with a population under 5,000 individuals under | 79572 |
| the most recent estimated federal census figures. | 79573 |
| Section 209.81. SAN BOARD OF SANITARIAN REGISTRATION | 79574 |
| General Services Fund Group | 79575 |
| 4K9 | 893-609 | Operating Expenses | $ | 134,279 | $ | 0 | 79576 | ||||
| TOTAL GSF General Services | 79577 | ||||||||||
| Fund Group | $ | 134,279 | $ | 0 | 79578 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 134,279 | $ | 0 | 79579 | ||||||
| Section 209.84. OSB OHIO STATE SCHOOL FOR THE BLIND | 79581 |
| General Revenue Fund | 79582 |
| GRF | 226-100 | Personal Services | $ | 6,469,841 | $ | 6,594,261 | 79583 | ||||
| GRF | 226-200 | Maintenance | $ | 704,162 | $ | 704,162 | 79584 | ||||
| GRF | 226-300 | Equipment | $ | 113,289 | $ | 113,289 | 79585 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,287,292 | $ | 7,411,712 | 79586 | ||||||
| General Services Fund Group | 79587 |
| 4H8 | 226-602 | Education Reform Grants | $ | 21,620 | $ | 21,620 | 79588 | ||||
| TOTAL GSF General Services | 79589 | ||||||||||
| Fund Group | $ | 21,620 | $ | 21,620 | 79590 | ||||||
| Federal Special Revenue Fund Group | 79591 |
| 3P5 | 226-643 | Medicaid Professional Services Reimbursement | $ | 180,000 | $ | 210,000 | 79592 | ||||
| 310 | 226-626 | Coordinating Unit | $ | 1,639,000 | $ | 1,639,000 | 79593 | ||||
| TOTAL FED Federal Special | 79594 | ||||||||||
| Revenue Fund Group | $ | 1,819,000 | $ | 1,849,000 | 79595 | ||||||
| State Special Revenue Fund Group | 79596 |
| 4M5 | 226-601 | Student Activity and Work Study | $ | 217,397 | $ | 217,397 | 79597 | ||||
| TOTAL SSR State Special Revenue | 79598 | ||||||||||
| Fund Group | $ | 217,397 | $ | 217,397 | 79599 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,345,309 | $ | 9,499,729 | 79600 | ||||||
| Section 209.87. OSD OHIO STATE SCHOOL FOR THE DEAF | 79602 |
| General Revenue Fund | 79603 |
| GRF | 221-100 | Personal Services | $ | 8,401,704 | $ | 8,401,704 | 79604 | ||||
| GRF | 221-200 | Maintenance | $ | 1,032,751 | $ | 1,032,751 | 79605 | ||||
| GRF | 221-300 | Equipment | $ | 222,500 | $ | 222,500 | 79606 | ||||
| TOTAL GRF General Revenue Fund | $ | 9,656,955 | $ | 9,656,955 | 79607 | ||||||
| General Services Fund Group | 79608 |
| 4M1 | 221-602 | Education Reform Grants | $ | 27,575 | $ | 27,575 | 79609 | ||||
| TOTAL GSF General Services | 79610 | ||||||||||
| Fund Group | $ | 27,575 | $ | 27,575 | 79611 | ||||||
| Federal Special Revenue Fund Group | 79612 |
| 3AD | 221-604 | VREAL Ohio | $ | 1,000,000 | $ | 1,000,000 | 79613 | ||||
| 3R0 | 221-684 | Medicaid Professional | $ | 35,000 | $ | 35,000 | 79614 | ||||
| Services Reimbursement | 79615 | ||||||||||
| 3Y1 | 221-686 | Early Childhood Grant | $ | 250,000 | $ | 250,000 | 79616 | ||||
| 311 | 221-625 | Coordinating Unit | $ | 1,062,426 | $ | 1,062,426 | 79617 | ||||
| TOTAL FED Federal Special | 79618 | ||||||||||
| Revenue Fund Group | $ | 2,347,426 | $ | 2,347,426 | 79619 | ||||||
| State Special Revenue Fund Group | 79620 |
| 4M0 | 221-601 | Educational Program | $ | 32,688 | $ | 32,688 | 79621 | ||||
| Expenses | 79622 | ||||||||||
| 5H6 | 221-609 | Even Start Fees & Gifts | $ | 59,800 | $ | 59,800 | 79623 | ||||
| TOTAL SSR State Special Revenue | 79624 | ||||||||||
| Fund Group | $ | 92,488 | $ | 92,488 | 79625 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,124,444 | $ | 12,124,444 | 79626 | ||||||
| EQUIPMENT | 79627 |
| Of the foregoing appropriation item 221-300, Equipment, up to | 79628 |
| $15,000 in fiscal year 2006 may be used by the Ohio School for the | 79629 |
| Deaf to purchase software for the documentation and tracking of | 79630 |
| students for increased accountability and data analysis for | 79631 |
| quality instruction. | 79632 |
| Section 209.90. SFC SCHOOL FACILITIES COMMISSION | 79633 |
| General Revenue Fund | 79634 |
| GRF | 230-428 | Lease Rental Payments | $ | 31,691,700 | $ | 31,603,200 | 79635 | ||||
| GRF | 230-908 | Common Schools General Obligation Debt Service | $ | 188,724,700 | $ | 224,911,500 | 79636 | ||||
| TOTAL GRF General Revenue Fund | $ | 220,416,400 | $ | 256,514,700 | 79637 | ||||||
| State Special Revenue Fund Group | 79638 |
| 5E3 | 230-644 | Operating Expenses | $ | 7,319,617 | $ | 7,691,485 | 79639 | ||||
| TOTAL SSR State Special Revenue | 79640 | ||||||||||
| Fund Group | $ | 7,319,617 | $ | 7,691,485 | 79641 | ||||||
| Lottery Profits Education Fund Group | 79642 |
| 020 | 230-620 | Career-Tech School Building Assistance | $ | 2,000,000 | $ | 2,000,000 | 79643 | ||||
| TOTAL LPE Lottery Profits | 79644 | ||||||||||
| Education Fund Group | $ | 2,000,000 | $ | 2,000,000 | 79645 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 229,736,017 | $ | 266,206,185 | 79646 | ||||||
| Section 209.90.03. LEASE RENTAL PAYMENTS | 79648 |
| The foregoing appropriation item 230-428, Lease Rental | 79649 |
| Payments, shall be used to meet all payments at the times they are | 79650 |
| required to be made during the period from July 1, 2005, to June | 79651 |
| 30, 2007, by the School Facilities Commission under leases and | 79652 |
| agreements made under section 3318.26 of the Revised Code, but | 79653 |
| limited to the aggregate amount of $63,294,900. Nothing in this | 79654 |
| act shall be deemed to contravene the obligation of the state to | 79655 |
| pay, without necessity for further appropriation, from the sources | 79656 |
| pledged thereto, the bond service charges on obligations issued | 79657 |
| under Chapter 3318. of the Revised Code. | 79658 |
| COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE | 79659 |
| The foregoing appropriation item 230-908, Common Schools | 79660 |
| General Obligation Debt Service, shall be used to pay all debt | 79661 |
| service and related financing costs at the times they are required | 79662 |
| to be made under sections 151.01 and 151.03 of the Revised Code | 79663 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 79664 |
| of the Sinking Fund or the Director of Budget and Management shall | 79665 |
| effectuate the required payments by an intrastate transfer | 79666 |
| voucher. | 79667 |
| OPERATING EXPENSES | 79668 |
| The foregoing appropriation item 230-644, Operating Expenses, | 79669 |
| shall be used by the Ohio School Facilities Commission to carry | 79670 |
| out its responsibilities under this section and Chapter 3318. of | 79671 |
| the Revised Code. | 79672 |
| In both fiscal years 2006 and 2007, the Executive Director of | 79673 |
| the Ohio School Facilities Commission shall certify on a quarterly | 79674 |
| basis to the Director of Budget and Management the amount of cash | 79675 |
| from interest earnings to be transferred from the School Building | 79676 |
| Assistance Fund (Fund 032), the Public School Building Fund (Fund | 79677 |
| 021), and the Educational Facilities Trust Fund (Fund N87) to the | 79678 |
| Ohio School Facilities Commission Fund (Fund 5E3). The amount | 79679 |
| transferred may not exceed investment earnings credited to the | 79680 |
| School Building Assistance Fund (Fund 032), less any amount | 79681 |
| required to be paid for federal arbitage rebate purposes. | 79682 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 79683 |
| At the request of the Executive Director of the Ohio School | 79684 |
| Facilities Commission, the Director of Budget and Management may | 79685 |
| cancel encumbrances for school district projects from a previous | 79686 |
| biennium if the district has not raised its local share of project | 79687 |
| costs within one year of receiving Controlling Board approval | 79688 |
| under section 3318.05 of the Revised Code. The Executive Director | 79689 |
| of the Ohio School Facilities Commission shall certify the amounts | 79690 |
| of the canceled encumbrances to the Director of Budget and | 79691 |
| Management on a quarterly basis. The amounts of the canceled | 79692 |
| encumbrances are hereby appropriated. | 79693 |
| Section 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF | 79694 |
| SCHOOL FACILITIES | 79695 |
| Notwithstanding any other provision of law to the contrary, | 79696 |
| the School Facilities Commission may provide assistance under the | 79697 |
| Exceptional Needs School Facilities Program established in section | 79698 |
| 3318.37 of the Revised Code to any school district, and not | 79699 |
| exclusively to a school district in the lowest fifty per cent of | 79700 |
| adjusted valuation per pupil on the current ranking of school | 79701 |
| districts established under section 3317.02 of the Revised Code, | 79702 |
| for the purpose of the relocation or replacement of school | 79703 |
| facilities required as a result of extreme environmental | 79704 |
| contamination. | 79705 |
| The School Facilities Commission shall contract with an | 79706 |
| independent environmental consultant to conduct a study and to | 79707 |
| report to the commission as to the seriousness of the | 79708 |
| environmental contamination, whether the contamination violates | 79709 |
| applicable state and federal standards, and whether the facilities | 79710 |
| are no longer suitable for use as school facilities. The | 79711 |
| commission then shall make a determination regarding funding for | 79712 |
| the relocation or replacement of the school facilities. If the | 79713 |
| federal government or other public or private entity provides | 79714 |
| funds for restitution of costs incurred by the state or school | 79715 |
| district in the relocation or replacement of the school | 79716 |
| facilities, the school district shall use such funds in excess of | 79717 |
| the school district's share to refund the state for the state's | 79718 |
| contribution to the environmental contamination portion of the | 79719 |
| project. The school district may apply an amount of such | 79720 |
| restitution funds up to an amount equal to the school district's | 79721 |
| portion of the project, as defined by the commission, toward | 79722 |
| paying its portion of that project to reduce the amount of bonds | 79723 |
| the school district otherwise must issue to receive state | 79724 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 79725 |
| Section 209.90.09. CANTON CITY SCHOOL DISTRICT PROJECT | 79726 |
| (A) The Ohio School Facilities Commission may commit up to | 79727 |
| thirty-five million dollars to the Canton City School District for | 79728 |
| construction of a facility described in this section, in lieu of a | 79729 |
| high school that would otherwise be authorized under Chapter 3318. | 79730 |
| of the Revised Code. The Commission shall not commit funds under | 79731 |
| this section unless all of the following conditions are met: | 79732 |
| (1) The District has entered into a cooperative agreement | 79733 |
| with a state-assisted technical college. | 79734 |
| (2) The District has received an irrevocable commitment of | 79735 |
| additional funding from nonpublic sources. | 79736 |
| (3) The facility is intended to serve both secondary and | 79737 |
| postsecondary instructional purposes. | 79738 |
| (B) The Commission shall enter into an agreement with the | 79739 |
| District for the construction of the facility authorized under | 79740 |
| this section that is separate from and in addition to the | 79741 |
| agreement required for the District's participation in the | 79742 |
| Classroom Facilities Assistance Program under section 3318.08 of | 79743 |
| the Revised Code. Notwithstanding that section and sections | 79744 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 79745 |
| agreement shall provide, but not be limited to, the following: | 79746 |
| (1) The Commission shall not have any oversight | 79747 |
| responsibilities over the construction of the facility. | 79748 |
| (2) The facility need not comply with the specifications for | 79749 |
| plans and materials for high schools adopted by the Commission. | 79750 |
| (3) The Commission may decrease the basic project cost that | 79751 |
| would otherwise be calculated for a high school under Chapter | 79752 |
| 3318. of the Revised Code. | 79753 |
| (4) The state shall not share in any increases in the basic | 79754 |
| project cost for the facility above the amount authorized under | 79755 |
| this section. | 79756 |
| All other provisions of Chapter 3318. of the Revised Code | 79757 |
| apply to the approval and construction of a facility authorized | 79758 |
| under this section. | 79759 |
| The state funds committed to the facility authorized by this | 79760 |
| section shall be part of the total amount the state commits to the | 79761 |
| Canton City School District under Chapter 3318. of the Revised | 79762 |
| Code. All additional state funds committed to the Canton City | 79763 |
| School District for classroom facilities assistance shall be | 79764 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 79765 |
| Section 209.93. SOS SECRETARY OF STATE | 79766 |
| General Revenue Fund | 79767 |
| GRF | 050-321 | Operating Expenses | $ | 2,585,000 | $ | 2,585,000 | 79768 | ||||
| GRF | 050-403 | Election Statistics | $ | 103,936 | $ | 103,936 | 79769 | ||||
| GRF | 050-407 | Pollworkers Training | $ | 277,977 | $ | 277,977 | 79770 | ||||
| GRF | 050-409 | Litigation Expenditures | $ | 4,652 | $ | 4,652 | 79771 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,971,585 | $ | 2,971,585 | 79772 | ||||||
| General Services Fund Group | 79773 |
| 4S8 | 050-610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 79774 | ||||
| 412 | 050-609 | Notary Commission | $ | 685,250 | $ | 685,249 | 79775 | ||||
| 413 | 050-601 | Information Systems | $ | 169,955 | $ | 169,955 | 79776 | ||||
| 414 | 050-602 | Citizen Education Fund | $ | 75,700 | $ | 55,712 | 79777 | ||||
| TOTAL General Services Fund Group | $ | 938,105 | $ | 918,116 | 79778 | ||||||
| Federal Special Revenue Fund Group | 79779 |
| 3AS | 050-616 | 2005 HAVA Voting Machines | $ | 37,436,203 | $ | 0 | 79780 | ||||
| 3X4 | 050-612 | Ohio Center/Law Related Educational Grant | $ | 41,000 | $ | 41,000 | 79781 | ||||
| TOTAL FED Federal Special Revenue | 79782 | ||||||||||
| Fund Group | $ | 37,477,203 | $ | 41,000 | 79783 | ||||||
| State Special Revenue Fund Group | 79784 |
| 5N9 | 050-607 | Technology Improvements | $ | 129,565 | $ | 129,565 | 79785 | ||||
| 599 | 050-603 | Business Services Operating Expenses | $ | 13,741,745 | $ | 13,761,734 | 79786 | ||||
| TOTAL SSR State Special Revenue | 79787 | ||||||||||
| Fund Group | $ | 13,871,310 | $ | 13,891,299 | 79788 | ||||||
| Holding Account Redistribution Fund Group | 79789 |
| R01 | 050-605 | Uniform Commercial Code Refunds | $ | 65,000 | $ | 65,000 | 79790 | ||||
| R02 | 050-606 | Corporate/Business Filing Refunds | $ | 100,000 | $ | 100,000 | 79791 | ||||
| TOTAL 090 Holding Account | 79792 | ||||||||||
| Redistribution Fund Group | $ | 165,000 | $ | 165,000 | 79793 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 55,423,203 | $ | 17,987,000 | 79794 | ||||||
| BOARD OF VOTING MACHINE EXAMINERS | 79795 |
| The foregoing appropriation item 050-610, Board of Voting | 79796 |
| Machine Examiners, shall be used to pay for the services and | 79797 |
| expenses of the members of the Board of Voting Machine Examiners, | 79798 |
| and for other expenses that are authorized to be paid from the | 79799 |
| Board of Voting Machine Examiners Fund, which is created in | 79800 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 79801 |
| returned to the person or entity submitting the equipment for | 79802 |
| examination. If it is determined that additional appropriations | 79803 |
| are necessary, such amounts are appropriated. | 79804 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 79805 |
| The foregoing appropriation items 050-605 and 050-606, | 79806 |
| Holding Account Redistribution Fund Group, shall be used to hold | 79807 |
| revenues until they are directed to the appropriate accounts or | 79808 |
| until they are refunded. If it is determined that additional | 79809 |
| appropriations are necessary, such amounts are appropriated. | 79810 |
| Section 209.96. SEN THE OHIO SENATE | 79811 |
| General Revenue Fund | 79812 |
| GRF | 020-321 | Operating Expenses | $ | 11,546,357 | $ | 11,661,821 | 79813 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,546,357 | $ | 11,661,821 | 79814 | ||||||
| General Services Fund Group | 79815 |
| 102 | 020-602 | Senate Reimbursement | $ | 444,025 | $ | 444,025 | 79816 | ||||
| 409 | 020-601 | Miscellaneous Sales | $ | 34,155 | $ | 34,155 | 79817 | ||||
| TOTAL GSF General Services | 79818 | ||||||||||
| Fund Group | $ | 478,180 | $ | 478,180 | 79819 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,024,537 | $ | 12,140,001 | 79820 | ||||||
| OPERATING EXPENSES | 79821 |
| On July 1, 2005, or as soon as possible thereafter, the Clerk | 79822 |
| of the Senate shall certify to the Director of Budget and | 79823 |
| Management the total fiscal year 2005 unencumbered appropriations | 79824 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 79825 |
| direct the Director of Budget and Management to transfer an amount | 79826 |
| not to exceed the total fiscal year 2005 unencumbered | 79827 |
| appropriations to fiscal year 2006 for use within appropriation | 79828 |
| item 020-321, Operating Expenses. Additional appropriation | 79829 |
| authority equal to the amount certified by the Clerk is hereby | 79830 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 79831 |
| fiscal year 2006. | 79832 |
| On July 1, 2006, or as soon as possible thereafter, the Clerk | 79833 |
| of the Senate shall certify to the Director of Budget and | 79834 |
| Management the total fiscal year 2006 unencumbered appropriations | 79835 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 79836 |
| direct the Director of Budget and Management to transfer an amount | 79837 |
| not to exceed the total fiscal year 2006 unencumbered | 79838 |
| appropriations to fiscal year 2007 for use within appropriation | 79839 |
| item 020-321, Operating Expenses. Additional appropriation | 79840 |
| authority equal to the amount certified by the Clerk is hereby | 79841 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 79842 |
| fiscal year 2007. | 79843 |
| Section 209.99. CSF COMMISSIONERS OF THE SINKING FUND | 79844 |
| Debt Service Fund Group | 79845 |
| 072 | 155-902 | Highway Capital Improvements Bond Retirement Fund | $ | 180,620,600 | $ | 196,464,900 | 79846 | ||||
| 073 | 155-903 | Natural Resources Bond Retirement Fund | $ | 26,166,000 | $ | 24,659,100 | 79847 | ||||
| 074 | 155-904 | Conservation Projects Bond Service Fund | $ | 14,687,300 | $ | 17,668,800 | 79848 | ||||
| 076 | 155-906 | Coal Research and Development Bond Retirement Fund | $ | 7,071,100 | $ | 8,980,800 | 79849 | ||||
| 077 | 155-907 | State Capital Improvements Bond Retirement Fund | $ | 163,131,400 | $ | 174,545,100 | 79850 | ||||
| 078 | 155-908 | Common Schools Bond Retirement Fund | $ | 200,724,700 | $ | 236,911,500 | 79851 | ||||
| 079 | 155-909 | Higher Education Bond Retirement Fund | $ | 140,600,300 | $ | 158,114,100 | 79852 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 733,001,400 | $ | 817,344,300 | 79853 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 733,001,400 | $ | 817,344,300 | 79854 | ||||||
| ADDITIONAL APPROPRIATIONS | 79855 |
| Appropriation items in this section are for the purpose of | 79856 |
| paying debt service and financing costs on bonds or notes of the | 79857 |
| state issued under the Ohio Constitution and acts of the General | 79858 |
| Assembly. If it is determined that additional appropriations are | 79859 |
| necessary for this purpose, such amounts are appropriated. | 79860 |
| COMMISSIONER OF THE SINKING FUND HIGHWAY BOND TRANSFER | 79861 |
| AUTHORIZATION | 79862 |
| Notwithstanding any other provision of law to the contrary, | 79863 |
| the Commissioners of the Sinking Fund shall certify to the | 79864 |
| Director of Budget and Management, and the director shall then | 79865 |
| transfer, the cash balance remaining after provision for the | 79866 |
| payment of all outstanding bonds, notes, coupons, and charges from | 79867 |
| the Highway Obligation Bond Retirement Fund (Fund 071) to the | 79868 |
| Highway Capital Improvements Bond Service Fund (Fund 072), created | 79869 |
| by section 151.06 of the Revised Code, as expeditiously as | 79870 |
| possible after the effective date of this section. | 79871 |
| Section 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 79872 |
| AUDIOLOGY | 79873 |
| General Services Fund Group | 79874 |
| 4K9 | 886-609 | Operating Expenses | $ | 408,864 | $ | 0 | 79875 | ||||
| TOTAL GSF General Services | 79876 | ||||||||||
| Fund Group | $ | 408,864 | $ | 0 | 79877 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 408,864 | $ | 0 | 79878 | ||||||
| Section 212.06. BTA BOARD OF TAX APPEALS | 79880 |
| General Revenue Fund | 79881 |
| GRF | 116-321 | Operating Expenses | $ | 2,155,055 | $ | 2,211,035 | 79882 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,155,055 | $ | 2,211,035 | 79883 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,155,055 | $ | 2,211,035 | 79884 | ||||||
| Section 212.09. TAX DEPARTMENT OF TAXATION | 79886 |
| General Revenue Fund | 79887 |
| GRF | 110-321 | Operating Expenses | $ | 91,439,754 | $ | 91,439,754 | 79888 | ||||
| GRF | 110-412 | Child Support Administration | $ | 71,988 | $ | 71,988 | 79889 | ||||
| GRF | 110-901 | Property Tax Allocation - Taxation | $ | 430,102,680 | $ | 409,946,241 | 79890 | ||||
| GRF | 110-906 | Tangible Tax Exemption - Taxation | $ | 18,355,923 | $ | 13,766,942 | 79891 | ||||
| TOTAL GRF General Revenue Fund | $ | 539,970,345 | $ | 515,224,925 | 79892 | ||||||
| Agency Fund Group | 79893 |
| 095 | 110-901 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 79894 | ||||
| 425 | 110-635 | Tax Refunds | $ | 1,483,900,000 | $ | 1,582,700,000 | 79895 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,504,900,000 | $ | 1,603,700,000 | 79896 | ||||||
| General Services Fund Group | 79897 |
| 228 | 110-628 | Tax Reform System Implementation | $ | 7,000,000 | $ | 7,000,000 | 79898 | ||||
| 433 | 110-602 | Tape File Account | $ | 96,165 | $ | 96,165 | 79899 | ||||
| 5BW | 110-630 | Tax Amnesty Promotion and Administration | $ | 2,000,000 | $ | 0 | 79900 | ||||
| 5W4 | 110-625 | Centralized Tax Filing and Payment | $ | 2,500,000 | $ | 2,000,000 | 79901 | ||||
| 5W7 | 110-627 | Exempt Facility Administration | $ | 36,000 | $ | 36,000 | 79902 | ||||
| TOTAL GSF General Services | 79903 | ||||||||||
| Fund Group | $ | 11,632,165 | $ | 9,132,165 | 79904 | ||||||
| Federal Special Revenue Fund Group | 79905 |
| 3J6 | 110-601 | Motor Fuel Compliance | $ | 25,000 | $ | 25,000 | 79906 | ||||
| TOTAL FED Federal Special Revenue | 79907 | ||||||||||
| Fund Group | $ | 25,000 | $ | 25,000 | 79908 | ||||||
| State Special Revenue Fund Group | 79909 |
| 4C6 | 110-616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 79910 | ||||
| 4R6 | 110-610 | Tire Tax Administration | $ | 65,000 | $ | 65,000 | 79911 | ||||
| 435 | 110-607 | Local Tax Administration | $ | 15,880,987 | $ | 16,394,879 | 79912 | ||||
| 436 | 110-608 | Motor Vehicle Audit | $ | 1,350,000 | $ | 1,350,000 | 79913 | ||||
| 437 | 110-606 | Litter Tax and Natural Resource Tax Administration | $ | 625,232 | $ | 625,232 | 79914 | ||||
| 438 | 110-609 | School District Income Tax | $ | 2,599,999 | $ | 2,599,999 | 79915 | ||||
| 5BQ | 110-629 | Commercial Activity Tax Administration | $ | 6,000,000 | $ | 500,000 | 79916 | ||||
| 5N5 | 110-605 | Municipal Income Tax Administration | $ | 265,000 | $ | 265,000 | 79917 | ||||
| 5N6 | 110-618 | Kilowatt Hour Tax Administration | $ | 85,000 | $ | 85,000 | 79918 | ||||
| 5V7 | 110-622 | Motor Fuel Tax Administration | $ | 4,268,345 | $ | 4,397,263 | 79919 | ||||
| 5V8 | 110-623 | Property Tax Administration | $ | 12,758,643 | $ | 12,967,102 | 79920 | ||||
| 639 | 110-614 | Cigarette Tax Enforcement | $ | 168,925 | $ | 168,925 | 79921 | ||||
| 642 | 110-613 | Ohio Political Party Distributions | $ | 600,000 | $ | 600,000 | 79922 | ||||
| 688 | 110-615 | Local Excise Tax Administration | $ | 300,000 | $ | 300,000 | 79923 | ||||
| TOTAL SSR State Special Revenue | 79924 | ||||||||||
| Fund Group | $ | 45,673,986 | $ | 41,025,255 | 79925 | ||||||
| Holding Account Redistribution Fund Group | 79926 |
| R10 | 110-611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 79927 | ||||
| R11 | 110-612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 79928 | ||||
| TOTAL 090 Holding Account | 79929 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 79930 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,102,301,496 | $ | 2,169,207,345 | 79931 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 79932 |
| EXEMPTION | 79933 |
| The foregoing appropriation item 110-901, Property Tax | 79934 |
| Allocation - Taxation, is hereby appropriated to pay for the | 79935 |
| state's costs incurred because of the Homestead Exemption, the | 79936 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 79937 |
| Rollback. The Tax Commissioner shall distribute these funds | 79938 |
| directly to the appropriate local taxing districts, except for | 79939 |
| school districts, notwithstanding the provisions in sections | 79940 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 79941 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 79942 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 79943 |
| appropriate county treasurer and the subsequent redistribution of | 79944 |
| these funds to the appropriate local taxing districts by the | 79945 |
| county auditor. | 79946 |
| The foregoing appropriation item 110-906, Tangible Tax | 79947 |
| Exemption - Taxation, is hereby appropriated to pay for the | 79948 |
| state's costs incurred because of the tangible personal property | 79949 |
| tax exemption required by division (C)(3) of section 5709.01 of | 79950 |
| the Revised Code. The Tax Commissioner shall distribute to each | 79951 |
| county treasurer the total amount appearing in the notification | 79952 |
| from the county treasurer under division (G) of section 321.24 of | 79953 |
| the Revised Code for all local taxing districts located in the | 79954 |
| county except for school districts, notwithstanding the provision | 79955 |
| in section 321.24 of the Revised Code which provides for payment | 79956 |
| of the $10,000 tangible personal property tax exemption by the Tax | 79957 |
| Commissioner to the appropriate county treasurer for all local | 79958 |
| taxing districts located in the county including school districts. | 79959 |
| The county auditor shall distribute the amount paid by the Tax | 79960 |
| Commissioner among the appropriate local taxing districts except | 79961 |
| for school districts under division (G) of section 321.24 of the | 79962 |
| Revised Code. | 79963 |
| Upon receipt of these amounts, each local taxing district | 79964 |
| shall distribute the amount among the proper funds as if it had | 79965 |
| been paid as real or tangible personal property taxes. Payments | 79966 |
| for the costs of administration shall continue to be paid to the | 79967 |
| county treasurer and county auditor as provided for in sections | 79968 |
| 319.54, 321.26, and 323.156 of the Revised Code. | 79969 |
| Any sums, in addition to the amounts specifically | 79970 |
| appropriated in appropriation items 110-901, Property Tax | 79971 |
| Allocation - Taxation, for the Homestead Exemption, the | 79972 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 79973 |
| Rollback payments, and 110-906, Tangible Tax Exemption - Taxation, | 79974 |
| for the $10,000 tangible personal property tax exemption payments, | 79975 |
| which are determined to be necessary for these purposes, are | 79976 |
| hereby appropriated. | 79977 |
| MUNICIPAL INCOME TAX | 79978 |
| The foregoing appropriation item 110-901, Municipal Income | 79979 |
| Tax, shall be used to make payments to municipal corporations | 79980 |
| under section 5745.05 of the Revised Code. If it is determined | 79981 |
| that additional appropriations are necessary to make these | 79982 |
| payments, such amounts are hereby appropriated. | 79983 |
| TAX REFUNDS | 79984 |
| The foregoing appropriation item 110-635, Tax Refunds, shall | 79985 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 79986 |
| If it is determined that additional appropriations are necessary | 79987 |
| for this purpose, such amounts are hereby appropriated. | 79988 |
| TAX REFORM SYSTEM IMPLEMENTATION FUND | 79989 |
| Notwithstanding section 3734.9010, division (B)(2)(c) of | 79990 |
| section 4505.09, division (B) of section 5703.12, section 5703.80, | 79991 |
| division (C)(6) of section 5727.81, sections 5733.122 and | 79992 |
| 5735.053, division (C) of section 5739.21, section 5745.03, | 79993 |
| division (C) of section 5747.03, and section 5747.113 of the | 79994 |
| Revised Code and any other statutory provision to the contrary, | 79995 |
| any residual cash balances determined and certified by the Tax | 79996 |
| Commissioner to the Director of Budget and Management shall be | 79997 |
| transferred on July 1, 2005, or as soon as possible thereafter, to | 79998 |
| the Tax Reform System Implementation Fund (Fund 228), which is | 79999 |
| hereby created in the State Treasury. The fund shall be used to | 80000 |
| pay expenses incurred by the Department of Taxation in providing | 80001 |
| an integrated tax system that will accommodate the needs of tax | 80002 |
| reform and allow for improved customer service, processing | 80003 |
| efficiency, compliance enforcement, and reporting. | 80004 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 80005 |
| The foregoing appropriation item 110-616, International | 80006 |
| Registration Plan, shall be used under section 5703.12 of the | 80007 |
| Revised Code for audits of persons with vehicles registered under | 80008 |
| the International Registration Plan. | 80009 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 80010 |
| Of the foregoing appropriation item 110-607, Local Tax | 80011 |
| Administration, the Tax Commissioner may disburse funds, if | 80012 |
| available, for the purposes of paying travel expenses incurred by | 80013 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 80014 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 80015 |
| expense reimbursement paid for by the Department of Taxation shall | 80016 |
| be done in accordance with applicable state laws and guidelines. | 80017 |
| LITTER CONTROL TAX ADMINISTRATION FUND | 80018 |
| Notwithstanding section 5733.12 of the Revised Code, during | 80019 |
| the period from July 1, 2005, to June 30, 2006, the amount of | 80020 |
| $625,232, and during the period from July 1, 2006, to June 30, | 80021 |
| 2007, the amount of $625,232, received by the Tax Commissioner | 80022 |
| under Chapter 5733. of the Revised Code, shall be credited to the | 80023 |
| Litter Control Tax Administration Fund (Fund 437). | 80024 |
| TAX AMNESTY PROMOTION AND ADMINISTRATION | 80025 |
| The foregoing appropriation item 110-630, Tax Amnesty | 80026 |
| Promotion and Administration, shall be used to pay expenses | 80027 |
| incurred to promote and administer the tax amnesty program run | 80028 |
| from November 1, 2005, through December 15, 2005, by the | 80029 |
| Department of Taxation. The Department of Taxation and Attorney | 80030 |
| General's Office shall work in close collaboration on promotion | 80031 |
| activities in relation to the Tax Amnesty Promotion and | 80032 |
| Administration program. | 80033 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 80034 |
| The Director of Budget and Management, under a plan submitted | 80035 |
| by the Tax Commissioner, or as otherwise determined by the | 80036 |
| Director of Budget and Management, shall set a schedule to | 80037 |
| transfer cash from the General Revenue Fund to the credit of the | 80038 |
| Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers | 80039 |
| of cash shall not exceed $4,500,000 in the biennium. | 80040 |
| COMMERCIAL ACTIVITY TAX ADMINISTRATION | 80041 |
| The foregoing appropriation item 110-629, Commercial Activity | 80042 |
| Tax Administration, shall be used to pay expenses incurred by the | 80043 |
| Department of Taxation to implement and administer the Commercial | 80044 |
| Activity Tax under Chapter 5751. of the Revised Code. | 80045 |
| Section 212.12. DOT DEPARTMENT OF TRANSPORTATION | 80046 |
| 80047 |
| General Revenue Fund | 80048 |
| GRF | 775-451 | Public Transportation - State | $ | 16,300,000 | $ | 16,300,000 | 80049 | ||||
| GRF | 776-465 | Ohio Rail Development Commission | $ | 2,700,000 | $ | 2,700,000 | 80050 | ||||
| GRF | 776-466 | Railroad Crossing/Grade Separation | $ | 789,600 | $ | 789,600 | 80051 | ||||
| GRF | 777-471 | Airport Improvements - State | $ | 1,793,985 | $ | 1,793,985 | 80052 | ||||
| GRF | 777-473 | Rickenbacker Lease Payments - State | $ | 594,500 | $ | 320,300 | 80053 | ||||
| TOTAL GRF General Revenue Fund | $ | 22,178,085 | $ | 21,903,885 | 80054 | ||||||
| Federal Special Revenue Fund Group | 80055 |
| 3B9 | 776-662 | Rail Transportation - Federal | $ | 10,000 | $ | 10,000 | 80056 | ||||
| TOTAL FSR Federal Special Revenue | 80057 | ||||||||||
| Fund Group | $ | 10,000 | $ | 10,000 | 80058 | ||||||
| State Special Revenue Fund Group | 80059 |
| 4N4 | 776-663 | Panhandle Lease Reserve Payments | $ | 764,400 | $ | 764,400 | 80060 | ||||
| 4N4 | 776-664 | Rail Transportation - Other | $ | 2,111,500 | $ | 2,111,500 | 80061 | ||||
| 5W9 | 777-615 | County Airport Maintenance Assistance | $ | 570,000 | $ | 570,000 | 80062 | ||||
| TOTAL SSR State Special Revenue | 80063 | ||||||||||
| Fund Group | $ | 3,445,900 | $ | 3,445,900 | 80064 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 25,633,985 | $ | 25,359,785 | 80065 | ||||||
| ELDERLY AND DISABLED FARE ASSISTANCE | 80066 |
| Of the foregoing appropriation item 775-451, Public | 80067 |
| Transportation - State, up to $6,000,000 in fiscal year 2006 and | 80068 |
| $7,000,000 in fiscal year 2007 may be used to make grants to | 80069 |
| county transit boards, regional transit authorities, regional | 80070 |
| transit commissions, counties, municipal corporations, and private | 80071 |
| nonprofit organizations that operate or will operate public | 80072 |
| transportation systems, for the purpose of reducing the transit | 80073 |
| fares of elderly or disabled persons. The Director of | 80074 |
| Transportation shall establish criteria for the distribution of | 80075 |
| these grants under division (B) of section 5501.07 of the Revised | 80076 |
| Code. | 80077 |
| AVIATION LEASE PAYMENTS | 80078 |
| The foregoing appropriation item 777-473, Rickenbacker Lease | 80079 |
| Payments - State, shall be used to meet scheduled payments for the | 80080 |
| Rickenbacker Port Authority. The Director of Transportation shall | 80081 |
| certify to the Director of Budget and Management any | 80082 |
| appropriations in appropriation item 777-473, Rickenbacker Lease | 80083 |
| Payments - State, that are not needed to make lease payments for | 80084 |
| the Rickenbacker Port Authority. Notwithstanding section 127.14 of | 80085 |
| the Revised Code, the amount certified may be transferred by the | 80086 |
| Director of Budget and Management to appropriation item 777-471, | 80087 |
| Airport Improvements - State. | 80088 |
| Section 212.15. TOS TREASURER OF STATE | 80089 |
| General Revenue Fund | 80090 |
| GRF | 090-321 | Operating Expenses | $ | 9,041,937 | $ | 9,041,937 | 80091 | ||||
| GRF | 090-401 | Office of the Sinking | $ | 521,576 | $ | 521,576 | 80092 | ||||
| Fund | 80093 | ||||||||||
| GRF | 090-402 | Continuing Education | $ | 435,770 | $ | 435,770 | 80094 | ||||
| GRF | 090-524 | Police and Fire | $ | 25,000 | $ | 20,000 | 80095 | ||||
| Disability Pension Fund | 80096 | ||||||||||
| GRF | 090-534 | Police & Fire Ad Hoc Cost | $ | 180,000 | $ | 150,000 | 80097 | ||||
| of Living | 80098 | ||||||||||
| GRF | 090-554 | Police and Fire Survivor | $ | 1,100,000 | $ | 1,000,000 | 80099 | ||||
| Benefits | 80100 | ||||||||||
| GRF | 090-575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 80101 | ||||
| Benefits | 80102 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 31,304,283 | $ | 31,169,283 | 80103 | ||||||
| Agency Fund Group | 80104 |
| 425 | 090-635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 80105 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 80106 | ||||||
| General Services Fund Group | 80107 |
| 4E9 | 090-603 | Securities Lending Income | $ | 2,721,800 | $ | 2,814,000 | 80108 | ||||
| 577 | 090-605 | Investment Pool | $ | 550,000 | $ | 550,000 | 80109 | ||||
| Reimbursement | 80110 | ||||||||||
| 605 | 090-609 | Treasurer of State | $ | 700,000 | $ | 700,000 | 80111 | ||||
| Administrative Fund | 80112 | ||||||||||
| TOTAL GSF General Services | 80113 | ||||||||||
| Fund Group | $ | 3,971,800 | $ | 4,064,000 | 80114 | ||||||
| State Special Revenue Fund Group | 80115 |
| 5C5 | 090-602 | County Treasurer Education | $ | 135,000 | $ | 135,000 | 80116 | ||||
| TOTAL SSR State Special Revenue | 80117 | ||||||||||
| Fund Group | $ | 135,000 | $ | 135,000 | 80118 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,411,083 | $ | 66,368,283 | 80119 | ||||||
| Section 212.15.03. OFFICE OF THE SINKING FUND | 80121 |
| The foregoing appropriation item 090-401, Office of the | 80122 |
| Sinking Fund, shall be used for financing and other costs incurred | 80123 |
| by or on behalf of the Commissioners of the Sinking Fund, the Ohio | 80124 |
| Public Facilities Commission or its secretary, or the Treasurer of | 80125 |
| State, with respect to State of Ohio general obligation bonds or | 80126 |
| notes, including, but not limited to, printing, advertising, | 80127 |
| delivery, rating fees and the procurement of ratings, professional | 80128 |
| publications, membership in professional organizations, and | 80129 |
| services referred to in division (D) of section 151.01 of the | 80130 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 80131 |
| such costs by intrastate transfer voucher pursuant to a | 80132 |
| certification by the Office of the Sinking Fund of the actual | 80133 |
| amounts used. The amounts necessary to make such reimbursements | 80134 |
| are appropriated from the general obligation bond retirement funds | 80135 |
| created by the Constitution and laws to the extent such costs are | 80136 |
| incurred. | 80137 |
| POLICE AND FIRE DEATH BENEFIT FUND | 80138 |
| The foregoing appropriation item 090-575, Police and Fire | 80139 |
| Death Benefits, shall be disbursed annually by the Treasurer of | 80140 |
| State at the beginning of each fiscal year to the Board of | 80141 |
| Trustees of the Ohio Police and Fire Pension Fund. By the | 80142 |
| twentieth day of June of each fiscal year, the Board of Trustees | 80143 |
| of the Ohio Police and Fire Pension Fund shall certify to the | 80144 |
| Treasurer of State the amount disbursed in the current fiscal year | 80145 |
| to make the payments required by section 742.63 of the Revised | 80146 |
| Code and shall return to the Treasurer of State moneys received | 80147 |
| from this appropriation item but not disbursed. | 80148 |
| TAX REFUNDS | 80149 |
| The foregoing appropriation item 090-635, Tax Refunds, shall | 80150 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 80151 |
| If the Director of Budget and Management determines that | 80152 |
| additional amounts are necessary for this purpose, such amounts | 80153 |
| are hereby appropriated. | 80154 |
| Section 212.18. UST PETROLEUM UNDERGROUND STORAGE TANK | 80155 |
| Agency Fund Group | 80156 |
| 691 | 810-632 | PUSTRCB Staff | $ | 1,075,158 | $ | 1,116,658 | 80157 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,075,158 | $ | 1,116,658 | 80158 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,075,158 | $ | 1,116,658 | 80159 | ||||||
| Section 212.21. TTA OHIO TUITION TRUST AUTHORITY | 80161 |
| State Special Revenue Fund Group | 80162 |
| 5AM | 095-603 | Index Savings Plan | $ | 2,866,240 | $ | 3,104,865 | 80163 | ||||
| 5P3 | 095-602 | Variable College Savings Fund | $ | 2,042,486 | $ | 2,118,568 | 80164 | ||||
| 645 | 095-601 | Operating Expenses | $ | 807,260 | $ | 891,173 | 80165 | ||||
| TOTAL SSR State Special Revenue | 80166 | ||||||||||
| Fund Group | $ | 5,715,986 | $ | 6,114,606 | 80167 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,715,986 | $ | 6,114,606 | 80168 | ||||||
| Section 212.24. OVH OHIO VETERANS' HOME | 80170 |
| General Revenue Fund | 80171 |
| GRF | 430-100 | Personal Services | $ | 19,685,007 | $ | 19,989,167 | 80172 | ||||
| GRF | 430-200 | Maintenance | $ | 6,396,200 | $ | 6,396,200 | 80173 | ||||
| TOTAL GRF General Revenue Fund | $ | 26,081,207 | $ | 26,385,367 | 80174 | ||||||
| General Services Fund Group | 80175 |
| 484 | 430-603 | Rental and Service Revenue | $ | 882,737 | $ | 882,737 | 80176 | ||||
| TOTAL GSF General Services Fund Group | $ | 882,737 | $ | 882,737 | 80177 | ||||||
| Federal Special Revenue Fund Group | 80178 |
| 3L2 | 430-601 | Federal VA Per Diem Grant | $ | 14,990,510 | $ | 15,290,320 | 80179 | ||||
| TOTAL FED Federal Special Revenue | 80180 | ||||||||||
| Fund Group | $ | 14,990,510 | $ | 15,290,320 | 80181 | ||||||
| State Special Revenue Fund Group | 80182 |
| 4E2 | 430-602 | Veterans Home Operating | $ | 8,322,731 | $ | 8,530,800 | 80183 | ||||
| 604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 80184 | ||||
| TOTAL SSR State Special Revenue | 80185 | ||||||||||
| Fund Group | $ | 9,092,827 | $ | 9,300,896 | 80186 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 51,047,281 | $ | 51,859,320 | 80187 | ||||||
| Section 212.27. VET VETERANS' ORGANIZATIONS | 80189 |
| General Revenue Fund | 80190 |
| 80191 |
| GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 80192 |
| 80193 |
| GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 80194 |
| 80195 |
| GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 80196 |
| 80197 |
| GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 80198 |
| 80199 |
| GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 80200 |
| 80201 |
| GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 80202 |
| 80203 |
| GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 80204 |
| 80205 |
| GRF | 752-501 | State Support | $ | 252,328 | $ | 252,328 | 80206 |
| 80207 |
| GRF | 753-501 | State Support | $ | 237,919 | $ | 237,919 | 80208 |
| 80209 |
| GRF | 754-501 | State Support | $ | 166,308 | $ | 166,308 | 80210 |
| 80211 |
| GRF | 756-501 | State Support | $ | 85,972 | $ | 85,972 | 80212 |
| 80213 |
| GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 80214 |
| 80215 |
| GRF | 758-501 | State Support | $ | 196,615 | $ | 196,615 | 80216 |
| TOTAL GRF General Revenue Fund | $ | 1,404,619 | $ | 1,404,619 | 80217 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,404,619 | $ | 1,404,619 | 80218 | ||||||
| RELEASE OF FUNDS | 80219 |
| The foregoing appropriation items 743-501, 746-501, 747-501, | 80220 |
| 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 80221 |
| 756-501, 757-501, and 758-501, State Support, shall be released | 80222 |
| upon approval by the Director of Budget and Management. | 80223 |
| CENTRAL OHIO UNITED SERVICES ORGANIZATION | 80224 |
| Of the foregoing appropriation item 751-501, State Support, | 80225 |
| Vietnam Veterans of America, $50,000 in each fiscal year shall be | 80226 |
| used to support the activities of the Central Ohio USO. | 80227 |
| VETERANS SERVICE COMMISSION EDUCATION | 80228 |
| Of the foregoing appropriation item 753-501, State Support, | 80229 |
| AMVETS, up to $20,000 in each fiscal year may be used to provide | 80230 |
| moneys to the Association of County Veterans Service Commissioners | 80231 |
| to reimburse its member county veterans service commissions for | 80232 |
| costs incurred in carrying out educational and outreach duties | 80233 |
| required under divisions (E) and (F) of section 5901.03 of the | 80234 |
| Revised Code. The Director of Budget and Management shall release | 80235 |
| these funds upon the presentation of an itemized receipt, approved | 80236 |
| by the Governor's Office of Veterans Affairs, from the association | 80237 |
| for reasonable and appropriate expenses incurred while performing | 80238 |
| these duties. The association shall establish uniform procedures | 80239 |
| for reimbursing member commissions. | 80240 |
| Section 212.30. DVM STATE VETERINARY MEDICAL BOARD | 80241 |
| General Services Fund Group | 80242 |
| 4K9 | 888-609 | Operating Expenses | $ | 293,691 | $ | 0 | 80243 | ||||
| 5BU | 888-602 | Veterinary Student Loan Program | $ | 60,000 | $ | 0 | 80244 | ||||
| TOTAL GSF General Services | 80245 | ||||||||||
| Fund Group | $ | 353,691 | $ | 0 | 80246 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 353,691 | $ | 0 | 80247 | ||||||
| CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM FUND (FUND | 80248 |
| 5BU) | 80249 |
| On July 1, 2005, or as soon as possible thereafter, the | 80250 |
| Director of Budget and Management shall transfer $60,000 in cash | 80251 |
| from the Occupational Licensing and Regulatory Fund (Fund 4K9) to | 80252 |
| the Veterinary Student Loan Program Fund (Fund 5BU), which is | 80253 |
| hereby created. The amount of the transfer is hereby appropriated. | 80254 |
| VETERINARY STUDENT LOAN PROGRAM | 80255 |
| The foregoing appropriation item 888-602, Veterinary Student | 80256 |
| Loan Program, shall be used by the Veterinary Medical Licensing | 80257 |
| Board to implement a student loan repayment program for veterinary | 80258 |
| students focusing on large animal populations, public health, or | 80259 |
| regulatory veterinary medicine. | 80260 |
| Section 212.33. DYS DEPARTMENT OF YOUTH SERVICES | 80261 |
| General Revenue Fund | 80262 |
| GRF | 470-401 | RECLAIM Ohio | $ | 177,016,683 | $ | 182,084,588 | 80263 | ||||
| GRF | 470-412 | Lease Rental Payments | $ | 20,267,500 | $ | 21,882,700 | 80264 | ||||
| GRF | 470-510 | Youth Services | $ | 18,608,587 | $ | 18,608,587 | 80265 | ||||
| GRF | 472-321 | Parole Operations | $ | 14,358,995 | $ | 14,962,871 | 80266 | ||||
| GRF | 477-321 | Administrative Operations | $ | 14,239,494 | $ | 14,754,420 | 80267 | ||||
| TOTAL GRF General Revenue Fund | $ | 244,491,259 | $ | 252,293,166 | 80268 | ||||||
| General Services Fund Group | 80269 |
| 175 | 470-613 | Education Reimbursement | $ | 10,112,529 | $ | 9,450,598 | 80270 | ||||
| 4A2 | 470-602 | Child Support | $ | 320,641 | $ | 328,657 | 80271 | ||||
| 4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 80272 | ||||
| 479 | 470-609 | Employee Food Service | $ | 141,466 | $ | 137,666 | 80273 | ||||
| 523 | 470-621 | Wellness Program | $ | 46,937 | $ | 0 | 80274 | ||||
| 6A5 | 470-616 | Building Demolition | $ | 31,100 | $ | 0 | 80275 | ||||
| TOTAL GSF General Services | 80276 | ||||||||||
| Fund Group | $ | 10,662,673 | $ | 9,926,921 | 80277 | ||||||
| Federal Special Revenue Fund Group | 80278 |
| 3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 4,254,745 | $ | 4,254,746 | 80279 | ||||
| 3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 222,507 | $ | 0 | 80280 | ||||
| 3Z8 | 470-625 | Federal Juvenile Programs FFY 04 | $ | 1,500,001 | $ | 773,812 | 80281 | ||||
| 3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 465,000 | $ | 0 | 80282 | ||||
| 321 | 470-601 | Education | $ | 1,422,580 | $ | 1,465,399 | 80283 | ||||
| 321 | 470-603 | Juvenile Justice Prevention | $ | 1,981,169 | $ | 2,006,505 | 80284 | ||||
| 321 | 470-606 | Nutrition | $ | 2,471,550 | $ | 2,470,655 | 80285 | ||||
| 321 | 470-614 | Title IV-E Reimbursements | $ | 4,960,589 | $ | 6,012,361 | 80286 | ||||
| 321 | 470-617 | Americorps Programs | $ | 456,000 | $ | 463,700 | 80287 | ||||
| TOTAL FED Federal Special Revenue | 80288 | ||||||||||
| Fund Group | $ | 17,734,141 | $ | 17,447,178 | 80289 | ||||||
| State Special Revenue Fund Group | 80290 |
| 147 | 470-612 | Vocational Education | $ | 1,937,784 | $ | 2,009,866 | 80291 | ||||
| 4W3 | 470-618 | Help Me Grow | $ | 11,000 | $ | 11,000 | 80292 | ||||
| 5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 80293 | ||||
| TOTAL SSR State Special Revenue | 80294 | ||||||||||
| Fund Group | $ | 3,448,784 | $ | 3,520,866 | 80295 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 276,336,857 | $ | 283,188,131 | 80296 | ||||||
| RECLAIM OHIO | 80297 |
| Of the foregoing appropriation item 470-401, RECLAIM Ohio, | 80298 |
| $25,000 in each fiscal year shall be distributed directly to the | 80299 |
| Lighthouse Youth Services Wrap-Around Program. | 80300 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 80301 |
| The foregoing appropriation item 470-412, Lease Rental | 80302 |
| Payments, in the Department of Youth Services, shall be used for | 80303 |
| payments to the Ohio Building Authority for the period from July | 80304 |
| 1, 2005, to June 30, 2007, under the primary leases and agreements | 80305 |
| for facilities made under Chapter 152. of the Revised Code, but | 80306 |
| limited to the aggregate amount of $42,150,200. This appropriation | 80307 |
| is the source of funds pledged for bond service charges on related | 80308 |
| obligations issued pursuant to Chapter 152. of the Revised Code. | 80309 |
| EDUCATION REIMBURSEMENT | 80310 |
| The foregoing appropriation item 470-613, Education | 80311 |
| Reimbursement, shall be used to fund the operating expenses of | 80312 |
| providing educational services to youth supervised by the | 80313 |
| Department of Youth Services. Operating expenses include, but are | 80314 |
| not limited to, teachers' salaries, maintenance costs, and | 80315 |
| educational equipment. This appropriation item may be used for | 80316 |
| capital expenses related to the education program. | 80317 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 80318 |
| Notwithstanding section 125.14 of the Revised Code, the | 80319 |
| foregoing appropriation item 470-609, Employee Food Service, may | 80320 |
| be used to purchase any food operational items with funds received | 80321 |
| into the fund from reimbursement for state surplus property. | 80322 |
| PARTNERSHIPS FOR SUCCESS | 80323 |
| In fiscal year 2006, the foregoing appropriation item | 80324 |
| 470-628, Partnerships for Success, shall be used to support the | 80325 |
| Partnerships for Success Project. On or before January 1, 2007, | 80326 |
| the Director of Budget and Management shall transfer any amount of | 80327 |
| cash that remains unspent in the Partnerships for Success Fund | 80328 |
| (Fund 5BH) to the Children's Trust Fund (Fund 198). | 80329 |
| FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF | 80330 |
| CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES | 80331 |
| Any business relating to the funds associated with the Office | 80332 |
| of Criminal Justice Services' appropriation item 196-602, Criminal | 80333 |
| Justice Federal Programs, commenced but not completed by the | 80334 |
| Office of Criminal Justice Services or its director shall be | 80335 |
| completed by the Department of Youth Services or its director in | 80336 |
| the same manner, and with the same effect, as if completed by the | 80337 |
| Office of Criminal Justice Services or its director. No | 80338 |
| validation, cure, right, privilege, remedy, obligation, or | 80339 |
| liability is lost or impaired by reason of the transfer and shall | 80340 |
| be administered by the Department of Youth Services. | 80341 |
| Any action or proceeding against the Office of Criminal | 80342 |
| Justice Services pending on the effective date of this section | 80343 |
| shall not be affected by the transfer of responsibility to the | 80344 |
| Department of Youth Services, and shall be prosecuted or defended | 80345 |
| in the name of the Department of Youth Services or its director. | 80346 |
| In all such actions and proceedings, the Department of Youth | 80347 |
| Services or its director upon application of the court shall be | 80348 |
| substituted as party. | 80349 |
| Section 303.03. EXPENDITURES AND APPROPRIATION INCREASES | 80350 |
| APPROVED BY THE CONTROLLING BOARD | 80351 |
| Any money that the Controlling Board approves for expenditure | 80352 |
| or any increase in appropriation authority that the Controlling | 80353 |
| Board approves under sections 127.14, 131.35, and 131.39 of the | 80354 |
| Revised Code or any other provision of law is hereby appropriated | 80355 |
| for the period ending June 30, 2007. | 80356 |
| Section 303.06. PERSONAL SERVICE EXPENSES | 80357 |
| Unless otherwise prohibited by law, any appropriation from | 80358 |
| which personal service expenses are paid shall bear the employer's | 80359 |
| share of public employees' retirement, workers' compensation, | 80360 |
| disabled workers' relief, and all group insurance programs; the | 80361 |
| costs of centralized accounting, centralized payroll processing, | 80362 |
| and related personnel reports and services; the cost of the Office | 80363 |
| of Collective Bargaining; the cost of the Personnel Board of | 80364 |
| Review; the cost of the Employee Assistance Program; the cost of | 80365 |
| the affirmative action and equal employment opportunity programs | 80366 |
| administered by the Department of Administrative Services; the | 80367 |
| costs of interagency information management infrastructure; and | 80368 |
| the cost of administering the state employee merit system as | 80369 |
| required by section 124.07 of the Revised Code. These costs shall | 80370 |
| be determined in conformity with the appropriate sections of law | 80371 |
| and paid in accordance with procedures specified by the Office of | 80372 |
| Budget and Management. Expenditures from appropriation item | 80373 |
| 070-601, Public Audit Expense - Local Government, in Fund 422 may | 80374 |
| be exempted from the requirements of this section. | 80375 |
| Section 303.09. RE-ISSUANCE OF VOIDED WARRANTS | 80376 |
| In order to provide funds for the reissuance of voided | 80377 |
| warrants under section 117.47 of the Revised Code, there is hereby | 80378 |
| appropriated, out of moneys in the state treasury from the fund | 80379 |
| credited as provided in section 117.47 of the Revised Code, that | 80380 |
| amount sufficient to pay such warrants when approved by the Office | 80381 |
| of Budget and Management. | 80382 |
| Section 303.12. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 80383 |
| AGAINST THE STATE | 80384 |
| Except as otherwise provided in this section, an | 80385 |
| appropriation in this act or any other act may be used for the | 80386 |
| purpose of satisfying judgments, settlements, or administrative | 80387 |
| awards ordered or approved by the Court of Claims or by any other | 80388 |
| court of competent jurisdiction in connection with civil actions | 80389 |
| against the state. This authorization does not apply to | 80390 |
| appropriations to be applied to or used for payment of guarantees | 80391 |
| by or on behalf of the state, or for payments under lease | 80392 |
| agreements relating to, or debt service on, bonds, notes, or other | 80393 |
| obligations of the state. Notwithstanding any other statute to the | 80394 |
| contrary, this authorization includes appropriations from funds | 80395 |
| into which proceeds of direct obligations of the state are | 80396 |
| deposited only to the extent that the judgment, settlement, or | 80397 |
| administrative award is for, or represents, capital costs for | 80398 |
| which the appropriation may otherwise be used and is consistent | 80399 |
| with the purpose for which any related obligations were issued or | 80400 |
| entered into. Nothing contained in this section is intended to | 80401 |
| subject the state to suit in any forum in which it is not | 80402 |
| otherwise subject to suit, and is not intended to waive or | 80403 |
| compromise any defense or right available to the state in any suit | 80404 |
| against it. | 80405 |
| Section 303.13. CAPITAL PROJECT SETTLEMENTS | 80406 |
| This section specifies an additional and supplemental | 80407 |
| procedure to provide for payments of judgments and settlements if | 80408 |
| the Director of Budget and Management determines, pursuant to | 80409 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 80410 |
| sufficient unencumbered moneys do not exist in the particular | 80411 |
| appropriation to pay the amount of a final judgment rendered | 80412 |
| against the state or a state agency, including the settlement of a | 80413 |
| claim approved by a court, in an action upon and arising out of a | 80414 |
| contractual obligation for the construction or improvement of a | 80415 |
| capital facility if the costs under the contract were payable in | 80416 |
| whole or in part from a state capital projects appropriation. In | 80417 |
| such a case, the director may either proceed pursuant to division | 80418 |
| (C)(4) of section 2743.19 of the Revised Code or apply to the | 80419 |
| Controlling Board to increase an appropriation or create an | 80420 |
| appropriation out of any unencumbered moneys in the state treasury | 80421 |
| to the credit of the capital projects fund from which the initial | 80422 |
| state appropriation was made. The Controlling Board may approve or | 80423 |
| disapprove the application as submitted or modified. The amount of | 80424 |
| an increase in appropriation or new appropriation specified in an | 80425 |
| application approved by the Controlling Board is hereby | 80426 |
| appropriated from the applicable capital projects fund and made | 80427 |
| available for the payment of the judgment or settlement. | 80428 |
| If the director does not make the application authorized by | 80429 |
| this section or the Controlling Board disapproves the application, | 80430 |
| and the director does not make application under division (C)(4) | 80431 |
| of section 2743.19 of the Revised Code, the director shall for the | 80432 |
| purpose of making that payment make a request to the General | 80433 |
| Assembly as provided for in division (C)(5) of that section. | 80434 |
| Section 303.18. INCOME TAX DISTRIBUTION TO COUNTIES | 80435 |
| There are hereby appropriated out of any moneys in the state | 80436 |
| treasury to the credit of the General Revenue Fund, which are not | 80437 |
| otherwise appropriated, funds sufficient to make any payment | 80438 |
| required by division (B)(2) of section 5747.03 of the Revised | 80439 |
| Code. | 80440 |
| Section 303.21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 80441 |
| BALANCES OF OPERATING APPROPRIATIONS | 80442 |
| An unexpended balance of an operating appropriation or | 80443 |
| reappropriation that a state agency lawfully encumbered prior to | 80444 |
| the close of a fiscal year is reappropriated on the first day of | 80445 |
| July of the following fiscal year from the fund from which it was | 80446 |
| originally appropriated or reappropriated for the following period | 80447 |
| and shall remain available only for the purpose of discharging the | 80448 |
| encumbrance: | 80449 |
| (A) For an encumbrance for personal services, maintenance, | 80450 |
| equipment, or items for resale, other than an encumbrance for an | 80451 |
| item of special order manufacture not available on term contract | 80452 |
| or in the open market or for reclamation of land or oil and gas | 80453 |
| wells for a period of not more than five months from the end of | 80454 |
| the fiscal year; | 80455 |
| (B) For an encumbrance for an item of special order | 80456 |
| manufacture not available on term contract or in the open market, | 80457 |
| for a period of not more than five months from the end of the | 80458 |
| fiscal year or, with the written approval of the Director of | 80459 |
| Budget and Management, for a period of not more than twelve months | 80460 |
| from the end of the fiscal year; | 80461 |
| (C) For an encumbrance for reclamation of land or oil and gas | 80462 |
| wells, for a period ending when the encumbered appropriation is | 80463 |
| expended or for a period of two years, whichever is less; | 80464 |
| (D) For an encumbrance for any other expense, for such period | 80465 |
| as the director approves, provided such period does not exceed two | 80466 |
| years. | 80467 |
| Any operating appropriations for which unexpended balances | 80468 |
| are reappropriated beyond a five-month period from the end of the | 80469 |
| fiscal year by division (B) of this section shall be reported to | 80470 |
| the Controlling Board by the Director of Budget and Management by | 80471 |
| the thirty-first day of December of each year. The report on each | 80472 |
| such item shall include the item, the cost of the item, and the | 80473 |
| name of the vendor. The report shall be updated on a quarterly | 80474 |
| basis for encumbrances remaining open. | 80475 |
| Upon the expiration of the reappropriation period set out in | 80476 |
| divisions (A), (B), (C), or (D) of this section, a reappropriation | 80477 |
| made by this section lapses, and the Director of Budget and | 80478 |
| Management shall cancel the encumbrance of the unexpended | 80479 |
| reappropriation not later than the end of the weekend following | 80480 |
| the expiration of the reappropriation period. | 80481 |
| Notwithstanding the preceding paragraph, with the approval of | 80482 |
| the Director of Budget and Management, an unexpended balance of an | 80483 |
| encumbrance that was reappropriated on the first day of July by | 80484 |
| this section for a period specified in division (C) or (D) of this | 80485 |
| section and that remains encumbered at the close of the fiscal | 80486 |
| biennium is hereby reappropriated on the first day of July of the | 80487 |
| following fiscal biennium from the fund from which it was | 80488 |
| originally appropriated or reappropriated for the applicable | 80489 |
| period specified in division (C) or (D) of this section and shall | 80490 |
| remain available only for the purpose of discharging the | 80491 |
| encumbrance. | 80492 |
| The Director of Budget and Management may correct accounting | 80493 |
| errors committed by the staff of the Office of Budget and | 80494 |
| Management, such as re-establishing encumbrances or appropriations | 80495 |
| cancelled in error, during the cancellation of operating | 80496 |
| encumbrances in November and of non-operating encumbrances in | 80497 |
| December. | 80498 |
| If the Controlling Board approved a purchase, that approval | 80499 |
| remains in effect so long as the appropriation used to make that | 80500 |
| purchase remains encumbered. | 80501 |
| Section 306.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 80502 |
| The maximum amounts that may be assessed against nuclear | 80503 |
| electric utilities under division (B)(2) of section 4937.05 of the | 80504 |
| Revised Code are as follows: | 80505 |
| FY 2006 | FY 2007 | 80506 | |||||
| Department of Agriculture | 80507 | ||||||
| Fund 4E4 Utility Radiological Safety | $73,059 | $73,059 | 80508 | ||||
| Department of Health | 80509 | ||||||
| Fund 610 Radiation Emergency Response | $850,000 | 850,000 | 80510 | ||||
| Environmental Protection Agency | 80511 | ||||||
| Fund 644 ER Radiological Safety | $286,114 | $286,114 | 80512 | ||||
| Emergency Management Agency | 80513 | ||||||
| Fund 657 Utility Radiological Safety | $1,260,000 | $1,260,000 | 80514 | ||||
| Section 312.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM | 80515 |
| NON-FEDERAL NON-GRF FUNDS | 80516 |
| Notwithstanding any other provision of law to the contrary, | 80517 |
| during fiscal years 2006 and 2007, the Director of Budget and | 80518 |
| Management is hereby authorized to transfer cash from non-federal, | 80519 |
| non-General Revenue Fund funds that are not constitutionally | 80520 |
| restricted to the General Revenue Fund. The total amount of cash | 80521 |
| transfers made pursuant to this section to the General Revenue | 80522 |
| Fund during fiscal years 2006 and 2007 shall not exceed | 80523 |
| $60,000,000. | 80524 |
| Section 312.06. TRANSFERS TO THE GENERAL REVENUE FUND OF | 80525 |
| INTEREST EARNED | 80526 |
| Notwithstanding any provision of Ohio law to the contrary, | 80527 |
| the Director of Budget and Management, through June 30, 2007, may | 80528 |
| transfer interest earned by any fund in the Central Accounting | 80529 |
| System to the General Revenue Fund. This section does not apply to | 80530 |
| funds whose source of revenue is restricted or protected by the | 80531 |
| Constitution of this state, federal tax law, or the "Cash | 80532 |
| Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31 | 80533 |
| U.S.C. 6501, et. seq., as amended. | 80534 |
| Section 312.09. BUDGET STABILIZATION FUND TRANSFERS | 80535 |
| (A) Notwithstanding any provision of law to the contrary, | 80536 |
| through June 30, 2007, if the Director of Budget and Management | 80537 |
| determines that the estimated ending fund balance of the General | 80538 |
| Revenue Fund will be greater than the amounts assumed in this act | 80539 |
| for either fiscal year 2006 or 2007, the Director may transfer up | 80540 |
| to the excess balance to the Budget Stabilization Fund. This | 80541 |
| division does not apply to division (A) of Section 206.66.21, TANF | 80542 |
| TRANSFERS, of this act. | 80543 |
| (B) Notwithstanding any provision of law to the contrary, | 80544 |
| through June 30, 2007, if the Director of Budget and Management | 80545 |
| determines that state revenue receipts and available fund balances | 80546 |
| in any fund other than the General Revenue Fund exceed estimated | 80547 |
| state expenditures, the Director may transfer up to the excess | 80548 |
| revenue to the Budget Stabilization Fund. This division does not | 80549 |
| apply to revenue restricted or protected by the Ohio Constitution, | 80550 |
| federal tax law or grant requirements, or the "Cash Management | 80551 |
| Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501, | 80552 |
| et seq., as amended. | 80553 |
| (C) In executing division (A) of this section and division | 80554 |
| (A) of Section 206.66.21, TANF TRANSFERS, it is intended that | 80555 |
| these divisions be applied and construed so that both of the | 80556 |
| transfers authorized under these divisions may be made through | 80557 |
| June 30, 2007. | 80558 |
| (D) After making the transfers described in divisions (A) and | 80559 |
| (B) of this section, the Director of Budget and Management shall | 80560 |
| submit a report to the President of the Senate and the Speaker of | 80561 |
| the House of Representatives. | 80562 |
| Section 312.10. BUDGET STABILIZATION FUND TRANSFERS TO TAX | 80563 |
| AMNESTY PROGRAM | 80564 |
| Notwithstanding any provision of law to the contrary, through | 80565 |
| June 30, 2006, the Director of Budget and Management shall | 80566 |
| transfer a one-time payment in the amount of $2,000,000 from the | 80567 |
| Budget Stabilization Fund to appropriation item 110-630, Tax | 80568 |
| Amnesty Promotion and Administration (Fund 5BW), in the Department | 80569 |
| of Taxation. The funds shall be used to pay for expenses incurred | 80570 |
| in promoting and administering the tax amnesty program run by the | 80571 |
| Department of Taxation. | 80572 |
| After receiving the revenue receipts from the tax amnesty | 80573 |
| program, the Director of Budget and Management shall transfer the | 80574 |
| first $2,000,000 to the Budget Stabilization Fund, the next | 80575 |
| $10,000,000 to the General Revenue Fund, and the remaining excess | 80576 |
| fund balance to the Budget Stabilization Fund. | 80577 |
| Section 312.12. GRF TRANSFER TO FUND 5N4, OAKS PROJECT | 80578 |
| IMPLEMENTATION | 80579 |
| On July 1, 2005, or as soon thereafter as possible, the | 80580 |
| Director of Budget and Management shall transfer an amount not to | 80581 |
| exceed $675,000 in cash from the General Revenue Fund to Fund 5N4, | 80582 |
| OAKS Project Implementation. On July 1, 2006, or as soon | 80583 |
| thereafter as possible, the Director of Budget and Management | 80584 |
| shall transfer an amount not to exceed $675,000 in cash from the | 80585 |
| General Revenue Fund to Fund 5N4, OAKS Project Implementation. | 80586 |
| Section 312.15. CORPORATE AND UCC FILING FUND TRANSFER TO GRF | 80587 |
| Not later than the first day of June in each year of the | 80588 |
| biennium, the Director of Budget and Management shall transfer | 80589 |
| $1,000,000 from the Corporate and Uniform Commercial Code Filing | 80590 |
| Fund to the General Revenue Fund. | 80591 |
| Section 312.18. GRF TRANSFER TO THE NATIONAL GUARD | 80592 |
| SCHOLARSHIP RESERVE FUND | 80593 |
| On July 1, 2005, or as soon as possible thereafter, the | 80594 |
| Director of Budget and Management shall transfer an amount equal | 80595 |
| to the unencumbered balance as of June 30, 2004, in appropriation | 80596 |
| item 235-599, National Guard Scholarship Fund, from the General | 80597 |
| Revenue Fund to the National Guard Scholarship Reserve Fund (Fund | 80598 |
| 5BM). | 80599 |
| Section 312.21. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 80600 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 80601 |
| Any cash transferred by the Director of Budget and Management | 80602 |
| under section 126.15 of the Revised Code is hereby appropriated. | 80603 |
| Any amounts necessary to re-establish appropriations or | 80604 |
| encumbrances under section 126.15 of the Revised Code are hereby | 80605 |
| appropriated. | 80606 |
| Section 312.24. TRANSFER FROM THE TOBACCO MASTER SETTLEMENT | 80607 |
| AGREEMENT FUND TO THE GENERAL REVENUE FUND | 80608 |
| Notwithstanding section 183.02 of the Revised Code, on July | 80609 |
| 1, 2005, or as soon as possible thereafter, the Director of Budget | 80610 |
| and Management shall transfer $5,000,000 cash from the Tobacco | 80611 |
| Master Settlement Agreement Fund (Fund 087) to the General Revenue | 80612 |
| Fund. Of the tobacco revenue that is credited to the Tobacco | 80613 |
| Master Settlement Agreement Fund (Fund 087) in fiscal year 2005, | 80614 |
| the share that is determined pursuant to section 183.02 of the | 80615 |
| Revised Code to be the amount transferred by the Director of | 80616 |
| Budget and Management from the Tobacco Master Settlement Agreement | 80617 |
| Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust | 80618 |
| Fund (Fund H87) shall be reduced by the amount that is transferred | 80619 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 80620 |
| the General Revenue Fund under this division. | 80621 |
| Section 312.27. Notwithstanding section 183.02 of the Revised | 80622 |
| Code, on July 1, 2005, or as soon as possible thereafter, the | 80623 |
| Director of Budget and Management shall transfer up to $5,000,000 | 80624 |
| cash from the Tobacco Master Settlement Agreement Fund (Fund 087) | 80625 |
| to the Healthy Ohioians Initiative Fund (Fund 5BL in the | 80626 |
| Department of Health). Of the tobacco revenue that is credited to | 80627 |
| the Tobacco Master Settlement Agreement Fund (Fund 087) in fiscal | 80628 |
| year 2005, the share that is determined pursuant to section 183.02 | 80629 |
| of the Revised Code to be the amount transferred by the Director | 80630 |
| of Budget and Management from the Tobacco Master Settlement | 80631 |
| Agreement Fund (Fund 087) to the Tobacco Use Prevention and | 80632 |
| Cessation Trust Fund (Fund H87) shall be reduced by the amount | 80633 |
| that is transferred from the Tobacco Master Settlement Agreement | 80634 |
| Fund (Fund 087) to the Healthy Ohioians Initiative Fund (Fund 5BL) | 80635 |
| under this section. | 80636 |
| Section 315.03. CONSOLIDATION OF REGULATORY BOARDS | 80637 |
| (A) It is the intent of the General Assembly to consolidate | 80638 |
| the following health-related regulatory boards within the | 80639 |
| Department of Health not later than July 1, 2006: | 80640 |
| (1) The Chemical Dependency Professionals Board; | 80641 |
| (2) The Board of Chiropractic Examiners; | 80642 |
| (3) The Counselor, Social Worker, and Marriage and Family | 80643 |
| Therapist Board; | 80644 |
| (4) The Ohio Board of Dietetics; | 80645 |
| (5) The Ohio Occupational Therapy, Physical Therapy, and | 80646 |
| Athletic Trainers Board; | 80647 |
| (6) The Ohio Optical Dispensers Board; | 80648 |
| (7) The State Board of Optometry; | 80649 |
| (8) The State Board of Orthotics, Prosthetics, and | 80650 |
| Pedorthics; | 80651 |
| (9) The State Board of Psychology; | 80652 |
| (10) The Ohio Respiratory Care Board; | 80653 |
| (11) The Board of Speech-Language Pathology and Audiology; | 80654 |
| (12) The State Veterinary Medical Licensing Board. | 80655 |
| (B) It is the intent of the General Assembly to consolidate | 80656 |
| the following regulatory boards and commissions within the | 80657 |
| Department of Commerce not later than July 1, 2006: | 80658 |
| (1) The Ohio Athletic Commission; | 80659 |
| (2) The Barber Board; | 80660 |
| (3) The State Board of Cosmetology; | 80661 |
| (4) The Board of Embalmers and Funeral Directors; | 80662 |
| (5) The Manufactured Homes Commission; | 80663 |
| (6) The Board of Motor Vehicle Collision Repair Registration; | 80664 |
| (7) The State Board of Sanitarian Registration. | 80665 |
| (C) It is the intent of the General Assembly to consolidate | 80666 |
| the Ohio Medical Transportation Board within the Department of | 80667 |
| Public Safety not later than July 1, 2006. | 80668 |
| (D) The Director of Budget and Management and the Directors | 80669 |
| of Administrative Services, Commerce, Health, and Public Safety | 80670 |
| shall appoint representatives to a transition team. | 80671 |
| The transition team shall develop a plan to ensure the smooth | 80672 |
| and timely consolidation of the boards into the respective | 80673 |
| departments. The transition team shall address the details of the | 80674 |
| consolidations, identifying necessary statutory changes and | 80675 |
| working with the Office of Budget and Management to develop | 80676 |
| budgets for the respective departments and the consolidated boards | 80677 |
| and commissions. The transition team may recommend additional | 80678 |
| regulatory boards or commissions to be consolidated and may | 80679 |
| recommend modifications to the planned consolidations. | 80680 |
| The transition team shall submit a report containing | 80681 |
| recommendations and the details for the consolidations not later | 80682 |
| than December 31, 2005, to the Governor, the Speaker of the House | 80683 |
| of Representatives, and the President of the Senate. The report | 80684 |
| and recommendations shall address the following issues, and may | 80685 |
| address additional issues: | 80686 |
| (1) The necessary levels of funding; | 80687 |
| (2) The savings projected as a result of the consolidations; | 80688 |
| (3) The consolidation of activities between each board or | 80689 |
| commission and the department providing centralized services, | 80690 |
| including the role of the members of the board or commission and | 80691 |
| the role of the department; | 80692 |
| (4) The staffing levels needed, whether employees must be | 80693 |
| retained, and whether any employees retained have civil service | 80694 |
| status; | 80695 |
| (5) The continuation of the standards and procedures of the | 80696 |
| board or commission; | 80697 |
| (6) The continuation of rules and whether any rules need to | 80698 |
| be amended as a result of the consolidations; | 80699 |
| (7) The transfer of assets, liabilities, and contractual | 80700 |
| obligations; | 80701 |
| (8) The transfer of records and other materials pertaining to | 80702 |
| the board or commission. | 80703 |
| (E) It is the intent of the General Assembly to introduce a | 80704 |
| bill in fiscal year 2006 that will include the necessary statutory | 80705 |
| changes to effect the consolidations and that will include revised | 80706 |
| appropriations for the departments and the consolidated boards and | 80707 |
| commissions for fiscal year 2007. | 80708 |
| Section 315.03.03. EFFICIENCY STUDY TO CREATE REORGANIZATION | 80709 |
| PLAN FOR THE EXECUTIVE BRANCH OF THE STATE GOVERNMENT | 80710 |
| (A) Within thirty days after the effective date of this | 80711 |
| section, the Department of Administrative Services shall commence | 80712 |
| an efficiency study that is designed to create a plan for the | 80713 |
| reorganization of the executive branch of state government that | 80714 |
| will achieve minimum total savings of twenty per cent in the | 80715 |
| current budgeted administrative costs for agencies, departments, | 80716 |
| divisions, public bodies, and programs of the state that are | 80717 |
| proposed to be transferred to the provisional Department of | 80718 |
| Business Coordination, provisional Department of Education, | 80719 |
| provisional Department of Finance and Operations, provisional | 80720 |
| Department of Human Resource Development, provisional Department | 80721 |
| of Public Health, provisional Department of Public Safety, | 80722 |
| provisional Department of Resource Protection, and provisional | 80723 |
| Department of Transportation and Infrastructure, all as created by | 80724 |
| Section 315.03.06 of this act, and that will achieve minimum total | 80725 |
| savings of ten per cent in the current budgeted administrative | 80726 |
| costs for agencies, departments, divisions, public bodies, and | 80727 |
| programs of the state that are proposed to be transferred to the | 80728 |
| provisional Department of Community and Institutional | 80729 |
| Rehabilitation, as created by Section 315.03.06 of this act. | 80730 |
| (2) Agencies, departments, divisions, public bodies, and | 80731 |
| programs that are proposed to be transferred to a provisional | 80732 |
| department are transferred only for purposes of the efficiency | 80733 |
| study. This section and Section 315.03.06 of this act do not make | 80734 |
| nor intend to make any temporary or permanent structural changes | 80735 |
| to or in any such agency, department, division, public body, or | 80736 |
| program. | 80737 |
| (B) The Department of Administrative Services shall use the | 80738 |
| results of the efficiency study to develop a detailed | 80739 |
| reorganization plan, to further reorganize the provisional | 80740 |
| departments, to eliminate duplication of effort among the | 80741 |
| provisional departments, and to prepare a final report on the | 80742 |
| reorganization plan that shall be delivered by electronic means to | 80743 |
| the Governor, the Speaker of the House of Representatives, the | 80744 |
| President of the Senate, the Minority Leader of the House of | 80745 |
| Representatives, and the Minority Leader of the Senate, and posted | 80746 |
| on the Department's web site, not later than January 1, 2007. | 80747 |
| (C) The reorganization plan shall cover or include all of the | 80748 |
| following relating to the reorganization described in division (A) | 80749 |
| of this section: | 80750 |
| (1) Estimated costs; | 80751 |
| (2) Projected savings in real dollar amounts; | 80752 |
| (3) Projected improvements in service; | 80753 |
| (4) Anticipated effects on cost-sharing and management of | 80754 |
| federal grants; | 80755 |
| (5) Efficient citizen input into provisional department | 80756 |
| decisions; | 80757 |
| (6) Methods of ensuring accountability for results; | 80758 |
| (7) A proposed timetable for implementing the reorganization; | 80759 |
| (8) Any legislation that must be enacted to implement the | 80760 |
| reorganization. | 80761 |
| Section 315.03.06. SPECIFIC PROVISIONAL DEPARTMENT | 80762 |
| STRUCTURES | 80763 |
| For purposes of the efficiency study required by Section | 80764 |
| 315.03.03 of this act, there is hereby created each of the | 80765 |
| following: | 80766 |
| (A) A provisional Department of Education that shall consist | 80767 |
| of the following divisions and be headed by the provisional | 80768 |
| Executive Director of Education: | 80769 |
| (1) A Division of Primary and Secondary Education, headed by | 80770 |
| the chief of the Division; | 80771 |
| (2) A Division of Higher Education for Four-Year Colleges and | 80772 |
| Universities, headed by the chief of the Division; | 80773 |
| (3) A Division of Higher Education for Two-Year Colleges, | 80774 |
| headed by the chief of the Division; | 80775 |
| (4) A Division of Education Finance, headed by the chief of | 80776 |
| the Division; | 80777 |
| (5) A Division of Education Technology, headed by the chief | 80778 |
| of the Division; | 80779 |
| (6) A Division of Cultural Resources, headed by the chief of | 80780 |
| the Division. | 80781 |
| (B) A provisional Department of Public Safety that shall | 80782 |
| consist of the following divisions and be headed by the | 80783 |
| provisional Executive Director of Public Safety: | 80784 |
| (1) A Division of Uniformed Services, headed by the chief of | 80785 |
| the Division; | 80786 |
| (2) A Division of Public Safety Services, headed by the chief | 80787 |
| of the Division; | 80788 |
| (3) A Division of Homeland Security and Emergency Management, | 80789 |
| headed by the chief of the Division; | 80790 |
| (4) A Division of Grants and Disbursements, headed by the | 80791 |
| chief of the Division; | 80792 |
| (5) A Division of Prevention and Enforcement, headed by the | 80793 |
| chief of the Division. | 80794 |
| (C) A provisional Department of Public Health that shall | 80795 |
| consist of the following divisions and be headed by the | 80796 |
| provisional Executive Director of Public Health: | 80797 |
| (1) A Division of Health and Well-Being, headed by the chief | 80798 |
| of the Division; | 80799 |
| (2) A Division of Community Care Support Services, headed by | 80800 |
| the chief of the Division; | 80801 |
| (3) A Division of Medicaid Services, headed by the chief of | 80802 |
| the Division; | 80803 |
| (4) A Division of Medical Professional and State Healthcare | 80804 |
| System Regulation, headed by the chief of the Division; | 80805 |
| (5) A Division of Veterans' Affairs, headed by the chief of | 80806 |
| the Division. | 80807 |
| (D) A provisional Department of Transportation and | 80808 |
| Infrastructure that shall consist of the following divisions and | 80809 |
| be headed by the provisional Executive Director of Transportation | 80810 |
| and Infrastructure: | 80811 |
| (1) A Division of System Maintenance, headed by the chief of | 80812 |
| the Division; | 80813 |
| (2) A Division of System Regulation, headed by the chief of | 80814 |
| the Division; | 80815 |
| (3) A Division of System Design and Construction, headed by | 80816 |
| the chief of the Division; | 80817 |
| (4) A Division of Public Transportation, headed by the chief | 80818 |
| of the Division; | 80819 |
| (5) A Division of Infrastructure Financing and Revenue | 80820 |
| Distribution, headed by the chief of the Division. | 80821 |
| (E) A provisional Department of Finance and Operations that | 80822 |
| shall consist of the following divisions and be headed by the | 80823 |
| provisional Executive Director of Finance and Operations: | 80824 |
| (1) A General Services Division, headed by the chief of the | 80825 |
| Division; | 80826 |
| (2) A Human Resources Division, headed by the chief of the | 80827 |
| Division; | 80828 |
| (3) A Facilities and Maintenance Division, headed by the | 80829 |
| chief of the Division; | 80830 |
| (4) An Information Technology Division, headed by the chief | 80831 |
| of the Division; | 80832 |
| (5) A Division of Financial Operations, headed by the chief | 80833 |
| of the Division; | 80834 |
| (6) A Division of Revenue Administration, headed by the chief | 80835 |
| of the Division. | 80836 |
| (F) A provisional Department of Human Resource Development | 80837 |
| that shall consist of the following divisions and be headed by the | 80838 |
| provisional Executive Director of Human Resource Development: | 80839 |
| (1) An Employment Services Division, headed by the chief of | 80840 |
| the Division; | 80841 |
| (2) A Rehabilitation Services Division, headed by the chief | 80842 |
| of the Division; | 80843 |
| (3) A Children and Family Services Division, headed by the | 80844 |
| chief of the Division; | 80845 |
| (4) A Human Rights Division, headed by the chief of the | 80846 |
| Division. | 80847 |
| (G) A provisional Department of Community and Institutional | 80848 |
| Rehabilitation that shall consist of the following divisions and | 80849 |
| be headed by the provisional Executive Director of Community and | 80850 |
| Institutional Rehabilitation: | 80851 |
| (1) A Division of Corrections Officer Administration, headed | 80852 |
| by the chief of the Division; | 80853 |
| (2) A Division of Correctional Support Services, headed by | 80854 |
| the chief of the Division; | 80855 |
| (3) A Division of Correctional Facilities Maintenance, headed | 80856 |
| by the chief of the Division; | 80857 |
| (4) A Division of Parole and Community Services, headed by | 80858 |
| the chief of the Division. | 80859 |
| (H) A provisional Department of Business Coordination that | 80860 |
| shall consist of the following divisions and be headed by the | 80861 |
| provisional Executive Director of Business Coordination: | 80862 |
| (1) A Division of Licensing and Coordination, headed by the | 80863 |
| chief of the Division; | 80864 |
| (2) A Division of Financial Institutions and Securities | 80865 |
| Coordination, headed by the chief of the Division; | 80866 |
| (3) A Division of Building and Real Estate Coordination, | 80867 |
| headed by the chief of the Division; | 80868 |
| (4) A Division of Insurance Coordination, headed by the chief | 80869 |
| of the Division. | 80870 |
| (I) A provisional Department of Resource Protection that | 80871 |
| shall consist of the following divisions and be headed by the | 80872 |
| provisional Executive Director of Resource Protection: | 80873 |
| (1) A Division of Land, headed by the chief of the Division; | 80874 |
| (2) A Waste and Water Division, headed by the chief of the | 80875 |
| Division; | 80876 |
| (3) A Resource Quality Assurance Division, headed by the | 80877 |
| chief of the Division; | 80878 |
| (4) A Division of Public Awareness, headed by the chief of | 80879 |
| the Division; | 80880 |
| (5) A Division of Grants and Disbursements, headed by the | 80881 |
| chief of the Division. | 80882 |
| Section 315.03.09. EXPIRATION OF PROVISIONAL DEPARTMENTS | 80883 |
| Sections 315.03.03 and 315.03.06 of this act shall expire on | 80884 |
| January 30, 2007. | 80885 |
| Section 315.06. CAREER-TECHNICAL SCHOOL BUILDING ASSISTANCE | 80886 |
| PROGRAM | 80887 |
| All materials, assets, liabilities, and records of the | 80888 |
| Department of Education, irrespective of form or medium, deemed | 80889 |
| necessary by the Ohio School Facilities Commission to implement | 80890 |
| sections 3318.47, 3318.48, and 3318.49 of the Revised Code shall | 80891 |
| be transferred to the Commission not later than one hundred twenty | 80892 |
| days after the effective date of this section, in accordance with | 80893 |
| a transition plan which shall be developed and approved by the | 80894 |
| Commission in consultation with the Department. | 80895 |
| All current and pending loans and appropriations, | 80896 |
| encumbrances, and funds related to the Career-Technical School | 80897 |
| Building Assistance Fund (Fund 020), deemed necessary by the | 80898 |
| Commission to implement section 3318.48 of the Revised Code, shall | 80899 |
| be transferred to the Commission not later than one hundred twenty | 80900 |
| days after the effective date of this section in accordance with | 80901 |
| the transition plan. | 80902 |
| Any business commenced but not completed by the Department on | 80903 |
| the effective date of this section relating to the implementation | 80904 |
| of section 3318.48 of the Revised Code and the functions | 80905 |
| transferred by this section shall continue to be administered by | 80906 |
| the Department for a period of one hundred twenty days after the | 80907 |
| effective date of this section or until the transition plan | 80908 |
| described in this section is approved by the Commission, whichever | 80909 |
| occurs first. The Department shall provide the Commission whatever | 80910 |
| administrative assistance the Commission requires during the | 80911 |
| period of transition, which assistance shall be specified in the | 80912 |
| transition plan described in this section. | 80913 |
| Wherever any law, contract, or other document refers to the | 80914 |
| Department, the State Board of Education, or the Superintendent of | 80915 |
| Public Instruction in regard to the implementation or | 80916 |
| administration of section 3318.48 of the Revised Code, the | 80917 |
| references shall be deemed to refer to the Commission or the | 80918 |
| Director of the Commission. No action or proceeding pending on the | 80919 |
| effective date of this section relating to the implementation or | 80920 |
| administration of Chapter 3318. of the Revised Code is affected by | 80921 |
| the transfer. In all such actions and proceedings, the Commission | 80922 |
| or the Director shall be substituted as a party upon application | 80923 |
| by the receiving entity to the court or other appropriate | 80924 |
| tribunal. | 80925 |
| Section 315.09. ELIMINATION OF THE OHIO EDUCATIONAL | 80926 |
| TELECOMMUNICATIONS NETWORK COMMISSION | 80927 |
| (A) Effective July 1, 2005, the Ohio Educational | 80928 |
| Telecommunications Network Commission is abolished and, subject to | 80929 |
| the recommendations of any task force appointed by the Governor to | 80930 |
| consider issues of administrative reorganization and approved by | 80931 |
| the Governor, its functions, assets, and liabilities, including | 80932 |
| but not limited to vehicles and equipment assigned to employees of | 80933 |
| the Commission and records of the Commission regardless of form or | 80934 |
| medium, are transferred to the agency designated by the Governor. | 80935 |
| The agency is thereupon and thereafter successor to, assumes the | 80936 |
| obligations of, and otherwise constitutes the continuation of the | 80937 |
| Ohio Educational Telecommunications Network Commission. The | 80938 |
| functions of the Executive Director of the Commission are | 80939 |
| thereupon and thereafter transferred to the chief administrator of | 80940 |
| the agency designated by the Governor. | 80941 |
| Any business commenced but not completed by the Ohio | 80942 |
| Educational Telecommunications Network Commission or the Executive | 80943 |
| Director of the Commission on July 1, 2005, shall be completed by | 80944 |
| the agency designated by the Governor or the chief administrator | 80945 |
| of that agency, respectively, in the same manner, and with the | 80946 |
| same effect, as if completed by the Ohio Educational | 80947 |
| Telecommunications Network Commission or the Executive Director of | 80948 |
| the Commission. No validation, cure, right, privilege, remedy, | 80949 |
| obligation, or liability is lost or impaired by reason of the | 80950 |
| transfer required under this section and shall be administered by | 80951 |
| the agency designated by the Governor. All of the Ohio Educational | 80952 |
| Telecommunications Network Commission's rules, orders, and | 80953 |
| determinations continue in effect as rules, orders, and | 80954 |
| determinations of the agency designated by the Governor, until | 80955 |
| modified or rescinded by that agency. If necessary to ensure the | 80956 |
| integrity of the Administrative Code, the Director of the | 80957 |
| Legislative Service Commission shall renumber the Ohio Educational | 80958 |
| Telecommunications Network Commission's rules to reflect their | 80959 |
| transfer to the agency designated by the Governor. | 80960 |
| (B) Employees of the Ohio Educational Telecommunications | 80961 |
| Network Commission shall be transferred to the agency designated | 80962 |
| by the Governor or dismissed in accordance with recommendations | 80963 |
| approved by the Governor under division (A) of this section. | 80964 |
| Subject to lay-off provisions of sections 124.321 to 124.328 of | 80965 |
| the Revised Code, and any applicable collective bargaining | 80966 |
| agreement entered into under Chapter 4117. of the Revised Code, | 80967 |
| those employees of the Ohio Educational Telecommunications Network | 80968 |
| Commission so transferred to the agency designated by the Governor | 80969 |
| retain their positions and all of the benefits accruing thereto. | 80970 |
| Employees of the Ohio Educational Telecommunications Network | 80971 |
| Commission so dismissed cease to hold their positions of | 80972 |
| employment on July 1, 2005. | 80973 |
| (C) No judicial or administrative action or proceeding in | 80974 |
| which the Ohio Educational Telecommunications Network Commission | 80975 |
| or the Executive Director of the Commission is a party that is | 80976 |
| pending on July 1, 2005, is affected by the transfer of functions | 80977 |
| under division (A) of this section. Such action or proceeding | 80978 |
| shall be prosecuted or defended in the name of the Director of the | 80979 |
| Office of Budget and Management. On application to the court or | 80980 |
| other tribunal, the Director of the Office of Budget and | 80981 |
| Management shall be substituted for the Executive Director of the | 80982 |
| Commission as a party to such action or proceeding. | 80983 |
| (D) On and after July 1, 2005, when the Ohio Educational | 80984 |
| Telecommunications Network Commission or the Executive Director of | 80985 |
| the Ohio Educational Telecommunications Network Commission is | 80986 |
| referred to in any statute, rule, contract, grant, or other | 80987 |
| document, the reference is hereby deemed to refer to the agency | 80988 |
| designated by the Governor or the chief administrator of that | 80989 |
| agency, respectively. | 80990 |
| Section 315.10. ELIMINATION OF THE OHIO SCHOOLNET COMMISSION | 80991 |
| (A) Effective July 1, 2005, the Ohio SchoolNet Commission is | 80992 |
| abolished and, subject to the recommendations of any task force | 80993 |
| appointed by the Governor to consider issues of administrative | 80994 |
| reorganization and approved by the Governor, its functions, | 80995 |
| assets, and liabilities, including, but not limited to, vehicles | 80996 |
| and equipment assigned to employees of the Commission and records | 80997 |
| of the Commission regardless of form or medium, are transferred to | 80998 |
| the agency designated by the Governor. The agency is thereupon and | 80999 |
| thereafter successor to, assumes the obligations of, and otherwise | 81000 |
| constitutes the continuation of the Ohio SchoolNet Commission. The | 81001 |
| functions of the Executive Director of the Commission are | 81002 |
| thereupon and thereafter transferred to the chief administrator of | 81003 |
| the agency designated by the Governor. | 81004 |
| Any business commenced but not completed by the Ohio | 81005 |
| SchoolNet Commission or the Executive Director of the Commission | 81006 |
| on July 1, 2005, shall be completed by the agency designated by | 81007 |
| the Governor or the chief administrator of that agency, | 81008 |
| respectively, in the same manner, and with the same effect, as if | 81009 |
| completed by the Ohio SchoolNet Commission or the Executive | 81010 |
| Director of the Commission. No validation, cure, right, privilege, | 81011 |
| remedy, obligation, or liability is lost or impaired by reason of | 81012 |
| the transfer required under this section and shall be administered | 81013 |
| by the agency designated by the Governor. All of the Ohio | 81014 |
| SchoolNet Commission's rules, orders, and determinations continue | 81015 |
| in effect as rules, orders, and determinations of the agency | 81016 |
| designated by the Governor, until modified or rescinded by that | 81017 |
| agency. If necessary to ensure the integrity of the Administrative | 81018 |
| Code, the Director of the Legislative Service Commission shall | 81019 |
| renumber the Ohio SchoolNet Commission's rules to reflect their | 81020 |
| transfer to the agency designated by the Governor. | 81021 |
| (B) Employees of the Ohio SchoolNet Commission shall be | 81022 |
| transferred to the agency designated by the Governor or dismissed | 81023 |
| in accordance with recommendations approved by the Governor under | 81024 |
| division (A) of this section. Subject to lay-off provisions of | 81025 |
| sections 124.321 to 124.328 of the Revised Code, those employees | 81026 |
| of the Ohio SchoolNet Commission so transferred to the agency | 81027 |
| designated by the Governor retain their positions and all of the | 81028 |
| benefits accruing thereto. Employees of the Ohio SchoolNet | 81029 |
| Commission so dismissed cease to hold their positions of | 81030 |
| employment on July 1, 2005. | 81031 |
| Ohio SchoolNet Commission employees transferred under | 81032 |
| provisions of this section shall remain in the unclassified | 81033 |
| service of the state. | 81034 |
| The reassignment of the functions and duties of Ohio | 81035 |
| SchoolNet Commission employees under this section is not a subject | 81036 |
| appropriate for collective bargaining under Chapter 4117. of the | 81037 |
| Revised Code. All positions of any Ohio SchoolNet Commission | 81038 |
| employees transferred to the agency designated by the Governor | 81039 |
| under this section shall not be subject to Chapter 4117. of the | 81040 |
| Revised Code in the same manner as when those positions were under | 81041 |
| the authority of the Ohio SchoolNet Commission. | 81042 |
| (C) No judicial or administrative action or proceeding in | 81043 |
| which the Ohio SchoolNet Commission or the Executive Director of | 81044 |
| the Commission is a party that is pending on July 1, 2005, is | 81045 |
| affected by the transfer of functions under division (A) of this | 81046 |
| section. Such action or proceeding shall be prosecuted or defended | 81047 |
| in the name of the Director of the Office of Budget and | 81048 |
| Management. On application to the court or other tribunal, the | 81049 |
| Director of the Office of Budget and Management shall be | 81050 |
| substituted for the Executive Director of the Commission as a | 81051 |
| party to such action or proceeding. | 81052 |
| (D) On and after July 1, 2005, when the Ohio SchoolNet | 81053 |
| Commission or the Executive Director of the Ohio SchoolNet | 81054 |
| Commission is referred to in any statute, rule, contract, grant, | 81055 |
| or other document, the reference is hereby deemed to refer to the | 81056 |
| agency designated by the Governor or the chief administrator of | 81057 |
| that agency, respectively. | 81058 |
| Section 315.11. TRANSFER OF FUNDS TO THE AGENCIES | 81059 |
| On and after July 1, 2005, notwithstanding any provision of | 81060 |
| law to the contrary, the Director of Budget and Management is | 81061 |
| authorized to take the actions described in this section with | 81062 |
| respect to budget changes made necessary by administrative | 81063 |
| reorganization, program transfers, the creation of new funds, and | 81064 |
| the consolidation of funds as authorized by this act. The Director | 81065 |
| may make any transfer of cash balances between funds. At the | 81066 |
| request of the Director, the controlling authority of the agencies | 81067 |
| designated by the Governor under Section 315.09 or 315.10 of this | 81068 |
| act shall certify to the Director an estimate of the amount of the | 81069 |
| cash balance to be transferred to the receiving funds. The | 81070 |
| Director may transfer the estimated amount when needed to make | 81071 |
| payments. Not more than thirty days after certifying the estimated | 81072 |
| amount, the controlling authority of the agencies shall certify | 81073 |
| the final amount to the Director. The Director shall transfer the | 81074 |
| difference between any amount previously transferred and the | 81075 |
| certified final amount. The Director may cancel encumbrances and | 81076 |
| re-establish encumbrances or parts of encumbrances as needed in | 81077 |
| fiscal year 2006 in the appropriate funds and appropriation items | 81078 |
| for the same purposes. The appropriation authority necessary to | 81079 |
| re-establish such encumbrances in fiscal year 2006 as determined | 81080 |
| by the Director, in a different fund or appropriation item, within | 81081 |
| an agency or between agencies, is hereby appropriated. When | 81082 |
| re-established encumbrances or parts of re-established | 81083 |
| encumbrances are cancelled, the Director shall reduce the | 81084 |
| appropriations for these respective funds and appropriation items | 81085 |
| by the amount of the encumbrances cancelled. The amounts cancelled | 81086 |
| are hereby authorized. Any fiscal year 2005 unencumbered or | 81087 |
| unallotted appropriation balances may be transferred to the | 81088 |
| appropriate funds and appropriation items to be used for the same | 81089 |
| purposes, as determined by the Director. The amounts transferred | 81090 |
| are hereby appropriated. | 81091 |
| Section 318.03. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 81092 |
| Certain appropriations are in this act for the purpose of | 81093 |
| paying debt service and financing costs on general obligation | 81094 |
| bonds or notes of the state issued pursuant to the Ohio | 81095 |
| Constitution and acts of the General Assembly. If it is determined | 81096 |
| that additional appropriations are necessary for this purpose, | 81097 |
| such amounts are hereby appropriated. | 81098 |
| Section 318.06. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 81099 |
| OF STATE | 81100 |
| Certain appropriations are in this act for the purpose of | 81101 |
| making lease payments pursuant to leases and agreements relating | 81102 |
| to bonds or notes issued by the Ohio Building Authority or the | 81103 |
| Treasurer of State or, previously, by the Ohio Public Facilities | 81104 |
| Commission, pursuant to the Ohio Constitution and acts of the | 81105 |
| General Assembly. If it is determined that additional | 81106 |
| appropriations are necessary for this purpose, such amounts are | 81107 |
| hereby appropriated. | 81108 |
| Section 318.09. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 81109 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 81110 |
| The Office of Budget and Management shall initiate and | 81111 |
| process disbursements from general obligation and lease rental | 81112 |
| payment appropriation items during the period from July 1, 2005, | 81113 |
| to June 30, 2007, relating to bonds or notes issued under Sections | 81114 |
| 2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution, | 81115 |
| and Chapters 151. and 154. of the Revised Code. Disbursements | 81116 |
| shall be made upon certification by the Treasurer of State of the | 81117 |
| dates and the amounts due on those dates. | 81118 |
| Section 318.12. ISSUANCE OF OBLIGATIONS BY THE OHIO COAL | 81119 |
| DEVELOPMENT OFFICE | 81120 |
| The Ohio Public Facilities Commission, upon the request of | 81121 |
| the Director of the Ohio Coal Development Office of the Ohio Air | 81122 |
| Quality Development Authority with the advice of the Technical | 81123 |
| Advisory Committee created in section 1551.35 of the Revised Code | 81124 |
| and the approval of the Executive Director of the Ohio Air Quality | 81125 |
| Development Authority, is hereby authorized to issue and sell, in | 81126 |
| accordance with Section 15 of Article VIII, Ohio Constitution, and | 81127 |
| Chapter 151. and particularly sections 151.01 and 151.07 of the | 81128 |
| Revised Code, bonds and other obligations of the State of Ohio in | 81129 |
| an aggregate principal amount not to exceed $15,000,000 in | 81130 |
| addition to the issuance of obligations heretofore authorized by | 81131 |
| prior acts of the General Assembly. The obligations shall be | 81132 |
| dated, issued, and sold from time to time in such amounts as may | 81133 |
| be necessary to provide sufficient moneys to the credit of the | 81134 |
| Coal Research and Development Fund created in section 1555.15 of | 81135 |
| the Revised Code to pay costs charged to the fund when due. | 81136 |
| Section 321.03. STATE AND LOCAL REBATE AUTHORIZATION | 81137 |
| There is hereby appropriated, from those funds designated by | 81138 |
| or pursuant to the applicable proceedings authorizing the issuance | 81139 |
| of state obligations, amounts computed at the time to represent | 81140 |
| the portion of investment income to be rebated or amounts in lieu | 81141 |
| of or in addition to any rebate amount to be paid to the federal | 81142 |
| government in order to maintain the exclusion from gross income | 81143 |
| for federal income tax purposes of interest on those state | 81144 |
| obligations under section 148(f) of the Internal Revenue Code. | 81145 |
| Rebate payments shall be approved and vouchered by the Office | 81146 |
| of Budget and Management. | 81147 |
| Section 321.06. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 81148 |
| Pursuant to the plan for compliance with the Federal Cash | 81149 |
| Management Improvement Act required by section 131.36 of the | 81150 |
| Revised Code, the Director of Budget and Management may cancel and | 81151 |
| re-establish all or part of encumbrances in like amounts within | 81152 |
| the funds identified by the plan. The amounts necessary to | 81153 |
| re-establish all or part of encumbrances are hereby appropriated. | 81154 |
| Section 321.09. STATEWIDE INDIRECT COST RECOVERY | 81155 |
| Whenever the Director of Budget and Management determines | 81156 |
| that an appropriation made to a state agency from a fund of the | 81157 |
| state is insufficient to provide for the recovery of statewide | 81158 |
| indirect costs under section 126.12 of the Revised Code, the | 81159 |
| amount required for such purpose is hereby appropriated from the | 81160 |
| available receipts of such fund. | 81161 |
| Section 321.10. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 81162 |
| INDIRECT COST ALLOCATION PLAN | 81163 |
| The total transfers made from the General Revenue Fund by the | 81164 |
| Director of Budget and Management under this section shall not | 81165 |
| exceed the amounts transferred into the General Revenue Fund under | 81166 |
| division (B) of section 126.12 of the Revised Code. | 81167 |
| The director of an agency may certify to the Director of | 81168 |
| Budget and Management the amount of expenses not allowed to be | 81169 |
| included in the Statewide Indirect Cost Allocation Plan under | 81170 |
| federal regulations, from any fund included in the Statewide | 81171 |
| Indirect Cost Allocation Plan, prepared as required by section | 81172 |
| 126.12 of the Revised Code. | 81173 |
| Upon determining that no alternative source of funding is | 81174 |
| available to pay for such expenses, the Director of Budget and | 81175 |
| Management may transfer from the General Revenue Fund into the | 81176 |
| fund for which the certification is made, up to the amount of the | 81177 |
| certification. The director of the agency receiving such funds | 81178 |
| shall include, as part of the next budget submission prepared | 81179 |
| under section 126.02 of the Revised Code, a request for funding | 81180 |
| for such activities from an alternative source such that further | 81181 |
| federal disallowances would not be required. | 81182 |
| Section 321.11. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 81183 |
| Notwithstanding any provision of law to the contrary, on or | 81184 |
| before the first day of September of each fiscal year, the | 81185 |
| Director of Budget and Management, in order to reduce the payment | 81186 |
| of adjustments to the federal government, as determined by the | 81187 |
| plan prepared under division (A) of section 126.12 of the Revised | 81188 |
| Code, may designate such funds as the director considers necessary | 81189 |
| to retain their own interest earnings. | 81190 |
| Section 401.05. That Sections 16.09, 19.01, 20.01, 22.03, | 81191 |
| 23.11, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub. H.B. 16 | 81192 |
| of the 126th General Assembly be amended to read as follows: | 81193 |
| Appropriations |
| Sec. 16.09. OSB SCHOOL FOR THE BLIND | 81194 |
| CAP-774 | Glass Windows/E Wall of Natatorium | $ | 63,726 | 81195 | |||
| CAP-775 | Renovation of Science Lab Greenhouse | $ | 58,850 | 81196 | |||
| CAP-776 | Renovating Recreation Area | $ | 213,900 | 81197 | |||
| CAP-777 | New Classrooms for Secondary MH Program | $ | 880,407 | 81198 | |||
| CAP-778 | Renovation of Student Health Service Area | $ | 144,375 | 81199 | |||
| CAP-779 | Replacement of Cottage Windows | $ | 208,725 | 81200 | |||
| CAP- |
New School Lighting | $ | 184,500 | 81201 | |||
| CAP-781 | Food Prep. Area Air Conditioning | $ | 67,250 | 81202 | |||
| Total School for the Blind | $ | 1,821,733 | 81203 | ||||
| Sec. 19.01. All items set forth in this section are hereby | 81204 |
| appropriated out of any moneys in the state treasury to the credit | 81205 |
| of the Cultural and Sports Facilities Building Fund (Fund 030) | 81206 |
| that are not otherwise appropriated. | 81207 |
| Appropriations |
| 81208 |
| CAP-010 | Sandusky State Theatre Improvements | $ | 325,000 | 81209 | |||
| CAP-013 | Stambaugh Hall Improvements | $ | 250,000 | 81210 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 100,000 | 81211 | |||
| CAP-038 | Center Exhibit Replacement | $ | 816,000 | 81212 | |||
| CAP-043 | Statewide Site Repairs | $ | 100,000 | 81213 | |||
| CAP-044 | National Underground Railroad Freedom Center | $ | 4,150,000 | 81214 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 81215 | |||
| CAP-052 | Akron Art Museum | $ | 1,012,500 | 81216 | |||
| CAP-053 | Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion | $ | 250,000 | 81217 | |||
| CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 81218 | |||
| CAP-069 | Cleveland Institute of Art | $ | 250,000 | 81219 | |||
| CAP-071 | Cleveland Institute of Music | $ | 750,000 | 81220 | |||
| CAP-073 | Marina District/Ice Arena Development | $ | 3,500,000 | 81221 | |||
| CAP-074 | Stan Hywet Hall & Gardens - West Vista Restoration | $ | 750,000 | 81222 | |||
| CAP-745 | Emergency Repairs | $ | 838,560 | 81223 | |||
| CAP-769 | Rankin House State Memorial | $ | 192,000 | 81224 | |||
| CAP-781 | Archives and Library Automation | $ | 624,000 | 81225 | |||
| CAP-784 | Center Rehabilitation | $ | 960,000 | 81226 | |||
| CAP-806 | Grant Boyhood Home Improvements | $ | 480,000 | 81227 | |||
| CAP-812 | Schuster Arts Center | $ | 5,500,000 | 81228 | |||
| CAP-823 | Marion Palace Theatre | $ | 750,000 | 81229 | |||
| CAP-826 | Renaissance Theatre | $ | 750,000 | 81230 | |||
| CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 81231 | |||
| CAP-835 | Jamestown Opera House | $ | 125,000 | 81232 | |||
| CAP-844 | Charles A. Eulett Education Center/Edge of Appalachia Museum Center | $ | 1,850,000 | 81233 | |||
| CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 81234 | |||
| CAP-846 | Butler Palace Theatre | $ | 100,000 | 81235 | |||
| CAP-847 | Voice of America Museum | $ | 275,000 | 81236 | |||
| CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 81237 | |||
| CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 81238 | |||
| CAP-850 | Westcott House Historic Site | $ | 75,000 | 81239 | |||
| CAP-851 | General Lytle Homestead - Harmony Hill | $ | 50,000 | 81240 | |||
| CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 81241 | |||
| CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 81242 | |||
| CAP-854 | Steamship Mather Museum | $ | 100,000 | 81243 | |||
| CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 81244 | |||
| CAP-856 | Friendly Inn Settlement House Historic Site | $ | 250,000 | 81245 | |||
| CAP-857 | Merrick House Historic Site | $ | 250,000 | 81246 | |||
| CAP-858 | Strongsville Historic Building | $ | 100,000 | 81247 | |||
| CAP-859 | Arts Castle | $ | 100,000 | 81248 | |||
| CAP-860 | Great Lakes Historical Society | $ | 325,000 | 81249 | |||
| CAP-861 | Ohio Glass Museum | $ | 250,000 | 81250 | |||
| CAP-862 | Goll Wood Homestead | $ | 50,000 | 81251 | |||
| CAP-863 | Ariel Theatre | $ | 100,000 | 81252 | |||
| CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 81253 | |||
| CAP-865 | Kennedy Stone House | $ | 15,000 | 81254 | |||
| CAP-866 | Sports Facilities Improvements - Cincinnati | $ | 4,350,000 | 81255 | |||
| CAP-867 | Ensemble Theatre | $ | 450,000 | 81256 | |||
| CAP-868 | Taft Museum | $ | 500,000 | 81257 | |||
| CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 81258 | |||
| CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 81259 | |||
| CAP-871 | Cincinnati Art & Technology Academy - Longworth Hall | $ | 100,000 | 81260 | |||
| CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 81261 | |||
| CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 81262 | |||
| CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 81263 | |||
| CAP-875 | Hocking County Historical Society - Schempp House | $ | 10,000 | 81264 | |||
| CAP-876 | Art Deco Markay Theater | $ | 200,000 | 81265 | |||
| CAP-877 | Harvey Wells House | $ | 100,000 | 81266 | |||
| CAP-878 | Bryn Du | $ | 250,000 | 81267 | |||
| CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 81268 | |||
| CAP-880 | Amherst Historical Society | $ | 35,000 | 81269 | |||
| CAP-881 | COSI - Toledo | $ | 1,900,000 | 81270 | |||
| CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 81271 | |||
| CAP-883 | Chester Academy Historic Site Renovations | $ | 25,000 | 81272 | |||
| CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 81273 | |||
| CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 81274 | |||
| CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 81275 | |||
| CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 81276 | |||
| CAP-888 | Preble County Historical Society | $ | 100,000 | 81277 | |||
| CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 81278 | |||
| CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 81279 | |||
| CAP-891 | MAPS Air Museum | $ | 15,000 | 81280 | |||
| CAP-892 | Foundation Community |
$ | 50,000 | 81281 | |||
| CAP-893 | William McKinley Library Restoration | $ | 250,000 | 81282 | |||
| CAP-894 | Hale Farm & Village | $ | 250,000 | 81283 | |||
| 81284 | |||||||
| CAP-896 | Richard Howe House | $ | 100,000 | 81285 | |||
| CAP-897 | Ward-Thomas Museum | $ | 30,000 | 81286 | |||
| CAP-898 | Packard Music Hall Renovation Project | $ | 100,000 | 81287 | |||
| CAP-899 | Holland Theatre | $ | 100,000 | 81288 | |||
| CAP-900 | Van Wert Historical Society | $ | 32,000 | 81289 | |||
| CAP-901 | Warren County Historical Society | $ | 225,000 | 81290 | |||
| CAP-902 | Marietta Colony Theatre | $ | 335,000 | 81291 | |||
| CAP-903 | West Salem Village Opera House | $ | 92,000 | 81292 | |||
| CAP-904 | Beavercreek Community Theater | $ | 100,000 | 81293 | |||
| CAP-905 | Smith Orr Homestead | $ | 100,000 | 81294 | |||
| Total Cultural Facilities Commission | $ | 81295 | |||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | 81296 | |||||
| Sec. 20.01. All items set forth in this section are hereby | 81298 |
| appropriated out of any moneys in the state treasury to the credit | 81299 |
| of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 81300 |
| not otherwise appropriated. | 81301 |
| Appropriations |
| 81302 |
| 81303 |
| CAP-012 | Land Acquisition | $ | 750,000 | 81304 | |||
| CAP-051 | Buck Creek State Park - Camp/Dock Renovations | $ | 25,000 | 81305 | |||
| CAP-060 | East Fork State Park Renovation | $ | 50,000 | 81306 | |||
| CAP-080 | Atwood Lake Conservancy District | $ | 75,000 | 81307 | |||
| CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 81308 | |||
| CAP-084 | Findley State Park General Improvements | $ | 12,500 | 81309 | |||
| 81310 | |||||||
| CAP-086 | Scippo Creek Conservation | $ | 75,000 | 81311 | |||
| CAP-087 | Belpre City Swimming Pool | $ | 125,000 | 81312 | |||
| CAP-705 | Ohio-Erie Canal Tuscarawas River Logjam Removal | $ | 25,000 | 81313 | |||
| CAP-748 | Local Parks Projects - Statewide | $ | 2,511,079 | 81314 | |||
| CAP-753 | Project Planning | $ | 1,144,316 | 81315 | |||
| CAP-881 | Dam Rehabilitation | $ | 5,000,000 | 81316 | |||
| CAP-931 | Wastewater/Water Systems Upgrades | $ | 2,900,000 | 81317 | |||
| Total Statewide and Local Projects | $ | 81318 | |||||
| 12,722,895 | 81319 | ||||||
| Total Department of Natural Resources | $ | 81320 | |||||
| 12,722,895 | 81321 | ||||||
| TOTAL Ohio Parks and Natural Resources Fund | $ | 81322 | |||||
| 12,722,895 | 81323 | ||||||
| Appropriations |
| Sec. 22.03. DMH DEPARTMENT OF MENTAL HEALTH | 81325 |
| CAP-479 | Community Assistance Projects | $ | 81326 | ||||
| CAP-978 | Infrastructure Improvements | $ | 8,050,000 | 81327 | |||
| 81328 | |||||||
| Total Department of Mental Health | $ | 9,950,000 | 81329 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 81330 |
| Of the foregoing appropriation item CAP-479, Community | 81331 |
| Assistance Projects, $200,000 shall be used for the Center for | 81332 |
| Families and Children, $100,000 shall be used for the Cleveland | 81333 |
| Christian Home, and $100,000 shall be used for the Berea | 81334 |
| Children's Home. | 81335 |
| Sec. 23.11. UCN UNIVERSITY OF CINCINNATI | 81336 |
| CAP-009 | Basic Renovations | $ | 7,022,622 | 81337 | |||
| CAP-018 | Basic Renovations-Clermont | $ | 198,926 | 81338 | |||
| CAP-054 | Basic Renovations-Walters | $ | 336,439 | 81339 | |||
| CAP-131 | Cinergy Convention Center | $ | 2,500,000 | 81340 | |||
| CAP-174 | Classroom/Teaching Laboratory Renovations | $ | 3,280,000 | 81341 | |||
| CAP-176 | Network Expansion | $ | 1,820,000 | 81342 | |||
| CAP-205 | Medical Science Building | $ | 5,870,374 | 81343 | |||
| CAP-209 | Library Renovations | $ | 1,450,000 | 81344 | |||
| CAP-224 | Van Wormer Administrative Building Rehabilitation | $ | 2,632,000 | 81345 | |||
| CAP-263 | Swift Rehabilitation | $ | 9,000,000 | 81346 | |||
| CAP-265 | Rieveschl/Crosley Rehab/Expansion | $ | 619,579 | 81347 | |||
| CAP-269 | Raymond Walters Veterinary College | $ | 1,244,131 | 81348 | |||
| CAP-313 | Expand Clermont | $ | 657,770 | 81349 | |||
| CAP-329 | Uptown Consortium Renovation of Turner Place | $ | 250,000 | 81350 | |||
| CAP-XXX | People Working Cooperatively | $ | 100,000 | 81351 | |||
| Total University of Cincinnati | $ | 81352 | |||||
| Appropriations |
| Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY | 81354 |
| CAP-023 | Basic Renovations | $ | 3,267,875 | 81355 | |||
| CAP-125 | College of Education Building | $ | 8,057,262 | 81356 | |||
| 81357 | |||||||
| CAP-152 | Rhodes Tower-Data Center Relocation | $ | 1,000,000 | 81358 | |||
| CAP-153 | University Annex-Vacation and Demolition | $ | 49,390 | 81359 | |||
| CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 81360 | |||
| CAP-155 | Cleveland Playhouse | $ | 250,000 | 81361 | |||
| CAP-156 | Physical Education Building Rehabilitation | $ | 1,000,000 | 81362 | |||
| Total Cleveland State University | $ | 81363 | |||||
| Appropriations |
| Sec. 23.13. KSU KENT STATE UNIVERSITY | 81365 |
| CAP-022 | Basic Renovations | $ | 3,573,078 | 81366 | |||
| CAP-105 | Basic Renovations-East Liverpool | $ | 151,408 | 81367 | |||
| CAP-106 | Basic Renovations-Geauga | $ | 45,607 | 81368 | |||
| CAP-107 | Basic Renovations-Salem | $ | 105,640 | 81369 | |||
| CAP-108 | Basic Renovations-Stark | $ | 325,358 | 81370 | |||
| CAP-110 | Basic Renovations-Ashtabula | $ | 177,801 | 81371 | |||
| CAP-111 | Basic Renovations-Trumbull | $ | 347,695 | 81372 | |||
| CAP-112 | Basic Renovations-Tuscarawas | $ | 171,699 | 81373 | |||
| CAP-212 | Health Science Building, Planning | $ | 705,720 | 81374 | |||
| CAP-235 | Rehabilitation of Franklin Hall | $ | 13,923,684 | 81375 | |||
| CAP-260 | Land Acquisitions & Improvements-East Liverpool | $ | 638,419 | 81376 | |||
| CAP-261 | Addition/Renovation of Classrooms-Geauga | $ | 246,878 | 81377 | |||
| CAP-262 | Gym Renovation Planning-Salem | $ | 490,213 | 81378 | |||
| CAP-263 | Parking Lot & Roadway Paving-Stark | $ | 162,076 | 81379 | |||
| CAP-264 | Fine Arts Building & New Campus Center-Stark | $ | 1,000,000 | 81380 | |||
| CAP-265 | Science Lab Addition-Trumbull | $ | 991,786 | 81381 | |||
| CAP-266 | Fine & Performing Arts Center - Tuscarawas | $ | 844,655 | 81382 | |||
| CAP-267 | Columbiana County Port Authority | $ | 875,000 | 81383 | |||
| CAP-268 | Canton Convention Center | $ | 735,000 | 81384 | |||
| CAP-269 | Blossom Music Center | $ | 2,512,500 | 81385 | |||
| Total Kent State University | $ | 81386 | |||||
| Sec. 23.26. CCC CUYAHOGA COMMUNITY COLLEGE | 81388 |
| Appropriations |
| CAP-031 | Basic Renovations | $ | 2,428,960 | 81389 | |||
| CAP-079 | Cleveland Art Museum Improvements | $ | 3,000,000 | 81390 | |||
| CAP-094 | Collegewide Wayfinding Signage System | $ | 1,067,510 | 81391 | |||
| CAP-095 | Collegewide Asset Protection and Building Codes Upgrade | $ | 1,491,522 | 81392 | |||
| CAP-096 | Health Care Technology Building - Eastern | $ | 6,050,264 | 81393 | |||
| CAP-097 | WVIZ Technology Center/Playhouse Square | $ | 750,000 | 81394 |
| Total Cuyahoga Community College | $ | 81395 |
| Sec. 23.45. STC STARK TECHNICAL COLLEGE | 81396 |
| CAP-004 | Basic Renovations | $ | 438,295 | 81397 | |||
| CAP-035 | Business Technologies Addition Rehabilitation | $ | 1,378,892 | 81398 | |||
| CAP-037 | Fuel Cell Initiative | $ | 250,000 | 81399 | |||
| Total Stark Technical College | $ | 2,067,187 | 81400 | ||||
| Total Board of Regents and State | 81401 | ||||||
| Institutions of Higher Education | $ | 81402 | |||||
| TOTAL Higher Education Improvement Fund | $ | 81403 | |||||
| Sec. 24.01. All items set forth in this section are hereby | 81405 |
| appropriated out of any moneys in the state treasury to the credit | 81406 |
| of the Parks and Recreation Improvement Fund (Fund 035) that are | 81407 |
| not otherwise appropriated. | 81408 |
| Appropriations |
| 81409 |
| CAP-004 | Burr Oak Lodge | $ | 150,000 | 81410 | |||
| CAP-012 | Land Acquisition | $ | 243,663 | 81411 | |||
| CAP-085 | The Wilds Carnivore Center | $ | 1,000,000 | 81412 | |||
| CAP-088 | Muskingum River Lock and Dam | $ | 250,000 | 81413 | |||
| CAP-234 | State Park Campgrounds, Cabins, and Lodges | $ | 2,712,500 | 81414 | |||
| CAP-331 | Park Boating Facilities | $ | 7,588,383 | 81415 | |||
| CAP-701 | Buckeye Lake State Park - Dam Rehabilitation | $ | 4,000,000 | 81416 | |||
| CAP-718 | Grand Lake St. Mary's State Park Erosion Control Project | $ | 450,000 | 81417 | |||
| CAP-748 | Local Park Projects | $ | 2,715,000 | 81418 | |||
| CAP-753 | Project Planning | $ | 175,000 | 81419 | |||
| CAP-848 | Hazardous Dam Repair - Statewide | $ | 1,325,000 | 81420 | |||
| CAP-876 | Statewide Trails | $ | 1,101,500 | 81421 | |||
| CAP-931 | Statewide Wastewater/Water Systems Upgrade | $ | 2,500,000 | 81422 | |||
| Total Department of Natural Resources | $ | 81423 | |||||
| 24,211,046 | 81424 | ||||||
| TOTAL Parks and Recreation Improvement Fund | $ | 81425 | |||||
| 24,211,046 | 81426 | ||||||
| FEDERAL REIMBURSEMENT | 81427 |
| All reimbursements received from the federal government for | 81428 |
| any expenditures made pursuant to this section shall be deposited | 81429 |
| in the state treasury to the credit of the Parks and Recreation | 81430 |
| Improvement Fund (Fund 035). | 81431 |
| LOCAL PARKS PROJECTS | 81432 |
| Of the foregoing appropriation item CAP-748, Local Parks | 81433 |
| Projects, $75,000 shall be used for the Springfield Arts Veterans' | 81434 |
| Park; $50,000 shall be used for the Village of Bentleyville Park; | 81435 |
| $25,000 shall be used for the Cleveland Police and Firefighters | 81436 |
| Memorial Park; $100,000 shall be used for the Parma Heights | 81437 |
| Greenbriar Park; $125,000 shall be used for the Fairborn Park | 81438 |
| Entrance Project; $250,000 shall be used for the Greene County | 81439 |
| Soccer Park; $750,000 shall be used for the Banks Park; $400,000 | 81440 |
| shall be used for the Colerain Township Park Improvements; | 81441 |
| $200,000 shall be used for the Colerain Township Heritage Park; | 81442 |
| $75,000 shall be used for the London Park Project; $50,000 shall | 81443 |
| be used for Somerset Park Improvements; $50,000 shall be used for | 81444 |
| Meadowbrook Park; $25,000 shall be used for Early Hill Park; | 81445 |
| $25,000 shall be used for the Wright-Flyer Aviation Park; $200,000 | 81446 |
| shall be used for Madison Township Park; $10,000 shall be used for | 81447 |
| the Wellington Soccer Field Park; $10,000 shall be used for the | 81448 |
| Greenwich Township Baseball Field Park Improvements; $20,000 shall | 81449 |
| be used for the City of London Sports Park; $25,000 shall be used | 81450 |
| for the Pleasant Hill Park Ball Field Project; and $250,000 shall | 81451 |
| be used for the Education Gateway at Sippo Lake Park. | 81452 |
| STATEWIDE TRAILS PROGRAM | 81453 |
| Of the foregoing appropriation item CAP-876, Statewide | 81454 |
| Trails, $85,000 shall be used for the Williamsburg-Batavia | 81455 |
| hike/bike trail; $16,500 shall be used for the South Milford Road | 81456 |
| Bike Trail Project; $125,000 shall be used for the Tri-County | 81457 |
| Triangle Trail in Fayette county; | 81458 |
| for the Tri-County Triangle Trail in Highland County; $125,000 | 81459 |
| shall be used for the Tri-County Triangle Trail in Ross county; | 81460 |
| $550,000 shall be used for the Camp Chase Ohio to Erie Trail; and | 81461 |
| $100,000 shall be used for the Holmes County Park District - Rails | 81462 |
| to Trails. | 81463 |
| Section 401.06. That existing Sections 16.09, 19.01, 20.01, | 81464 |
| 22.03, 23.11, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub. | 81465 |
| H.B. 16 of the 126th General Assembly are hereby repealed. | 81466 |
| Section 401.11. That Sections 203.03.09 and 203.03.10 of Am. | 81467 |
| Sub. H.B. 68 of the 126th General Assembly be amended to read as | 81468 |
| follows: | 81469 |
| Sec. 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES | 81470 |
| Of the foregoing appropriation item 772-421, Highway | 81471 |
|
Construction
- State, | 81472 |
| fiscal year during the fiscal year 2006-2007 biennium by the | 81473 |
| Department of Transportation for the construction, reconstruction, | 81474 |
| or maintenance of public access roads, including support features, | 81475 |
| to and within state facilities owned or operated by the Department | 81476 |
| of Natural Resources, as requested by the Director of Natural | 81477 |
| Resources. | 81478 |
| Notwithstanding section 5511.06 of the Revised Code, of the | 81479 |
| foregoing appropriation item 772-421, Highway Construction - | 81480 |
| State, $2,228,000 in each fiscal year of the fiscal year 2006-2007 | 81481 |
| biennium shall be used by the Department of Transportation for the | 81482 |
| construction, reconstruction, or maintenance of park drives or | 81483 |
| park roads within the boundaries of metropolitan parks. | 81484 |
| Included in the foregoing appropriation item 772-421, Highway | 81485 |
| Construction - State, the department may perform related road work | 81486 |
| on behalf of the Ohio Expositions Commission at the state | 81487 |
| fairgrounds, including reconstruction or maintenance of public | 81488 |
| access roads and support features, to and within fairground | 81489 |
| facilities as requested by the commission and approved by the | 81490 |
| Director of Transportation. | 81491 |
| LIQUIDATION OF UNFORESEEN LIABILITIES | 81492 |
| Any appropriation made to the Department of Transportation, | 81493 |
| Highway Operating Fund, not otherwise restricted by law, is | 81494 |
| available to liquidate unforeseen liabilities arising from | 81495 |
| contractual agreements of prior years when the prior year | 81496 |
| encumbrance is insufficient. | 81497 |
| Sec. 203.03.10. PREVENTIVE MAINTENANCE | 81498 |
| The Department of Transportation shall contract with an | 81499 |
| independent party to | 81500 |
| issue a report on the effectiveness and progress of preventive | 81501 |
| maintenance projects | 81502 |
| Thereafter, the Department shall issue a yearly report on or | 81503 |
| before the first day of December for three consecutive years | 81504 |
| 81505 |
| | 81506 |
| actual and planned pavement preventive maintenance activities. The | 81507 |
| data shall include the following: (1) the total number of lane | 81508 |
| miles receiving preventive maintenance treatment, by treatment | 81509 |
| type and highway system category; (2) the total number of lane | 81510 |
| miles programmed to receive treatment; (3) the actual costs of the | 81511 |
| pavement preventive maintenance activities per lane mile, by | 81512 |
| treatment type and highway system category; (4) the total number | 81513 |
| of lane miles rehabilitated or reconstructed; and (5) the actual | 81514 |
| cost per lane mile of rehabilitated or reconstructed highway, by | 81515 |
| highway system category. | 81516 |
| Section 401.12. That existing Sections 203.03.09 and | 81517 |
| 203.03.10 of Am. Sub. H.B. 68 of the 126th General Assembly are | 81518 |
| hereby repealed. | 81519 |
| Section 401.13. Notwithstanding section 5511.05 of the | 81520 |
| Revised Code, the Director of Transportation shall confer with the | 81521 |
| Director of Natural Resources in fiscal years 2006 and 2007 | 81522 |
| concerning the establishment, construction, reconstruction, | 81523 |
| improvement, repair, and maintenance of all roads and bridges | 81524 |
| within the boundaries of all state parks, including all such parks | 81525 |
| and properties under the control and custody of the Department of | 81526 |
| Natural Resources. After conferring with the Director of Natural | 81527 |
| Resources, the Director of Transportation shall establish, | 81528 |
| construct, reconstruct, improve, repair, and maintain all such | 81529 |
| roads and bridges. $5,000,000 shall be expended to establish, | 81530 |
| construct, reconstruct, improve, repair, and maintain all such | 81531 |
| roads and bridges in each fiscal year. | 81532 |
| Section 403.05. That Section 4 of Am. Sub. H.B. 516 of the | 81533 |
| 125th General Assembly be amended to read as follows: | 81534 |
| Sec. 4. The following agencies shall be retained pursuant to | 81535 |
| division (D) of section 101.83 of the Revised Code and shall | 81536 |
| expire on December 31, 2010: | 81537 |
| REVISED CODE OR | 81538 | ||||
| UNCODIFIED | 81539 | ||||
| AGENCY NAME | SECTION | 81540 |
| Administrator, Interstate Compact on Mental Health | 5119.50 | 81541 | ||
| Administrator, Interstate Compact on | 5103.20 | 81542 | ||
| Placement of Children | 81543 | |||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 81544 | ||
| Advisory Boards to the EPA for Air Pollution | 121.13 | 81545 | ||
| Advisory Boards to the EPA for Water Pollution | 121.13 | 81546 | ||
| Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 81547 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 81548 | ||
| Advisory Council on Amusement Ride Safety | 1711.51 | 81549 | ||
| Advisory Board of Directors for Prison Labor | 5145.162 | 81550 | ||
| Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 81551 | ||
| Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 81552 | ||
| Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 81553 | ||
| Alzheimer's Disease Task Force | 173.04(F) | 81554 | ||
| AMBER Alert Advisory Committee | 5502.521 | 81555 | ||
| Apprenticeship Council | 4139.02 | 81556 | ||
| Armory Board of Control | 5911.09 | 81557 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 81558 | ||
| Banking Commission | 1123.01 | 81559 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 81560 | ||
| Board of Voting Machine Examiners | 3506.05(B) | 81561 | ||
| Board of Tax Appeals | 5703.02 | 81562 | ||
| Brain Injury Advisory Committee | 3304.231 | 81563 | ||
| Capitol Square Review and Advisory Board | 105.41 | 81564 | ||
| Child Support Guideline Advisory Council | 3119.024 | 81565 | ||
| Children's Trust Fund Board | 3109.15 | 81566 | ||
| Citizens Advisory Committee (BMV) | 4501.025 | 81567 | ||
| Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 81568 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 81569 | ||
| Coastal Resources Advisory Council | 1506.12 | 81570 | ||
| Commission on African-American Males | 4112.12 | 81571 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 81572 | ||
| Commission on Minority Health | 3701.78 | 81573 | ||
| Committee on Prescriptive Governance | 4723.49 | 81574 | ||
| Commodity Advisory Commission | 926.32 | 81575 | ||
| Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council | 5123.353 | 81576 | ||
| Community Oversight Council | 3311.77 | 81577 | ||
| Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 81578 | ||
| 81579 | ||||
| Continuing Education Committee (for Sheriffs) | 109.80 | 81580 | ||
| Controlling Board | 127.12 | 81581 | ||
| Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 81582 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 81583 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 81584 | ||
| Council to Advise on the Establishment and Implementation of the Birth Defects Information System | 3705.34 | 81585 | ||
| County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 81586 | ||
| Credit Union Council | 1733.329 | 81587 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 81588 | ||
| Day-Care Advisory Council | 5104.08 | 81589 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 81590 | ||
| Development Financing Advisory Council | 122.40 | 81591 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48 | 81592 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 81593 | ||
| Emergency Response Commission | 3750.02 | 81594 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 81595 | ||
| Environmental Education Council | 3745.21 | 81596 | ||
| Environmental Review Appeals Commission | 3745.02 | 81597 | ||
| EPA Advisory Boards or Councils | 121.13 | 81598 | ||
| Farmland Preservation Advisory Board | 901.23 | 81599 | ||
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 81600 | ||
| Financial Planning & Supervision Commission for School District | 3316.05 | 81601 | ||
| Forestry Advisory Council | 1503.40 | 81602 | ||
| Governance Authority for a State University or College | 3345.75 | 81603 | ||
| Governor's Advisory Council on Physical Fitness, Wellness, & Sports | 3701.77 | 81604 | ||
| Governor's Council on People with Disabilities | 3303.41 | 81605 | ||
| Governor's Residence Advisory Commission | 107.40 | 81606 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 81607 | ||
| Gubernatorial Transition Committee | 107.29 | 81608 | ||
| Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 81609 | ||
| Hemophilia Advisory Subcommittee | 3701.0210 | 81610 | ||
| Housing Trust Fund Advisory Committee | 175.25 | 81611 | ||
| Industrial Commission Nominating Council | 4121.04 | 81612 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29 | 81613 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 81614 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 81615 | ||
| Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 81616 | ||
| Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 81617 | ||
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 81618 | ||
| Joint Council on MR/DD | 101.37 | 81619 | ||
| Joint Select Committee on Volume Cap | 133.021 | 81620 | ||
| Labor-Management Government Advisory Council | 4121.70 | 81621 | ||
| Legal Rights Service Commission | 5123.60 | 81622 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 81623 | ||
| Maternal and Child Health Council | 3701.025 | 81624 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 81625 | ||
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 81626 | ||
| Military Activation Task Force | 5902.15 | 81627 | ||
| Milk Sanitation Board | 917.03 | 81628 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 81629 | ||
| Minority Development Financing Board | 122.72 | 81630 | ||
| Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 81631 | ||
| Multidisciplinary Council | 3746.03 | 81632 | ||
| Muskingum River Advisory Council | 1501.25 | 81633 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 81634 | ||
| 81635 | ||||
| Ohio Advisory Council for the Aging | 173.03 | 81636 | ||
| Ohio Aerospace & Defense Advisory Council | 122.98 | 81637 | ||
| Ohio Arts Council | 3379.02 | 81638 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 81639 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05 | 81640 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 81641 | ||
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 81642 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 81643 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 81644 | ||
| Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 81645 | ||
| Ohio Community Service Council | 121.40 | 81646 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 81647 | ||
| Ohio Cultural Facilities Commission | 3383.02 | 81648 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 81649 | ||
| Ohio Educational Telecommunications Network Commission | 3353.02 | 81650 | ||
| Ohio Ethics Commission | 102.05 | 81651 | ||
| Ohio Expositions Commission | 991.02 | 81652 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 81653 | ||
| Ohio Geology Advisory Council | 1505.11 | 81654 | ||
| Ohio Grape Industries Committee | 924.51 | 81655 | ||
| Ohio Hepatitis C Advisory Commission | 3701.92 | 81656 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 81657 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 81658 | ||
| Ohio Judicial Conference | 105.91 | 81659 | ||
| Ohio Lake Erie Commission | 1506.21 | 81660 | ||
| Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 81661 | ||
| Ohio Medical Quality Foundation | 3701.89 | 81662 | ||
| Ohio Parks and Recreation Council | 1541.40 | 81663 | ||
| Ohio Peace Officer Training Commission | 109.71 | 81664 | ||
| Ohio Public Defender Commission | 120.01 | 81665 | ||
| Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 81666 | ||
| Ohio Public Works Commission | 164.02 | 81667 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 81668 | ||
| Ohio SchoolNet Commission | 3301.80 | 81669 | ||
| Ohio Small Government Capital Improvements Commission | 164.02 | 81670 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 81671 | ||
| Ohio Standardbred Development Commission | 3769.085 | 81672 | ||
| Ohio Steel Industry Advisory Council | 122.97 | 81673 | ||
| Ohio Teacher Education and Licensure Advisory Council | 3319.28(D) | 81674 | ||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 81675 | ||
| Ohio Tuition Trust Authority | 3334.03 | 81676 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 81677 | ||
| Ohio Vendors Representative Committee | 3304.34 | 81678 | ||
| Ohio War Orphans Scholarship Board | 5910.02 | 81679 | ||
| Ohio Water Advisory Council | 1521.031 | 81680 | ||
| Ohio Water Resources Council | 1521.19 | 81681 | ||
| Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 81682 | ||
| Oil and Gas Commission | 1509.35 | 81683 | ||
| Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 81684 | ||
| Organized Crime Investigations Commission | 177.01 | 81685 | ||
| Parole Board | 5149.10 | 81686 | ||
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 5111.81 | 81687 | ||
| Physician Loan Repayment Advisory Board | 3702.81 | 81688 | ||
| Power Siting Board | 4906.02 | 81689 | ||
| Prequalification Review Board | 5525.07 | 81690 | ||
| Private Water Systems Advisory Council | 3701.346 | 81691 | ||
| Public Employment Risk Reduction Advisory Commission | 4167.02 | 81692 | ||
| Public Health Council | 3701.33 | 81693 | ||
| Public Utilities Commission Nominating Council | 4901.021 | 81694 | ||
| Public Utility Property Tax Study Committee | 5727.85 | 81695 | ||
| Radiation Advisory Council | 3748.20 | 81696 | ||
| Reclamation Commission | 1513.05 | 81697 | ||
| Recreation and Resources Commission | 1501.04 | 81698 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 81699 | ||
| Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 81700 | ||
| Release Authority of Department of Youth Services | 5139.50 | 81701 | ||
| Savings & Loans Associations & Savings Banks Board | 1181.16 | 81702 | ||
| Schools and Ministerial Lands Divestiture Committee | 501.041 | 81703 | ||
| Second Chance Trust Fund Advisory Committee | 2108.17 | 81704 | ||
| Self-Insuring Employers Evaluation Board | 4123.352 | 81705 | ||
| Services Committee of the Workers' Compensation System | 4121.06 | 81706 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 81707 | ||
| Solid Waste Management Advisory Council | 3734.51 | 81708 | ||
| State Agency Coordinating Group | 1521.19 | 81709 | ||
| State Board of Deposit | 135.02 | 81710 | ||
| State Board of Emergency Medical Services Subcommittees | 4765.04 | 81711 | ||
| State Council of Uniform State Laws | 105.21 | 81712 | ||
| State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 81713 | ||
| State Criminal Sentencing Commission | 181.21 | 81714 | ||
| State Employment Relations Board | 4117.02 | 81715 | ||
| State Fire Commission | 3737.81 | 81716 | ||
| State Racing Commission | 3769.02 | 81717 | ||
| State Victims Assistance Advisory Committee | 109.91 | 81718 | ||
| Student Tuition Recovery Authority | 3332.081 | 81719 | ||
| Tax Credit Authority | 122.17 | 81720 | ||
| Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 81721 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 81722 | ||
| Transportation Review Advisory Council | 5512.07 | 81723 | ||
| Unemployment Compensation Review Commission | 4141.06 | 81724 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 81725 | ||
| Utility Radiological Safety Board | 4937.02 | 81726 | ||
| Vehicle Management Commission | 125.833 | 81727 | ||
| Veterans Advisory Committee | 5902.02(K) | 81728 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 81729 | ||
| Water and Sewer Commission | 1525.11(C) | 81730 | ||
| Waterways Safety Council | 1547.73 | 81731 | ||
| Wildlife Council | 1531.03 | 81732 | ||
| Workers' Compensation System Oversight Commission | 4121.12 | 81733 | ||
| Workers' Compensation Oversight Commission Nominating Committee | 4121.123 | 81734 |
| Section 403.06. That existing Section 4 of Am. Sub. H.B. 516 | 81735 |
| of the 125th General Assembly is hereby repealed. | 81736 |
| Section 403.11. That Section 3 of Am. Sub. H.B. 621 of the | 81737 |
| 122nd General Assembly, as most recently amended by Am. Sub. H.B. | 81738 |
| 95 of the 125th General Assembly, be amended to read as follows: | 81739 |
| Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and | 81740 |
| 901.83 of the Revised Code are hereby repealed, effective October | 81741 |
| 15, | 81742 |
| Section 403.12. That existing Section 3 of Am. Sub. H.B. 621 | 81743 |
| of the 122nd General Assembly, as most recently amended by Am. | 81744 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 81745 |
| Section 403.17. That Section 153 of Am. Sub. H.B. 117 of the | 81746 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 81747 |
| 95 of the 125th General Assembly, be amended to read as follows: | 81748 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 81749 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 81750 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 81751 |
|
repealed, effective
October 16, | 81752 |
| (B) Any money remaining in the Legislative Budget Services | 81753 |
|
Fund
on
October 16, | 81754 |
| the Revised Code is repealed by division (A) of this section, | 81755 |
| shall be used solely for the purposes stated in then former | 81756 |
| section 5112.19 of the Revised Code. When all money in the | 81757 |
| Legislative Budget Services Fund has been spent after then former | 81758 |
| section 5112.19 of the Revised Code is repealed under division (A) | 81759 |
| of this section, the fund shall cease to exist. | 81760 |
| Section 403.18. That existing Section 153 of Am. Sub. H.B. | 81761 |
| 117 of the 121st General Assembly, as most recently amended by Am. | 81762 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 81763 |
| Section 403.23. That Section 5 of Am. Sub. S.B. 50 of the | 81764 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 81765 |
| 95 of the 125th General Assembly, be amended to read as follows: | 81766 |
| Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st | 81767 |
|
General Assembly shall take effect
July 1,
| 81768 |
| Section 403.24. That existing Section 5 of Am. Sub. S.B. 50 | 81769 |
| of the 121st General Assembly, as most recently amended by Am. | 81770 |
| Sub. H.B. 95 of the 125th General Assembly is hereby repealed. | 81771 |
| Section 490.03. That Section 59.19 of Am. Sub. H.B. 95 of the | 81772 |
| 125th General Assembly is hereby repealed. | 81773 |
| Section 490.06. That Section 147 of Am. Sub. H.B. 95 of the | 81774 |
| 125th General Assembly is hereby repealed. | 81775 |
| Section 501.03. (A) There is hereby created the Task Force on | 81776 |
| Law Library Associations, consisting of thirteen members. The | 81777 |
| Speaker and Minority Leader of the House of Representatives shall | 81778 |
| each appoint one member of the House of Representatives to the | 81779 |
| Task Force. The President and Minority Leader of the Senate shall | 81780 |
| each appoint one member of the Senate to the Task Force. The Ohio | 81781 |
| Judicial Conference shall appoint three members to the Task Force, | 81782 |
| two of whom shall be judges who are members of the Conference and | 81783 |
| one of whom shall be a law librarian associated with a law library | 81784 |
| association. The County Commissioners Association of Ohio shall | 81785 |
| appoint three members to the Task Force, one of whom shall be a | 81786 |
| representative of the public. The Ohio State Bar Association shall | 81787 |
| appoint three members to the Task Force, two of whom shall be | 81788 |
| attorneys licensed to practice law in this state and one of whom | 81789 |
| shall be a law librarian associated with a law library | 81790 |
| association. Appointments to the Task Force shall be made by | 81791 |
| September 1, 2005. Vacancies on the Task Force shall be filled in | 81792 |
| the manner provided for original appointments. | 81793 |
| (B)(1) The Task Force shall do each of the following: | 81794 |
| (a) Gather information on and study the current state of the | 81795 |
| law library associations in this state covered by sections 3375.48 | 81796 |
| to 3375.56 of the Revised Code, with particular emphasis on the | 81797 |
| structure, funding, and administration of their law libraries, and | 81798 |
| on the effect of technology on, and access to, their law | 81799 |
| libraries; | 81800 |
| (b) Make recommendations on the structure, funding, and | 81801 |
| administration of these law libraries presently and over the next | 81802 |
| five calendar years; | 81803 |
| (c) Make recommendations as to how to ensure that these law | 81804 |
| libraries remain open and may be made available to members of the | 81805 |
| public. | 81806 |
| (2) The Task Force shall submit a report of its findings and | 81807 |
| recommendations to the Speaker and Minority Leader of the House of | 81808 |
| Representatives, the President and Minority Leader of the Senate, | 81809 |
| and the Chief Justice of the Supreme Court by June 30, 2006. Upon | 81810 |
| submission of its report, the Task Force shall cease to exist. | 81811 |
| (C) Sections 101.82 to 101.87 of the Revised Code do not | 81812 |
| apply to the Task Force. | 81813 |
| Section 503.01. (A) There is hereby created the Local | 81814 |
| Government Public Notice Task Force consisting of the following | 81815 |
| sixteen members: | 81816 |
| (1) Two members of the House of Representatives, one member | 81817 |
| appointed by the Speaker of the House of Representatives and one | 81818 |
| member appointed by the Minority Leader of the House of | 81819 |
| Representatives; | 81820 |
| (2) Two members of the Senate, one member appointed by the | 81821 |
| President of the Senate and one member appointed by the Minority | 81822 |
| Leader of the Senate; | 81823 |
| (3) One member representing the Governor's office, appointed | 81824 |
| by the Governor; | 81825 |
| (4) One member from an organization representing municipal | 81826 |
| government, one member from an organization representing county | 81827 |
| government, and one member from an organization representing | 81828 |
| township government, appointed by the Speaker of the House of | 81829 |
| Representatives; | 81830 |
| (5) One member representing county recorders, one member | 81831 |
| representing prosecuting attorneys, one member representing county | 81832 |
| sheriffs, one member representing county coroners, one member | 81833 |
| representing county engineers, one member representing county | 81834 |
| auditors, one member representing county treasurers, and one | 81835 |
| member representing clerks of the courts of common pleas, | 81836 |
| appointed by the Speaker of the House of Representatives from | 81837 |
| groups that represent each of these county officials. | 81838 |
| (B) Appointments to the Task Force shall be made not later | 81839 |
| than thirty days after the effective date of this section. The | 81840 |
| member of the House of Representatives appointed by the Speaker of | 81841 |
| the House of Representatives shall be the chairperson of the Task | 81842 |
| Force, and the member of the Senate appointed by the President of | 81843 |
| the Senate shall serve as the vice-chairperson of the Task Force. | 81844 |
| The members of the Task Force shall serve without compensation, | 81845 |
| but may be reimbursed for their actual and necessary expenses | 81846 |
| incurred in performing the official duties and responsibilities of | 81847 |
| the Task Force. The Task Force shall meet as often as necessary to | 81848 |
| carry out its official duties and responsibilities. | 81849 |
| (C) The Task Force shall study the various public notice | 81850 |
| requirements in existence for local governments and determine if | 81851 |
| there are other ways to fulfill those requirements, such as by the | 81852 |
| use of media or technology other than those currently mandated. | 81853 |
| The Task Force shall determine if any changes would be more | 81854 |
| efficient or economical, considering what is practical. Not later | 81855 |
| than one year after the effective date of this section, the Task | 81856 |
| Force shall prepare and submit a report of its findings and | 81857 |
| recommendations on alternative ways to fulfill local government | 81858 |
| public notice requirements to the Governor, the President and | 81859 |
| Minority Leader of the Senate, and the Speaker and Minority Leader | 81860 |
| of the House of Representatives. On submission of that report, the | 81861 |
| Task Force shall cease to exist. | 81862 |
| (D) Sections 101.82 to 101.87 of the Revised Code do not | 81863 |
| apply to the Task Force. | 81864 |
| Section 503.03. As used in this section, "state agency" means | 81865 |
| the administrative departments identified in section 121.02 of the | 81866 |
| Revised Code and the bureau of workers' compensation. | 81867 |
| During 2005, the Auditor of State shall examine the | 81868 |
| compliance of each state agency with the requirements of section | 81869 |
| 131.02 of the Revised Code. The examination shall inquire into the | 81870 |
| following matters: | 81871 |
| (A) The practices and procedures used by the agency to | 81872 |
| collect claims before the claims are certified to the Attorney | 81873 |
| General as required by section 131.02 of the Revised Code; | 81874 |
| (B) The number of individuals employed by the agency or | 81875 |
| engaged under contract with the agency in 2003 and 2004 whose only | 81876 |
| or whose primary duty is to collect amounts owed to the agency; | 81877 |
| (C) For claims certified to the Attorney General under | 81878 |
| section 131.02 of the Revised Code in 2003 and 2004, the average | 81879 |
| number of days elapsing between the last day for timely payment of | 81880 |
| the claims and the day the agency certified the claim to the | 81881 |
| Attorney General. | 81882 |
| For the purposes of the examination required by this section, | 81883 |
| the Auditor of State may request a state agency to provide reports | 81884 |
| to the Auditor of State on the matters described under divisions | 81885 |
| (A), (B), and (C) of this section. State agencies shall provide | 81886 |
| such reports to the Auditor of State within 60 days after the | 81887 |
| request, but the Auditor of State may extend the time for | 81888 |
| providing the report for good cause for up to sixty days. | 81889 |
| Not later than March 31, 2006, the Auditor of State shall | 81890 |
| submit a written report of the Auditor of State's findings under | 81891 |
| this section to the Governor, the Speaker of the House of | 81892 |
| Representatives, the President of the Senate, and the Legislative | 81893 |
| Service Commission. | 81894 |
| Section 503.09. (A) There is hereby created the Correctional | 81895 |
| Faith-Based Initiatives Task Force consisting of the following | 81896 |
| fifteen members: | 81897 |
| (1) One member of the House of Representatives appointed by | 81898 |
| the Speaker of the House of Representatives; | 81899 |
| (2) One member of the House of Representatives appointed by | 81900 |
| the leader of the minority party of the House of Representatives; | 81901 |
| (3) One member of the Senate appointed by the President of | 81902 |
| the Senate; | 81903 |
| (4) One member of the Senate appointed by the Minority Leader | 81904 |
| of the Senate; | 81905 |
| (5) Two members appointed by the Governor; | 81906 |
| (6) The Director of Rehabilitation and Correction or the | 81907 |
| director's designee; | 81908 |
| (7) Three members appointed by the Director of Rehabilitation | 81909 |
| and Correction who have expertise or experience in faith-based | 81910 |
| programs in the correctional setting; | 81911 |
| (8) The Director of Job and Family Services or the director's | 81912 |
| designee; | 81913 |
| (9) The Director of Youth Services or the director's | 81914 |
| designee; | 81915 |
| (10) The Director of Alcohol and Drug Addiction Services or | 81916 |
| the director's designee; | 81917 |
| (11) The Director of Mental Health or the director's | 81918 |
| designee; | 81919 |
| (12) One member appointed by the executive assistant in | 81920 |
| charge of the Governor's Office of Faith-Based and Community | 81921 |
| Initiatives. | 81922 |
| (B) The Director of Rehabilitation and Correction, or the | 81923 |
| director's designee, and the member of the House of | 81924 |
| Representatives appointed by the Speaker of the House of | 81925 |
| Representatives shall be co-chairs of the task force. The task | 81926 |
| force shall meet at least once each month. The Department of | 81927 |
| Rehabilitation and Correction shall provide the task force with a | 81928 |
| meeting room and secretarial assistance. | 81929 |
| (C) The task force shall study seamless faith-based solutions | 81930 |
| to problems in the correctional system, focusing on diversion | 81931 |
| programs, programs and services in the prison system and for | 81932 |
| families of incarcerated individuals, and the faith-based and | 81933 |
| nonprofit organizations that provide the programs and services. | 81934 |
| The task force shall examine existing faith-based programs in | 81935 |
| prisons in Ohio and other states and shall consider the | 81936 |
| feasibility of replicating programs from other states and | 81937 |
| developing model faith-based penal institutions, faith-based units | 81938 |
| within penal institutions, and faith-based programs to reduce | 81939 |
| recidivism of offenders after their release from prison, improve | 81940 |
| prison management, and deal with juveniles who have been held over | 81941 |
| to or are in the adult penal system or who have parents who are | 81942 |
| incarcerated. | 81943 |
| (D) On or before the first anniversary of the effective date | 81944 |
| of this section, the task force shall provide a written report and | 81945 |
| recommendations to the Governor, the Speaker of the House of | 81946 |
| Representatives, and the President of the Senate. Upon submitting | 81947 |
| the report and recommendations, the task force shall cease to | 81948 |
| exist. | 81949 |
| Section 503.12. (A) There is hereby created the Local | 81950 |
| Government and Library Financing and Support Committee consisting | 81951 |
| of the following eight members: | 81952 |
| (1) Four members of the House of Representatives who are | 81953 |
| members of the House Finance and Appropriations Committee, two | 81954 |
| appointed by the Speaker of the House of Representatives and two | 81955 |
| appointed by the Minority Leader of the House of Representatives; | 81956 |
| (2) Four members of the Senate who are members of the Senate | 81957 |
| Finance and Financial Institutions Committee, two appointed by the | 81958 |
| President of the Senate and two appointed by the Minority Leader | 81959 |
| of the Senate. | 81960 |
| All appointments shall be made within thirty days after the | 81961 |
| effective date of this section. Vacancies on the Committee shall | 81962 |
| be filled in the same manner as the original appointments. The | 81963 |
| Speaker shall designate one of the members of the Committee to | 81964 |
| serve as chairperson. | 81965 |
| (B) The Committee shall study potential sources of state | 81966 |
| funding for the Local Government Fund, the Library and Local | 81967 |
| Government Support Fund, and the Local Government Revenue | 81968 |
| Assistance Fund that have the capacity to allow for growth in | 81969 |
| funding levels and to provide stability in funding levels. | 81970 |
| (C) The Committee may request staff assistance from the Tax | 81971 |
| Commissioner and the Legislative Service Commission. | 81972 |
| (D) Not later than June 1, 2006, the Committee shall submit a | 81973 |
| report to the Governor and to the General Assembly setting forth | 81974 |
| the Committee's recommendations for sources of funding for the | 81975 |
| funds specified in division (B) of this section, together with | 81976 |
| suggested legislation to implement the recommendations. The | 81977 |
| Committee may submit additional recommendations after June 1, | 81978 |
| 2006, to the Governor and the General Assembly. | 81979 |
| (E) The Committee shall cease to exist on December 31, 2006. | 81980 |
| Section 506.03. (A) The Governor is hereby authorized to | 81981 |
| execute a deed in the name of the state conveying to | 81982 |
| Hocking.Athens.Perry Community Action and its successors and | 81983 |
| assigns all of the state's right, title, and interest in the | 81984 |
| following described real estate: | 81985 |
| Situate in the Village of Glouster, Trimble Township, Athens | 81986 |
| County, Ohio, and being a part of a tract as described in Volume | 81987 |
| 384, Page 47 of the Deed Records of Athens County, and being more | 81988 |
| particularly described as follows: | 81989 |
| Beginning at an iron pin set at the northeast corner of Lot | 81990 |
| 848 of the Wassall Fire Clay Company's Addition to the Village of | 81991 |
| Glouster; thence along the south line of a 10.00 foot alley South | 81992 |
| 85º 54' 29" East 219.30 feet to an iron pin set, thence along the | 81993 |
| west line of a 4.27 acre tract (ORV 4-442) South 2º 25' 37" East, | 81994 |
| 528.53 feet to an iron pin found; thence along the west line of a | 81995 |
| 44.21 acre tract (ORV 172-611) South 24º 08' 53" West, 412.51 feet | 81996 |
| to an iron pin found; thence North 81º 51' 07" West 594.65 feet to | 81997 |
| a point on the east right of way line of the former Toledo and | 81998 |
| Ohio Central Railroad (passing an iron pin found at 586.43 feet); | 81999 |
| thence along said line North 1º 39' 06" West, 734.24 feet to an | 82000 |
| iron pin found; thence along the south line of Lot 860 in said | 82001 |
| Village South 85º 54' 11" East, 188.77 feet to an iron pin set; | 82002 |
| thence along the east line of Lots 860 and 859 North 4º 05' 20" | 82003 |
| East, 100.00 feet to an iron pin set (an iron pin found for | 82004 |
| reference bears South 70º 30' 21" East, 1.01 feet); thence along | 82005 |
| the south line of Lots 857 and 848 South 85º 54' 29" East, 340.04 | 82006 |
| feet to an iron pin found; thence along the east line of Lot 848 | 82007 |
| North 4º 05' 30" East, 40.00 feet to the point of beginning and | 82008 |
| containing 14.046 acres. | 82009 |
| Subject to all Easements and Rights of Way of Record. | 82010 |
| Bearings used are to an assumed meridian and are for angular | 82011 |
| determination only. | 82012 |
| Surveyed October 1996 by Kenneth E. Highland, Ohio PLS | 82013 |
| #S-7581. | 82014 |
| EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TWO TRACTS: | 82015 |
| Tract 1-0.020 acre: Situate in the Village of Glouster, | 82016 |
| Trimble Township, Athens County, Ohio, and being a part of a tract | 82017 |
| as previously described in Volume 384, Page 47 of the Deed Records | 82018 |
| of Athens County and being more particularly described as follows: | 82019 |
| Commencing at an iron pin set at the southeast corner of Lot 860 | 82020 |
| of the Wassall Fire Clay Company's Addition to the Village of | 82021 |
| Glouster; thence along the south line of said lot North 85º 54' | 82022 |
| 11" West, 88.77 feet to an iron pin set at the point of beginning | 82023 |
| of this tract; thence leaving said line and along a new line South | 82024 |
| 4º 05' 49" West, 15.00 feet to a point (passing an iron pin set at | 82025 |
| 10.00 feet); thence along a new line parallel to the south line of | 82026 |
| the previously mentioned lot line North 85º 54' 11" West, 60.00 | 82027 |
| feet to an iron pin set; thence North 4º 05' 49" East, 15.00 feet | 82028 |
| to an iron pin set on grantors most westerly north line (passing | 82029 |
| an iron pin set at 5.00 feet); thence along said line South 85º | 82030 |
| 54' 11" East, 60.00 feet to the point of beginning and containing | 82031 |
| 0.020 acre. Subject to all easements and rights of way of record. | 82032 |
| Bearings used are to an assumed meridian and are for angular | 82033 |
| determination only. Surveyed August 1997 by Kenneth E. Highland, | 82034 |
| Ohio PLS #S-7581. | 82035 |
| Deed Reference:Volume 263, Page 540 and Volume 299, Page 185, | 82036 |
| Athens County Official Records. | 82037 |
| Tract 2-0.013 acre: Situate in the Village of Glouster, | 82038 |
| Trimble Township, Athens County, Ohio, and being a part of a tract | 82039 |
| as previously described in Volume 384, Page 47 of the Deed Records | 82040 |
| of Athens County and being more particularly described as follows: | 82041 |
| Commencing at an iron pin set at the southwest corner of Lot 857 | 82042 |
| of the Wassall Fire Clay Company's Addition to the Village of | 82043 |
| Glouster; thence along the south line of said lot South 85º 54' | 82044 |
| 29" East, 90.00 feet to an iron pin set at the point of beginning | 82045 |
| of this tract; thence continuing along said line South 85º 54' 29" | 82046 |
| East, 60.00 feet to an iron pin set at the southeast corner of | 82047 |
| said lot; thence along a new line South 4º 05' 31" West 10.00 feet | 82048 |
| to an iron pin set; thence along a line parallel to the south line | 82049 |
| of Lot 857 North 85º 54' 29" West, 60.00 feet to an iron pin set; | 82050 |
| thence along a new line North 4º 05' 31" East, 10.00 feet to the | 82051 |
| point of beginning and containing 0.013 acre. Subject to all | 82052 |
| easements and rights of way of record. Bearings used are to an | 82053 |
| assumed meridian and are for angular determination only. Surveyed | 82054 |
| August 1997 by Kenneth E. Highland, Ohio PLS #S-7581; revised June | 82055 |
| 2000. | 82056 |
| Deed Reference:Volume 299, Page 704; Volume 263, Page 544; | 82057 |
| and Volume 299, Page 183, Athens County Official Records. | 82058 |
| DEED REFERENCE:VOLUME _____, PAGE _____; VOLUME 298, PAGE | 82059 |
| 2439; AND VOLUME 258, PAGE 79, ATHENS COUNTY OFFICIAL RECORDS. | 82060 |
| (B) Consideration for the conveyance of the real estate | 82061 |
| described in division (A) of this section is the purchase price of | 82062 |
| one dollar. | 82063 |
| (C) Upon payment of the purchase price, the Auditor of State, | 82064 |
| with the assistance of the Attorney General, shall prepare a deed | 82065 |
| to the real estate described in division (A) of this section. The | 82066 |
| deed shall state the consideration. The deed shall be executed by | 82067 |
| the Governor in the name of the state, countersigned by the | 82068 |
| Secretary of State, sealed with the Great Seal of the State, | 82069 |
| presented in the Office of the Auditor of State for recording, and | 82070 |
| delivered to Hocking.Athens.Perry Community Action. | 82071 |
| Hocking.Athens.Perry Community Action shall present the deed for | 82072 |
| recording in the Office of the Athens County Recorder. | 82073 |
| (D) Hocking.Athens.Perry Community Action shall pay the costs | 82074 |
| of the conveyance of the real estate described in division (A) of | 82075 |
| this section. | 82076 |
| (E) This section expires one year after its effective date. | 82077 |
| Section 509.03. (A)(1) The Clerk of the Medina Municipal | 82078 |
| Court shall be elected by the qualified electors of the territory | 82079 |
| of the court in the manner that is provided for the election of | 82080 |
| the judge of that court in section 1901.07 of the Revised Code at | 82081 |
| the first general election that occurs not less than six months | 82082 |
| after the effective date of this section. | 82083 |
| (2) Notwithstanding division (A)(1)(a) of section 1901.31 of | 82084 |
| the Revised Code, the term of the Clerk of the Medina Municipal | 82085 |
| Court elected under division (A)(1) of this section shall commence | 82086 |
| on the first day of January following the clerk's election and | 82087 |
| continue until the clerk's successor is elected and qualified. The | 82088 |
| clerk's successor shall be elected pursuant to the schedule for | 82089 |
| the election of the judge of that court in sections 1901.07 and | 82090 |
| 1901.08 of the Revised Code. | 82091 |
| (B) The Clerk of the Medina Municipal Court shall continue in | 82092 |
| office until the clerk elected pursuant to division (A) of this | 82093 |
| section takes office. If the office of Clerk of the Medina | 82094 |
| Municipal Court becomes vacant prior to the date that the clerk | 82095 |
| elected pursuant to division (A) of this section takes office, the | 82096 |
| judges of the court shall appoint a clerk to serve until the clerk | 82097 |
| elected pursuant to division (A) of this section takes office. | 82098 |
| Section 553.01. (A) As used in this section: | 82099 |
| (1) "Qualifying delinquent taxes" means any tax levied under | 82100 |
| Chapter 5733., 5739., 5741., 5747., or 5748. of the Revised Code, | 82101 |
| including the taxes levied under sections 5733.41 and 5747.41 of | 82102 |
| the Revised Code and taxes required to be withheld under Chapters | 82103 |
| 5747. and 5748. of the Revised Code, which were due and payable | 82104 |
| from any person as of May 1, 2005, were unreported or | 82105 |
| underreported, and remain unpaid. | 82106 |
| (2) "Qualifying delinquent personal property taxes" means a | 82107 |
| tax for which a return is filed under section 5711.02 of the | 82108 |
| Revised Code. (3) "Qualifying delinquent taxes" and "qualifying | 82109 |
| delinquent personal property taxes" do not include any tax for | 82110 |
| which a notice of assessment or audit has been issued, for which a | 82111 |
| bill has been issued, or for which an audit has been conducted or | 82112 |
| is currently being conducted. | 82113 |
| (B) The Tax Commissioner shall establish and administer a tax | 82114 |
| amnesty program with respect to qualifying delinquent taxes and | 82115 |
| qualifying delinquent personal property taxes. The program shall | 82116 |
| commence on November 1, 2005, and shall conclude on December 15, | 82117 |
| 2005. The Tax Commissioner shall issue forms and instructions and | 82118 |
| take other actions necessary to implement the program. The Tax | 82119 |
| Commissioner shall publicize the program so as to maximize public | 82120 |
| awareness and participation in the program. | 82121 |
| (C)(1) During the program, if a person pays the full amount | 82122 |
| of qualifying delinquent taxes owed by that person and one-half of | 82123 |
| any interest that has accrued as a result of the person failing to | 82124 |
| pay those taxes in a timely fashion, the Tax Commissioner shall | 82125 |
| waive or abate all applicable penalties and one-half of any | 82126 |
| interest that accrued on the qualifying delinquent taxes. | 82127 |
| (2) During the program, if a person who owes qualifying | 82128 |
| delinquent personal property taxes files a return with the Tax | 82129 |
| Commissioner, in the form and manner prescribed by the Tax | 82130 |
| Commissioner, listing all taxable property that was required to be | 82131 |
| listed on the return required to be filed under section 5711.02 of | 82132 |
| the Revised Code, the Tax Commissioner shall issue a preliminary | 82133 |
| assessment certificate to the appropriate county auditor. Upon | 82134 |
| receiving a preliminary assessment certificate issued by the Tax | 82135 |
| Commissioner pursuant to this division, the county auditor shall | 82136 |
| compute the amount of qualifying delinquent personal property | 82137 |
| taxes owed by the person and shall add to that amount one-half of | 82138 |
| the interest prescribed under sections 5711.32 and 5719.041 of the | 82139 |
| Revised Code. The county treasurer shall collect the amount of tax | 82140 |
| and interest computed by the county auditor under this division by | 82141 |
| preparing and mailing a tax bill to the person as prescribed in | 82142 |
| section 5711.32 of the Revised Code. If the person pays the full | 82143 |
| amount of tax and interest thereon on or before the date shown on | 82144 |
| the tax bill all applicable penalties and one-half of any interest | 82145 |
| that accrued on the qualifying delinquent personal property taxes | 82146 |
| shall be waived. | 82147 |
| (3) No payment required under division (G) of section 321.24 | 82148 |
| of the Revised Code shall be made with respect to any person who | 82149 |
| pays qualifying delinquent personal property taxes under division | 82150 |
| (C)(2) of this section. | 82151 |
| (4) Notwithstanding any contrary provision of the Revised | 82152 |
| Code, the Tax Commissioner shall not furnish to the county auditor | 82153 |
| any information pertaining to the exemption from taxation under | 82154 |
| division (C)(3) of section 5709.01 of the Revised Code insofar as | 82155 |
| that information pertains to any person who pays qualifying | 82156 |
| delinquent personal property taxes under division (C)(2) of this | 82157 |
| section. | 82158 |
| (D) The Tax Commissioner may require a person participating | 82159 |
| in the program to file returns or reports, including amended | 82160 |
| returns and reports, in connection with the person's payment of | 82161 |
| qualifying delinquent taxes or qualifying delinquent personal | 82162 |
| property taxes. | 82163 |
| (E) A person who participates in the program and pays in full | 82164 |
| any outstanding qualifying delinquent tax or qualifying delinquent | 82165 |
| personal property tax and the interest payable on such tax in | 82166 |
| accordance with this section shall not be subject to any criminal | 82167 |
| prosecution or any civil action with respect to that tax, and no | 82168 |
| assessment shall thereafter be issued against that person with | 82169 |
| respect to that tax. | 82170 |
| (F) Taxes and interest collected under the program shall be | 82171 |
| credited to the General Revenue Fund, except that: | 82172 |
| (1) Qualifying delinquent personal property taxes and | 82173 |
| interest payable thereon shall be credited to the appropriate | 82174 |
| county undivided income tax fund, and the county auditor shall | 82175 |
| distribute the amount thereof among the various taxing districts | 82176 |
| in the county as if it had been levied, collected, and settled, as | 82177 |
| personal property taxes; | 82178 |
| (2) Qualifying delinquent taxes levied under section | 82179 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code shall be | 82180 |
| distributed to the appropriate counties and transit authorities in | 82181 |
| accordance with section 5739.21 of the Revised Code during the | 82182 |
| next distribution required under that section; | 82183 |
| (3) Qualifying delinquent taxes levied under section | 82184 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code shall be | 82185 |
| distributed to the appropriate counties and transit authorities in | 82186 |
| accordance with section 5741.03 of the Revised Code during the | 82187 |
| next distribution required under that section; and | 82188 |
| (4) Qualifying delinquent taxes levied under Chapter 5748. of | 82189 |
| the Revised Code shall be credited to the school district income | 82190 |
| tax fund and then paid to the appropriate school district during | 82191 |
| the next payment required under division (D) of section 5747.03 of | 82192 |
| the Revised Code. | 82193 |
| Section 553.02. Section 553.01 of this act is hereby | 82194 |
| repealed, effective December 16, 2005. The repeal of Section | 82195 |
| 553.01 of this act does not affect, after the effective date of | 82196 |
| the repeal, the rights, remedies, or actions authorized under that | 82197 |
| section. | 82198 |
| Section 557.03. A credit is hereby allowed against the | 82199 |
| additional estate tax imposed by section 5731.18 of the Revised | 82200 |
| Code on the estate of a decedent who dies on or after January 1, | 82201 |
| 2002, but before the effective date of that section as amended by | 82202 |
| this act. The credit shall equal that portion of the additional | 82203 |
| estate tax imposed by section 5731.18 of the Revised Code that is | 82204 |
| over and above the additional estate tax that would have been | 82205 |
| imposed if the tax levied by division (A) of that section had been | 82206 |
| an amount equal to the maximum credit allowable by section 2011 of | 82207 |
| the Internal Revenue Code that was in effect and applicable on the | 82208 |
| date of such decedent's death for any taxes paid to any state. | 82209 |
| Section 557.06. (A) As used in this section, "net additional | 82210 |
| tax" means, in the case of a wholesale dealer, the net additional | 82211 |
| amount of tax resulting from the amendment by this act of section | 82212 |
| 5743.02 of the Revised Code, less the discount allowed under | 82213 |
| section 5743.05 of the Revised Code as a commission for affixing | 82214 |
| and canceling stamps or meter impressions, that is due on all | 82215 |
| packages of Ohio stamped cigarettes and on all unaffixed Ohio | 82216 |
| cigarette tax stamps that the wholesale dealer has on hand as of | 82217 |
| the beginning of business on July 1, 2005, and, in the case of a | 82218 |
| retail dealer, means the net additional amount of tax resulting | 82219 |
| from the amendment by this act of section 5743.02 of the Revised | 82220 |
| Code that is due on all packages of Ohio stamped cigarettes and on | 82221 |
| all unaffixed Ohio cigarette tax stamps that the retail dealer has | 82222 |
| on hand as of the beginning of business on July 1, 2005. | 82223 |
| (B) In addition to the return required under section 5743.03 | 82224 |
| of the Revised Code, each wholesale dealer and each retail dealer | 82225 |
| shall make and file a return on forms prescribed by the tax | 82226 |
| commissioner showing the net additional tax due and any other | 82227 |
| information that the commissioner considers necessary to apply | 82228 |
| sections 5743.01 to 5743.20 of the Revised Code in the | 82229 |
| administration of the net additional tax. On or before September | 82230 |
| 30, 2005, each wholesale dealer and each retail dealer shall | 82231 |
| deliver the return to the treasurer of state, together with | 82232 |
| remittance of the net additional tax shown on the return to be | 82233 |
| due. A wholesale dealer or retail dealer may claim a credit equal | 82234 |
| to five per cent of the net additional tax shown on the return to | 82235 |
| be due if the wholesale dealer or retail dealer delivers the | 82236 |
| return required under this section to the treasurer of state on or | 82237 |
| before August 15, 2005, together with remittance of the net | 82238 |
| additional tax due after allowing for the five per cent credit. | 82239 |
| The treasurer of state shall stamp or otherwise mark on the return | 82240 |
| the date on which the return and remittance were received by the | 82241 |
| treasurer of state and also shall show on the return by stamp or | 82242 |
| otherwise the amount of the tax payment remitted with the return. | 82243 |
| Upon receipt, the treasurer of state shall immediately transmit | 82244 |
| all returns filed under this section to the commissioner. | 82245 |
| (C) Any wholesale or retail dealer who fails to file a return | 82246 |
| or remit net additional tax as required under this section shall | 82247 |
| forfeit and pay into the state treasury a late charge equal to | 82248 |
| fifty dollars or ten per cent of the net additional tax due, | 82249 |
| whichever is greater. If the net additional tax, or any portion | 82250 |
| thereof, whether determined by the commissioner or the wholesale | 82251 |
| or retail dealer, is not paid on or before the date prescribed for | 82252 |
| payment under this section, interest shall accrue on the unpaid | 82253 |
| amount at the rate per annum required by section 5703.47 of the | 82254 |
| Revised Code from the date prescribed for payment of the net | 82255 |
| additional tax to the date of payment or to the date the | 82256 |
| commissioner issues an assessment under section 5743.081 or | 82257 |
| 5743.082 of the Revised Code, whichever occurs first. Interest | 82258 |
| shall be paid and collected in the same manner as the net | 82259 |
| additional tax. | 82260 |
| (D) Unpaid or unreported net additional taxes, late charges, | 82261 |
| and interest may be collected by assessment in the manner | 82262 |
| prescribed under sections 5743.081 and 5743.082 of the Revised | 82263 |
| Code. | 82264 |
| (E) All amounts collected under this section shall be | 82265 |
| considered revenue arising from the tax imposed by section 5743.02 | 82266 |
| of the Revised Code. | 82267 |
| Section 557.09. (A) The tax imposed under Chapter 5751. of | 82268 |
| the Revised Code, as enacted by this act, is an annual tax for the | 82269 |
| privilege of doing business in this state and is intended to | 82270 |
| replace the corporation franchise tax imposed under Chapter 5733. | 82271 |
| of the Revised Code for corporations other than corporations | 82272 |
| referred to in divisions (G)(1)(a) and (b) of section 5733.01 of | 82273 |
| the Revised Code. | 82274 |
| (B) The tax imposed under Chapter 5751. of the Revised Code, | 82275 |
| as enacted by this act, takes effect July 1, 2005. Notwithstanding | 82276 |
| division (L) of section 5751.01 and section 5751.02 of the Revised | 82277 |
| Code, the tax year in calendar year 2005 begins July 1, 2005, and | 82278 |
| ends December 31, 2005. The tax imposed under Chapter 5751. of the | 82279 |
| Revised Code for that tax year equals fifty dollars plus the | 82280 |
| product of six-tenths of one mill times taxable gross receipts in | 82281 |
| excess of five hundred thousand dollars. In lieu of quarterly tax | 82282 |
| reporting periods for that tax year, taxpayers shall report and | 82283 |
| pay the tax due for the tax year not later than February 15, 2006, | 82284 |
| and as otherwise required under Chapter 5751. of the Revised Code. | 82285 |
| (C) Only persons excluded pursuant to divisions (E)(2) to | 82286 |
| (11) of section 5751.01 of the Revised Code, as enacted by this | 82287 |
| act, and persons with less than forty thousand dollars in taxable | 82288 |
| gross receipts during calendar year 2005 are not subject to this | 82289 |
| section. | 82290 |
| (D) The tax commissioner shall take the necessary steps to | 82291 |
| implement this section and use money in the commercial tax | 82292 |
| administrative fund to promote awareness of the tax imposed under | 82293 |
| this section and under Chapter 5751. of the Revised Code as | 82294 |
| enacted by this act by means of advertising and other reasonable | 82295 |
| means. | 82296 |
| Section 557.10. In lieu of the certification and crediting of | 82297 |
| money to the Recycling and Litter Prevention Fund in fiscal year | 82298 |
| 2006 that would be required under section 5733.122 of the Revised | 82299 |
| Code if that section were not repealed by this act, the Director | 82300 |
| of Budget and Management, during fiscal year 2006, shall transfer | 82301 |
| $1,500,000 from the General Revenue Fund to the Recycling and | 82302 |
| Litter Prevention Fund according to a schedule to be determined by | 82303 |
| the Director. | 82304 |
| Section 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS | 82305 |
| (A) On or before the seventh day of each month of the period | 82306 |
| July 2005 through June 2007, the Tax Commissioner shall determine | 82307 |
| and certify to the Director of Budget and Management the amount to | 82308 |
| be credited, by tax, during that month to the Local Government | 82309 |
| Fund, to the Library and Local Government Support Fund, and to the | 82310 |
| Local Government Revenue Assistance Fund, respectively, under | 82311 |
| divisions (B) to (G) of this section. | 82312 |
| (B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 82313 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, | 82314 |
| for each month in the period July 1, 2005, through June 30, 2007, | 82315 |
| from the utility excise, kilowatt-hour, corporation franchise, | 82316 |
| sales and use, and personal income taxes collected: | 82317 |
| (1) An amount shall first be credited to the Local Government | 82318 |
| Fund equal to the amount credited to that fund from that tax | 82319 |
| according to the schedule in divisions (C), (D), (E), and (F) of | 82320 |
| this section; | 82321 |
| (2) An amount shall next be credited to the Local Government | 82322 |
| Revenue Assistance Fund equal to the amount credited to that fund | 82323 |
| from that tax according to the schedule in divisions (C), (D), | 82324 |
| (E), and (F) of this section; | 82325 |
| (3) An amount shall next be credited to the Library and Local | 82326 |
| Government Support Fund equal to the amount credited to that fund | 82327 |
| from that tax according to the schedule in division (G) of this | 82328 |
| section; | 82329 |
| (4) In December 2005, an amount totaling $5,000,000 shall be | 82330 |
| credited from the personal income tax to the Local Government | 82331 |
| Services Collaboration Grant Fund, established under section | 82332 |
| 209.78.06 of this act. | 82333 |
| (C) Pursuant to divisions (B)(1) and (2) of this section, the | 82334 |
| amounts shall be credited from the corporation franchise, sales | 82335 |
| and use, and personal income taxes to each respective fund as | 82336 |
| follows: | 82337 |
| (1) In July 2005, one hundred per cent of the amount credited | 82338 |
| in July 2004; in July 2006, eighty per cent of the amount credited | 82339 |
| in July 2005; | 82340 |
| (2) In August 2005, one hundred per cent of the amount | 82341 |
| credited in August 2004; in August 2006, eighty per cent of the | 82342 |
| amount credited in August 2005; | 82343 |
| (3) In September 2005, one hundred per cent of the amount | 82344 |
| credited in September 2004; in September 2006, eighty per cent of | 82345 |
| the amount credited in September 2005; | 82346 |
| (4) In October 2005, one hundred per cent of the amount | 82347 |
| credited in October 2004; in October 2006, eighty per cent of the | 82348 |
| amount credited in October 2005; | 82349 |
| (5) In November 2005, one hundred per cent of the amount | 82350 |
| credited in November 2004; in November 2006, eighty per cent of | 82351 |
| the amount credited in November 2005; | 82352 |
| (6) In December 2005, eighty per cent of the amount credited | 82353 |
| in December 2004, except that the amount credited to the Local | 82354 |
| Government Fund from the personal income tax shall be reduced by | 82355 |
| an additional $5,000,000 and this reduction shall be borne | 82356 |
| entirely by the countywide non-township and non-village | 82357 |
| distribution in January 2006; in December 2006, one hundred per | 82358 |
| cent of the amount credited in December 2005, before the | 82359 |
| $5,000,000 reduction described in division (C)(6) of this section; | 82360 |
| (7) In January 2006, eighty per cent of the amount credited | 82361 |
| in January 2005; in January 2007, one hundred per cent of the | 82362 |
| amount credited in January 2006; | 82363 |
| (8) In February 2006, eighty per cent of the amount credited | 82364 |
| in February 2005; in February 2007, one hundred per cent of the | 82365 |
| amount credited in February 2006; | 82366 |
| (9) In March 2006, eighty per cent of the amount credited in | 82367 |
| March 2005; in March 2007, one hundred per cent of the amount | 82368 |
| credited in March 2006; | 82369 |
| (10) In April 2006, eighty per cent of the amount credited in | 82370 |
| April 2005; in April 2007, one hundred per cent of the amount | 82371 |
| credited in April 2006; | 82372 |
| (11) In May 2006, eighty per cent of the amount credited in | 82373 |
| May 2005; in May 2007, one hundred per cent of the amount credited | 82374 |
| in May 2006; | 82375 |
| (12) In June 2006, eighty per cent of the amount credited in | 82376 |
| June 2005; in June 2007, one hundred per cent of the amount | 82377 |
| credited in June 2006. | 82378 |
| (D) Pursuant to divisions (B)(1) and (2) of this section, | 82379 |
| from the public utility excise tax, amounts shall be credited to | 82380 |
| the Local Government Fund and the Local Government Revenue | 82381 |
| Assistance Fund as follows: | 82382 |
| (1) In July 2005 and July 2006, no amount shall be credited | 82383 |
| to the Local Government Fund and no amount shall be credited to | 82384 |
| the Local Government Revenue Assistance Fund; | 82385 |
| (2) In August 2005 and August 2006, no amount shall be | 82386 |
| credited to the Local Government Fund or to the Local Government | 82387 |
| Revenue Assistance Fund; | 82388 |
| (3) In September 2005 and September 2006, no amount shall be | 82389 |
| credited to the Local Government Fund or to the Local Government | 82390 |
| Revenue Assistance Fund; | 82391 |
| (4) In October 2005, $3,423,635.38 shall be credited to the | 82392 |
| Local Government Fund and $489,090.77 shall be credited to the | 82393 |
| Local Government Revenue Assistance Fund; in October 2006, | 82394 |
| $2,738,908.31 shall be credited to the Local Government Fund and | 82395 |
| $391,272.61 shall be credited to the Local Government Revenue | 82396 |
| Assistance Fund; | 82397 |
| (5) In November 2005, $454,893.03 shall be credited to the | 82398 |
| Local Government Fund and $64,984.72 shall be credited to the | 82399 |
| Local Government Revenue Assistance Fund; in November 2006, | 82400 |
| $363,914.43 shall be credited to the Local Government Fund and | 82401 |
| $51,987.77 shall be credited to the Local Government Revenue | 82402 |
| Assistance Fund; | 82403 |
| (6) In December 2005 and December 2006, $421,094.51 shall be | 82404 |
| credited to the Local Government Fund and $60,156.37 shall be | 82405 |
| credited to the Local Government Revenue Assistance Fund; | 82406 |
| (7) In January 2006 and January 2007, no amount shall be | 82407 |
| credited to the Local Government Fund or to the Local Government | 82408 |
| Revenue Assistance Fund; | 82409 |
| (8) In February 2006 and February 2007, $527,244.09 shall be | 82410 |
| credited to the Local Government Fund and $75,320.57 shall be | 82411 |
| credited to the Local Government Revenue Assistance Fund; | 82412 |
| (9) In March 2006 and March 2007, $2,735,265.59 shall be | 82413 |
| credited to the Local Government Fund and $390,752.23 shall be | 82414 |
| credited to the Local Government Revenue Assistance Fund; | 82415 |
| (10) In April 2006 and April 2007, no amount shall be | 82416 |
| credited to the Local Government Fund or to the Local Government | 82417 |
| Revenue Assistance Fund; | 82418 |
| (11) In May 2006 and May 2007, $1,148,649.94 shall be | 82419 |
| credited to the Local Government Fund and $164,092.85 shall be | 82420 |
| credited to the Local Government Revenue Assistance Fund; | 82421 |
| (12) In June 2006 and June 2007, $3,251,886.31 shall be | 82422 |
| credited to the Local Government Fund and $464,555.19 shall be | 82423 |
| credited to the Local Government Revenue Assistance Fund. | 82424 |
| (E) Pursuant to divisions (B)(1) and (2) of this section, | 82425 |
| from the kilowatt-hour tax, amounts shall be credited to the Local | 82426 |
| Government Fund and the Local Government Revenue Assistance Fund | 82427 |
| as follows: | 82428 |
| (1) In July 2005 and July 2006, no amount shall be credited | 82429 |
| to the Local Government Fund and no amount shall be credited to | 82430 |
| the Local Government Revenue Assistance Fund; | 82431 |
| (2) In August 2005 and August 2006, no amount shall be | 82432 |
| credited to the Local Government Fund or to the Local Government | 82433 |
| Revenue Assistance Fund; | 82434 |
| (3) In September 2005, and September 2006, no amount shall be | 82435 |
| credited to the Local Government Fund or to the Local Government | 82436 |
| Revenue Assistance Fund; | 82437 |
| (4) In October 2005, $4,446,790.78 shall be credited to the | 82438 |
| Local Government Fund and $635,255.82 shall be credited to the | 82439 |
| Local Government Revenue Assistance Fund; in October 2006, | 82440 |
| $3,557,432.62 shall be credited to the Local Government Fund and | 82441 |
| $508,204.66 shall be credited to the Local Government Revenue | 82442 |
| Assistance Fund; | 82443 |
| (5) In November 2005, $590,838.08 shall be credited to the | 82444 |
| Local Government Fund and $84,405.43 shall be credited to the | 82445 |
| Local Government Revenue Assistance Fund; in November 2006, | 82446 |
| $472,670.46 shall be credited to the Local Government Fund and | 82447 |
| $67,524.35 shall be credited to the Local Government Revenue | 82448 |
| Assistance Fund; | 82449 |
| (6) In December 2005 and December 2006, $546,938.83 shall be | 82450 |
| credited to the Local Government Fund and $78,134.13 shall be | 82451 |
| credited to the Local Government Revenue Assistance Fund; | 82452 |
| (7) In January 2006 and January 2007, no amount shall be | 82453 |
| credited to the Local Government Fund or to the Local Government | 82454 |
| Revenue Assistance Fund; | 82455 |
| (8) In February 2006 and February 2007, $684,811.29 shall be | 82456 |
| credited to the Local Government Fund and $97,830.17 shall be | 82457 |
| credited to the Local Government Revenue Assistance Fund; | 82458 |
| (9) In March 2006 and March 2007, $3,552,701.27 shall be | 82459 |
| credited to the Local Government Fund and $507,528.76 shall be | 82460 |
| credited to the Local Government Revenue Assistance Fund; | 82461 |
| (10) In April 2006 and April 2007, no amount shall be | 82462 |
| credited to the Local Government Fund or to the Local Government | 82463 |
| Revenue Assistance Fund; | 82464 |
| (11) In May 2006 and May 2007, $1,491,924.64 shall be | 82465 |
| credited to the Local Government Fund and $213,132.09 shall be | 82466 |
| credited to the Local Government Revenue Assistance Fund; | 82467 |
| (12) In June 2006 and June 2007, $4,223,714.40 shall be | 82468 |
| credited to the Local Government Fund and $603,387.77 shall be | 82469 |
| credited to the Local Government Revenue Assistance Fund. | 82470 |
| (F) In addition to the amounts credited pursuant to divisions | 82471 |
| (C), (D), and (E) of this section, a supplemental amount shall be | 82472 |
| credited each month to the Local Government Fund and the Local | 82473 |
| Government Revenue Assistance Fund from the personal income tax. | 82474 |
| The supplemental amount shall equal any additional amount | 82475 |
| necessary to make the monthly distributions required by division | 82476 |
| (I) of this section to the extent such distributions exceed the | 82477 |
| amounts already credited pursuant to divisions (C), (D), and (E) | 82478 |
| of this section. | 82479 |
| (G) Pursuant to division (B)(3) of this section, amounts | 82480 |
| shall be credited from the personal income tax to the Library and | 82481 |
| Local Government Support Fund as follows: | 82482 |
| (1) In July 2005, one hundred per cent of the amount credited | 82483 |
| in July 2004; in July 2006, ninety-five per cent of the amount | 82484 |
| credited in July 2005; | 82485 |
| (2) In August 2005, one hundred per cent of the amount | 82486 |
| credited in August 2004; in August 2006, ninety-five per cent of | 82487 |
| the amount credited in August 2005; | 82488 |
| (3) In September 2005, one hundred per cent of the amount | 82489 |
| credited in September 2004; in September 2006, ninety-five per | 82490 |
| cent of the amount credited in September 2005; | 82491 |
| (4) In October 2005, one hundred per cent of the amount | 82492 |
| credited in October 2004; in October 2006, ninety-five per cent of | 82493 |
| the amount credited in October 2005; | 82494 |
| (5) In November 2005, one hundred per cent of the amount | 82495 |
| credited in November 2004; in November 2006, ninety-five per cent | 82496 |
| of the amount credited in November 2005; | 82497 |
| (6) In December 2005, ninety-five per cent of the amount | 82498 |
| credited in December 2004; in December 2006, one hundred per cent | 82499 |
| of the amount credited in December 2005; | 82500 |
| (7) In January 2006, ninety-five per cent of the amount | 82501 |
| credited in January 2005; in January 2007, one hundred per cent of | 82502 |
| the amount credited in January 2006; | 82503 |
| (8) In February 2006, ninety-five per cent of the amount | 82504 |
| credited in February 2005; in February 2007, one hundred per cent | 82505 |
| of the amount credited in February 2006; | 82506 |
| (9) In March 2006, ninety-five per cent of the amount | 82507 |
| credited in March 2005; in March 2007, one hundred per cent of the | 82508 |
| amount credited in March 2006; | 82509 |
| (10) In April 2006, ninety-five per cent of the amount | 82510 |
| credited in April 2005; in April 2007, one hundred per cent of the | 82511 |
| amount credited in April 2006; | 82512 |
| (11) In May 2006, ninety-five per cent of the amount credited | 82513 |
| in May 2005; in May 2007, one hundred per cent of the amount | 82514 |
| credited in May 2006; | 82515 |
| (12) In June 2006, ninety-five per cent of the amount | 82516 |
| credited in June 2005; in June 2007, one hundred per cent of the | 82517 |
| amount credited in June 2006. | 82518 |
| (H) The total amount credited to the Local Government Fund | 82519 |
| and the Local Government Revenue Assistance Fund in each month | 82520 |
| during the period July 2005 through November 2005 shall be | 82521 |
| distributed by the tenth day of the immediately succeeding month | 82522 |
| in the following manner, and the total amount credited to the | 82523 |
| Library and Local Government Support Fund in each month during the | 82524 |
| period July 2005 through June 2007 shall be distributed by the | 82525 |
| tenth day of the immediately succeeding month in the following | 82526 |
| manner: | 82527 |
| (1) Each county undivided local government fund shall receive | 82528 |
| a distribution from the Local Government Fund based on its | 82529 |
| proportionate share of the total amount received from the fund in | 82530 |
| such respective month for the period August 1, 2004, through | 82531 |
| December 31, 2004. | 82532 |
| (2) Each municipal corporation receiving a direct | 82533 |
| distribution from the Local Government Fund shall receive a | 82534 |
| distribution based on its proportionate share of the total amount | 82535 |
| received from the fund in such respective month for the period | 82536 |
| August 1, 2004, through December 31, 2004. | 82537 |
| (3) Each county undivided local government revenue assistance | 82538 |
| fund shall receive a distribution from the Local Government | 82539 |
| Revenue Assistance Fund based on its proportionate share of the | 82540 |
| total amount received from the fund in such respective month for | 82541 |
| the period August 1, 2004, through December 31, 2004. | 82542 |
| (4) Each county undivided library and local government | 82543 |
| support fund shall receive a distribution from the Library and | 82544 |
| Local Government Support Fund based on its proportionate share of | 82545 |
| the total amount received from the fund in such respective month | 82546 |
| for the period August 1, 2004, through July 31, 2005. | 82547 |
| (I) The total amount credited to the Local Government Fund | 82548 |
| and the Local Government Revenue Assistance Fund in each month | 82549 |
| during the period December 2005 through June 2007 shall be | 82550 |
| distributed by the tenth day of the immediately succeeding month | 82551 |
| in the following manner: | 82552 |
| (1) Each county undivided local government fund and each | 82553 |
| county undivided local government revenue assistance fund shall | 82554 |
| receive the "countywide township and village distribution" for | 82555 |
| each respective fund, as determined under divisions (I)(1)(a) and | 82556 |
| (b) of this section. | 82557 |
| (a) The countywide township and village distribution is | 82558 |
| determined as follows: For each county undivided local government | 82559 |
| fund and each county undivided local government revenue assistance | 82560 |
| fund, the Tax Commissioner shall identify the proportionate shares | 82561 |
| of the distributions made from each fund to townships and villages | 82562 |
| located partially or entirely in that county, as reported by the | 82563 |
| county auditor for calendar year 2005 under division (J) of | 82564 |
| section 5747.51 and division (I) of section 5747.62 of the Revised | 82565 |
| Code, respectively. For each county and each fund, the Tax | 82566 |
| Commissioner shall compute the sum of the proportionate shares of | 82567 |
| distributions to townships and villages, and shall next multiply | 82568 |
| the sum for each fund by the amount distributed each month to the | 82569 |
| county undivided local government fund from the local government | 82570 |
| fund and by the amount distributed each month to the county | 82571 |
| undivided local government revenue assistance fund from the local | 82572 |
| government revenue assistance fund, respectively, during the | 82573 |
| period January 2005 through December 2005. | 82574 |
| (b) The Tax Commissioner shall multiply each product derived | 82575 |
| in division (I)(1)(a) of this section by ninety per cent to yield | 82576 |
| that month's countywide township and village distribution for each | 82577 |
| fund and each county. | 82578 |
| (c) Only those subdivisions reported as townships and those | 82579 |
| municipal corporations reported as villages in the most recent | 82580 |
| edition of the Secretary of State's "Ohio Municipal, Township and | 82581 |
| School Board Roster," available as of November 1, 2005, shall be | 82582 |
| considered to be townships or villages, respectively, for purposes | 82583 |
| of this section. Townships and villages that are dissolved or that | 82584 |
| merge with another subdivision on or after August 1, 2005, may be | 82585 |
| excluded from the calculation of the countywide township and | 82586 |
| village distribution. | 82587 |
| (2) In addition to the distributions provided in divisions | 82588 |
| (I)(1) and (I)(5) of this section, each county undivided local | 82589 |
| government fund and each county undivided local government revenue | 82590 |
| assistance fund shall receive the "other taxing unit distribution" | 82591 |
| computed for each fund under divisions (I)(2)(a) and (b) of this | 82592 |
| section. | 82593 |
| (a) The monthly product calculated pursuant to division | 82594 |
| (I)(1)(a) of this section and the monthly distribution to a county | 82595 |
| determined under division (I)(5)(a) of this section for each | 82596 |
| county undivided local government fund shall be subtracted from | 82597 |
| the county undivided local government fund distribution made from | 82598 |
| the local government fund in such respective month during the | 82599 |
| period January 2005 through December 2005. The difference shall be | 82600 |
| multiplied by eighty per cent. | 82601 |
| (b) The monthly product calculated pursuant to division | 82602 |
| (I)(1)(a) of this section and the monthly distribution to a county | 82603 |
| determined under division (I)(5)(a) of this section for each | 82604 |
| county undivided local government revenue assistance fund shall be | 82605 |
| subtracted from the county undivided local government revenue | 82606 |
| assistance fund distribution made from the local government | 82607 |
| revenue assistance fund in such respective month during the period | 82608 |
| January 2005 through December 2005. The difference shall be | 82609 |
| multiplied by eighty per cent. | 82610 |
| (3) Each municipal corporation identified by the Tax | 82611 |
| Commissioner as a village under division (I)(1)(c) of this section | 82612 |
| shall receive in each month an amount directly from the Local | 82613 |
| Government Fund equal to ninety per cent of the amount the | 82614 |
| municipal corporation received directly from that fund in such | 82615 |
| respective month during the period January 1, 2005, through | 82616 |
| December 31, 2005. | 82617 |
| (4) Except for villages receiving amounts pursuant to | 82618 |
| division (I)(3) of this section, each municipal corporation shall | 82619 |
| receive in each month an amount directly from the Local Government | 82620 |
| Fund that is equal to eighty per cent of the amount the municipal | 82621 |
| corporation received directly from that fund in such respective | 82622 |
| month during the period January 1, 2005, through December 31, | 82623 |
| 2005. | 82624 |
| (5) Each county undivided local government fund and each | 82625 |
| county undivided local government revenue assistance fund shall | 82626 |
| receive the "county distribution" for each respective fund, as | 82627 |
| determined under divisions (I)(5)(a) and (b) of this section. | 82628 |
| (a) The county distribution is determined as follows: For | 82629 |
| each county undivided local government fund and each county | 82630 |
| undivided local government revenue assistance fund, the Tax | 82631 |
| Commissioner shall identify the distribution made from each fund | 82632 |
| to the county as a subdivision, as reported by the county auditor | 82633 |
| for calendar year 2005 under division (J) of section 5747.51 and | 82634 |
| division (I) of section 5747.62 of the Revised Code, respectively. | 82635 |
| For each county and each fund, the Tax Commissioner shall | 82636 |
| determine the amount distributed each month to the county as a | 82637 |
| subdivision during the period January 2005 through December 2005. | 82638 |
| (b) Except as provided in division (I)(5)(c) of this section, | 82639 |
| the Tax Commissioner shall multiply the amount derived in division | 82640 |
| (I)(5)(a) of this section by eighty per cent to yield that month's | 82641 |
| county distribution for each fund and each county. | 82642 |
| (c) If a county auditor submits to the Auditor of State a | 82643 |
| report on or before October 1, 2005, that describes efforts on the | 82644 |
| part of the county to reduce costs by consolidating services and | 82645 |
| engaging in regional cooperation, specifies costs savings | 82646 |
| resulting from consolidation of services and regional cooperation, | 82647 |
| and describes the county's future plans with respect to | 82648 |
| consolidating services and engaging in regional cooperation as | 82649 |
| described in division (I)(5)(d) of this section, then for each | 82650 |
| month following the month in which such report is filed, the Tax | 82651 |
| Commissioner shall multiply the amount derived in division | 82652 |
| (I)(5)(a) of this section by ninety per cent to yield that month's | 82653 |
| county distribution for the county's funds. By October 15, 2005, | 82654 |
| the Auditor of State shall notify the Tax Commissioner of which | 82655 |
| counties have filed the report described in this division on or | 82656 |
| before October 1, 2005. | 82657 |
| (d) The report described in division (I)(5)(c) of this | 82658 |
| section shall describe a county's future plans with respect to | 82659 |
| consolidating services, including, but not limited to, | 82660 |
| consolidating fire, police, water, sewer, and solid waste services | 82661 |
| provided by the county. The report shall describe any efforts | 82662 |
| already undertaken by the county to analyze how these future | 82663 |
| consolidation efforts would impact costs and affect existing | 82664 |
| collective bargaining agreements. If no such analyses have been | 82665 |
| undertaken by the county at the time the report is filed, the | 82666 |
| report shall set forth a timeline for completing the analyses. | 82667 |
| The report also shall describe a county's future plans with | 82668 |
| respect to cooperating with one or more neighboring political | 82669 |
| subdivisions in the financing of operations that serve all of the | 82670 |
| subdivisions. The report shall describe a county's future plans, | 82671 |
| if any, to cooperate with other political subdivisions in the | 82672 |
| consolidation of purchasing or construction functions. | 82673 |
| (e) The report described in division (I)(5)(c) of this | 82674 |
| section shall be used by the Auditor of State for informational | 82675 |
| purposes only. The Auditor of State shall have no authority to | 82676 |
| approve or disapprove any plan described by a county in its | 82677 |
| report. | 82678 |
| (J) Notwithstanding the distribution method prescribed by | 82679 |
| divisions (C) to (I) of section 5747.51 or by section 5747.53 of | 82680 |
| the Revised Code, during the period January 1, 2006, through July | 82681 |
| 31, 2007, the amounts allocated monthly to each county undivided | 82682 |
| local government fund from the local government fund shall be | 82683 |
| distributed among all subdivisions located wholly or partially in | 82684 |
| the county in the manner prescribed by division (J) of this | 82685 |
| section. | 82686 |
| (1) The countywide township and village distribution shall be | 82687 |
| distributed among townships and villages based on their relative | 82688 |
| proportionate shares of the sum of the township and village | 82689 |
| proportionate shares described in division (I)(1)(a) of this | 82690 |
| section. | 82691 |
| (2) The countywide non-township and non-village distribution | 82692 |
| shall be distributed to subdivisions not otherwise included in | 82693 |
| division (J)(1) of this section based on their relative | 82694 |
| proportionate shares of the sum of proportionate shares for such | 82695 |
| subdivisions based on the calendar year 2005 report submitted by | 82696 |
| the county auditor to the Tax Commissioner pursuant to division | 82697 |
| (J) of section 5747.51 of the Revised Code. | 82698 |
| (3) By December 20, 2005, the Tax Commissioner shall make the | 82699 |
| following county undivided local government fund information | 82700 |
| available to each county auditor: the countywide township and | 82701 |
| village distribution for the county for each month during the | 82702 |
| January 2006 through July 2007 period; a list of the county's | 82703 |
| subdivisions that are considered to be villages and townships | 82704 |
| under this section and their associated relative shares pursuant | 82705 |
| to division (J)(1) of this section; the countywide non-township | 82706 |
| and non-village distribution for the county for each month during | 82707 |
| the January 2006 through July 2007 period; a list of the county's | 82708 |
| subdivisions that are not considered to be villages or townships | 82709 |
| under this section and their associated relative shares pursuant | 82710 |
| to division (J)(2) of this section; and any other information | 82711 |
| deemed reasonable and appropriate for the purposes of making the | 82712 |
| distributions required by this section. | 82713 |
| (4) Until the county auditor provides the Tax Commissioner | 82714 |
| the report required by division (J) of section 5747.51 for | 82715 |
| calendar year 2005, the amounts distributed to the county | 82716 |
| undivided local government fund that are subsequently apportioned | 82717 |
| to subdivisions under this section shall be based on the most | 82718 |
| recent year for which a report has been submitted. If a county | 82719 |
| auditor report for a calendar year preceding calendar year 2005 is | 82720 |
| used to make the distributions under this section and the county | 82721 |
| auditor report for calendar year 2005 report is subsequently | 82722 |
| submitted to the Tax Commissioner, there shall be no adjustment | 82723 |
| for any month when such pre-calendar year 2005 report information | 82724 |
| was used. | 82725 |
| (5) Dealer in intangibles tax distributions are not affected | 82726 |
| by this section. | 82727 |
| (K) Notwithstanding the distribution method prescribed by | 82728 |
| divisions (C) to (H) of section 5747.62 or by section 5747.63 of | 82729 |
| the Revised Code, during the period January 1, 2006, through July | 82730 |
| 31, 2007, the amounts allocated monthly to each county undivided | 82731 |
| local government revenue assistance fund from the local government | 82732 |
| revenue assistance fund shall be distributed among all | 82733 |
| subdivisions located wholly or partially in the county in the | 82734 |
| manner prescribed by division (K) of this section. | 82735 |
| (1) The countywide township and village distribution shall be | 82736 |
| distributed among townships and villages based on their relative | 82737 |
| proportionate shares of the sum of the township and village | 82738 |
| proportionate shares described in division (I)(1)(a) of this | 82739 |
| section. | 82740 |
| (2) The countywide non-township and non-village distribution | 82741 |
| shall be distributed to subdivisions not otherwise included in | 82742 |
| division (K)(1) of this section based on their relative | 82743 |
| proportionate shares of the sum of proportionate shares for such | 82744 |
| subdivisions based on the calendar year 2005 report submitted by | 82745 |
| the county auditor to the Tax Commissioner pursuant to division | 82746 |
| (I) of section 5747.62 of the Revised Code. | 82747 |
| (3) By December 20, 2005, the Tax Commissioner shall make the | 82748 |
| following county undivided local government revenue assistance | 82749 |
| fund information available to each county auditor: the countywide | 82750 |
| township and village distribution for the county for each month | 82751 |
| during the January 2006 through July 2007 period; a list of the | 82752 |
| county's subdivisions that are considered to be villages and | 82753 |
| townships under this section and their associated relative shares | 82754 |
| pursuant to division (K)(1) of this section; the other taxing unit | 82755 |
| distribution for the county for each month during the January 2006 | 82756 |
| through July 2007 period; the county distribution for such county | 82757 |
| for each month and each fund during the January 2006 through July | 82758 |
| 2007 period; a list of such county's subdivisions that are not | 82759 |
| considered to be villages and townships under this section and | 82760 |
| their associated relative shares pursuant to division (K)(2) of | 82761 |
| this section; and any other information deemed reasonable and | 82762 |
| appropriate for the purposes of making the distributions required | 82763 |
| by this section. | 82764 |
| (4) Until the county auditor provides the Tax Commissioner | 82765 |
| the report required by division (I) of section 5747.62 for | 82766 |
| calendar year 2005, the amounts distributed to the county | 82767 |
| undivided local government revenue assistance fund that are | 82768 |
| subsequently apportioned to subdivisions under this section shall | 82769 |
| be based on the most recent year for which a report has been | 82770 |
| submitted. If a county auditor report for a calendar year | 82771 |
| preceding calendar year 2005 is used to make the distributions | 82772 |
| under this section and the county auditor report for calendar year | 82773 |
| 2005 report is subsequently submitted to the Tax Commissioner, | 82774 |
| there shall be no adjustment for any month when such pre-calendar | 82775 |
| year 2005 report information was used. | 82776 |
| (L) For the 2005, 2006, and 2007 distribution years, the Tax | 82777 |
| Commissioner is not required to issue the certifications otherwise | 82778 |
| required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of | 82779 |
| the Revised Code, but shall provide to each county auditor by the | 82780 |
| twentieth day of July 2005, July 2006, and July 2007 an estimate | 82781 |
| of the amounts to be received by the county in the ensuing year | 82782 |
| from the Local Government Fund, Local Government Revenue | 82783 |
| Assistance Fund, and Library and Local Government Support Fund | 82784 |
| pursuant to this section and any pertinent section of the Revised | 82785 |
| Code. For the 2006 distribution year, the Tax Commissioner shall | 82786 |
| provide by December 20, 2005, a revised estimate of the amounts to | 82787 |
| be received by the county in the ensuing year from the Local | 82788 |
| Government Fund, Local Government Revenue Assistance Fund, and | 82789 |
| Library and Local Government Support Fund pursuant to this section | 82790 |
| and any pertinent section of the Revised Code. At the discretion | 82791 |
| of the Tax Commissioner, the Tax Commissioner may report to each | 82792 |
| county auditor additional revised estimates of the 2005, 2006, or | 82793 |
| 2007 distributions at any time during the period July 1, 2005, | 82794 |
| through July 31, 2007. | 82795 |
| (M) During the period July 1, 2005, through July 31, 2007, | 82796 |
| the Director of Budget and Management shall issue such directives | 82797 |
| to state agencies that are necessary to ensure that the | 82798 |
| appropriate amounts are distributed to the Local Government Fund, | 82799 |
| to the Local Government Revenue Assistance Fund, and to the | 82800 |
| Library and Local Government Support Fund. | 82801 |
| Section 557.13. (A) It is the intent of the General Assembly | 82802 |
| that section 5751.02 of the Revised Code, as enacted by this act, | 82803 |
| be applied in a manner that is consistent with and identical to | 82804 |
| the situsing provisions that apply to the corporation franchise | 82805 |
| tax. | 82806 |
| (B) Section 5751.02 of the Revised Code, as enacted by this | 82807 |
| act and relating to the situsing of gross receipts, shall be | 82808 |
| interpreted and applied by the Tax Commissioner in a manner that | 82809 |
| is consistent with the body of case law addressing the situsing of | 82810 |
| sales for purposes of the sales factor as determined under Chapter | 82811 |
| 5733. of the Revised Code, and in a manner that is consistent with | 82812 |
| the Tax Commissioner's prior treatment of the corporation | 82813 |
| franchise tax sales factor situsing law for taxpayers under that | 82814 |
| chapter. | 82815 |
| (C) For purposes of section 5751.02 of the Revised Code, as | 82816 |
| enacted by this act, tangible personal property that is delivered | 82817 |
| into a foreign trade zone located in Ohio to a person within such | 82818 |
| foreign trade zone, solely for purposes of further delivery out of | 82819 |
| this state and without regard to the passage of title and to | 82820 |
| repackaging for further shipping purposes, shall be sitused to the | 82821 |
| location at which the person or person's affiliated customer | 82822 |
| completes the delivery of the property to locations outside of | 82823 |
| Ohio. For purpose of this section, "person's affiliated customer" | 82824 |
| means any person that is a member of the consolidated elected | 82825 |
| taxpayer of which the person that initially received such property | 82826 |
| in the foreign trade zone is also a member. | 82827 |
| Section 557.14. (A) The amendment by this act to section | 82828 |
| 5709.07 of the Revised Code is intended to clarify the exemption | 82829 |
| in division (A)(4) of that section, and applies to all | 82830 |
| applications pending, as of July 1, 2005, for exemption under that | 82831 |
| division, and to all future applications for exemption under that | 82832 |
| division filed on or after that date. | 82833 |
| (B) Notwithstanding the possibility that buildings and lands | 82834 |
| may qualify for a real property tax exemption under another | 82835 |
| section of the Revised Code specifically applicable to such | 82836 |
| buildings and lands, buildings and lands that are described in | 82837 |
| divisions (A)(4)(a) to (c) of section 5709.07 of the Revised Code, | 82838 |
| as amended by this act, are nonetheless entitled to the exemption | 82839 |
| under division (A)(4) of that section, as amended by this act. | 82840 |
| Section 557.15. The amendment by this act of sections 319.302 | 82841 |
| and 323.152 of the Revised Code first applies in tax year 2005. | 82842 |
| Section 557.18. Section 319.54 of the Revised Code, as | 82843 |
| amended by this act, applies to any conveyance of real property | 82844 |
| presented to the county auditor on or after July 1, 2005, | 82845 |
| regardless of its time of execution or delivery. | 82846 |
| Section 557.21. The amendment by this act of section 5727.81 | 82847 |
| of the Revised Code first applies to the measurement period that | 82848 |
| includes July 1, 2005. | 82849 |
| Section 557.24. The amendment by this act of sections | 82850 |
| 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, and 5731.181 of the | 82851 |
| Revised Code, and the repeal by this act of section 5731.20 of the | 82852 |
| Revised Code, applies to estates of decedents dying on or after | 82853 |
| the effective date of those sections as amended by this act. | 82854 |
| Section 557.27. The amendment by this act of section 5733.40 | 82855 |
| of the Revised Code applies to taxable years ending on or after | 82856 |
| the effective date of this act. | 82857 |
| Section 557.30. Except as otherwise provided in division | 82858 |
| (A)(18) of section 5747.01 and division (A) of section 5747.02 of | 82859 |
| the Revised Code, the amendment by this act of sections 5747.01 | 82860 |
| and 5747.02 of the Revised Code applies to taxable years ending on | 82861 |
| or after the effective date of this section. | 82862 |
| Section 557.33. The amendment by this act of section 5747.05 | 82863 |
| of the Revised Code applies to taxable years ending on or after | 82864 |
| the effective date of this section. | 82865 |
| Section 560.03. There is hereby created the Ohio Military | 82866 |
| Reserve Homeland Security Study Commission to evaluate the role | 82867 |
| and effectiveness of the Ohio Military Reserve. The Commission | 82868 |
| shall consist of seven members: the Chairperson of the House | 82869 |
| Commerce and Labor Committee, who shall serve as chairperson of | 82870 |
| the Commission, two members of the House of Representatives whom | 82871 |
| the Speaker of the House of Representatives shall appoint, two | 82872 |
| members of the Senate whom the President of the Senate shall | 82873 |
| appoint, the Adjutant General or a representative the Adjutant | 82874 |
| General designates, and the Director of Public Safety or a | 82875 |
| representative the Director designates. The chairperson shall call | 82876 |
| the meetings of the Commission. The Commission shall report its | 82877 |
| findings to the General Assembly before January 1, 2006. | 82878 |
| Section 563.03. It is the intention of the General Assembly | 82879 |
| that the amendments made by this act to sections 3319.081 and | 82880 |
| 3319.17 of the Revised Code, and the enactment by this act of | 82881 |
| section 3319.172 of the Revised Code, shall apply to existing | 82882 |
| collective bargaining agreements between public employers and | 82883 |
| public employees notwithstanding any other provision of law, such | 82884 |
| amendments and enactment being essential and necessary for the | 82885 |
| public welfare by enabling sound fiscal management practices in | 82886 |
| the operation of the public schools and public school programs. | 82887 |
| Section 566.03. As used in this section, "municipal public | 82888 |
| safety director" has the same meaning as in section 145.01 of the | 82889 |
| Revised Code, as amended by this act. | 82890 |
| Not later than ninety days after the effective date of this | 82891 |
| section, each municipal public safety director who is a member of | 82892 |
| the Public Employees Retirement System shall indicate to the | 82893 |
| retirement system, on a form supplied by the retirement system, a | 82894 |
| choice of whether to receive benefits under division (A) of | 82895 |
| section 145.33 of the Revised Code or under division (B) of that | 82896 |
| section. | 82897 |
| Section 606.03. If any item of law that constitutes the whole | 82898 |
| or part of a codified or uncodified section of law contained in | 82899 |
| this act, or if any application of any item of law that | 82900 |
| constitutes the whole or part of a codified or uncodified section | 82901 |
| of law contained in this act, is held invalid, the invalidity does | 82902 |
| not affect other items of law or applications of items of law that | 82903 |
| can be given effect without the invalid item of law or | 82904 |
| application. To this end, the items of law of which the codified | 82905 |
| and uncodified sections contained in this act are composed, and | 82906 |
| their applications, are independent and severable. | 82907 |
| Section 609.03. An item of law, other than an amending, | 82908 |
| enacting, or repealing clause, that composes the whole or part of | 82909 |
| an uncodified section contained in this act has no effect after | 82910 |
| June 30, 2007, unless its context clearly indicates otherwise. | 82911 |
| Section 612.03. Except as otherwise specifically provided in | 82912 |
| this act, the codified sections of law amended or enacted in this | 82913 |
| act, and the items of law of which the codified sections of law | 82914 |
| amended or enacted in this act are composed, are subject to the | 82915 |
| referendum. Therefore, under Ohio Constitution, Article II, | 82916 |
| Section 1c and section 1.471 of the Revised Code, the codified | 82917 |
| sections of law amended or enacted by this act, and the items of | 82918 |
| law of which the codified sections of law as amended or enacted by | 82919 |
| this act are composed, take effect on the ninety-first day after | 82920 |
| this act is filed with the Secretary of State. If, however, a | 82921 |
| referendum petition is filed against any such codified section of | 82922 |
| law as amended or enacted by this act, or against any item of law | 82923 |
| of which any such codified section of law as amended or enacted by | 82924 |
| this act is composed, the codified section of law as amended or | 82925 |
| enacted, or item of law, unless rejected at the referendum, takes | 82926 |
| effect at the earliest time permitted by law. | 82927 |
| Section 612.06. Except as otherwise specifically provided in | 82928 |
| this act, the repeal by this act of a codified section of law is | 82929 |
| subject to the referendum. Therefore, under Ohio Constitution, | 82930 |
| Article II, Section 1c and section 1.471 of the Revised Code, the | 82931 |
| repeal by this act of a codified section of law takes effect on | 82932 |
| the ninety-first day after this act is filed with the Secretary of | 82933 |
| State. If, however, a referendum petition is filed against any | 82934 |
| such repeal, the repeal, unless rejected at the referendum, takes | 82935 |
| effect at the earliest time permitted by law. | 82936 |
| Section 612.09. The sections of law amended, enacted, or | 82937 |
| repealed by this act that are listed in this section are subject | 82938 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 82939 |
| Section 1c and section 1.471 of the Revised Code, the sections, | 82940 |
| and the items of law of which they are composed, take effect as | 82941 |
| specified in this section. If, however, a referendum petition is | 82942 |
| filed against any such section as amended, enacted, or repealed, | 82943 |
| or against any item of law of which any such section as amended or | 82944 |
| enacted is composed, the section as amended, enacted, or repealed | 82945 |
| goes into effect at the earliest time permitted by law that is on | 82946 |
| or after the effective date specified in this section. | 82947 |
| Sections 9.24, 120.52, 120.53, 131.23, 317.08, 317.36, | 82948 |
| 323.01, 329.051, 340.03, 340.16, 1901.26, 1907.24, 2303.201, | 82949 |
| 2305.234, 2744.05, 3111.04, 3119.54, 3121.12, 3121.50, 3317.10, | 82950 |
| 3702.74, 4123.27, 4705.09, 4731.65, 4731.71, 4736.11, 5101.181, | 82951 |
| 5101.241, 5101.26, 5101.31, 5101.36, 5104.38, 5107.26, 5110.01, | 82952 |
| 5110.05, 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 82953 |
| (5111.0114), 5111.025, 5111.062, 5111.10, 5111.85, 5111.851, | 82954 |
| 5111.852, 5111.853, 5111.854, 5111.855, 5111.89, 5111.891, | 82955 |
| 5111.892, 5111.893, 5111.914, 5111.97 (5111.86), 5112.03, 5112.08, | 82956 |
| 5112.17, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5115.20, | 82957 |
| 5115.22, 5115.23, and 5119.61 of the Revised Code take effect | 82958 |
| October 1, 2005. | 82959 |
| Sections 5101.803, 5107.05, 5107.30, and 5107.301 of the | 82960 |
| Revised Code take effect January 1, 2006. | 82961 |
| Sections 3301.0710, 3301.0711, and 3301.0714 of the Revised | 82962 |
| Code take effect July 1, 2006. | 82963 |
| Section 612.12. Sections 108.05, 109.57, 109.572, 109.91, | 82964 |
| 120.36, 121.37, 121.38, 121.381, 121.382, 122.011, 122.083, | 82965 |
| 123.17, 125.05, 125.831, 125.832, 126.25, 131.02, 131.022, 133.09, | 82966 |
| 141.011, 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 181.251 | 82967 |
| (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), | 82968 |
| 181.55 (5502.65), 181.56 (5502.66), 183.28, 339.72, 339.88, | 82969 |
| 742.59, 901.43, 901.44, 905.32, 905.33, 905.331, 905.36, 905.37, | 82970 |
| 905.38, 905.381, 905.50, 905.66, 907.16, 911.02, 913.02, 913.23, | 82971 |
| 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, | 82972 |
| 927.69, 1327.511, 1327.62, 1327.70, 1327.71, 1327.99, 1502.02, | 82973 |
| 1515.14, 1541.03, 1713.03, 2113.041, 2151.416, 2152.74, 2901.07, | 82974 |
| 2923.25, 3107.10, 3125.191, 3301.311, 3301.32, 3301.86, 3301.88, | 82975 |
| 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, | 82976 |
| 3310.08, 3310.09, 3310.10, 3310.11, 3310.12, 3310.13, 3310.14, | 82977 |
| 3310.15, 3310.16, 3310.17, 3313.975, 3313.976, 3313.977, 3313.978, | 82978 |
| 3313.98, 3314.013, 3314.021, 3314.06, 3314.061, 3314.074, 3314.08, | 82979 |
| 3314.13, 3316.043, 3317.01, 3317.012, 3317.013, 3317.02, 3317.021, | 82980 |
| 3317.022, 3317.023, 3317.026, 3317.027, 3317.028, 3317.0212, | 82981 |
| 3317.0216, 3317.0217, 3317.03, 3317.034, 3317.035, 3317.05, | 82982 |
| 3317.052, 3317.053, 3317.06, 3317.081, 3317.16, 3317.20, 3317.201, | 82983 |
| 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 3317.50, | 82984 |
| 3317.51, 3318.011, 3318.33, 3319.22, 3319.235, 3323.091, 3323.14, | 82985 |
| 3323.16, 3325.11, 3325.12, 3325.16, 3325.17, 3333.36, 3353.01, | 82986 |
| 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 3365.04, 3365.07, | 82987 |
| 3365.10, 3365.11, 3701.146, 3702.141, 3702.68, 3702.83, 3709.29, | 82988 |
| 3709.34, 3712.03, 3714.073, 3715.04, 3721.03, 3721.032, 3721.07, | 82989 |
| 3721.15, 3721.21, 3721.541, 3734.57, 3734.901, 3734.9010, 3743.57, | 82990 |
| 3745.015, 3745.11, 3745.114, 3748.07, 3748.13, 3770.061, 3793.09, | 82991 |
| 3901.021, 3901.17, 3905.36, 4112.12, 4511.75, 4519.02, 4519.09, | 82992 |
| 4736.12, 4905.10, 4911.18, 4973.171, 5101.07, 5101.071, 5101.21, | 82993 |
| 5101.46, 5101.461, 5101.821, 5104.01, 5104.32, 5110.352, 5111.019, | 82994 |
| 5111.061, 5111.072, 5111.082, 5111.11, 5111.111, 5111.112 | 82995 |
| (5111.113), 5111.113 (5111.114), 5111.16, 5111.176, 5111.177, | 82996 |
| 5111.19, 5111.191, 5111.98, 5112.30, 5112.341, 5120.09, 5120.51, | 82997 |
| 5139.01, 5502.01, 5540.01, 5540.032, 5540.09, 5709.40, 5709.41, | 82998 |
| 5709.73, 5709.77, 5709.78, 5731.39, and 6109.21 of the Revised | 82999 |
| Code as amended or enacted by this act, and the items of law of | 83000 |
| which such sections as amended or enacted by this act are | 83001 |
| composed, are not subject to the referendum. Therefore, under Ohio | 83002 |
| Constitution, Article II, Section 1d and section 1.471 of the | 83003 |
| Revised Code, such sections as amended or enacted by this act, and | 83004 |
| the items of law of which such sections as amended or enacted by | 83005 |
| this act are composed, go into immediate effect when this act | 83006 |
| becomes law. | 83007 |
| Section 612.12.03. New sections 5111.02 and 5111.112 of the | 83008 |
| Revised Code as enacted by this act, and the items of law of which | 83009 |
| such sections as enacted by this act are composed, are not subject | 83010 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 83011 |
| Section 1d and section 1.471 of the Revised Code, such sections as | 83012 |
| enacted by this act, and the items of law of which such sections | 83013 |
| as enacted by this act are composed, go into immediate effect when | 83014 |
| this act becomes law. | 83015 |
| Section 612.15. The repeal by this act of sections 181.53, | 83016 |
| 339.77, 742.36, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, | 83017 |
| 3301.37, 3301.38, 3301.80, 3301.85, 3301.87, 3317.0213, 3353.02, | 83018 |
| 3353.03, and 3353.04 of the Revised Code is not subject to the | 83019 |
| referendum. Therefore, under Ohio Constitution, Article II, | 83020 |
| Section 1d and section 1.471 of the Revised Code, the repeals go | 83021 |
| into immediate effect when this act becomes law. | 83022 |
| Section 612.18. The sections of law amended, enacted, or | 83023 |
| repealed by this act that are listed in this section are not | 83024 |
| subject to the referendum. Therefore, under Ohio Constitution, | 83025 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 83026 |
| sections as amended, enacted, or repealed, and the items of law of | 83027 |
| which as amended or enacted they are composed, go into effect as | 83028 |
| specified in this section. | 83029 |
| Sections 140.01, 3323.021, 3721.01, 3721.50, 3721.51, | 83030 |
| 3721.511, 3721.52, 3721.541, 3721.56, 3721.561, 3721.58, 3722.01, | 83031 |
| 3722.02, 4117.24, 5111.041, 5111.042, 5111.20, 5111.21, 5111.22, | 83032 |
| 5111.221, 5111.222, 5111.23, 5111.231 (5111.232), 5111.234, | 83033 |
| 5111.235, 5111.24, 5111.241, 5111.242, 5111.25, 5111.251, | 83034 |
| 5111.254, 5111.255, 5111.256, 5111.257 (5111.258), 5111.26, | 83035 |
| 5111.261, 5111.262, 5111.263, 5111.264, 5111.265, 5111.266, | 83036 |
| 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32, | 83037 |
| 5111.33, 5111.34, 5112.31, 5123.01, 5123.041, 5123.046, 5123.047, | 83038 |
| 5123.048, 5123.049, 5123.0412, 5123.34, 5123.71, 5123.76, 5126.01, | 83039 |
| 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, | 83040 |
| 5126.12, 5705.091, 5709.40, 5709.73, and 5709.78 of the Revised | 83041 |
| Code take effect July 1, 2005. | 83042 |
| New sections 5111.231, 5111.257, and 5111.262 of the Revised | 83043 |
| Code take effect July 1, 2005. | 83044 |
| Section 3317.029 of the Revised Code takes effect July 1, | 83045 |
| 2006. | 83046 |
| Section 612.19. New sections 5111.231, 5111.29, and 5111.31 | 83047 |
| of the Revised Code, as enacted by this act, and the items of law | 83048 |
| of which such sections as enacted by this act are composed, are | 83049 |
| not subject to the referendum. Therefore, under Ohio Constitution, | 83050 |
| Article II, Section 1d and section 1.471 of the Revised Code, such | 83051 |
| sections as enacted by this act, and the items of law of which | 83052 |
| such sections as enacted by this act are composed, take effect | 83053 |
| July 1, 2005. | 83054 |
| Section 612.20. Sections 5111.221 and 5111.251 of the Revised | 83055 |
| Code, as repealed and reenacted by this act, and the items of law | 83056 |
| of which such sections as repealed and reenacted by this act are | 83057 |
| composed, are not subject to the referendum. Therefore, under Ohio | 83058 |
| Constitution, Article II, Section 1d and section 1.471 of the | 83059 |
| Revised Code, such sections as repealed and reenacted by this act, | 83060 |
| and the items of law of which such sections as repealed and | 83061 |
| reenacted by this act are composed, take effect July 1, 2005. | 83062 |
| Section 612.21. The amendment or enactment by this act of | 83063 |
| sections 122.17, 122.171, 131.46, 140.08, 150.07, 150.10, 319.302, | 83064 |
| 319.54, 323.152, 325.31, 1548.06, 2921.13, 4505.06, 5701.03, | 83065 |
| 5703.052, 5703.053, 5703.057, 5703.47, 5703.50, 5703.70, 5707.031, | 83066 |
| 5711.21, 5711.22, 5715.24, 5719.041, 5725.19, 5727.01, 5727.02, | 83067 |
| 5727.031, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.241, | 83068 |
| 5727.81, 5727.82, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, | 83069 |
| 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, | 83070 |
| 5731.181, 5731.22, 5731.23, 5731.41, 5733.01, 5733.33, 5733,351, | 83071 |
| 5733.352, 5733.40, 5733.41, 5733.49, 5739.01, 5739.02, 5739.025, | 83072 |
| 5739.10, 5741.02, 5743.01, 5743.021, 5743.03, 5743.031, 5743.05, | 83073 |
| 5743.071, 5743.072, 5743.08, 5743.14, 5743.15, 5743.16, 5743.18, | 83074 |
| 5743.19, 5743.20, 5743.71, 5743.72, 5743.73, 5743.74, 5743.75, | 83075 |
| 5743.76, 5747.02, 5747.05, 5747.056, 5747.08, 5747.331, 5747.80, | 83076 |
| 5747.98, 5751.01, 5751.011, 5751.012, 5751.02, 5751.021, 5751.03, | 83077 |
| 5751.031, 5751.032, 5751.033, 5751.034, 5751.04, 5751.05, 5751.06, | 83078 |
| 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, | 83079 |
| 5751.20, 5751.21, 5751.22, 5751.31, 5751.50, 5751.51, 5751.52, | 83080 |
| 5751.98, and 5751.99 of the Revised Code provides for or is | 83081 |
| essential to implementation of a tax levy. Therefore, under Ohio | 83082 |
| Constitution, Article II, Section 1d, the amendments and | 83083 |
| enactments, and the items of which they are composed, are not | 83084 |
| subject to the referendum and go into immediate effect when this | 83085 |
| act becomes law. | 83086 |
| Section 612.24. The repeal by this act of section 5731.20 of | 83087 |
| the Revised Code provides for or is essential to implementation of | 83088 |
| a tax levy. Therefore, under Ohio Constitution, Article II, | 83089 |
| Section 1d, the repeal is not subject to the referendum and goes | 83090 |
| into immediate effect when this act becomes law. | 83091 |
| Section 612.27. The amendment, enactment, or repeal by this | 83092 |
| act of the sections of law that are listed in this section | 83093 |
| provides for or is essential to implementation of a tax levy. | 83094 |
| Therefore, under Ohio Constitution, Article II, Section 1d, the | 83095 |
| amendments, enactments, and repeals, and the items of which any | 83096 |
| such amendment or enactment is composed, are not subject to the | 83097 |
| referendum and go into effect as specified in this section. | 83098 |
| Sections 4301.42, 4301.43, 4305.01, 5703.80, 5709.07, | 83099 |
| 5733.065, 5733.066, 5733.122, 5743.02, 5743.32, 5743.33, 5743.51, | 83100 |
| 5743.62, and 5743.63 of the Revised Code take effect July 1, 2005. | 83101 |
| Section 612.30. (A) Except as otherwise provided in division | 83102 |
| (B) of this section, the amendments by this act to section 127.16 | 83103 |
| of the Revised Code are not subject to the referendum. Therefore, | 83104 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83105 |
| of the Revised Code, the amendments take effect July 1, 2005. | 83106 |
| (B) The amendment to division (D)(2) of section 127.16 of the | 83107 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 83108 |
| Constitution, Article II, Section 1c and section 1.471 of the | 83109 |
| Revised Code, the amendment takes effect October 1, 2005. If, | 83110 |
| however, a referendum petition is filed against the amendment, the | 83111 |
| amendment, unless rejected at the referendum, takes effect at the | 83112 |
| earliest time permitted by law that is on or after the effective | 83113 |
| date specified in this division. | 83114 |
| Section 612.33. (A) Except as otherwise provided in division | 83115 |
| (B) of this section, the amendments by this act to section 321.24 | 83116 |
| of the Revised Code provides for or is essential to implementation | 83117 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 83118 |
| Section 1d, the amendments are not subject to the referendum and | 83119 |
| go into immediate effect when this act becomes law. | 83120 |
| (B) The amendment to division (F) of section 321.24 of the | 83121 |
| Revised Code provides for or is essential to implementation of a | 83122 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 83123 |
| 1d, the amendment takes effect July 1, 2005. | 83124 |
| Section 612.36. (A) Except as otherwise provided in division | 83125 |
| (B) of this section, the amendments by this act to section 329.04 | 83126 |
| of the Revised Code are not subject to the referendum. Therefore, | 83127 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83128 |
| of the Revised Code, the amendments go into immediate effect. | 83129 |
| (B) The amendments to divisions (A)(3) to (9) of section | 83130 |
| 329.04 of the Revised Code are subject to the referendum. | 83131 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 83132 |
| section 1.471 of the Revised Code, the amendments take effect | 83133 |
| October 1, 2005. If, however, a referendum petition is filed | 83134 |
| against the amendments, the amendments, unless rejected at the | 83135 |
| referendum, take effect at the earliest time permitted by law that | 83136 |
| is on or after the effective date specified in this division. | 83137 |
| Section 612.37. (A) Except as otherwise provided in division | 83138 |
| (B) of this section, the amendments to section 3314.02 of the | 83139 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 83140 |
| Constitution, Article II, Section 1c and section 1.471 of the | 83141 |
| Revised Code, the amendments go into effect on the ninety-first | 83142 |
| day after this act is filed with the Secretary of State. If, | 83143 |
| however, a referendum petition is filed against the amendments, | 83144 |
| the amendments, unless rejected at the referendum, take effect at | 83145 |
| the earliest time permitted by law. | 83146 |
| (B) The amendment striking the paragraph immediately | 83147 |
| following division (C)(1)(f)(iii) of section 3314.02 of the | 83148 |
| Revised Code is not subject to the referendum. Therefore, under | 83149 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 83150 |
| Revised Code, the amendment goes into immediate effect when this | 83151 |
| act becomes law. | 83152 |
| Section 612.38. (A) Except as otherwise provided in division | 83153 |
| (B) of this section, the amendments by this act to section 3314.03 | 83154 |
| of the Revised Code are not subject to the referendum. Therefore, | 83155 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83156 |
| of the Revised Code, the amendments go into immediate effect. | 83157 |
| (B) The amendments adding divisions (A)(25) and (F) to | 83158 |
| section 3314.03 of the Revised Code are subject to the referendum. | 83159 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 83160 |
| section 1.471 of the Revised Code, the amendments take effect on | 83161 |
| the ninety-first day after this act is filed with the Secretary of | 83162 |
| State. If, however, a referendum petition is filed against the | 83163 |
| amendments, the amendments, unless rejected at the referendum, | 83164 |
| take effect at the earliest time permitted by law. | 83165 |
| Section 612.39. (A) Except as otherwise provided in division | 83166 |
| (B) of this section, the amendments by this act to section | 83167 |
| 3317.024 of the Revised Code are not subject to the referendum. | 83168 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 83169 |
| section 1.471 of the Revised Code, the amendments go into | 83170 |
| immediate effect. | 83171 |
| (B) The amendment to division (J) of section 3317.024 of the | 83172 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 83173 |
| Constitution, Article II, Section 1c and section 1.471 of the | 83174 |
| Revised Code, the amendment takes effect on the ninety-first day | 83175 |
| after this act is filed with the Secretary of State. If, however, | 83176 |
| a referendum petition is filed against the amendment, the | 83177 |
| amendment, unless rejected at the referendum, takes effect at the | 83178 |
| earliest time permitted by law. | 83179 |
| Section 612.45. (A) Except as otherwise provided in division | 83180 |
| (B) of this section, the amendments by this act to section 3702.51 | 83181 |
| of the Revised Code are not subject to the referendum. Therefore, | 83182 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83183 |
| of the Revised Code, the amendments go into immediate effect. | 83184 |
| (B) The amendment to division (G)(10) of section 3702.51 of | 83185 |
| the Revised Code is not subject to the referendum. Therefore, | 83186 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83187 |
| of the Revised Code, the amendments take effect July 1, 2005. | 83188 |
| Section 612.51. (A) The amendment or enactment by Section 1 | 83189 |
| of this act of sections 2151.86, 3125.18, 5101.35, 5101.80, | 83190 |
| 5101.801, 5101.802, and 5153.16 of the Revised Code is not subject | 83191 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 83192 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 83193 |
| and enactments go into immediate effect when this act becomes law. | 83194 |
| (B) The amendment by Section 120.07 of this act of sections | 83195 |
| 3125.18, 5101.35, 5101.80, 5101.801, and 5153.16 of the Revised | 83196 |
| Code is subject to the referendum. Therefore, under Ohio | 83197 |
| Constitution, Article II, Section 1c and section 1.471 of the | 83198 |
| Revised Code, the amendments take effect January 1, 2006. If, | 83199 |
| however, a referendum petition is filed against the amendments, | 83200 |
| the amendments, unless rejected at the referendum, take effect at | 83201 |
| the earliest time permitted by law that is on or after the | 83202 |
| effective date specified in this division. | 83203 |
| Section 612.54. (A) Except as otherwise provided in division | 83204 |
| (B) of this section, the amendments to section 5111.02 (5111.021) | 83205 |
| of the Revised Code are subject to the referendum. Therefore, | 83206 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 83207 |
| of the Revised Code, the amendments take effect October 1, 2005. | 83208 |
| If, however, a referendum petition is filed against the | 83209 |
| amendments, the amendments, unless rejected at the referendum, | 83210 |
| take effect at the earliest time permitted by law that is on or | 83211 |
| after the effective date specified in this division. | 83212 |
| (B) The amendment by this act to division (B) of section | 83213 |
| 5111.02 (5111.021) of the Revised Code striking the last sentence | 83214 |
| of that division (B) is not subject to the referendum. Therefore, | 83215 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83216 |
| of the Revised Code, the amendment takes effect July 1, 2005. | 83217 |
| Section 612.57. (A) Except as otherwise provided in division | 83218 |
| (B) of this section, the amendments to section 5111.06 of the | 83219 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 83220 |
| Constitution, Article II, Section 1c and section 1.471 of the | 83221 |
| Revised Code, the amendments go into effect on October 1, 2005. | 83222 |
| If, however, a referendum petition is filed against the | 83223 |
| amendments, the amendments, unless rejected at the referendum, | 83224 |
| take effect at the earliest time permitted by law that is on or | 83225 |
| after the effective date specified in this division. | 83226 |
| (B) The amendment to division (A)(1) of section 5111.06 of | 83227 |
| the Revised Code that inserts a reference to section 5111.061 of | 83228 |
| the Revised Code is not subject to the referendum. Therefore, | 83229 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 83230 |
| of the Revised Code, the amendment goes into immediate effect when | 83231 |
| this act becomes law. | 83232 |
| Section 612.63. (A) Except as otherwise provided in division | 83233 |
| (B) of this section, the amendment renumbering section 5111.88 as | 83234 |
| section 5111.97 of the Revised Code is subject to the referendum. | 83235 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 83236 |
| section 1.471 of the Revised Code, the renumbering amendment takes | 83237 |
| effect October 1, 2005. If, however, a referendum petition is | 83238 |
| filed against the renumbering amendment, the renumbering | 83239 |
| amendment, unless rejected at the referendum, takes effect at the | 83240 |
| earliest time permitted by law that is on or after the effective | 83241 |
| date specified in this division. | 83242 |
| (B) The amendment to division (B)(2) of section 5111.88 | 83243 |
| (5111.97) of the Revised Code striking "eighteen" and inserting | 83244 |
| "twelve" is not subject to the referendum. Therefore, under Ohio | 83245 |
| Constitution, Article II, Section 1d and section 1.471 of the | 83246 |
| Revised Code, the amendment goes into immediate effect when this | 83247 |
| act becomes law. | 83248 |
| Section 612.66. (A) Except as otherwise provided in division | 83249 |
| (B) of this section, the amendments to section 5727.84 of the | 83250 |
| Revised Code provide for or are essential to implementation of a | 83251 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 83252 |
| 1d, the amendments go into immediate effect when this act becomes | 83253 |
| law. | 83254 |
| (B) The amendments striking divisions (B)(6) and (7) and | 83255 |
| (C)(3) from section 5727.84 of the Revised Code are subject to the | 83256 |
| referendum. Therefore, under Ohio Constitution, Article II, | 83257 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 83258 |
| take effect on the ninety-first day after this act is filed with | 83259 |
| the Secretary of State. If, however, a referendum petition is | 83260 |
| filed against the amendments, the amendments, unless rejected at | 83261 |
| the referendum, take effect at the earliest time permitted by law. | 83262 |
| Section 612.69. (A) Except as otherwise provided in division | 83263 |
| (B) of this section, the amendments to section 5727.85 of the | 83264 |
| Revised Code are not subject to the referendum. Therefore, under | 83265 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 83266 |
| Revised Code, the amendments go into immediate effect when this | 83267 |
| act becomes law. | 83268 |
| (B) The amendments to section 5727.85 of the Revised Code | 83269 |
| that insert new language into division (F), strike "February" and | 83270 |
| insert "May," strike divisions (G) and (H) and the two unlettered | 83271 |
| paragraphs following, insert new division (H), and add an internal | 83272 |
| cross-reference to division (F) of the section are subject to the | 83273 |
| referendum. Therefore, under Ohio Constitution, Article II, | 83274 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 83275 |
| take effect on the ninety-first day after this act is filed with | 83276 |
| the Secretary of State. If, however, a referendum petition is | 83277 |
| filed against the amendments, the amendments, unless rejected at | 83278 |
| the referendum, take effect at the earliest time permitted by law. | 83279 |
| Section 612.72. (A) Except as otherwise provided in division | 83280 |
| (B) of this section, the amendments by this act to section 5747.01 | 83281 |
| of the Revised Code provides for or is essential to implementation | 83282 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 83283 |
| Section 1d, the amendments are not subject to the referendum and | 83284 |
| go into immediate effect when this act becomes law. | 83285 |
| (B) The amendment to division (A)(10) of section 5747.01 of | 83286 |
| the Revised Code is subject to the referendum. Therefore, under | 83287 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 83288 |
| Revised Code, the amendment takes effect on the ninety-first day | 83289 |
| after this act is filed with the Secretary of State. If, however, | 83290 |
| a referendum petition is filed against the amendment, the | 83291 |
| amendment, unless rejected at the referendum, takes effect at the | 83292 |
| earliest time permitted by law. | 83293 |
| Section 615.03. Except as otherwise specifically provided in | 83294 |
| this act, the uncodified sections of law amended or enacted in | 83295 |
| this act, and the items of law of which the uncodified sections of | 83296 |
| law amended or enacted in this act are composed, are not subject | 83297 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 83298 |
| Section 1d and section 1.471 of the Revised Code, the uncodified | 83299 |
| sections of law amended or enacted in this act, and the items of | 83300 |
| law of which the uncodified sections of law amended or enacted in | 83301 |
| this act are composed, go into immediate effect when this act | 83302 |
| becomes law. | 83303 |
| Section 615.06. Uncodified sections of law amended or enacted | 83304 |
| in this act, and items of law contained within the uncodified | 83305 |
| sections of law amended or enacted in this act, that are marked | 83306 |
| with an asterisk are subject to the referendum. Therefore, under | 83307 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 83308 |
| Revised Code, the uncodified sections and items of law marked with | 83309 |
| an asterisk take effect on the ninety-first day after this act is | 83310 |
| filed with the Secretary of State. If, however, a referendum | 83311 |
| petition is filed against an uncodified section or item of law | 83312 |
| marked with an asterisk, the uncodified section or item of law | 83313 |
| marked with an asterisk, unless rejected at the referendum, takes | 83314 |
| effect at the earliest time permitted by law. | 83315 |
| If the amending and existing repeal clauses commanding the | 83316 |
| amendment of an uncodified section of law are both marked with | 83317 |
| asterisks, the uncodified section as amended is deemed also to | 83318 |
| have been marked with an asterisk. | 83319 |
| An asterisk marking an uncodified section or item of law has | 83320 |
| the form *. | 83321 |
| This section defines the meaning and form of, but is not | 83322 |
| itself to be considered marked with, an asterisk. | 83323 |
| Section 615.90. If the amendment or enactment in this act of | 83324 |
| a codified or uncodified section of law is subject to the | 83325 |
| referendum, the corresponding indications in the amending, | 83326 |
| enacting, or existing repeal clauses commanding the amendment or | 83327 |
| enactment also are subject to the referendum, along with the | 83328 |
| amendment or enactment. If the amendment or enactment by this act | 83329 |
| of a codified or uncodified section of law is not subject to the | 83330 |
| referendum, the corresponding indications in the amending, | 83331 |
| enacting, or existing repeal clauses commanding the amendment or | 83332 |
| enactment also are not subject to the referendum, the same as the | 83333 |
| amendment or enactment. | 83334 |
| Section 618.03. The amendment of sections 5112.03 and 5112.08 | 83335 |
| of the Revised Code are not intended to supersede the earlier | 83336 |
| repeal, with delayed effective date, of those sections. | 83337 |
| Section 618.06. The General Assembly, applying the principle | 83338 |
| stated in division (B) of section 1.52 of the Revised Code that | 83339 |
| amendments are to be harmonized if reasonably capable of | 83340 |
| simultaneous operation, finds that the following sections, | 83341 |
| presented in this act as composites of the sections as amended by | 83342 |
| the acts indicated, are the resulting versions of the sections in | 83343 |
| effect prior to the effective date of the sections as presented in | 83344 |
| this act: | 83345 |
| Section 122.74 of the Revised Code as amended by both Am. | 83346 |
| Sub. H.B. 356 and Am. Sub. S.B. 310 of the 121st General Assembly. | 83347 |
| Section 2151.86 of the Revised Code as amended by both Am. | 83348 |
| Sub. H.B. 106 and Am. Sub. H.B. 117 of the 125th General Assembly. | 83349 |
| Section 2921.13 of the Revised Code as amended by Am. Sub. | 83350 |
| H.B. 12, Am. Sub. H.B. 95, and Am. Sub. H.B. 311 of the 125th | 83351 |
| General Assembly. | 83352 |
| Section 3314.03 of the Revised Code as amended by both Am. | 83353 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 83354 |
| Section 3317.023 of the Revised Code as amended by both Am. | 83355 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 83356 |
| Section 3317.026 of the Revised Code as amended by both Sub. | 83357 |
| H.B. 129 and Sub. S.B. 200 of the 124th General Assembly. | 83358 |
| Section 5739.01 of the Revised Code as amended by both Am. | 83359 |
| Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 83360 |
| Section 5739.02 of the Revised Code as amended by both Am. | 83361 |
| Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 83362 |
| Section 5741.02 of the Revised Code as amended by Am. Sub. | 83363 |
| H.B. 95, Am. Sub. S.B. 37, and Sub. S.B. 47 of the 125th General | 83364 |
| Assembly. | 83365 |
| Section 5743.03 of the Revised Code as amended by both Am. | 83366 |
| Sub. S.B. 242 and Am. Sub. S.B. 261 of the 124th General Assembly. | 83367 |
| Section 5743.081 of the Revised Code as amended by both Sub. | 83368 |
| S.B. 200 and Am. Sub. S.B. 261 of the 124th General Assembly. | 83369 |